Can You Sue if a Cruise Ship Injury Was Caused by Another Passenger?
Getting injured on a cruise ship is likely to ruin anyone’s vacation. But what if you were hurt by another passenger? Can you sue for compensation in that case?
In the event that you were injured on a cruise ship, whether because of another passenger’s negligence or the cruise ship company’s negligence, you can likely file a lawsuit. The statute of limitations for your claim will depend on where the incident took place. For example, if you were injured at a port in Florida, Florida’s two-year filing deadline will apply. If your case is against another passenger, you will need proof of their fault. Useful evidence in claims against other passengers includes medical records, security camera footage, and eyewitness statements. Similar evidence can be used in injury cases against cruise ship companies as well.
To schedule a free and confidential assessment of your case from the cruise ship injury lawyers of Rivkind Margulies & Rivkind, P.A., call us today at (305) 204-5369.
Suing for a Cruise Ship Injury Caused by Another Passenger
If you were injured while on a cruise ship, and another passenger caused your injuries, you may be able to sue to recover compensation for your damages. Depending on the situation, you might be able to file a claim against the passenger responsible for your injuries and the cruise ship company itself.
Suing Another Passenger
Injuries caused by the negligence of another person warrant compensation, even if that person was also a passenger on a cruise ship at the time. Passengers might injure others because of assaults or other intentional or negligent acts. Our cruise ship injury lawyers can help you piece together the events of an accident that caused you injury, even if you are unsure of the root cause. Suing another passenger is a possibility and can help you recover compensation for your various losses, including medical expenses and lost wages.
Suing the Cruise Ship
Depending on the situation, you might be able to file a claim against the cruise ship company, even if a passenger alone caused your injuries. For example, filing a negligent security case might be a possibility. Suppose you were injured in an assault by another passenger. If the cruise ship company did not have certain safety measures in place, such as security cameras, to deter or prevent assaults or other similar acts, the cruise ship might share liability for your injuries. Or, say you were injured because of another passenger’s intoxication. If cruise ship staff knowingly overserved a passenger, the cruise ship company might be partially liable for your injuries. Filing a claim against a cruise ship might result in greater damages for victims, such as punitive damages. That is why our lawyers will investigate whether or not the cruise ship company shares liability for your injuries in addition to another passenger.
Statute of Limitations for Cruise Ship Injury Claims Involving Another Passenger
In order to sue following a cruise ship injury caused by another passenger, you will have to file within the statute of limitations for such claims.
The filing deadline for your case will depend on its jurisdiction. Because many cruise ships leave out of Florida, the state’s two-year filing deadline for injury claims might apply. If you were injured while at sea, you might have to abide by a different statute of limitations. We will confirm the jurisdiction of your case so that you know how long you have to sue for a cruise ship injury.
When victims file claims against negligent passengers, the statute of limitations might be clearer than in cases against cruise ship companies. In negligent security claims or other injury cases against cruise ships, the filing deadline is not always so obvious. That is because cruise ship companies often include stipulations in passengers’ tickets pertaining to the jurisdiction where an injury claim must be filed. That might mean that the deadline for your claim against a negligent passenger might differ from the deadline for your claim against a cruise ship company. Confirming the correct statute of limitations for your case is of the utmost importance. If you do not file by the deadline, you will lose your right to recovery following a cruise ship injury caused by another passenger.
Evidence in Cruise Ship Injury Lawsuits Against Other Passengers
If you plan on suing another passenger for injuries sustained in an accident on a cruise ship, you will need to submit evidence of their fault. But what kinds of evidence are useful in these types of claims?
Depending on the circumstances of your accident on a cruise ship, various evidence might be available. For example, cruise ships often have surveillance cameras on board. Footage from a surveillance camera might clearly show how another passenger acted negligently or intentionally, causing your injuries. If the cruise ship company does not voluntarily hand over surveillance footage of an accident, our lawyers can subpoena it.
Other evidence, such as statements from eyewitnesses, can be similarly useful. Because of that, it will be important for victims to obtain the names and contact information of eyewitnesses so that our lawyers can contact them in the future.
Your medical records will also be important evidence in your claim. Often, the medical staff on board can provide the most immediate medical care to a victim injured on a cruise ship. Once you have docked at a port, wherever that might be, it is important to seek additional medical care. After returning home, resume your treatment for your injuries. Having considerable medical records of your injuries will likely make recovery easier for you, whether in a claim against another passenger or a cruise ship company. Be sure to keep records of your other losses, such as lost wages.
Call Our Attorneys to Discuss Your Cruise Ship Accident
You can call Rivkind Margulies & Rivkind, P.A. at (305) 204-5369 to have our cruise ship injury lawyers analyze your case for free.
