Cruise Ship Accident Claims

For many people, going on a cruise is a fun and exciting way to spend a holiday with their friends or family. Whether you choose the Caribbean, the Mediterranean or the Far East, you are entitled to expect a safe and relaxing journey you will never forget.

Unfortunately, this is not always the case, and things can sometimes go wrong and ruin your holiday. Some accidents on cruises can even have long-term consequences or, in the most severe cases, be fatal.

If you or a loved one have been affected by an injury or illness caused by the negligence of a cruise line, you may be entitled to compensation under the Athens Convention. This guide explains how to start a claim, the evidence you may need to support it and how much compensation you could receive.

The first step is to talk to a personal injury solicitor, who will assess your case and offer you a no win no fee agreement if you have grounds to pursue a cruise ship accident claim.

For a free consultation, call 0800 470 0474 today or enter your details into our online claim form to request a call back.

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Table of Contents

• What is the Athens Convention?
• Am I eligible to make a cruise ship accident claim?
• Common types of cruise ship accident claims
• Examples of negligence on a cruise ship that could lead to a compensation claim
• What injuries are common on cruise ships?
• Can I claim compensation for cruise ship food poisoning?
• Can I make a claim as a cruise ship employee?
• What steps should I take if I am injured on a cruise ship?
• What evidence do I need to support a cruise ship injury claim?
• Can I make a cruise ship compensation claim on behalf of a loved one?
• What is the time limit to start a cruise ship claim?
• How much compensation can I claim for an injury or illness on a cruise?
• How long will my case take to settle?
• Will I have to go to court to make a cruise ship accident or illness claim?
• Will a personal injury solicitor provide a No Win No Fee service?

What is the Athens Convention?

As cruise liners pass over international waters, many nations have agreed to sign a treaty that establishes a framework for the liability of carriers in the event of accidents and injuries to passengers. This was signed in 1974 and updated in 2002, and it is known as the Athens Convention. Key aspects of this convention include the following:

• Cruise ship companies must hold appropriate insurance to provide compensation for any personal injuries to passengers;
• Cruise ship operators are liable for any accident that occurs on board the ship or while embarking or disembarking if it was due to their fault or neglect, as well as for loss or damage of luggage;
• It gives the injured party the opportunity to choose where to start their claim, which includes their country of residence, the country where the company is based, where they departed from or where they have arrived;
• It sets the timeframe to pursue a claim for an accident, which is two years after disembarking the ship;
• Cruise companies can avoid liability if they can prove that the damage was caused by the negligence of the passenger or an act of a third party for which they are not responsible.

The Athens Convention does not apply to domestic cruises. For it to apply, the following criteria must be met:

• The departure port and the destination are not the same;
• The departure port and the destination are the same, but there is also a port of call in another country.

Am I eligible to make a cruise ship accident claim?

To find out if you can make a claim for an accident on a cruise ship, all you have to do is call 0800 470 0474 for a free consultation with a legal adviser. They will ask you some questions to determine whether you fulfil the necessary requirements, which are:

• The cruise ship owner or operator breached their duty of care towards you through fault or neglect;
• As a result, you suffered an injury or were made ill on a cruise ship;
• This incident happened in the last two years and has caused you pain, suffering and financial losses.

If all these apply to your case, your solicitor will take on your claim and help you secure compensation on a no win no fee basis. They will handle all communication with the defendant and send them a claim notification form to let them know that you intend to start an accident compensation claim.

If the defendant admits that they have caused you harm through fault or negligence, you can begin to negotiate your settlement. Otherwise, your personal injury lawyer will be ready to issue court proceedings and argue your case before a judge.

Common types of cruise ship accident claims

While cruise ships are typically safe and relaxing, accidents can happen if cruise line companies fail in their duty of care towards passengers. Some of the most common situations that may lead to cruise ship accident claims include:

