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Page 5 of 14 |
If I am injured while on a cruise ship, what type of damages can I claim? |
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A cruise ship passenger may recover medical expenses, lost wages, pain and suffering, and intangible damages such as the loss of enjoyment of life.
If the injuries occur on a cruise ship that is on the navigable waters of the United States and within the territorial waters of a coastal state like Florida then state law will generally be applied to the negligence claim and to the damages that may be recovered. However, if the vessel is outside the state territorial waters, normally three miles from land or more, the general maritime law applies and it is used to determine both liability and damages.
It is necessary for physical injury or sexual assault & battery (to have occurred in order to sustain a plaintiff's claim of purely emotional injury. Without physical injury, a passenger cannot recover damages for extreme emotional distress. In a cruise ship case, 207 passengers sued the ship owner because the ship encountered extremely bad weather that the ship's officer knew of but did not avoid. The cruise line demonstrated that 141 of the passengers did not have any objective physical injuries and a court ruled that they were not entitled to recover for their emotional distress. |
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