If you were hurt on a cruise that sailed from PortMiami, your first instinct may be to call the cruise line and open a claim. That reaction is understandable, but it can sometimes put your rights at risk. What you say or sign early on can later be used to limit your claim.
At the Law Office of Leonard J. Valdes, we help passengers and families in Miami and throughout South Florida after shipboard and shore excursion injuries. We know how confusing the process can be, especially when you are up against a large cruise line and its legal team.
This guide explains how cruise injury claims differ from typical Florida accidents, why your ticket contract matters, what to do (and not do) in the first 72 hours, and when it may be the right time to contact a PortMiami cruise injury lawyer.
Why Cruise Injury Claims Are Different
Cruise injury claims are not handled the same way as typical Florida accident claims. Your passenger ticket is also a contract with strict deadlines and conditions. Many tickets require notice of injury within six months and lawsuits to be filed within one year, often in the U.S. District Court for the Southern District of Florida in Miami. Missing these deadlines can end your claim before it begins.
Depending on where and how you were hurt (on deck, in your cabin, during embarkation, or on a shore excursion), maritime law may apply. Different legal standards and defenses can come into play, so identifying which law governs your case is critical.
Cruise lines can set deadlines and choose the court, but they cannot avoid liability for their own negligence or block you from filing in a competent court. If your ticket includes a blanket waiver of fault, that provision may be unenforceable.
What to Do in the First 72 Hours
- Put your health first. Seek care immediately at the ship’s medical center and again once you return to Miami or home. Request copies of all treatment records and test results.
- Document the hazard and your injuries. Take photos or video of the scene (wet deck, broken handrail, poor lighting, etc.) and your injuries. Note the date, time, location, and names of witnesses.
- Save your paperwork. Keep your ticket, incident forms, medical records, receipts, and any emails or messages with the cruise line or excursion operator.
- Be careful with forms and statements. Report the incident, but do not sign broad releases or give detailed recorded statements before getting legal advice.
- Contact a lawyer early. An attorney familiar with PortMiami cruise cases can secure evidence and make sure your case is on the right track.
Should I Call the Cruise Line First?
It’s natural to want a quick resolution, but claims representatives work for the cruise line. Early calls can lead to:
- Recorded statements that don’t tell the full story.
- Broad medical authorizations giving the cruise line access to unrelated history.
- Settlement offers before you understand the full extent of your injuries.
Calling a lawyer first doesn’t make you adversarial; it ensures key steps, such as the contents and timing of your written notice, are handled correctly and on time. Federal law allows cruise lines to require notice within at least six months and filing within at least one year, so every day counts.
Understanding Your Ticket: Deadlines and Where to File
Most cruise contracts require written notice and set a deadline, often one year from the injury date, to file suit. They usually specify where the lawsuit must be filed, commonly in Miami. Courts generally enforce these clauses if they’re fair and clearly communicated.
Relevant Statutes and Cases
- 46 U.S.C. § 30526: Time limits for notice and suit
- 46 U.S.C. § 30527: No waivers for negligence/right to a competent court
- Carnival Cruise Lines, Inc. v. Shute: Forum-selection clauses
Courts may excuse strict notice requirements if the cruise line already knew about the injury and was not prejudiced, if there was a valid reason for the delay, or if the company did not object.
Common Situations and Defense Tactics
Situations We Often See
- Slip or trip on board: Was there a hazard the cruise line should have fixed or warned about? Evidence may include inspection logs, lighting conditions, and prior complaints.
- Falls on stairs or in crowded venues: Factors include tread and handrail design, crowd control, and whether warnings were visible.
- Shore excursion injuries: Even if a third-party vendor ran the excursion, the cruise line’s marketing, ticketing, or oversight may be relevant.
- Medical issues at sea: Request shipboard medical records before leaving the ship and follow up with a doctor on land.
Common Defenses
- Open and obvious hazard: The cruise line may argue you should have avoided the danger. Photos and witness statements can counter this.
- Comparative fault: The defendant may claim you were distracted or wearing unsafe footwear. Under maritime law, partial fault does not automatically bar your claim.
- Shifting blame: The cruise line may point to excursion operators or others.
- Minimizing injuries: Consistent medical records can counter claims that your injuries were minor or preexisting.
Evidence That Strengthens a Cruise Injury Claim
- Photos or videos of the hazard from multiple angles.
- Names and contact information for witnesses.
- Shipboard incident reports and medical records.
- Your itinerary and daily schedule for reference.
- Shoes or clothing preserved in a clean, dry bag.
- Receipts for out-of-pocket costs such as medical care or transportation.
Gathering this evidence early helps protect your claim.
When to Contact a PortMiami Cruise Injury Lawyer
The short answer: as soon as possible. Early legal guidance helps you:
- Determine which law applies (maritime law, Florida premises liability, or both).
- Meet strict notice and filing deadlines.
- Preserve surveillance footage and maintenance records.
- Identify the correct court (often the Southern District of Florida in Miami) and all responsible parties.
- Avoid mistakes with forms, authorizations, or statements.
Taking Action After a Cruise Ship Injury in South Florida
A cruise injury can turn what should have been a relaxing trip into months of stress and uncertainty. You do not have to face the cruise line and its insurers alone.
If you or a loved one was injured on a cruise that departed from PortMiami, call the Law Office of Leonard J. Valdes today or contact us online to schedule a free consultation. We serve clients in Miami, Hialeah, Homestead, Coral Gables, Miami Gardens, Miami Lakes, South Miami, and throughout South Florida. Speaking with a PortMiami cruise injury lawyer early can help preserve evidence and ensure that deadlines are met.
Disclaimer: This article is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Maritime and cruise injury deadlines are short and fact‑specific. You should consult an attorney about your situation as soon as possible.