When you're walking down a street and are unlucky to suffer an accident through no fault of your own, you may have a reasonable idea of where to turn. You know that you can seek compensation should a third party be liable and that they may turn to their public liability insurance in order to settle. However, what happens if you're involved in an accident when you are on the high seas? If you're enjoying a cruise and are sailing from Australian shores, what's the procedure, and who has jurisdiction in this area?
Flag State Law
The law can get a little complicated in this area. However, broadly, if you are injured in an accident on a cruise ship while in international waters, much may depend on the ship's "flag state." This is where the cruise ship is registered and as you may know, many of these parent companies choose to register their ships in countries like the Bahamas or Panama. It's easy to find this information simply by looking at the stern of the ship, where the flag state is typically identified.
If you happen to be injured while the ship is in port, then the laws of the country you are docked in will apply when it comes to negligence. So, in this case, Australian laws would be in place if you had not departed your home port.
Contract Law
Next, you need to look at the small print that you agreed to accept when you entered into a contract with the cruise operator. This may cover what should happen in the event of an injury and what you should do if you feel that the cruise company has in some way "breached" its contractual obligations. If the contract says that the terms are governed by the laws of Victoria (for example), then you may be able to bring a claim in Victoria instead.
Federal Legislation
To make the matter even more complex, you may even be able to make a claim under federal legislation. This would be linked to certain consumer guarantees that cruise lines are obligated to give to you.
Asking the Experts
As you can see, there is no straightforward answer if you're unfortunate enough to be injured while on a cruise ship. This is why you should always engage the services of an experienced personal accident lawyer who will get to the bottom of the matter for you. For more information, contact a lawyer near you.
If you have been injured while at work, you may be thinking about making a personal injury claim. On this blog, we aim to provide you with all of the info you need to make a successful claim. We would like to issue a disclaimer that we are not legal professionals. However, we are all very passionate about this subject and we hope that our passion shines through in the articles we have published here. Read on to find out about the process of making a claim and the ways in which an attorney can help you. Thanks for taking the time to check us out.