Your rights when injured onboard a vessel

Navigating the open waters, whether for leisure or work, offers unique experiences and challenges. However, it also presents distinct risks. Accidents can happen unexpectedly, transforming a pleasant voyage or routine workday into a traumatic event. When such incidents occur, it’s vital to understand your rights. Maritime law is a specialised and often complex area, differing significantly from land-based personal injury claims. For anyone injured onboard a vessel, knowing what steps to take and what protections you’re entitled to is not just helpful—it’s absolutely crucial for ensuring you receive the justice and compensation you deserve.

The Unique World of Maritime Law

Ireland, as an island nation with a rich maritime heritage, operates within a comprehensive framework of maritime law, also known as admiralty law. This distinct body of law governs activities on navigable waters, including incidents involving personal injury. Unlike general tort law, maritime law often incorporates international conventions, EU regulations, and specific domestic legislation tailored to the unique environment of the sea. This means that if you’re injured onboard a vessel, the rules that apply to your situation will likely be different from those governing an accident on shore.

Passengers: What You Need to Know

For passengers enjoying a ferry trip, a cruise, or any other vessel-based excursion, your safety is paramount. Vessel operators owe a significant duty of care to their passengers.

Duty of Care

Cruise lines, ferry companies, and other vessel operators are legally obligated to take reasonable steps to ensure the safety of their passengers. This includes, but is not limited to, maintaining safe premises, providing competent and adequately trained crew, ensuring safe embarkation and disembarkation procedures, and issuing reasonable warnings about potential hazards. Failure to uphold this duty can lead to liability if an injury occurs.

Common Passenger Injuries

Passengers can sustain injuries from various incidents such as slips, trips, and falls on wet decks or uneven surfaces; accidents during recreational activities; food poisoning or norovirus outbreaks; injuries from falling objects; or even assaults due to inadequate security. Each scenario requires a specific legal approach.

Key Steps After an Incident

If you are injured onboard a vessel as a passenger, it’s crucial to:

• Report Immediately: Inform the ship’s crew or a supervisor as soon as possible and ensure an official incident report is filed. Ask for a copy.
• Seek Medical Attention: Even if the injury seems minor, have it checked by the ship’s medical staff. Document all medical care received.
• Document Everything: Take photos or videos of the accident scene, your injuries, and any contributing factors (e.g., a spill). Collect contact details of any witnesses.
• Keep Records: Retain your tickets, booking confirmations, and any contracts, as these documents often contain crucial information about reporting periods and time limits for claims.

Crew Members: Your Protections at Sea

Crew members, by the very nature of their work, face inherent risks that passengers do not. Recognising these dangers, maritime law provides specific protections and rights for those who work at sea.

Employer’s Responsibility

Vessel owners and operators have a stringent duty to provide a safe working environment for their crew. This includes maintaining the vessel and its equipment in a seaworthy condition, providing adequate training and safety gear, and ensuring safe working practices. If an injury occurs due to an employer’s negligence in these areas, the crew member may have a strong claim for damages.

Maintenance and Cure

A fundamental right for crew members under maritime law is “maintenance and cure.” This means that regardless of fault, if a crew member becomes ill or injured in the service of the vessel, the employer must provide medical care (cure) and basic living expenses (maintenance) until the crew member reaches maximum medical improvement. This benefit is separate from any claim for negligence.

Common Crew Injuries

Crew members frequently suffer injuries from machinery accidents, falls from heights, heavy lifting, exposure to hazardous materials, repetitive strain injuries, or rough seas. The challenging environment demands strict adherence to safety protocols.

Reporting and Legal Recourse

If you are a crew member injured onboard a vessel, you must:

• Report to a Supervisor: Inform your superior promptly and ensure the injury is logged in the ship’s medical log or accident report.
• Seek Medical Care: Document all treatments and medical advice received, whether from the ship’s medic or shore-based facilities.
• Understand Your Rights: Beyond maintenance and cure, you may be entitled to claim damages for lost wages, pain and suffering, and future medical expenses if your injury was caused by negligence.

Essential Steps After Any Maritime Injury

Regardless of whether you are a passenger or a crew member, certain universal steps are critical to protecting your legal position following an injury at sea.

Prioritise Medical Attention

Your health is paramount. Seek immediate medical attention, even for injuries that seem minor. A comprehensive medical record is not only vital for your recovery but also serves as crucial evidence in any potential claim.

Document Everything

Maintain detailed records of everything related to your injury: incident reports, medical records, receipts for expenses, photographs of the scene and your injuries, and contact information for witnesses. Keep a journal of your symptoms and how the injury affects your daily life.

Understand Time Limits

Maritime claims are subject to strict statutes of limitation, which can vary depending on the type of vessel, the location of the incident, and whether you are a passenger or crew member. These time limits are often shorter than those for land-based personal injury claims, and some passenger tickets may impose even shorter contractual deadlines. Delay can jeopardise your ability to make a claim.

The Role of a Maritime Solicitor

Maritime law is a highly specialised field. Navigating its complexities—jurisdiction, international conventions, specific Irish legislation, and the robust defence strategies of vessel operators and their insurers—requires expert guidance. An experienced maritime solicitor can help you:

• Understand the applicable laws and your specific rights.
• Gather the necessary evidence to support your claim.
• Negotiate with insurance companies and legal teams who are highly experienced in defending such claims.
• Represent your interests effectively in court, if necessary.

An injury onboard a vessel can be a distressing and life-altering event. Understanding your rights and acting promptly are the cornerstones of securing justice and appropriate compensation. If you or a loved one has suffered an injury onboard a vessel, navigating the complexities of maritime law can be daunting. Understanding your entitlements is the first step towards recovery and justice. We encourage you to seek a maritime claim evaluation to understand your specific legal options and ensure your rights are protected.