Cruise Ship Illness Compensation

Yes, viruses can either be brought on board by passengers or picked up through human contact. Outbreaks of norovirus have been increasingly linked with cruise ships because health officials are required to track illnesses on ships but not at hotels or resorts.

Noroviruses can cause inflammation of the stomach and the large intestines, called gastroenteritis. The disease can be passed via contaminated food and water but is typically spread on cruise ships through physical contact with ill people or surfaces/objects they may have touched.

It causes flu-like symptoms, nausea, vomiting, diarrhoea and stomach cramps. Fever and headache are also possible. Symptoms appear after one to three days and usually last between 24 to 48 hours. A passenger may be contagious for as long as two weeks after recovery.

A cruise ship illness can rapidly pass from person to person. The average cruise ship passenger capacity is around 3,000 for ocean liners but the largest vessels can carry from 5,400 to 6,300 at max capacity if all berths are occupied. A cruise ship illness can rapidly pass from person to person. The most common ways that an outbreak will spread are:

• Hand to mouth contact from people carrying a bug
• From touching infected surfaces - such as door handles, railings, toilet flush handles, food utensils, elevator buttons, etc.
• Poor hygiene practices and systems
• Failing to wash hands after using the W.C
• Lack of stringent anti-bacterial sanitisers dispensers
• Unprotected salad bars
• Refilling of water bottles in the buffet area

The law is different from making a holiday injury claim, for an accident which occurred at a hotel or resort.

The Terms and Conditions contained in your holiday contract, which are supplied by both Tour operators and Cruise lines are bound by regulations set out in the Athens Convention.

The Athens Convention – what you need to know

The Athens Convention applies to EU member states and has been in force in the UK since 1996.

Seagoing vessels owe a “duty of care” in the carriage of passengers and luggage by sea, and to passengers who are either getting on or off the boat.

The Convention operates in favour of the consumer. The fault is automatically presumed on the part of the carrier unless they can prove otherwise, and is different from claims under the Package Travel Regulations 1992, which require you to prove the carrier was at fault.

All sea carriers must have insurance as they have a strict liability for passenger personal injury, fatality or any shipping related incident unless there is evidence to show the incident was caused by:

• Natural phenomenon of an “exceptional, inevitable and irresistible character”, or
• Wholly caused by a third party.

Making a claim – what you need to know

Building your case and making a claim requires the in-depth knowledge of a specialist solicitor. Your Legal Friend has 30 years’ experience and knowledge in all aspects of international personal injury law.