• Slips, trips and falls caused by slipping on wet decks, uneven surfaces, loose flooring or poorly maintained walkways;
• Swimming pool and water slide accidents caused by inadequate safety measures or improper supervision;
• Injuries from defective or poorly maintained furniture and equipment, such as collapsing beds, malfunctioning elevators or sharp edges on dining chairs;
• Injuries from fires onboard cruise ships due to a lack of safety protocols, electrical hazards or malfunctioning equipment;
• Mechanical failures such as power outages, failing engines or ships that list and lean violently;
• Cruise ship food poisoning caused by contaminated food or poor hygiene practices can lead to a cruise ship illness claim;
• Criminal acts, such as physical or sexual assaults by other passengers or crew members;
• Falling overboard due to inadequate safety barriers or intoxication;
• Incidents and injuries during activities offered onboard, such as rock climbing or water activities, or excursions arranged by the cruise ship company;
• Injuries suffered while boarding or getting off the ship;
• Allergic reactions and exposure to infectious germs on board the vessel;
• Inadequate treatment, misdiagnosis or other types of medical negligence offered by the medical staff onboard;
• Collisions with other ships or objects in ports or at sea;
• Fatal accidents on cruise ships can result from falls, falling overboard, medical emergencies, collisions, and other incidents.

This list is not exhaustive, and you may be entitled to claim compensation for many other accidents. To discuss your case and find out its merits, call 0800 470 0474 today or enter your details here for a free consultation.

Examples of negligence on a cruise ship that could lead to a compensation claim

Depending on the cause of your cruise ship accident, various parties may be liable for compensation. These include the cruise ship owner, the tour operator who arranged your holiday, a manufacturer, or the cruise ship operator.

Your injuries could have resulted from various types of negligence on their part, such as:

• Failing to install or maintain sufficient safety barriers;
• Failure to inform passengers of known hazards, such as wet surfaces or missing handrails;
• Not providing lifeguards at swimming pools;
• Failing to have adequately trained medical staff on board;
• Not providing adequate training and instructions to employees;
• Failure to carry out regular inspections and maintenance of facilities;
• Not conducting proper risk assessments to identify risks of accidents and injuries;
• Neglecting the maintenance of the ship’s engines and other critical systems;
• Failing to implement sufficient security measures to prevent criminal acts;
• Failure to maintain hygiene standards, leading to the spread of infections;
• Serving food that is improperly stored, prepared, or cooked.

These and other types of negligence can lead to injuries or illnesses on a cruise ship and a subsequent claim for compensation.

What injuries are common on cruise ships?

You can suffer a wide range of injuries in a cruise ship accident, depending on its nature and severity. These include:

• Cuts and lacerations can occur due to falls, sharp objects or blunt trauma and can lead to pain, bleeding and a risk of infection;
• Sprains and strains are damage to muscles, tendons or ligaments that ranges from overstretching to complete tears and can cause pain, swelling and limited mobility;
• Fractures and dislocations are typically due to falls or collisions and can cause severe pain, deformity and inability to move the affected area for a long time;
• Head injuries can range from mild concussions to traumatic brain injuries and can cause dizziness, confusion, headaches and loss of consciousness;
• Back injuries can vary from sprains and strains to spinal cord damage, causing back pain, weakness, numbness, and, in severe cases, paralysis;
• Burns and scalds can result from hot food or drinks, fires or electrical incidents and can cause pain, redness, blistering, nerve damage and permanent scarring;
• Food poisoning from contaminated food on the ship can lead to symptoms like vomiting, diarrhoea, stomach cramps, and dehydration;
• Allergic reactions to food or other allergens can cause symptoms ranging from mild rashes to severe anaphylaxis that needs immediate medical attention;
• Respiratory issues can arise from inhaling smoke during a fire, from near-drowning accidents or harmful substances and can cause difficult breathing and potential lung damage;
• Crush injuries can be due to heavy objects falling on you or from being caught between automatic doors and can cause internal injuries and severe pain;
• Electrocution can result from faulty wiring or electrical equipment, causing burns, cardiac arrest, and muscle spasms.

You can also seek compensation for any psychological issues resulting from a traumatic incident, such as anxiety, depression or post-traumatic stress disorder (PTSD).

Can I claim compensation for cruise ship food poisoning?

Yes. You are entitled to start a cruise ship illness claim if you suffer from food poisoning after eating in a restaurant on board. Many cases of cruise ship food poisoning are due to negligence, such as:

• The food is not being cooked thoroughly;
• Using the same cutting boards, knives, or other utensils for raw and cooked foods;
• Serving food that is past its expiration date;
• Storing the food at incorrect temperatures, which allows bacteria to multiply;
• The staff not washing their hands properly before handling food;
• Drinking water that is contaminated with bacteria, viruses or parasites;
• Poor sanitation of the cooking area, utensils and equipment;
• Employees who are ill or infected with a contagious disease;
• Inadequate washing of ingredients before preparation;
• Mixing raw meat with cooked meat or vegetables;
• Food that has been left standing for too long or has not been kept at a constant temperature;
• Serving ice made from contaminated tap water.

