Shore Excursion Injuries: When the Cruise Line Pays

Zip lines in St. Thomas, ATV tours in Cozumel, snorkel boats in Bermuda: shore excursions are a big part of a cruise and a common source of serious injuries. Cruise tickets usually say the tour operator is an independent contractor and the cruise line isn't responsible. That isn't always the end of the story.

Why the cruise line points to the operator

Most major lines' ticket contracts and excursion terms say tour operators are independent contractors and that the cruise line isn't responsible for their acts. Courts often accept that the cruise line isn't vicariously liable just because it sold the ticket. But the cruise line still owes passengers reasonable care in what it does.

Ways the cruise line can still be responsible

Failure to warn. A cruise line has a duty to warn passengers of dangers it knows or should know about in places where passengers are invited or reasonably expected to visit. In Chaparro, a crew member encouraged a family to visit a beach in St. Thomas; on the way back, their daughter was killed by gunfire near a gang funeral. The Eleventh Circuit held the family's claim that Carnival knew of gang violence in the area and failed to warn could go forward.

Negligent selection or retention. If the cruise line chose or kept an operator it knew, or should have known, was unsafe, for example after prior accidents, missing licenses or inadequate insurance, it can be liable for that choice.

Apparent agency. If the cruise line marketed the excursion as its own, sold it on board, used its branding and led you to reasonably believe the operator was part of the cruise line, courts may hold the line responsible. The Eleventh Circuit set out the elements in Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014): a representation by the line, a reasonable belief by the passenger, and reliance on that belief.

Joint venture or control. Sometimes the cruise line controls the excursion closely enough, such as its routes, safety rules, staffing and pricing, that it shares responsibility.

Excursions on the cruise line's own property

Several cruise lines operate private islands and beach destinations. Injuries there are usually treated as injuries on property the cruise line controls, closer to an onboard injury than an independent tour.

Claims against the tour operator

You can also pursue the operator, but it may be a small foreign company with limited insurance. Suing it may mean a foreign court, and U.S. courts may lack jurisdiction over it. Find out early whether the operator carries insurance and whether the cruise line required it to name the line as an additional insured.

Releases and waivers

Many excursions require a signed release. Federal law voids cruise ticket terms limiting the cruise line's liability for its own negligence on voyages to or from U.S. ports (46 U.S.C. § 30527), but whether a release signed with a foreign tour operator is valid can depend on where it happened and which law applies. Don't assume a waiver ends your case.

Deadlines and where to sue

Claims against the cruise line usually follow the ticket: written notice within 6 months, a lawsuit within 1 year, in the court the ticket names, often federal court in Miami (46 U.S.C. § 30526). Those cases may involve co-counsel admitted there. See cruise injury claim deadlines and why your ticket says Miami.

What to save from the excursion

• The excursion receipt or booking confirmation, and how it was marketed (brochure, app page, screenshots).
• Names of the guide, the operator and the vehicle or boat.
• Photos and video of the equipment, the site and your injuries.
• Local medical records and any police report.

Use our cruise injury evidence checklist.

More on passenger claims: cruise ship injury lawyer.

General information, not legal advice. Excursion terms vary by cruise line and by tour.