- At least 10 million Americans use cruise ships every year, according to the Federal Bureau of Investigation (FBI). Cruise vacations are popular because they offer great value for the money. But who protects cruise vacationers from being violated while in international waters? There are international as well as American laws that protect cruise passengers. The FBI estimates that there were 39 cases of crimes in 2005 involving US citizens on a cruise ship. The crimes ranged from physical assault, to rape to murder.
Death on the High Sea Act
- The law specifically addresses death on a cruise through a wrongful act, negligence or default. When death occurs under any of those circumstances, family representatives of the deceased can sue the vessel, person or company liable for damages. The law has a three-year statute of limitations. It is worth noting that the laws that govern a cruise ship are those of the country where the vessel is registered. There are several factors that come into play when determining if the US has jurisdiction. The FBI is only involved in crimes that take place on a US owned cruise ship, regardless of the victim's or the perpetrator's nationality.
Shipping Act of 1984
- Cruise ships owe their passengers protection from harm. The prime goal of every cruise line is to ensure passengers arrive at their destination safely. This includes making sure vacationers are protected against assault, rape, and other criminal assaults from crew members. In the event of a passenger being missing, the cruise line has a responsibility to conduct a reasonable search and rescue. Failure to search renders the cruise company liable for the passenger's disappearance. A passenger who suffers injury or becomes a victim of a crime can sue to recover damages such as medical expenses, pain and suffering, and lost wages. Conversely, the passenger has a duty to follow all the rules listed on the back of the ticket, which acts as a contract between the passenger and the cruise line.
International Convention for the Safety of Life at Sea (SOLAS)
- SOLAS regulates the safety of the vessel, which includes crew competency, fire protection, lifesaving equipment, navigation and vessel control. The ship must have a watertight compartment to make sure any damage to the ship's hull does not allow the vessel to sink. The cruise ship also has to have effective radio communication needed to make a distress call when there is an emergency.
Posted in: Cruises and Ferries