Written by: Garbis Kolokossian Cruise operators owe passengers a duty of care, regardless of where the company is based. This includes cruises departing from or arriving in Australia, across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Northern Territory, and the Australian Capital Territory.
While cruises are designed to be relaxing, accidents can happen. If you’ve been injured on a cruise ship, you may be entitled to compensation for losses such as medical expenses, lost income, and the impact on your quality of life.
In this April 2026 guide, we explain when you may be able to make a claim, which laws may apply, what compensation can include, and the steps to take after an incident.
Can you make a cruise ship injury claim?
Yes, in most cases, you can make a cruise ship injury claim. If you were injured on a cruise ship and another party was at fault, you may be entitled to make a claim for compensation.
To bring a successful claim, you generally need to show that:
- A duty of care existed
- That duty was not met
- The injury was caused by that failure
- The injury resulted in losses, such as medical expenses, lost income, or pain and suffering.
In Australia, cruise ship claims can be made under negligence, consumer law, or the terms of your booking contract. Often, more than one of these will apply depending on the circumstances. This generally applies regardless of where the cruise line is headquartered, as a combination of Australian consumer law, maritime law, and the terms of your ticket contract often determines liability.
In Moore v Scenic Tours Pty Ltd [2020] HCA 17, the High Court confirmed that passengers can seek compensation for disappointment, distress, and loss of enjoyment where a cruise line fails to deliver the standard of service promised.
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What types of injuries and accidents can you claim for?
Cruise ship injury claims can cover a range of accidents and incidents, and the injury does not need to occur on the ship itself. Accidents during shore excursions or at port facilities may also be covered depending on the circumstances.
Common types of cruise ship accidents include:
- Slips and falls on wet or uneven deck surfaces, in dining areas, or in cabins
- Falling objects, including unsecured equipment or overhead items
- Food poisoning and illness outbreaks, such as norovirus
- Injuries during shore excursions, including bus accidents and activity-related incidents
- Pool and recreational equipment injuries
- Medical negligence by the ship’s medical staff
- Assault or injuries resulting from inadequate onboard security.
Shore excursions and third-party contractors
Where a shore excursion is booked through the cruise line, the cruise line may still owe passengers a duty of care, even if the excursion was delivered by a third-party contractor. Whether the cruise line is responsible will depend on the specific circumstances, including how the excursion was sold and what role the cruise line played in its delivery.
Who is liable when you're injured on a cruise ship?
When you are injured on a cruise ship, the cruise line is the most likely party to be held responsible. Cruise lines owe passengers a duty of care and are expected to take reasonable steps to ensure the ship and its services are safe.
However, liability is not always limited to the cruise line. Depending on how and where the injury occurred, more than one party may be responsible.
This can include:
- The cruise line, as the operator of the vessel
- A shore excursion contractor, where the injury occurred during an excursion
- A third-party service provider operating onboard, such as a spa, salon, or medical centre
- The ship’s medical staff where negligent treatment caused or worsened an injury.
Key takeaway
Liability for a cruise ship injury is not always limited to the cruise line, depending on how and where the injury occurred. Identifying all parties who may owe a duty of care is an important part of building a claim.
Which laws apply to your cruise ship injury claim?
The laws that apply to a cruise ship injury claim depend on where the accident occurred, where the cruise was purchased, and the terms of your booking contract. In many cases, more than one law applies at the same time.
| Legal basis | When it applies |
|---|---|
| Negligence | Where the cruise line or another party failed to take reasonable care and that failure caused your injury |
| Australian Consumer Law (ACL) | Where the cruise was purchased in Australia, including international voyages |
| Contract law | Where the cruise line failed to meet its obligations under the terms and conditions of your booking |
| Athens Convention | An international convention that sets out the liability of carriers for passenger injuries at sea |
| State civil liability legislation | Governs how negligence claims are assessed, including caps on certain types of injuries |
If you purchased your cruise in Australia, you may have rights under the ACL even if the accident occurred on an international voyage. Many cruise lines also specify in their booking terms that claims are assessed under the laws of a particular state, most commonly New South Wales.
Legal insight
In Royal Caribbean Cruises Ltd v Browitt [2021] FCA 653, the Federal Court found that jurisdiction clauses in cruise contracts are not always enforceable, and that you can often still bring your claim in Australian courts.
What compensation can you claim for a cruise ship injury?
Cruise ship injury compensation covers the financial and personal losses caused by your injury.
Depending on the circumstances of your accident and the impact on your life, a claim may include:
- Past and future medical expenses, including treatment received onboard
- Lost income during recovery and any ongoing impact on your ability to work
- Pain and suffering
- Rehabilitation costs
- Loss of enjoyment, including the impact on your holiday experience.
Onboard medical expenses
Medicare does not cover medical treatment received on board a cruise ship, even where the cruise is sailing in Australian waters. The cost of onboard treatment is often paid out of pocket, and may include consultation fees, diagnostic tests, medication, and any follow-up care required before returning to Australia. Where another party was at fault for your injury, these costs can be included in your compensation claim.
For example, a passenger who slips on a wet deck, requires onboard treatment, and is then referred to a specialist on return to Australia, may be able to claim the full cost of that treatment as part of their compensation, in addition to any income lost during recovery.
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What are the time limits for making a cruise ship injury claim?
Time limits for cruise ship injury claims can be shorter than many passengers expect. In some cases, the applicable deadlines may also depend on where your ticket was purchased, the terms of your booking contract, and the laws that apply to your claim.
Two important deadlines may apply:
- Written complaint to the cruise line. Many cruise lines require passengers to submit a formal written complaint within a matter of weeks of the incident. This is set out in your booking terms and conditions.
- Limitation period. For claims made in Australia under the ACL, the general time limit is three years from the date of the incident. However, the time limit that applies to your claim will depend on which laws apply and where the claim is made.
Key takeaway
The written complaint deadline in your booking contract can be as short as a few weeks after the incident. Seeking legal advice as soon as possible after a cruise ship accident can help make sure these deadlines are met.
What should you do immediately after a cruise ship injury?
The steps you take after a cruise ship accident can affect both your recovery and your ability to make a compensation claim. Acting quickly helps preserve evidence that may later be needed to support your claim.
If you are injured on a cruise ship, step-by-step, here is what to do:
- Seek medical treatment on board as soon as possible. A medical assessment creates a record of the injury and when it occurred. Keep in mind that the ship’s medical centre is staffed by general physicians. If specialist care is needed, this can be arranged on return to Australia and should be documented.
- Complete the medical intake form accurately and in detail. Describe exactly what happened, where, and what you observed.
- Make a formal incident report with the ship and keep a copy. Ask for written confirmation that the report has been lodged.
- Photograph the hazard or accident scene as soon as possible. If you are unable to return to the scene, note the exact location in writing while the details are fresh.
- Request that any onboard CCTV footage of the incident be preserved
- Collect the names and contact details of any witnesses
- Keep records of all medical treatment, expenses, and time away from work, including any treatment received onboard and after returning to Australia.
- Seek legal advice. A public liability lawyer can help you understand whether you may be entitled to compensation.
