In late 2015 while on a 12+12 day back-to-back cruise, wife injured her left foot entering our stateroom bathroom step-up. Ship's doctor X-Ray'd the injured foot, provided a bandage wrap, and said that was all that was available. Doctor said no crutch, powered scooter or wheel chair or any other treatment was available to her while on-board, and she would have to leave ship to seek further treatment. An acquaintance and fellow traveler also injured her foot while on same cruise, and was provided crutches, powered scooter, personal assistance and other perks. Subsequently, after our return, due to pain from the injury, wife had to undergo surgery to repair metatarsal and hammer-toe injuries as a result of the original accident. She asked for someone to contact her; a case number was initially assigned. Her additional contact requests have not been responded to, and no one from the cruise line has contacted her in any significant form other than the case number assignment. No phone calls, emails, letters; nothing...!
Look at your passenger ticket and related documents. Does there exist a clause regarding which state has jurisdiction over any claim for injury? Is there a clause in the passenger ticketing documents that identify which jurisdiction's law will govern a claim for injuries? Take all these documents to a local attorney and review any and all jurisdictional issues that arise out of the passenger ticketing documents. Courts typically will uphold these clauses. Not always but usually they do. Additionally, you must act immediately because often times maritime injury cases have special rules regarding time limits within which you need to file the various claims etc..good luck and heal fast
Unless there is more to the facts of the injury I do not see why the cruise line would be liable for your wife's damages. It is not their fault simply because her injury happened on their ship. You have not indicated there was anything dangerous or defective with the step.
Typically cruise lines use forum selection clauses in their ticket terms, meaning if you have a dispute with the cruise line, e.g. for an on-board injury, you agree to litigate your claims in a state of the cruise line's choosing. Typically they choose Florida law.
It can't hurt to be the squeaky wheel and try to get someone to pay attention to the claim, but for there to be an obligation to pay, there must be some evidence of negligence on the part of the cruise line that caused the harm. I do not think their failure to provide crutches, a scooters, etc. is actionable.
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
That is why people hire attorneys. You need to hire a specialist known as a maritime or admiralty attorney. Act quickly, as the statute of limitations here may be much shorter than you think.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on .com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on .
