Cruise Ship Accident Injuries and Your Right to Compensation

Published 27 Dec 2017

With new cruise terminals having been built or planned up and down the east coast, including Sydney, Brisbane, Gold Coast and Townsville, and new routes and growth in cruise ships docking in many major centres everywhere, from Cairns to Tasmania, it is plain to see that Australians have embraced cruising and that it is a significant growth industry that is here to stay for the foreseeable future.

But what happens when the relaxing break you planned is interrupted by accident, injury or mishap. Just as in any other setting, accident or injury can occur to spoil your cruise holiday, whether on the high seas on a slippery dining room floor, or when you trip and fall on a carelessly left ship’s line as you disembark to a day onshore in port.

The good news is that Cruise Ship operators, and companies providing holiday services generally, are bound by a comprehensive set of laws that typically ensure just and fair compensation is paid not only to compensate those injured by the negligence of others, but also to compensate holiday makers for the distress and disappointment associated with having the opportunity for a relaxing break spoiled or not living up to expectation.

The bases upon which claims may be made include claims in negligence, breach of contract, and claims under the Australia Consumer Law for breach of the statutory guarantees (including that services will be provided with due care and skill and fit for their intended purpose). These are all areas of law in which Gerard Malouf and Partners Compensation Lawyers specialise in.

Ships are new and often foreign environments for passengers, where consideration given to making a ship seaworthy and watertight often mean that the layout, fittings and structure of the vessel are not as easy or safe to navigate as they would be in a hotel, restaurant or recreational area built on land. Cruise ship operators are aware that most of their passengers will have little experience of travelling on ships, and must therefore take reasonable care to ensure that passengers are safe and can enjoy the holiday promised to them.

Obtaining compensation following an accident or injury on a cruise ship or holiday generally involves complex areas of law, and the interplay of the commonwealth Australian Consumer Law and state legislation. You or a loved one may be going through a traumatic experience for the first time after being injured and having your holiday plans ruined, suffering further losses through time off work even after returning from a break, and paying for unplanned medical treatment. If you are, you will have realised early on that you are unlikely to be able to obtain full and just compensation without expert assistance.

At Gerard Malouf and Partners Compensation Lawyers we have assisted thousands of injured people in your position, from Cairns to Brisbane, Wollongong to Eden and everywhere in between. So feel free to contact Gerard Malouf and Partners Compensation Lawyers for a no obligation discussion of your circumstances by calling 1800 004 878 or complete our email enquiry form on the website.