Cruise Ship Illness & Accidents

To pursue a cruise ship claim, it is the responsibility of you as a passenger to prove that the incident which gave rise to the injury or illness occurred during the voyage – and was caused by the fault or negligence of the ship’s carrier, crew or agents.

If you are injured or become ill during a cruise, the cruise carrier is liable under the Athens Convention.

The Convention applies to international carriage by sea when:

• The departure port and the place of destination are different.
• The departure port and destination are the same, but there is also a port of call in a different country.

The Athens Convention states that a carrier is liable for any damage or loss suffered by a passenger if the incident which caused it occurred during the course of the journey and was due to the neglect or fault of the carrier.

Because this is a complex area of law, there are other rules which apply. If you are injured because of a vessel’s defect, following an explosion, a collision, shipwreck or capsizing, you will not need to prove fault because strict liability should apply.

If you have an accident whilst on an organised excursion when at a port of call, it is possible to make a claim but these can be complex and it does depend on the circumstances.

The time limits for making claims can vary depending on the circumstances of each incident and whether the Athens Convention applies.

Claims under the Athens Convention must be made within two years from the date you disembarked the ship.

We’d always advise you to make a claim at your earliest opportunity following the incident. This will help to strengthen the evidence of your case, and may improve your chances of securing a higher level of compensation.

To start your claim, contact our solicitors today for a free consultation about your circumstances.

When making a compensation claim for personal injury or death under the Athens Convention, the case is usually heard in the country which is most favourable to you.

If you live in England or Wales, you could pursue a claim in English or Welsh courts even if the cruise departed from another country. However, careful consideration needs to be given to the booking documents and expert legal advice is often required.

One of our cruise ship lawyers will discuss your case in detail and try to establish all the facts. They will then advise you about the strength of your claim for compensation.

You are entitled to complain directly to the cruise company, but the amount of damages which can be recovered is often far higher when you have legal representation.

If we think you should pursue a claim, we’ll try to negotiate a settlement with the third party and advise you whether to accept the offer. If necessary, we will issue court proceedings but many cases are settled before it comes to this.