If a cruise line’s negligence caused your injury, most cruise lines passenger contracts say that you cannot sue after 1 year of the date of injury or death.
Can a cruise line limit the period for you to sue for personal injury or death to less than 1 year after the date of injury or death?
No. Federal law prohibits the shortening of negligence claims below one year, see 46 U.S.C. § 30508(b). A Miami federal court judge pointed out this law in a case where a lady sued NCL (Norwegian Cruise Line) for personal injury. Friedhofer v. NCL Ltd., Dist. Court, SD Florida 2015.
Do cruise lines require that you give notice of, or file a claim for, personal injury or death before suing?
Yes. It is in the passenger contract.
Can a cruise line limit the period for you to give notice of, or file a claim, for personal injury or death to less than 6 months after the date of injury or death?
No.
Is failing to give a cruise line notice of a claim for personal injury or death a bar to recovery?
Yes, per every cruise line contract that I have seen.
What are the time limits for passenger personal injury or death claims against cruise lines that need to be sued in Florida?
Several cruise lines can only be sued for personal injury in a particular county and court in Florida. If you try to sue them in another county, state or court, your case will be dismissed.
Most personal injury claims against cruise lines arise from slip, trip and falls. However, many other types of accidents happen on cruise ships.
Below are the time limits that apply to the cruise lines that must be sued for personal injury in Florida.
Carnival Cruise Line
In most passenger slip and fall cases against Carnival, the passenger has one (1) year to sue. This deadline comes from Carnival’s passenger ticket on its website.
Here is a screenshot of paragraph #13 of Carnival’s passenger ticket.
Minor children who are hurt may have more time to sue. For purposes of the time to sue, a “minor child” is someone who is under the age of 18.
Here is a summary of the time limits in Carnival passenger accident cases.
Written Notice: Within 185 days of injury or death
Lawsuit: Within 1 year from injury or death
Process Served: Within 120 days after filing.
Royal Caribbean
Written Notice: Within six (6) months of injury or death
Notice must be sent to:
c/o Royal Caribbean
1050 Caribbean way, Miami, Fl 33132
Lawsuit: Within 1 year from injury or death
Service of Process: 120 days after filing
Cruise/Cruisetour Ticket Contract
Where Lawsuit Must Be Filed: United States District Court for the Southern District of Florida Located in Miami-Dade County, Florida
Norwegian Cruise Lines
Written Notice: Within 185 days of injury or death
Notice must be sent to:
NCL (Bahamas) Ltd. doing business as Norwegian Cruise Line
Lawsuit: Within 1 year from injury or death
Guest Ticket Contract
Celebrity Cruise Lines
Written Notice: Within 185 days of injury or death
Notice must be sent to:
C/O Celebrity Cruises, Inc.
1050 Caribbean Way
Miami, FL 33132
Lawsuit: Within 1 year from injury or death
Process Served: 120 days after filing
Cruise Ticket Contract: Cruise/Cruisetour Ticket Contract
MSC Cruises
For Voyages including a U.S.A. port:
Written Notice: Within six (6) months 185 days after date of injury or death
Notice must be given to:
MSC and the Cruise Ship within six (6) months (185 days) after the date such death, injury in accordance with 46 U.S.C. § 30509. Such notice shall be sent by registered mail to:
Legal Department
MSC Cruises, S.A.
12-14 Chemin Rieu, 1208 – Geneva (Switzerland)
Lawsuit: Within 1 year from injury or death
Terms and Conditions
For claims involving a Passenger under age 18 or an incompetent person, time shall be calculated from the date of the appointment of a legal representative. Such appointment must be made within three (3) years after such injury, onset of illness or death.
Disney Cruise Line
Written Notice: Within 6 months of injury or death
Lawsuit: Within 1 year from injury or death
Cruise Contract
Costa
For Voyages that Depart from, Return to, or Visit a U.S. Port:
Written Notice: Within 185 days of injury or death
Lawsuit: Within 1 year from injury or death
Cruise Ticket Contract
Oceania Cruises
Written Notice: Within 6 months of injury or death
Oceania Cruises, Inc.
8300 NW 33rd Street, Suite 100
Miami, Florida 33122
Telephone: 305.514.2300
Telefax: 305.514.2222
Lawsuit: Within 1 year from injury or death
Process Served: Within 120 days after filing
Guest ticket contract
Bahamas Paradise Cruise Line
Written Notice: Within 6 months of injury or death
Lawsuit: Within 1 year from injury or death
Process Served: Within 120 days after filing.
Passenger cruise ticket contract
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