These and other unsafe practices can cause passengers to be made sick by germs such as:

• E. coli found in undercooked beef, unpasteurised milk and raw vegetables;
• Norovirus, found in raw or undercooked shellfish and contaminated water;
• Legionnaire’s, which can be inhaled from water droplets in hot tubs, pools, showers and air conditioning;
• Salmonella, found in raw poultry, eggs, beef, and sometimes unwashed fruits and vegetables
• Campylobacter, commonly found in raw or undercooked poultry and contaminated water
• Cryptosporidium, found in contaminated water and raw foods and vegetables washed with contaminated water;
• Staphylococcus aureus is found in meat, poultry and egg products.

These pathogens can cause a variety of symptoms, ranging from minor to severe. These include nausea, vomiting, abdominal pain, fever, bloody diarrhoea and neurological symptoms. In severe cases, food poisoning can lead to life-threatening conditions and cause long-term complications.

Can I make a claim as a cruise ship employee?

If you work on a cruise ship, your employer has a legal duty towards you to keep you safe from accidents and injuries. They must follow the relevant health and safety guidelines and take all reasonable measures to protect you from harm. These include:

• Carry out regular risk assessments to identify potential hazards and take measures to mitigate them;
• Conduct regular cleaning and maintenance of all areas of the ship to keep a hazard-free working environment;
• Keep all equipment and machinery regularly inspected, maintained and safe for use;
• Provide adequate personal protective equipment (PPE), such as life jackets, masks and gloves and ensure they are readily available and in good working order;
• Offer comprehensive training and instructions to employees, including on the use of PPE and the operation of machinery;
• Conduct emergency drills, such as fire and evacuation drills, to ensure employees know how to respond in case of serious incidents;
• Have a system in place for reporting hazards, near misses and accidents;
• Install safety barriers, guards and other protective measures to prevent accidents and injuries.

These are part of the duties your employer has towards you to protect your health and safety at work. If they have neglected their responsibilities and you suffered an injury, you are entitled to make an accident at work claim, and you cannot be sacked or disciplined for it. If you lose your job or your employer retaliates in any other way, you would likely have grounds to bring a further claim at an employment tribunal.

What steps should I take if I am injured on a cruise ship?

If you have been injured on a cruise ship and you want to make a compensation claim, you should take the following steps:

• Seek immediate medical attention, even if your injuries seem minor;
• Report the accident to the crew or the security personnel;
• Gather evidence such as photographs and videos of the accident scene and witness details;
• Seek legal advice by calling free on 0800 470 0474 or requesting a call back;
• If you have a valid case, appoint your solicitor and share with them all the details of your accident and any supporting evidence you have;
• Have your injuries or illness, as well as your future care needs, assessed by an independent specialist (your solicitor will arrange a free medical exam on your behalf);
• Send a letter of claim to the defendant, outlining the details of your case and the compensation award you seek from them;
• Engage in negotiations with the other side to reach a settlement that is acceptable to everyone;
• If negotiations fail, go to court to argue your case before a judge based on the available evidence.

Your lawyer will handle all communication and negotiations with the defendant on your behalf so you can focus on your recovery.

What evidence do I need to support a cruise ship injury claim?

If you want to make a cruise ship accident or illness claim, you will need various types of evidence to show how the events occurred, the injuries you suffered as a result and how they have affected your life. These could include:

• Photographs of the accident scene – you should take these as soon as possible before any hazards are repaired or removed;
• Pictures of any visible injuries – these will provide a clear view of the type and extent of harm you suffered;
• Medical evidence – you should seek medical treatment as soon as possible, preferably on board the ship. A copy of the doctor’s notes and any further diagnostic tests and treatments you receive will help prove the severity of your injury and your prognosis;
• Accident reports – the first thing you should do is report the accident to the staff on the ship. Then, you can ask for a signed copy of the report to prove the circumstances of your accident, such as its date, time and location;
• Witness statements – if anyone else saw what happened to you, ask for their names and contact details. If the ship’s operator denies liability for your injuries, the witnesses to your accident could help corroborate your claim;
• CCTV footage – if the area where you were injured had security cameras, you are entitled to ask for a copy of the footage. This will show exactly how the events occurred and who might be responsible for your accident;
• Your testimony – keep a diary about your recovery process, the pain and suffering you endured, and any workdays or social activities you had to miss as a result of your accident;
• Financial documents – you should document all the losses and expenses you want to include in your cruise ship claim, such as hospital bills, prescriptions and travel expenses to medical appointments.

