⚓ Maritime Law Guide + Generator

Cruise Ship Passenger Injury Demand Letters

Master federal maritime negligence law for cruise ship injury claims. Generate professional demand letters for slip-and-fall injuries, pool accidents, illness outbreaks, shore excursion injuries, and assault claims—with proper legal citations and ticket contract deadline awareness.

6 Mo Notice Deadline (Typical)
1 Year Suit Filing Deadline
S.D. Fla Common Forum

Maritime Law Governs Cruise Ship Injuries

Cruise passenger claims are not ordinary personal injury cases—they're governed by federal maritime law with unique rules, tight deadlines, and forum restrictions.

⚖ The Core Legal Framework

A passenger injured on a cruise ship on navigable waters falls under federal maritime tort jurisdiction. The cruise line's duty is "reasonable care under the circumstances"—not strict liability.

Maritime Negligence Elements
1
Duty
Reasonable care under circumstances
2
Breach
Failed to exercise care
3
Causation
Breach caused injury
4
Damages
Compensable harm

⚠ Critical: Ticket Contract Deadlines

Although maritime law provides a default 3-year statute of limitations under 46 U.S.C. § 30106, cruise ticket contracts almost always shorten this dramatically:

  • 6 months to provide written notice of injury
  • 1 year to file suit

These shortened limits are expressly permitted by 46 U.S.C. § 30508 and are routinely enforced by courts when reasonably communicated to passengers.

📍 Forum Selection Clauses Are Enforceable

The Supreme Court upheld cruise ticket forum-selection clauses in Carnival Cruise Lines v. Shute. Most major cruise lines require claims to be filed in the Southern District of Florida (Miami) or Miami-Dade County state court.

Your demand letter should acknowledge you're aware of the contractual forum—it signals sophistication to claims adjusters.

Aspect Default Maritime Law Typical Cruise Ticket Contract
Statute of Limitations 3 years (46 U.S.C. § 30106) 1 year to file suit
Notice Requirement None required by statute 6 months written notice
Forum / Venue Federal admiralty jurisdiction S.D. Florida or Miami-Dade (typically)
Duty of Care Reasonable care under circumstances Same—contractual waivers generally ineffective for negligence

🔒 Not the Jones Act

The Jones Act (46 U.S.C. § 30104) applies to crew members injured while working on the vessel—it provides a more plaintiff-friendly negligence standard plus unseaworthiness and maintenance/cure remedies.

Passengers rely on general maritime negligence, not seaman-specific remedies. Don't confuse the two in your demand letter.

Common Cruise Passenger Injury Types

Select your injury type to see specific liability theories and what to address in your demand letter.

🥹
Slip/Trip & Falls
Wet decks, stairs, pool areas, buffets, gangways. Requires showing actual or constructive notice of the hazard.
🏊
Pool & Recreation
Pool injuries, waterslides, rock walls, sports courts. Watch for assumption-of-risk defenses.
🤒
Illness Outbreaks
Norovirus, COVID-19, food poisoning. Focus on sanitation failures and failure to isolate/warn.
👮
Assault & Security
Crew or passenger assault, inadequate security, excessive force by security staff.
🏝
Shore Excursions
Third-party tour operator injuries. Negligent selection, failure to warn, apparent agency theories.
💉
Medical Negligence
Shipboard medical care failures. Complex—focus on ship's overall response, not just the physician.

🔎 The Notice Question

For slip-and-fall cases, courts often require proof that the cruise line had actual or constructive notice of the hazardous condition. Your demand letter should address:

  • How long was the hazard present before the incident?
  • Were there prior similar incidents or complaints?
  • Did crew create the hazard (spill during service, mopping without warning signs)?
  • What was the inspection/cleaning schedule for that area?

Key Maritime Cases for Cruise Injuries

Cite these cases in your demand letter to demonstrate legal sophistication.

Kermarec v. Compagnie Générale Transatlantique, 358 U.S. 625 (1959)
Established that shipowners owe passengers "the duty of exercising reasonable care under the circumstances"—the foundational standard for cruise passenger negligence claims.
Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)
Upheld forum-selection clauses in cruise tickets as enforceable when fundamentally fair and reasonably communicated. Most cruise claims must be filed in the forum specified in the ticket contract.
Morris v. Princess Cruises, Inc., 236 F.3d 1061 (9th Cir. 2001)
Applied the reasonable care standard to cruise passenger injury claims, confirming the standard negligence elements: duty, breach, causation, damages.
46 U.S.C. § 30508 (Contractual Limitations)
Expressly permits cruise lines to require at least 6 months' written notice and 1 year to file suit by contract. Courts routinely enforce these shortened deadlines.

☠ DOHSA: Death on the High Seas

For death cases occurring more than 3 nautical miles from U.S. shores, the Death on the High Seas Act (46 U.S.C. §§ 30301-30308) may apply. DOHSA generally limits damages to pecuniary losses only—no non-economic wrongful death damages in classic DOHSA cases.

These cases are highly specialized. If you're dealing with a death at sea, consult with a maritime attorney.

