Carnival Cruise Lines Fails Again—Can Passengers Sue?

Triumph. Elation. Dream. Legend. These are just the most recent Carnival Cruise Ships to have experienced technical difficulties on board, difficulties that created major setbacks for passengers, difficulties that have many in doubt whether Carnival is a reliable cruise line. However, the question many people are discussing is, "Can I sue over a bad cruise?"

If by "bad cruise" you mean a cruise in which there are technical difficulties that cause the cruise to be cancelled, or shortened, or even make the experience unpleasant, the answer is probably no. Your cruise ticket is a contract you have agreed to with the cruise line, and it contains a clause which prohibits any class action suits or lawsuits for anything outside of personal injury.

Even though Carnival Triumph trip stretched out in length, inconveniencing people who had jobs and lives to return to, even though food was scarce, and passengers baked with no air conditioning, and even though toilets were overflowing, since no one was injured, Carnival will most likely avoid paying major damages.

Personal Injury Only Exception

Situations in which a cruise ship can be sued are ones that involve personal injury in which the cause of the injury was negligence on the part of the cruise line or its crew. However, even in cases of injury the passenger has to act fast. Your ticket contains the deadline in which a lawsuit can be filed against the cruise line, and this deadline is enforceable where it gives the passenger only one year to bring his/her suit. There are exceptions though such as in the case of a minor. For example, in Florida, the statute of limitations to file a lawsuit after an injury caused by negligence is four years. However, if your cruise ticket says you must file suit within one year — you must follow the cruise line's deadline.

Notice Requirements

The cruise contract may also include a notice requirement, which means that you, or your lawyer, must notify the cruise line that you intend to file a lawsuit against them. This must happen before you file the lawsuit, and must be filed promptly — sometimes within one month. There are exceptions to this requirement also such as in cases where the cruise ship company actually investigated the situation and had actual notice of the person's injury. To be safe though, the passenger or his/her lawyer should always make sure to comply with the notice requirement.