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Cruise and Maritime

Slip and Fall on a Cruise Ship: What to Preserve Before You Leave the Ship

A fall at sea leaves a short trail of evidence, and most of it stays with the ship when you walk off.

Josef Timlichman
By Josef Timlichman

·6 min read

A cruise fall usually happens fast and in an ordinary place: a pool deck slick with water and sunscreen, a buffet floor with spilled food, an exterior stairway wet from rain or a morning washdown, a dim theater aisle, a tender platform moving with the swell. Within the hour the deck is mopped, the crew rotates, and the ship sails for its next port. You go home with a broken wrist or an injured knee and very little paper.

That imbalance is the problem. The cruise line has the cameras, the cleaning logs, the incident report, and the crew. You have your phone and your memory. The steps below are the ones we want passengers to take on board, and in the first weeks after they get home.

1. Report the fall on board and ask for a copy of the report

Go to guest services or ask for security as soon as you can. Ask that an incident report be prepared and ask for a copy. Many ships will not hand one over; ask anyway, and write down the name and rank of the officer who took the report and the time. If a crew member asks you to sign a written statement, read it slowly. You may decline to sign anything that does not say what happened in your own words.

That evening, write your own account: the time, the deck and location, what you had on your feet, what was on the floor, and what anyone said to you. Remarks like "we just mopped" or "people slip here all the time" matter. Write them down word for word.

2. Photograph the surface, the lighting, and the warnings

Take photos and a short video of the exact spot before it is cleaned, if you can do so safely, or ask a companion to do it. Capture the liquid or debris, the flooring material, any mat or drain, the lighting, the handrails, and whether a wet floor sign was in place. Then step back and take wide shots that show the deck number and nearby landmarks so the location can be found later. Photograph your shoes, and photograph your injuries over the following days as bruising develops.

3. Ask the ship to keep its video, in writing

Cruise ships carry extensive camera coverage. Federal law requires covered passenger vessels to maintain a video surveillance system and to keep recordings for at least 20 days after they are made (46 U.S.C. § 3507(b)). After that, footage can be lost. Send a written request to the cruise line, before you disembark if possible and again by email once you are home, asking it to preserve all video of the area for the hour before and after your fall, along with cleaning logs, maintenance records, and the incident report. We send a formal preservation letter at the start of every case.

4. Gather names before everyone scatters

Other passengers are independent witnesses, and they will be spread across the country within a week. Get names, cabin numbers, phone numbers, and email addresses. Note the names on crew badges for anyone who cleaned the area, helped you up, or came to the scene. Crew contracts end and crew members change ships; a name and position written down today can be located later.

5. Get the infirmary records and keep every charge

If you were seen in the ship's medical center, ask for a copy of your records before you leave the ship, including any x-ray images. Keep your onboard account statement, which shows the medical charges and the time you were seen. When you get home, see your own physician promptly and describe exactly how you fell. Gaps in treatment are the first thing an insurer points to.

6. Do not give a recorded statement or sign a release

After you return, a claims representative may call, sympathetic and eager to close the file. Be polite and brief. Do not give a recorded statement, do not guess at what caused the fall, and do not accept a refund, future cruise credit, or payment that requires you to sign a release until the paperwork has been reviewed.

The rules that matter for cruise passengers in Florida

Your ticket is a contract, and it shortens your deadlines. Cruise ticket contracts usually require written notice of an injury claim within a set period, often six months, and require that a lawsuit be filed within one year. Federal law permits this for seagoing passenger vessels but sets floors: a ticket cannot make the notice period less than 6 months after the injury, or the time to sue less than one year after the injury (46 U.S.C. § 30526(b)(1) and (2), formerly numbered § 30508). Without such a provision, the general federal deadline for a maritime personal injury claim is three years (46 U.S.C. § 30106). Florida's two-year negligence period is usually not the clock that controls a fall at sea.

The ticket also picks the courthouse. Most major cruise lines require suit in a particular federal court, frequently the federal court in Miami, and name a state court for claims the federal court cannot hear. Filing in the wrong place can cost time you do not have.

Read your own ticket. Terms differ between cruise lines and between sailing dates. Download the version that applied to your cruise, or ask us to obtain it, and act well before the deadlines it sets.

Our firm won an appeal in the U.S. Court of Appeals for the Eleventh Circuit holding that a cruise line could not win dismissal on its one-year ticket deadline when the problem was not clear from the complaint. You can read about it in our case study. Past results do not guarantee a similar outcome.

Your checklist

  1. Report the fall on board and write down the name of the officer who took the report.
  2. Photograph the floor, lighting, signage, your shoes, and your injuries.
  3. Send a written request to preserve video, cleaning logs, and the incident report.
  4. Collect names and contact information for passengers and crew.
  5. Get your infirmary records and keep your onboard account statement.
  6. Save the ticket contract that applied to your sailing date.
  7. Calendar the notice and lawsuit deadlines in your ticket and call a lawyer well before them.

How we handle these cases

We start by reading your ticket contract and calendaring every deadline in it. Then we send a preservation letter to the cruise line for video, logs, and crew information, gather your medical records, and build the timeline before the cruise line builds its own. We handle cruise and maritime injury cases throughout Florida, including Miami-Dade, Broward, Palm Beach, Tampa, Orlando, and Jacksonville. Meetings are by appointment only. Call 305-748-3789.

This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.

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