Maritime and Cruise Ship Injury · South Florida
Cruise Ship Injury Lawyer: Port of Miami and Port Everglades (2026)
If you were hurt on a cruise that left from a South Florida port, get medical care first, then act quickly, because the deadline to sue can be as short as one year and a written notice may be due within six months. This guide explains why cruise injury claims work differently from a regular Florida injury case, the short deadlines cruise lines bury in the ticket, the clause that can force your case into a specific federal court, the injuries these cases usually involve, and why representation based in South Florida matters.
Alex Shkolyar, Esq.Former criminal prosecutor · Last reviewed
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Deadlines at a glance
6 months
Written notice of the claim
Federal minimum, 46 U.S.C. § 30526
1 year
Deadline to file a lawsuit
Federal minimum, 46 U.S.C. § 30526
3 years
General maritime limit, overridden by most tickets
46 U.S.C. § 30106
Federal court
U.S. District Court, Southern District of Florida
Ships sail year round from PortMiami in Miami-Dade County and from Port Everglades in Fort Lauderdale, Broward County. Both ports sit inside the same federal court district, the United States District Court for the Southern District of Florida, which is where a large share of cruise passenger cases end up. The rules below apply whether you sailed from Miami, Fort Lauderdale, or a nearby port.
01
Cruise injury claims run on federal maritime law, not ordinary Florida injury rules
A cruise ship injury is a maritime case governed by federal admiralty law and the terms of your ticket contract, not by the everyday Florida personal injury statutes most people expect. That single fact changes almost everything about how the case works.
State deadlines, state venue rules, and many state law arguments are pushed aside by federal maritime law and the contract you agreed to when you bought passage. Courts treat the cruise ticket as a binding agreement even if you never opened the booklet or read the fine print. The practical result is a shorter clock, a narrower set of courts, and defenses that rarely come up in an ordinary Florida car accident case.
02
Your cruise ticket is a contract that quietly shortens your deadlines
When you buy a cruise ticket you sign a passage contract, and buried inside it are clauses that cut down your time to give notice and your time to sue. These clauses are the reason so many valid claims are lost.
Cruise lines are allowed to shorten these windows under federal law, and they generally set them to the shortest the statute permits. The contract also usually names one court where any lawsuit must be filed and often disclaims responsibility for shore excursions and other services. Reading your ticket, or having a lawyer read it, is the first step, because the exact wording controls your case.
03
You usually have one year to file suit and six months to give written notice
Most major cruise lines require written notice of an injury claim within six months of the incident and require any lawsuit to be filed within one year, far shorter than Florida's ordinary injury deadlines. Missing either window can end an otherwise strong case.
Federal law sets these as floors for seagoing passenger vessels. Under 46 U.S.C. section 30526, a cruise line cannot force a notice period shorter than six months or a lawsuit deadline shorter than one year, and most lines set their contracts right at those minimums. That is a sharp contrast with the general maritime limit of three years under 46 U.S.C. section 30106, which the ticket contract overrides. Filling out an onboard incident report or emailing the cruise line is not the same as meeting these requirements. Your own ticket controls the exact dates, so read it and confirm the deadlines with a lawyer as early as possible.
- 46 U.S.C. § 30526
- 46 U.S.C. § 30106
Deadlines and notice periods vary by ticket and can change. Confirm the terms in your specific passage contract; this article states the current common standard and the federal minimums, not a guarantee of the deadline in your case.
04
A forum-selection clause can force your case into federal court in Miami
Cruise tickets almost always contain a forum-selection clause that dictates which court can hear your case, and for lines based in South Florida that court is frequently the United States District Court for the Southern District of Florida. Courts enforce these clauses even when the passenger never negotiated them.
The United States Supreme Court upheld this practice in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991), holding that a reasonable forum clause printed on a cruise ticket is generally enforceable. Because Carnival, Royal Caribbean, and Norwegian are headquartered in the Miami area, their contracts commonly point to the Southern District of Florida. Some contracts point elsewhere or require arbitration, which is one more reason to have the ticket reviewed. The core takeaway is simple: where you live often does not decide where you sue.
Case law
Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991)
Questions about the deadlines in your cruise ticket?
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05
Slip-and-fall injuries are among the most common cruise ship claims
Slip, trip, and fall injuries on wet decks, pool areas, stairwells, and buffet lines are among the most frequently reported cruise ship injuries. To recover, an injured passenger generally must show the cruise line knew or should have known about the hazard and failed to fix it or warn about it.
Cruise lines owe passengers reasonable care under the circumstances, but they are not automatically responsible for every fall. Evidence matters, and it disappears fast. Photos of the hazard, the names of witnesses, the incident report number, and your medical records can decide the case. Because ships clean, repair, and overwrite video quickly, moving early is important.
06
The ship's doctor or nurse can be the cruise line's responsibility
Since 2014, cruise lines sued in the federal courts of the Eleventh Circuit, which includes Florida, can be held vicariously liable for the negligence of their onboard doctors and nurses, ending decades of near-total immunity. That means substandard shipboard medical care can support a claim against the cruise line.
For years the so-called Barbetta rule shielded cruise lines from responsibility for shipboard medical mistakes. The United States Court of Appeals for the Eleventh Circuit rejected that rule in Franza v. Royal Caribbean Cruises, Ltd. (2014), allowing passengers to pursue the cruise line for medical negligence by its onboard staff under agency principles. The Eleventh Circuit covers Florida, so this favorable law directly applies to cases in the Southern District of Florida. Delayed diagnosis, misread symptoms, and mishandled emergencies at sea can all support a claim.
