When a lot of people hear the term “maritime law”, they tend to think of things like injured sailors at work on a cargo ship, or perhaps some kind of laws to prevent illegal goods from being smuggled into (or out of) a country via boat.
Maritime law affects many different aspects of the maritime industry, in ways that civilians who do not directly work in a maritime capacity may be unaware of. One of these ways is how maritime laws affect the operation of cruise ships, and the rights of the passengers onboard.
As many maritime laws are aimed at helping to protect the rights of people onboard ships, both worker and passenger, these laws may impact your vacation trips more than you’re expecting. Even if you don’t find yourself getting sick or hurt on a cruise ship, understanding these laws better can help you understand your rights as a passenger on these voyages.
Maritime Laws & Cruise Ships
Cruise ships flying an American flag all fall under the protection of the Jones Act, as do all other vessels in the United States.
The Jones Act is a series of laws designed to protect the workers and passengers on maritime vessels should they be injured or fall ill during their time on the vessel. While the majority of the Jones Act is aimed at protecting maritime workers, there actually exists a section of the law known as the Passenger Vessel Services Act (or PVSA) that governs certain aspects of how cruise ships can operate.
One of the biggest impacts it has on cruise ships is in how their itineraries are structured. In order to be in compliance with the PVSA, any ship leaving from one port in the US and arriving at another port is required by law to dock at a foreign country along the way, unless it is flying the flag of the United States. This is why cruise ship routes can be so convoluted at times, as many vessels are actually registered in (and flying the flag of) other countries. (This has also led to situations where a vessel is fined for the actions of a passenger who leaves the ship on a port and is then injured or otherwise disruptive.)
Where things get even more complicated is how you are able to hold a cruise ship accountable for injuries or illness suffered while on board. The Jones Act only directly pertains to vessels sailing out of America who fly the flag of the US, such as river cruises and the like. International cruise ships are frequently registered in other countries, and as a result cases involving these vessels tend to fall more under federal foreign voyage laws. The involvement of these laws depends on where the injury took place – if a ship is still within 12 miles of the United States shoreline, it still has to follow US law.
Outside of that radius, however, and the ship is considered to be in international waters. There are many situations where, if someone is injured or falls sick in international waters, the United States is able to investigate any charges of crime or negligence as long as the individuals involved are US nationals on a ship that is departing from or arriving at a port in the United States. This ties back in with the PVSA, in that it requires all cruise ships leaving from the US to arrive back at another port in the US, with a stop at a foreign country along the way. Under these circumstances, the US may have jurisdiction over investigating a crime or injury due to negligence at sea.
As you can see, the laws dictating cruise ships can be difficult to understand, and even trickier to uphold. But if you’ve been injured or got sick during your last cruise, the experienced maritime lawyers of O’Bryan Law can help. Contact us today with the details of your case and we can help you fight for justice and understand the applicable laws better.
