The Miami cruise lawyers at Perkins Law Offices will answer the question, “what is the absolute first thing you should do if you’re hurt on a cruise?”, why it matters, and what steps you need to take to protect yourself legally and medically. And yes, if you are currently on a cruise ship and you are Googling this question, you have come to the right place! You found the best cruise ship injury lawyer to call your case because you can call us from the cruise ship right now and be on the with a cruise attorney. You can email us or text us using the ship’s WiFi. We closely monitor our calls, emails, texts and forms filled out on our website Perkinslawoffices.com. We will try to get with you as soon as possible to guide you on what to do first. We even have a live chat on a website and the possibility is you will get someone right away on the chat who is a real person or if you call the call will be transferred to a real person even Mr. Perkins who personally takes primary responsibility for all cruise ship injury cases at the firm. Cruise ship injury cases are our bread and butter and it’s never too early to protect your legal rights against the cruise line. You better believe that the cruise line is protecting itself from the moment they find out a passenger sustains an injury — and so should you!
Crew members from the security staff, to the medical team, to the cleaning people, are all trained to help the cruise line minimize risk and down stream liability. Once crew members learn a passenger has been injured, they go into risk mitigation mode and they will immediately call for security to arrive. Security will either come to the scene along with medical personnel, not only to assist the injured passenger, but also to document what happened. For example, when a security team comes to the scene of the incident of a slip and fall on a pool deck, and the passenger is laying on the wet deck with a broken ankle, they will start taking pictures of the floor as well, as the passenger, including pictures of the shoes they are wearing and the injuries. But understand that these pictures are not being taken to be given to you later to help you with your injury claim or figuring out what happened. They are being taken to collect information in anticipation of litigation and will not be shared with you unless there is ultimately a lawsuit, and a judge makes them hand it over.
The security team will take down information and start filling out an incident report. They will also try to get an accident statement from you that they will ask you to sign. These statements and incident reports can also be filled out by the medical team while you are being treated in the medical center. Sometimes the security will be in the medical center while the injured passenger does not have their wits about them. The passenger will be getting treatment while being asked questions at the same time, barely paying attention to what they are saying, especially if they are seriously injured. A lot of times my cruise injury clients give these statements and sign off on them while in distress, disoriented, or on narcotic painkillers. Sometimes security will ask you to fill out the report yourself and sign it, but often they will fill out the information interpreting what you say often with a slant favoring the cruise line. Good luck getting a copy of the incident report or your own statement.
The cruise line will never share a copy of the actual incident report with the injured passenger because they will claim it as work product or proprietary or part of their internal use, and therefore cannot give you a copy. Reports are considered work product privileged and created in anticipation of litigation. Even during a lawsuit, a cruise line does not have to give up their internal paperwork like an incident report to the other side, except under exceptional circumstances. However, the cruise line is supposed to give you your statement or the statement of your family members, if you ask for it. They also should give you a copy of your medical records, if you ask for it. They also should give you a copy of your medical Center records. And don’t count on the cruise line giving you a copy of the CCTV footage of any security cameras that captured the incident. The cruise line will not turn that over voluntarily to your cruise accident lawyer either. Attorneys will not be able to obtain CCTV footage until a lawsuit is filed and we have the power of discovery.
Therefore, if you are asking what is the absolute first thing I should do if I’m hurt on a cruise, besides getting medical help, is to is to take as many photos and videos with your personal cell phone or camera (that is hopefully on your person when the incident occurs) as you can. This way you can document the scene of the incident yourself, and do not have to rely on the cruise lines’ documentation or cooperation or having to file a lawsuit and making the Judge order the cruise line to hand it over. This becomes very important in cases involving cruise ship slip and falls, cruise ship trip and falls, cruise ship gangway accidents, falling ceilings, or any other type of incident involving a dangerous condition on the cruise ship which caused the injury. This evidence will disappear quickly, especially if it’s a temporary condition like a wet floor and you may never get the chance to see what caused your fall again or to be able to prove your case in a court of law. The big cruise lines are not going to give you information like photographs and video that can be used against them later if they don’t have to. They will not be honest with what’s on their pictures or security cameras. You should expect to get the runaround with different crew members telling you you’ll have to talk to my supervisor and then the supervisor will be pointing you in different directions to different departments, and ultimately they will tell you they can’t help you.
