A big aspect of the money earned by cruise ships is on shoreside excursions passengers take. Many passengers believe these are run by the cruise line, and the cruise line will stand behind these excursions if there are any problems or accidents. However, many times a passenger is surprised, after having a problem or an accident, to hear the cruise line deny responsibility on the basis that they do not operate the shoreside excursion that the operators are independent contractors, and the cruise ship company has no liability for the negligence of the shoreside excursion company. Since the shoreside excursions occur in foreign countries, the passenger is then left with the prospect of trying to pursue a foreign shoreside excursion company who may not be subject to jurisdiction in the United States, and who may not have any insurance.
However, maritime attorneys knows that he or she can come up with a few theories of liability against the cruise ship company for the shore excursions, including an argument that the cruise ship company should at least be aware of the dangers, if any, and then warn the passengers of these dangers. This is one theory of liability which imposes direct liability on the cruise ship company for negligent failure to warn of dangers. This would require proving that the cruise line knew, or should have known of the dangers, based on past experience with the shoreside excursion company.
In a recent case out of the Southern District of Florida, a passenger filed a lawsuit against Royal Caribbean Cruises for an injury suffered when rock climbing in Dunn’s River Falls.