Can you sue if you get sick on a cruise this summer?

News, Rights

You’ve looked forward to your cruise for months, but once you’re finally aboard, that thing you’ve been dreading actually happens: norovirus. You feel awful, you can’t enjoy the cruise, and you’ve used up precious vacation time and money for the privilege. Do you have any recourse?

Is norovirus really all that common on cruise ships?

The Centers for Disease Control and Prevention (CDC) tracks outbreaks of norovirus infections on cruise ships and has strict requirements that every single case must be reported, which is not the case with outbreaks on land. Every ship that enters US waters must report the number of passengers and crew with gastrointestinal illnesses to the CDC.

If more than 2 percent of the people on the ship are suffering from a gastrointestinal illness, the cruise ship company must file a special report. But while it seems that every other week brings another news story about norovirus overwhelming a cruise ship, these outbreaks are actually fairly rare. According to the CDC, of the 73.5 million passengers who cruised between 2008 and 2014, only about 173,000 people came down with acute gastroenteritis while at sea. About 92 percent of those cases were attributed to norovirus.

Know before you go

Before you go on a cruise, check out how different cruise lines and cruise ships scored on CDC health inspections. Familiarize yourself with handwashing recommendations and other tips for staying healthy on a cruise.  You should also read the cruise ship passengers’ bill of rights, a document many cruise lines are signatories to and which outlines your basic rights as a passenger.  This bill doesn’t discuss shipboard illness, but does give you the right to disembark if you need medical care that’s unavailable on the ship. And also, be sure to read the cruise travel terms and conditions, which are printed on your ticket and available on the cruise line’s website.

While you’re on board

If you get sick on a cruise, the first thing you should do is report to the ship’s medical office. This is important not only to receive treatment to help you get well, but also to inform the crew so that they can put measures into place to contain the illness and protect other people. One of those measures may be to quarantine you to your room—which is within the ship’s legal rights—to minimize the spread of an infectious disease.

What are you entitled to?

If you get sick while you are on board, or if the cruise itself is shortened because of widespread illness, you may wonder if you are entitled to a refund. Remember those cruise travel terms and conditions? Now is a good time to review them. You’ll probably learn that you aren’t automatically entitled to any compensation from the cruise line under these circumstances. However, cruise companies are conscious of their public image, so it’s very likely you will be offered something. Some cruise lines have offered partial refunds, complete refunds, or even free passage on a future cruise to compensate for your thwarted vacation.

If you accept one of these offers, you will be required to sign a release that states you have settled your case and you cannot take any further legal action against the cruise line. If you didn’t accept an offer and you want to sue the cruise line, refer to the terms and conditions, which outline how much time you have to bring an action against the company and where the suit must be filed. A lawsuit can be expensive and time-consuming, so if you’re offered a deal, you might consider just taking it and moving on with life. Or not. It’s up to you. If you do choose to go the lawsuit route, consult an experienced lawyer about your rights and options.

Travel insurance may be the best solution

Because cruise lines make no guarantees about compensation for passengers who become ill while aboard, consider purchasing travel insurance before you leave on your cruise. The right travel insurance will cover your medical expenses while traveling, as well as the cost of transporting you home (or to a hospital) safely. Travel insurance policies may also provide reimbursement for cruises you miss or cut short due to illness.

Good luck, and happy cruising!