Another answer to the question “what is the absolute first thing I should do if I’m hurt on a cruise?” is try to get photos, and videos of whatever the security or medical team is filling out as far as an incident report or accident claim form or statement. Try to sneakily get a good picture of the paperwork. Another absolute first thing you should do if you’re hurt on a cruise ship is look around to see if there were any security cameras in the area that may have captured the incident. Note where there are and tell your cruise accident attorney when you hire him. Likewise, another absolute first thing you should do if you’re hurt on a cruise is to look for witnesses that may have seen the incident occur and get there personal contact information. Nowadays you can follow them on social media too and stay in touch.
Now if you’re hurt or injured by a different type of incident, for example a sexual assault or rape, the absolute first thing you should do is report what happened to ship security but also make sure that you preserve any thing that may have DNA evidence on it including clothing, or your own body. Do not take a shower as the first thing you do after you get hurt by an assault or sex assault, even though you may feel have to. You may be destroying crucial evidence that will help law enforcement get a criminal conviction or help you to prove liability in a civil case against the cruise line if they bear any responsibility for the incident. For example, if a sexual assault is committed on a cruise ship by a crewmember, the cruise line can be held strictly liable for the act of the crewmember.
When in doubt as to what is the absolute first thing I should do if I’m hurt on a cruise, call or email the Miami Cruise ship injury attorney Alex Perkins ay 305-741-5297 or perkins@perkinslawoffice.com
What Is the Absolute First Thing I Should Do If I’m Hurt on a Cruise?
Seek Medical Attention Immediately If an Emergency
Your health comes first. Without it you have nothing and all the money in the world can’t make it better. The very first thing you should do if you’re injured on a cruise is to get medical attention from the ship’s medical staff. Every cruise ship has an onboard infirmary staffed with doctors and nurses trained to handle injuries at sea. Delaying treatment could not only worsen your condition but also compromise your injury claim later. You have duty to mitigate your damages and lack of treatment gaps and treatment and refusal to treat against medical advice can be used later against you in a court case.
Why Immediate Medical Attention Matters
- Documentation: The cruise ship doctor will create a medical report. This record becomes crucial evidence for your claim especially if no incident report was filled out by security. The fact that you went to the Medical Center, even if there is no incident report helps remove any doubt as to whether the incident actually occurred.
- Proof of Injury: Cruise lines often question whether an injury actually occurred. Immediate medical care helps eliminate doubt or can remove that argument as a defense later on down the road for the cruise line to deny the incident even happened.
- Mitigating Further Damage: Prompt care can prevent complications or long-term consequences. Also, under the law you have a duty to lessen your damages if you can. For example, you can’t sit around and wait for your injury to get worse to make your claim more valuable.
Report the Injury to Cruise Ship Security
Once you’ve received medical attention or if it is not a full-blown emergency and you have the wherewithal before going to the Medical Center, you must report the incident to the appropriate cruise ship authority— Ask for a Cruise Ship Incident Report to be filled out, you can do this at a security station or customer care or guest services desk. Make sure you report accurately, firmly and DO NOT BLAME YOURSELF. Be prepared for security to ask
- Were you drinking any alcohol?
- What type of shoes were you wearing?
- Who do you blame for the accident?(Don’t say yourself!)
- What could have been done to prevent the accident?(Don’t blame yourself)
- Time and date of the accident
- Exact location onboard
- How the injury happened
- Names and contact info of any witnesses
Insist on getting a copy of this report but don’t expect to. Cruise lines are not legally required to share incident reports as they are considered work product privileged, even during the course of litigation. If you can try to get it. If you can try to get a photo or video of the report after you fill it out or sign it or a while, the security crew is filling it out.
