To put it simply a claim would normally be made under the Athens Convention if you sustained injury through an accident which was not your fault, whilst onboard a ship at sea. In some instances a claim may be brought under a different law or regulation such as via The Package Travel Regulations 1992. It is essential that you seek legal advice as soon as possible so that your Solicitor can advise you as to your best course of action.
The Athens Convention declares a carrier liable for damage or loss suffered by a passenger – if the accident which caused the damage occurred in the course of the carriage and was due to the fault or negligence of the carrier. A carrier can limit his or her liability unless the carrier acted with intent to cause such damage or acted recklessly and with knowledge that such damage would probably result.
The injury could be caused due to the negligence of the captain. Injury could also be caused as a result of slipping on wet decking, for example.
There are strict time limits in making a claim under the Athens Convention. Unlike most personal injury claims the time limit is normally 2 years from the date of disembarkation (getting off the cruise liner). Most personal injury claims have a 3 year limitation period running from the date of the accident. Note that if you do not settle or issue court proceedings for your claim within the relevant limitation period then you may lose your right to claim compensation. I therefore cannot stress enough the importance of bringing your claim in time. Our advice is to seek legal advice as soon as possible if you are interested in making a compensation claim following an accident.
The Athens Convention is rather specific and not all claims will be brought under it. The Athens Convention, for example, may not apply to domestic cruises such as cruises around British Isles or Scotland. However it can apply to cruises which visit international ports but starts and ends in the UK. Basically there must be some international involvement to come under the convention.
Under the Athens Convention you have a choice in where to bring your claim. You could bring a claim in the country where the cruise company is based, or you could bring a claim in the country from which you departed from or the country you arrived at. You could also bring a claim in the country that you permanently live in (if the cruise company also has a place of business there). Finally you could bring the claim in the country where your contract with the cruise company was made.
Your course of action following an accident at sea can appear rather complex at the outset. It is essential that you seek legal advice as soon as possible. It is your right to make a claim if you have been injured in an accident which was not your fault. It does make things more complicated in terms of a jurisdictional sense when an accident occurs at sea or in the air for example. However laws and regulations are in place to make sure an injured victim has a course of action and can claim the compensation that they deserve.