Demand Letter Preview

Evidence Checklist for Cruise Injury Claims

Document everything thoroughly to strengthen your claim. Maritime cases require specific evidence.

📃 Ticket & Booking Documents

  • Passenger Ticket Contract - The fine print matters: notice deadlines, forum selection, limitations
  • Booking confirmation - Emails, invoices, itinerary
  • Cabin assignment - Deck, stateroom number
  • Cruise card/SeaPass - Your onboard ID
  • Shore excursion receipts - If injury occurred on an excursion

📷 Immediate Documentation (On the Ship)

  • Photograph the injury - Take photos immediately showing bleeding, swelling, discoloration
  • Photograph the hazard - The wet deck, spill, broken railing, loose tile, fallen object
  • Report to Guest Services - Get an incident report number in writing
  • Get crew names - Officers, security, housekeeping who responded
  • Identify witnesses - Other passengers, traveling companions—get contact info
  • Note the cameras - Most ships have extensive CCTV—note camera locations

🏥 Medical Documentation

  • Ship infirmary records - Request copies before disembarking
  • Shore-side medical care - ER, urgent care, or doctor visits after the cruise
  • Describe the cause accurately - Tell providers exactly how the injury occurred on the ship
  • Keep all receipts - Co-pays, prescriptions, medical equipment, follow-up visits
  • Document recovery - Photos of healing process, limitations on daily activities

📩 Cruise Line Communications

  • Written follow-up - Email the cruise line immediately after disembarking to create a paper trail
  • Claim/case numbers - Document any reference numbers provided by customer service
  • Save all correspondence - Emails, letters, chat transcripts with the cruise line
  • Note phone calls - Date, time, representative name, what was discussed
  • Request the incident report - Ask for a copy of the ship's incident documentation

⚠ Preservation Demands (Spoliation Prevention)

Cruise lines may dispose of evidence if you don't act quickly. Your demand letter should request preservation of:

  • CCTV footage - Specify times and locations (e.g., "Deck 12 pool area, 2:00-3:00 PM on March 15")
  • Incident reports - Ship's internal documentation and investigation
  • Maintenance records - Inspection logs, cleaning schedules, repair history for the area
  • Prior incident reports - Similar accidents in the same location
  • Medical records - Shipboard infirmary treatment records
  • Crew statements - Witness statements from staff who responded

💰 Documenting Damages

  • Medical bills - All treatment costs, past and estimated future
  • Lost wages documentation - Pay stubs, employer letter confirming missed work
  • Trip interruption costs - Extra hotel nights, emergency flights, canceled excursions
  • Disability documentation - If permanent impairment, functional capacity evaluation
  • Impact on daily life - Journal entries, photos showing limitations

Next Steps After Sending Your Demand Letter

Cruise ship injury claims follow a specific timeline. Here's what to expect and when.

⏰ The Clock Is Ticking

Unlike most personal injury claims, cruise ticket contracts drastically shorten your deadlines:

  • 6 months from incident to provide written notice of your claim
  • 1 year from incident to file suit

Your demand letter may serve as your written notice—but confirm the ticket contract's specific requirements. Missing these deadlines likely bars your claim entirely.

1
Send Demand Letter (Immediately)
Send via certified mail with return receipt to the cruise line's claims department. Keep copies of everything. This may constitute your "written notice" under the ticket contract.
Within 6 months of incident
2
Await Response (30-45 days)
Cruise lines typically respond within 30-45 days. They may acknowledge receipt, request additional documentation, or make an initial settlement offer. Don't accept lowball offers.
3
Negotiate or Escalate (30-90 days)
If the offer is inadequate, counter with supporting documentation. Consider consulting a maritime attorney if negotiations stall. Remember your 1-year deadline.
4
File Lawsuit if Necessary
If no reasonable settlement, file suit in the forum specified in your ticket contract (usually S.D. Florida). Consider hiring a maritime attorney for litigation.
Must file within 1 year of incident

📈 Typical Settlement Ranges

Every case is different, but general ranges based on injury severity:

Injury Severity Typical Range Notes
Minor (bruises, sprains) $2,000 - $15,000 Often settled with cruise credit + medical reimbursement
Moderate (fractures, concussion) $15,000 - $75,000 Requires clear liability and documentation
Serious (surgery, long-term treatment) $75,000 - $300,000 Usually requires attorney representation
Severe/Catastrophic $300,000+ Permanent disability, wrongful death—complex litigation

Note: DOHSA cases (death on high seas) may limit recoverable damages to pecuniary losses only.

⚖ When You Should Hire an Attorney

  • Serious injuries: Anything requiring surgery, hospitalization, or long-term treatment
  • Disputed liability: Cruise line denies responsibility or blames you
  • Approaching deadline: Less than 3 months until 1-year filing deadline
  • Lowball offers: Settlement offer doesn't cover your documented damages
  • Shore excursion injuries: Multiple parties, waiver issues, foreign law complications
  • Death claims: DOHSA and wrongful death cases are highly specialized
  • Illness outbreaks: May involve class action or complex causation issues

Ready to Discuss Your Claim?

Get professional guidance on your cruise injury case. Maritime claims have unique rules.