Photos Photos Photos — Document Everything Yourself
You can’t rely on the cruise line’s documentation. They Start building your own evidence file:
- Photograph the scene: Include anything that contributed to the accident (wet floors, broken handrails, etc.)
- Photograph your injuries: Swelling, bruising, cuts—the more visual evidence, the better.
- Record witness statements: If other passengers saw the incident, ask them to jot down what they saw and get their contact info.
- Keep medical records and bills: From onboard treatment to follow-ups on land.
Do Not Sign Anything Without At Least Reviewing It Or Getting a Copy Or Getting Legal Advice
Cruise lines may try to offer you a small reimbursement or ask you to sign a release form. Do not sign anything without speaking to a cruise injury lawyer first. Signing a release will bar your right to file a claim or lawsuit later. Also do not sign an incident report without first reviewing it for accuracy ensuring you are not being blamed for the incident first and foremost. A common question in the incident report is who do you blame for the incident or what could you have done different. Don’t take the bait and don’t feel guilty or pressured to answer the question. If you’re confused, just skip it. A small discount on your next cruise is not worth giving up your serious injury claim.
Contact a Cruise Ship Accident Attorney
If you cannot reach a Miami cruise ship attorney like Perkins Law Offices while you are still on the ship, as soon as you disembark, your next call should be to an attorney experienced in maritime injury law like Alex Perkins, who has been rated among the best cruise ship injury lawyers in Miami for many years. Cruise injury cases are governed by a complex set of rules different from standard personal injury laws. At Perkins Law Offices, our Miami-based team has decades of experience handling cruise ship injury claims.
“Cruise injury claims are time-sensitive and governed by federal maritime law. If you’re hurt on a cruise, you only have only one year to file a lawsuit. The clock starts ticking the moment the accident occurs.” — Alexander Perkins, Esq., Founding Attorney at Perkins Law Offices
Examples of Types of Cruise Ship Accidents We Handle
- Slip and fall accidents on wet decks or poorly maintained walkways
- Trip hazards such as uneven carpeting or obstructed hallways
- Elevator door malfunctions
- Stairway Falls
- Gangway accidents transferring from cruise ship to tenders and peirs
- Medical negligence by cruise ship staff
- Sexual Assaults and Rape by crew members or other passengers due to inadequate security
- FlowRider Injuries
- Allergic Reactions causing serious injuries and anaphylactic shock requiring epinephrine shots, medical treatment or hospitalizations after warning of the dietary restrictions
- Falling ceilings and falling objects
- Excursion Injuries
- Food Poisoning
- Legionnaires disease
- Carbon monoxide poisoning
- Failure to evacuate
- Snorkeling accidents
- Cruise line private island injuries
- Animal bites, scratches and attacks
- Burns from hot decks
- Wrongful death
- Outbreaks
Each of these scenarios can be grounds for a cruise ship injury claim, especially if the cruise line’s negligence caused or contributed to your harm.
Know Your Rights as a Passenger
Under maritime law, cruise lines owe passengers a “duty of reasonable care”. This means they are legally required to maintain safe conditions onboard. The cruise line also owes a separate duty to warn of dangers that are not open an obvious that it knew or should’ve known about. If the cruise company fails to meet these duties and you’re injured as a result, they may be held liable.
Don’t let the cruise line’s size, lawyers, or complicated contracts intimidate you. You have rights—and you have a cruise lawyer!
Potential Counterarguments and Why They Don’t Hold Up
Some cruise lines may claim:
- “The injury was your fault.” the cruise line will almost always try to blame the victim, especially if there was alcohol involved, or if it is a slip and fall they will try to blame the footwear and ridiculously say flip-flops are dangerous, even though the everybody on the cruise ship is wearing flip-flops on their Caribbean voyage– this is often just a scare tactic.