Can I make a cruise ship compensation claim on behalf of a loved one?

If someone you love has suffered from a cruise ship accident or illness, you may be able to claim compensation on their behalf. You can represent them if they are a child under 18 or an adult who suffers from any of the conditions below and is considered a protected party under the Mental Capacity Act 2005:

• An intellectual disability such as Down syndrome
• A mental health condition like schizophrenia
• A neurodegenerative disorder such as Alzheimer’s disease
• Post-traumatic stress disorder or other stress-related conditions
• A severe brain injury or stroke

To make a cruise ship illness claim for a loved one, you must apply to the court to be appointed as their litigation friend and prove that:

• You can make fair and competent decisions about the claim
• You have no conflict of interest with your loved one

Once you are approved to represent the injured party as their litigation friend, you will have several responsibilities, which include:

• Act in the best interest of your loved one
• Liaise with solicitors and take legal advice
• Pay any fees requested by the court
• Make decisions about the case and any compensation offers from the defendant
• Approve and sign legal documents

If you secure compensation for a cruise ship accident on behalf of a child or protected party, you must attend an approval hearing in court. A judge will look at the available evidence and decide whether the settlement awarded is fair and covers all the claimant’s needs.

Once approved, your lawyer can help you deposit the awarded funds in a personal injury trust, which ensures they are not considered when assessing their entitlement to any means-tested benefits.

What is the time limit to start a cruise ship claim?

Unlike most personal injury claims, claims for accidents on board a cruise ship are not typically bound by the Limitation Act 1980. Under the Athens Convention, the time limit to start a cruise ship claim is two years. According to Article 16.2, this starts to run:

• From the date you disembarked the ship;
• In case of a fatal injury, from the date when the passenger should have disembarked;
• In case of an injury resulting in death after disembarkation, from the date of death.

The discretion to extend the limitation date does not apply to the Athens Convention if the injured person is under 18 or does not have the mental capacity to start a cruise ship accident claim.

In some circumstances, such as if you were injured during a domestic cruise, UK laws will apply to your claim. In such cases, you will have three years to start the claims process, with a few exceptions:

• Child injury claims have no limitation date before the child turns 18 and a parent could seek compensation for them at any time. Afterwards, the injured child has until 21 to start a claim if one has not already been made on their behalf.
• The time limit is suspended if the claimant lacks mental capacity, either permanently or until a time that they regain their mental capacity.

No matter what time limit might apply to your case, it is best to seek legal advice as soon as possible. Your solicitor will need time to gather evidence and prepare your case, and this will ensure better access to the necessary proof, such as witness statements.

How much compensation can I claim for an injury or illness on a cruise?

It is difficult to say from the outset how much you could claim for suffering an illness or injury onboard a cruise ship. The final compensation award will depend on several factors, including the injuries you suffered, their long-term effects, and their impact on your daily life.

Your lawyer will consider everything you have been through and will include two types of damages in your claim, known as general damages and special damages:

General damages include non-economic losses that do not have a specific monetary value attached to them. They cover the subjective impact of the injury on your life, such as:

• Physical pain and emotional distress
• Loss of quality and enjoyment of life
• Scarring and disfigurement
• Loss of consortium or companionship
• Inability to engage in hobbies or activities you previously enjoyed
• Physical and mental disability
• Reduced life expectancy

General damages are calculated based on the type and severity of the harm you suffered, referring to the guidelines published by the Judicial College. Based on these guidelines and our compensation calculator, you could receive:

• £860 to £49,270 for food poisoning ranging from mild gastrointestinal issues to severe toxicosis with long-term effects;
• £1,760 to £493,000 for a head injury, with the highest amount for a severe brain injury with a vegetative state;
• Up to £344,150 for leg injuries, with the upper awards involving amputation of both legal above the knee;
• Up to £366,100 for arm injuries ranging from minor fractures and lacerations to amputations;
• Between £1,960 and £196,450 for back injuries that range from sprains and strains to spinal cord trauma with possible paralysis.

