Passengers depend on cruise ship crew members for access to their cabins, meals, transportation, medical assistance, and security. When a crew member uses that position to assault a passenger, the passenger may have a civil claim against the cruise line.
Gilman & Allison, LLP represents people injured in maritime incidents nationwide. We investigate sexual assaults, physical attacks, and other misconduct by cruise ship crew members, including incidents on cruises departing from U.S. ports. Our attorneys can help you assess your rights, preserve evidence, and determine the deadlines and court that apply to your case.
If you are in immediate danger aboard a ship, move to a safe location and contact ship security or the ship’s emergency number. Request medical care if you need it.
Can You Sue a Cruise Line for an Assault by a Crew Member?
Potentially. A cruise line’s responsibility depends on the facts, the identity and role of the person involved, where the assault occurred, and the law governing the claim.
Claims may involve a crew member’s assault on a passenger, failures in hiring or supervision, ignored complaints, inadequate security, or the cruise line’s response after an assault is reported. In a decision involving a crew member’s sexual assault of a passenger, the U.S. Court of Appeals for the Eleventh Circuit held that a cruise carrier could be held strictly liable for certain crew member assaults during the cruise. The reach of that ruling in any particular case requires a careful review of the facts and governing law.
An attorney should investigate both the assault and what the cruise line knew and did. That includes whether there were earlier complaints, whether security responded promptly, and whether relevant records and video were preserved.
Where Can These Assaults Happen?
An assault may occur in a passenger cabin, hallway, stairwell, elevator, bar, dining area, pool area, crew-access area, or during an activity connected to the voyage. Some incidents happen while a ship is docked or during an interaction away from the ship.
Location can affect the legal analysis. It should be documented accurately, along with the ship’s name, date, itinerary, and the crew member’s name or description if known.
Our firm evaluates claims involving voyages from cruise ports across the United States, including Galveston, Miami, Port Canaveral, Fort Lauderdale, Tampa, New Orleans, New York, Baltimore, Seattle, Los Angeles, and San Francisco. The port of departure does not, by itself, determine where a lawsuit must be filed.
What Should You Do After an Assault Aboard a Cruise Ship?
Your safety and medical needs come first. If you choose to report the assault aboard the ship, ask for a written record of the report and note whom you spoke with. You can also ask how to contact law enforcement. U.S. law imposes crime-reporting and victim-assistance requirements on covered cruise vessels.
Preserve what you can without putting yourself at risk:
- Your passenger ticket, booking records, ship card, itinerary, and cabin information
- Messages, photographs, and the names of potential witnesses
- The date, time, and location of the incident
- The crew member’s name, position, uniform, or description
- Names of security or medical personnel who responded
- Medical records and copies of any reports you receive
You do not need to have every piece of evidence before contacting an attorney. A lawyer can seek preservation of surveillance video, electronic access records, security logs, personnel records, and incident reports. A shipboard report should not be assumed to satisfy a separate written claim notice requirement in a passenger ticket.
Are There Deadlines for a Cruise Ship Assault Claim?
There may be. Passenger tickets for seagoing cruises can contain a requirement to give written notice of an injury claim and a shortened deadline to file a lawsuit. Federal law generally prohibits covered carriers from setting those periods below six months for notice and one year for suit, but the actual ticket and the nature of the claim must be reviewed. Tickets may also identify a particular court for litigation.
If the assault was recent, seek legal advice promptly so evidence can be preserved. If significant time has passed, have the ticket and circumstances reviewed before assuming a claim is too late.
What Damages May Be Available?
A civil claim may seek compensation for supported losses such as medical and counseling expenses, lost income, physical injuries, and emotional harm. The available claims and damages depend on the evidence and applicable law. Reporting an incident to law enforcement and pursuing a civil claim are distinct processes.
Talk With a Maritime Attorney About Your Cruise
Gilman & Allison, LLP handles maritime injury matters nationwide. We can review the passenger ticket, identify potentially responsible parties, investigate the cruise line’s records and response, and explain the options available to you.
If a cruise ship crew member assaulted you or someone in your family, contact Gilman & Allison, LLP for a confidential consultation.
Frequently Asked Questions
Can I bring a claim if the crew member was off duty?
Possibly. Being off duty does not automatically answer whether the cruise line may be liable. The location, the crew member’s conduct, the connection to the voyage, and governing law all matter.
What if the assault happened while the ship was in port?
A claim may still be possible. An attorney should examine where it happened, whether the passenger and crew member were acting in connection with the cruise, and which law applies.
Do I have to know the crew member’s full name?
No. The ship, sailing dates, time, location, description, and any available records may help identify the person involved.
Can I speak with a lawyer before speaking with the cruise line’s claims department?
Yes. An attorney can help you understand the ticket terms and the implications of any requested statement, release, or settlement.