Case law
Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014)
07
Shore excursion injuries come with the independent contractor defense
If you were hurt on a shore excursion, the cruise line will often argue it is not responsible because the local tour operator was an independent contractor. That defense is not automatic, and the cruise line can still be liable in several situations.
Even when a tour is run by a separate company, a cruise line may be on the hook if it failed to reasonably vet or select the operator, misrepresented the safety of the activity, created the appearance that it ran the excursion, or was involved enough to amount to a joint venture. Federal maritime law can govern the claim rather than the law of the country where the excursion happened, and the ticket contract often still routes the lawsuit to a United States federal court. Snorkeling, zip line, catamaran, jet ski, and tour bus injuries are common examples where more than one company may share fault.
08
Assaults and security failures can support a claim against the cruise line
Passengers who are assaulted on board may have a claim against the cruise line when inadequate security, poor lighting, unscreened crew, or ignored warning signs allowed the attack to happen. The claim focuses on whether the cruise line failed to provide reasonable security under the circumstances.
Cruise lines control who is hired, how alcohol is served, how cabins and decks are secured, and how quickly staff respond to a report. When those systems fail and a passenger is harmed, the cruise line's conduct, not only the attacker's, can be part of the case. These claims are sensitive and evidence based, and prompt preservation of surveillance footage and records is often decisive.
09
Local South Florida representation matters because these cases are litigated here
Because cruise contracts frequently funnel cases into the Southern District of Florida and the favorable medical negligence law is Eleventh Circuit law, having representation based in South Florida is a practical advantage. The case will very likely be decided in South Florida federal court, under Eleventh Circuit precedent.
Alex's Law Firm is based in Boca Raton, in Palm Beach County, inside the same federal district where PortMiami and Port Everglades cases are heard. Alex Shkolyar personally handles each case, so there is no handoff to a paralegal. He is a former criminal prosecutor, and the firm serves clients in English and Russian. When a case is going to be fought in South Florida courts, working with a South Florida lawyer keeps the strategy close to where the case actually lives.
Alex Shkolyar, Esq.
- Former criminal prosecutor
- Personally handles each case
- Serves clients in English and Russian
- Based in Boca Raton, Palm Beach County
What to do immediately after a cruise injury
After a cruise injury, get medical care first, report the incident in writing before you leave the ship, gather evidence, keep every document, and speak with a maritime injury lawyer well before the six-month and one-year deadlines. Acting in the first days protects both your health and your claim.
Get medical care right away. Use the ship's medical center or a hospital at the next port, and follow up with your own doctor when you are home. Your health comes first, and the records also document the injury.
Report the injury in writing and get a copy. Ask the ship to complete an incident report and note the report number, the date, the location on the ship, and the names of any staff involved.
Photograph everything. Take pictures of what caused the injury, the surrounding area, your injuries, and any warning signs that were or were not present.
Collect witness details. Get names, phone numbers, and email addresses for anyone who saw what happened, including other passengers, since they scatter after the cruise.
Keep your ticket and all paperwork. Save the passage contract, booking confirmation, excursion tickets, receipts, and any messages with the cruise line. The ticket controls your deadlines and your court.
Do not give a recorded statement or sign a release yet. Cruise lines and their insurers may contact you quickly. You are allowed to speak with a lawyer first.
Talk to a maritime injury lawyer early. The six-month notice window and one-year filing deadline move fast, and early action preserves evidence and options.
Frequently asked questions
How long do I have to sue after a cruise ship injury?
Most cruise tickets require a lawsuit within one year of the injury, and federal law does not let seagoing passenger vessels set that window shorter than one year. Many tickets also require written notice within six months. Your own passage contract controls the exact dates, so confirm them with a lawyer quickly.
Do I have to sue where I live?
Usually no. Cruise tickets contain a forum-selection clause that names the court where you must file, and for South Florida based cruise lines that is frequently the United States District Court for the Southern District of Florida. The Supreme Court has held these clauses are generally enforceable.
Can I sue the cruise line for the ship doctor's mistake?
Possibly. Since Franza v. Royal Caribbean in 2014, courts in the Eleventh Circuit, which includes Florida, can hold a cruise line responsible for the negligence of its onboard doctors and nurses. Whether the claim succeeds depends on the facts.
What if I was hurt on a shore excursion, not on the ship?
You may still have a claim. Cruise lines often argue the tour operator was an independent contractor, but a cruise line can be liable if it failed to vet the operator, misrepresented the activity's safety, or was involved enough to share responsibility. More than one company may be at fault.
Does a cruise injury lawyer cost anything up front?
Alex's Law Firm offers a free consultation and works on a contingency fee, which means no fee unless there is a recovery. You can ask your questions before deciding anything.
Do you handle cases in Russian?
Yes. Alex Shkolyar serves clients in English and Russian, and the firm is available seven days a week. Звоните, мы говорим по-русски.
Talk to a South Florida cruise injury lawyer
If you were injured on a cruise from PortMiami or Port Everglades, the deadlines are short and the ticket contract is working against you from day one. Alex's Law Firm offers a free consultation with no win, no fee, in English or Russian, and is available seven days a week. Call (561) 695-4781 to talk through your options.
- Free consultation
- No win, no fee
- English and Русский
- Available 7 days a week
This article is general information, not legal advice. It does not create an attorney-client relationship, and no relationship is formed by reading this page or submitting a form. Cruise injury deadlines and contract terms vary and can change, and only a consultation can evaluate your specific case. Results depend on the facts of each case.
