Cruise ship illness and accident compensation claims

What is The Athens Convention 1974?

The Athens Convention is an internationally recognised law by many nations to protect cruise ship passengers and to make claiming for compensation easier for those who have suffered injury or illness through no fault of their own, regardless of where it occurred.

According to the International Maritime Organisation, The Convention “established a regime of liability for damage suffered by passengers carried on a seagoing vessel.” Liability is established if it was due to the fault or neglect of the carrier.

The conversion provides you with a choice of where to bring your claim. This can include the country where the cruise company is based, where you departed from and where you arrived, where you permanently live (if the cruise company also has a place of business there), or where your contract with the cruise company was made.

Does it matter where an injury on a cruise ship took place?

Yes – the convention provides you with a choice of where to bring your claim, potentially impacting the ease of the process and the total compensation amount. This can include the country where the cruise company is based, where you departed from and where you arrived, where you permanently live (if the cruise company also has a place of business there), or where your contract with the cruise company was made.

How much compensation can I claim for a cruise ship illness or accident?

The amount of compensation our solicitors may be able to claim for you will depend on the severity of your illness or injury and the effects it will have on your life. You may be entitled to claim for the following:

• The cost of your cruise
• The pain and suffering caused, including emotional distress or trauma
• Any loss of income or pension
• Any costs associated with your rehabilitation or ongoing medical treatment
• Any costs for the care you may have or will need to receive, even if a family member or friend provides this
• Any out-of-pocket expenses you or anyone who has cared for you may have incurred

Speak with our expert solicitors today to find out how much you may be able to claim for your accident or illness. Alternatively, try our compensation calculator to find out how much you may be able to claim.

How long do I have to make a cruise ship illness or accident claim?

Under The Athens Convention, you have up to two years from the day you disembarked the cruise liner to start your compensation claim.

We strongly recommend starting your claim as soon as possible, as it takes time to collect supporting evidence and arrange for medical reports.

Can I make a no win no fee cruise ship accident or illness claim?

Yes. Our cruise ship compensation claims are processed on a no win, no fee basis.

When a no win no fee agreement is set up, your solicitor will take an insurance policy out on your behalf, which protects you in the rare event the claim isn’t successful.

The policy covers any costs incurred relating to your claim. These costs could include legal fees, medical reports, court, and other expenses.

The insurance policy, known as after-the-event insurance, fully protects the person claiming if the claim is unsuccessful and from any costs during the compensation claim process, meaning you can claim without paying a penny.

You will only pay a fee if your claim is successful, and the amount will be agreed upon when you enter into the agreement at the start of the claim process.

Cruise ship illness claims

Over 1.6 million UK holidaymakers took a cruise in 2022, and one of the main reasons cruises are so popular is the food available on board. However, passengers can sometimes get ill on board if the food is not kept at the correct temperature, prepared correctly, or left out too long.

We have helped many cruise line passengers claim compensation after suffering from food poisoning while on board the ship. The most common types of food poisoning we have claimed for include:

• Norovirus
• Legionnaires
• E Coli
• Salmonella
• Cryptosporidium
• Campylobacter
• Typhoid

These types of food poisoning while on board the cruise are because of contaminated food being consumed. There are a number of circumstances where food becomes contaminated. Some of these include;

• Food not being cooked thoroughly
• Food served lukewarm or food that has not been kept at a constant temperature
• Food that has been reheated or left standing for too long
• Food that has been prepared on unclean surfaces
• Food that flies, insects, or birds have contaminated
• Food that has not been handled correctly or infected by food handlers
• Food such as salads and fruit that has been “washed” in unsafe tap water
• Ice served in drinks made from unsafe tap water
• Unsafe tap water served to guests

In addition to food poisoning, passengers can sometimes fall ill while on board and seek medical attention from the ship’s doctor. You may be able to claim compensation if the doctor was negligent and misdiagnosed your symptoms, leading to a long-term illness.

Cruise ship accident claims

While cruise ships are usually luxurious places, accidents can happen if the cruise line company has failed in their duty of care to keep you safe at all times.

The most common types of accidents on cruise ships we have helped passengers claim for include:

• Injuries suffered while embarking or disembarking the cruise ship
• Injuries sustained from faulty, damaged or poorly maintained furniture or equipment
• Slips, trips or falls caused by uneven flooring, inadequate lighting
• Slips, trips or falls on the cruise liner deck and other areas, including staircases
• Accidents and injuries suffered during day excursions or from sporting events onboard the cruise
• Accidents in the swimming pool or water slides caused by negligent supervision
• Burns or scalding from food spilt on you
• Accidents caused by other passengers
• Injuries caused due to a lack of guidance or poor safety measures being implemented while the ship sails through a storm

What evidence do I need to start a cruise ship accident or illness claim?

With over two decades of experience successfully representing people who have suffered injuries and illness on cruises that have significantly impacted their lives, we are here to help you claim what you are legally entitled to.

Contact us today, and our friendly, experienced personal injury claims team will provide free, unlimited legal advice. We’ll be able to let you know your legal rights, including if you can make a claim.

We may ask you for some information about your claim. The more information you can provide, the better we can advise you of your rights.

We may ask some of the following questions:

• When, where and how your injury or illness occurred
• The level of suffering you may have suffered as a result
• Who you think may have been at fault
• If you have any of the following (if applicable) witness statements, accident reports, photographs, police reports, or CCTV of the accident scene
• What medical reports or diagnosis and treatment has taken place
• How it has affected your life, including any financial losses

How long does a cruise ship accident or illness claim take?

There is no set period of time for a cruise ship claim. The length of time it will take for you to receive your compensation will depend on the circumstances of how the injury or illness occurred, how complex your claim is and how difficult it may be to prove liability from the cruise liner company.

When can’t I make a cruise ship accident claim?

You may not be able to start a claim if negligence cannot be proven and in cases such as shipwreck, collision, stranding, explosion or fire, and defect in the ship.