Special damages cover economic losses and out-of-pocket expenses incurred as a result of the accident. These will be supported with documents such as receipts, payslips and other financial records and may include:

• The cost of medical care related to the injury or illness
• Lost wages due to time off work during recovery
• Expenses related to physical therapy and rehabilitation
• The cost of care and assistance with daily tasks, even if provided by a loved one
• Travel expenses to and from medical appointments
• Modifications to your home or vehicle to accommodate a disability

How long will my case take to settle?

It is difficult to say how long your cruise ship compensation claim might take to settle without knowing the details of the case. As there is no set time to resolve a claim, it may take several months to several years to receive your compensation, depending on various factors, such as:

• The severity and complexity of the injuries you suffered;
• The time it takes to assess the full extent of the damage caused to you;
• How long it takes to investigate the case, gather evidence and consult with experts;
• Whether there are liability disputes over who is at fault for the incident;
• The estimated value of your claim;
• The willingness of both parties to settle;
• How long it takes to reach an agreement that both parties find fair;
• Whether you must go through court proceedings to settle the claim.

If your case is straightforward, such as you have suffered moderate injuries and the other party has admitted liability, you could receive compensation within several months. It could take several years to conclude if the case is complex and involves multiple parties or severe injuries.

Your solicitor may be able to secure interim payments on your behalf if the defendant has admitted liability or you have strong evidence against them. These are advances on the compensation you are expected to receive, intended to help you cover immediate financial needs, such as medical bills or the cost of daily living.

Will I have to go to court to make a cruise ship accident or illness claim?

Personal injury compensation claims rarely go to court, and more than 95% of all cases are settled through negotiations between the claimant and the defendant. This is preferred by both parties, as it brings several advantages, such as:

• It significantly reduces legal expenses by avoiding the costs associated with a trial;
• An out-of-court settlement can be reached much quicker than waiting for a court date and undergoing a trial;
• It provides a predictable outcome, avoiding the uncertainty and risk associated with a court trial;
• It minimises the stress and emotional toll of court proceedings;
• Settlements can be more flexible and tailored to the specific needs and circumstances of both parties;
• Out-of-court settlements are confidential, which means the details of the case can be kept private, whereas court cases are typically public records.

These and several other benefits make both parties much more inclined to avoid a court trial and negotiate a settlement. However, this is not always possible, and your cruise ship injury claim may go to court if:

• The case is particularly complex or involves several parties;
• The defendant denies responsibility for your injury or illness;
• You cannot agree on the amount of compensation that should be awarded to you;
• The other party is entirely unresponsive or is slow to respond;
• You want to apply for interim payments to cover urgent financial needs;
• The claim involves severe injuries, such as permanent brain damage, or the injured party is a child;

If you have to go to court, your case will be argued before a judge with no jury. They will carefully examine the available evidence and decide whether you are entitled to compensation and what amount you should receive for your injuries.

Your solicitor or a barrister instructed by them will typically be able to represent you, but you may still have to be present in court.

Will a personal injury solicitor provide a No Win No Fee service?

If you have a valid claim for a cruise ship accident, your solicitor will offer you a no win no fee service. This conditional fee agreement is the preferred way of funding a personal injury claim, as it allows you access to legal representation without taking any financial risks.

Key features of the no win no fee agreement include:

• You do not have to pay any legal fees upfront;
• If the claim is successful, your solicitor will take a pre-agreed percentage of the compensation awarded as their fee. This is known as a success fee and cannot be more than 25% of your award for general damages and past financial losses.
• If the claim is unsuccessful, you do not have to pay the solicitor’s fees or any other costs.

The no win no fee agreement offers you peace of mind and significantly reduces the stress of starting legal proceedings. Furthermore, your solicitor may also take out After the Event (ATE) insurance on your behalf, which will cover the litigation costs in the event that the claim is unsuccessful. These include:

• The legal costs of the defendant and their solicitors;
• Your own disbursements and legal costs, such as court fees, expert witness fees and other related expenses;
• The premium for the insurance, which you only pay if and after you receive compensation.

The no win no fee service allows everyone access to justice, regardless of their financial circumstances. Furthermore, it motivates your solicitor to achieve a successful outcome, as their payment is contingent on winning the case.

To learn more about cruise ship accident claims and how to secure compensation for your injuries, call 0800 470 0474 today for a free consultation or use our contact form to request a call back.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.