What You Know About Cruise Ship Law? Here you know about it?
Know About Cruise Ship Law-
When it comes to sailing, a cruise ship’s rules and laws are important for you to understand. You should obtain as much information as possible before embarking on your journey. While the chances of getting hurt on board are very slim, knowing your legal rights will put you in a stronger position and ensure a worry-free trip. Before you set sail, read this article to learn more about the legal protections offered by the Jones Act and Jurisdiction.
Maritime law can be confusing, especially for cruise ships that sail in international waters. Even though most cruise ships fly a foreign flag, events onboard may be subject to the laws of the country in which they were registered. Cruises departing from U.S. ports may also be subject to U.S. federal law or the law of various international treaties. In addition, special maritime jurisdiction may apply under 18 U.S. Code Section 7, which is a federal statute that applies to crimes committed by or against U.S. citizens in foreign waters.
However, once a cruise ship sails outside of its twelve-mile limit, the laws of the country in which it was registered apply. That means that if a cruise ship was registered in Liberia, the Liberian maritime laws would apply. If the cruise ship docked in a port in the Bahamas, for example, crimes committed there would be prosecuted under Liberian law. Once the cruise ship arrives at another port, authorities are brought aboard to investigate the crimes and make arrests.
Duty of care
A breach of duty of care on a cruise ship occurs when a passenger suffers an injury or harm as a result of the cruise liner’s negligence. Cruise ship negligence often stems from an owner or operator’s failure to follow safety protocols. CDC scores cruise ships on their sanitation and cleanliness practices. Cruise lines are aware that illnesses can spread quickly on ships, and failing to follow safety standards and procedures can be viewed as negligence by law.
Although maritime law prohibits the owner of a ship from being held liable for negligence by a physician on board, courts have ruled that a ship’s owner has a duty to employ competent medical providers on board. This duty is further heightened by the fact that cruise ships advertise medical services for their passengers. However, courts have ruled repeatedly that the duty of care on cruise ships extends to medical care providers on board as well.
Duty of respect
The law of duty of respect on cruise ships imposes strict requirements on passengers. Shipping Act of 1984, 46 U.S.C. SS1702(6), cruise ships departing from U.S. ports are deemed common carriers. Therefore, cruise operators owe passengers a duty of care. These duties include protecting passengers from assault, rape, or criminal attack by crew members. Below is a discussion of the law of duty of respect on cruise ships and the specific legal obligations of cruise operators.
In addition to requiring passengers to report incidents to the authorities, COVID-19 prevention on cruise ships is a responsibility of the ship company. When the COVID-19 pandemic was detected, cruise ship companies were obliged to implement strengthened healthcare measures for passengers. Further, cruise ship operators are required to cooperate with the authorities of the port, flag state, and coastal state. When humanitarian crises occur, human rights protection must be a priority. In addition, human rights have gained greater prominence in contemporary international law. The UN Human Rights Charter outlines rights of seafarers.
Jones Act protection
When it comes to protecting the passengers on a cruise ship, the Jones Act is a huge benefit. The law is a century-old and has shaped the cruise industry. It holds the owners and operators of cruise ships responsible if they violate the law. This law requires cruise ships to adhere to certain regulations, including their itineraries and crew members’ conduct counts. The following are a few of the benefits that come with Jones Act protection for cruise ship owners.
While the Jones Act protects seamens, it doesn’t cover everyone on board a ship. A seaman is a person who is engaged in any capacity aboard a vessel. Its court-mandated definition determines whether that individual’s work contributes to the ship’s function, missions, or objectives. Even if the cruise ship owner is not a US citizen, its employees are covered by the law.
Limitations on liability
Limitations on liability under cruise ship law require that passengers demonstrate the negligence of the crew before a court can find the operator liable. This can be done by providing documentary evidence that the crew was at fault for the passenger’s injuries. The plaintiff also must prove that the cruise ship operator should have known about the risk of injury before it occurred. These requirements can be difficult to meet, but with the proper documentation, they are doable.
The cruise contract may also contain a clause that specifies the state in which a lawsuit may be filed. While many major cruise lines have headquarters in Florida, the ships themselves are registered in other countries, and these clauses have been upheld by courts as reasonable. Additionally, cruise contracts generally require injured passengers to file a lawsuit within a certain period of time. While maritime law permits a three-year statute of limitations for personal injury claims, venue clauses can shorten that window to just 12 months or a few days for non-physical injuries.