- “We had warning signs posted.” If signs were poorly placed or ineffective, this defense falls flat. Even if a cruise line has warning signs posted that may only alleviate them of the duty to warn, but if the warnings were futile, it still does not alleviate all liability because they still have duty to maintain a safe vessel. Sometimes the fact that they post warning signs, in other places near where you fell or have permanent signs of fix proves that the cruise line created the dangerous condition or at least new the floors were slippery establishing the important element required, and all such cases of notice.
- “It’s just a minor injury.” Even seemingly small injuries can have long-term consequences. Always get checked and document everything. delays and treatment don’t get treated the same, but it is common that you may not think you were initially hurt and find out weeks or months later that you sustained a severe injury trying to tough it out on your own
Don’t Wait, Act Now
If you’re wondering what is the absolute first thing you should do if you’re hurt on a cruise, get medical help, then protect your rights. Every decision you make immediately after the injury can affect your future ability to bring a viable case against the cruise line.
At Perkins Law Offices, we’re here to guide you every step of the way. We’ve helped countless clients get the justice and compensation they deserve. If you or a loved one has been injured on a cruise, contact us today for a free consultation and there are no attorneys fees whatsoever paid out of your pocket. We only get paid if we get you paid. If we do not make a recovery on your behalf, you owe us nothing. You have nothing to lose.
Frequently Asked Questions (FAQs)
Q: How long do I have to file a cruise ship injury claim?
A: Most cruise ship tickets include a clause requiring passengers to file lawsuits within one year of the injury. Most cruise lines also require written notice of the claim within six months.
Q: Who should I report my injury to onboard?
A: Immediately notify the ship’s Guest Services desk or the Security Officer. Get documentation of your report and request a copy of the Cruise Ship Incident Report, your accident statement and your medical records. They may not give you all or any of these, but you should at least try to obtain them or get photographs of the reports.
Q: What if I didn’t realize I was hurt until after the cruise?
A: You should still see a medical provider immediately and contact cruise injury attorney Alex Perkins. The sooner you act, the better chance you have of documenting and proving your injury. the longer the gap in treatment from the incident the more difficulty you will have improving your case that you sustained a serious injury from the incident. You also want to get consistent treatment and follow doctors orders so they cannot argue. You are not that hurt or failed to follow doctors’ orders mitigating your damages.
Q: Will the cruise line cover my medical expenses?
A: Not automatically. Most cruise lines charge passengers to visit the medical Center. However, I have seen the cruise lines wave their medical center fees when there is some indication the cruise line feels it may have caused or contributed to the injury. If you were seriously hurt, you should not worry about the bills and getting charged as you can always take care of that later, especially if the liability against the cruise line is good and you bring a claim. A Perkins Cruise Injury lawyer will seek all of your medical bills, out-of-pocket expenses, lost wages, and your non-economic damages like pain and suffering, scarring, disfigurement, emotional distress and lost capacity for the enjoyment of life. Most cruise lines only offer compensation if you file a claim and prove that they were negligent.
Q: Can I sue the cruise line from my home state?
A: You do not need to come to Florida to hire a Miami Cruise injury lawyer to bring a lawsuit. While many cruise lines require that lawsuits arising out of voyages touching a US port be filed in federal court in Miami, Florida, where most cruise lines are headquartered, that does not mean you actually must travel to Florida. only if the case goes into litigation and the case goes to trial, which is very rare, might you be required to come to Florida. They’re awesome. May be a time where you come to Florida for a compulsory medical exam mediation or deposition, but that is becoming more uncommon with the advent zoom and other video conferencing technology. Working with a local Miami maritime firm like Perkins Law Offices is a major advantage.
Hurt on a cruise? Know your rights. Take action. And let us fight for the compensation you deserve.
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Miami’s Cruise Ship Injury Legal Experts
