Bedford Hills, NY asked in Admiralty / Maritime for New York

Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?

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2 Lawyer Answers

Michael A. Winkleman

Answered
  • Maritime Law Lawyer
  • Miami, FL

A: I hope your wife is doing OK.

The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the date of the incident), and a one year statute of limitations (which means any case must be filed within 1 year of the date of the incident.

Most importantly, this same fine print requires that any case be filed in Miami, Florida. This is a called a forum selection clause and they are enforceable. Feel free to contact me directly at mw@lipcon.com as the entirety of our legal practice is devoted to helping cruise ship passengers and crewmembers recovery for injuries sustained while at sea.

Timur Akpinar and Stephen Arnold Black agree with this answer

Gordon Charles Webb

PREMIUM
Answered
  • Maritime Law Lawyer
  • Seattle, WA

A: Read your cruise contract. Most have a one year statute of limitations with six month notice requirement. But again, READ YOUR PASSENGER TICKET.

Timur Akpinar and Stephen Arnold Black agree with this answer

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