Maritime Claims Against Tour Operators

Injuries During Maritime Tours and Excursions

Boat tours and water-based excursions are often marketed as exciting ways to explore a destination, see wildlife, snorkel, dive, fish, or experience the water. Participants generally expect the companies running those activities to provide reasonably safe equipment, qualified personnel, and appropriate safety precautions.

When those precautions are missing, an excursion can become dangerous quickly

A passenger may be injured because a vessel operator makes an unsafe maneuver, equipment fails during an activity, participants are taken onto the water during dangerous conditions, or employees fail to properly supervise inexperienced guests.

These accidents can occur both aboard a vessel and during activities taking place away from it.

Types of Maritime Tours That Can Lead to Injury Claims

Maritime tourism includes a wide range of activities, and the risks can differ considerably depending on the excursion. Accidents may occur during:

• Sightseeing boat tours
• Snorkeling excursions
• Scuba diving trips
• Fishing charters
• Sailing trips
• Jet ski tours
• Parasailing excursions
• Kayaking or paddleboarding tours
• Whale-watching trips
• Wildlife tours
• Island excursions
• Cruise ship shore excursions
• Private boat charters
• Water taxis and other passenger transportation

Some accidents involve collisions, falls, or unsafe vessel operation. Others occur because participants are given defective equipment, inadequate safety instructions, or insufficient supervision while participating in an activity.

Common Causes of Tour Operator Accidents

Tour operators may be responsible for transporting and supervising people who have little or no experience with boats or water activities. Appropriate safety procedures can therefore be especially important. Potential causes of maritime tour accidents may include:

• Reckless or careless vessel operation
• Excessive speed
• Inadequately trained captains or crew members
• Poorly maintained vessels
• Defective recreational or safety equipment
• Failure to provide appropriate life jackets
• Inadequate safety instructions
• Poor passenger supervision
• Overloaded vessels
• Unsafe boarding or disembarking procedures
• Failure to account for weather or sea conditions
• Failure to warn participants about known hazards
• Collisions with vessels, docks, reefs, or other objects
• Delayed emergency response

Not every maritime accident results from negligence. However, an investigation may examine whether the company operating the excursion took reasonable precautions based on the activity, conditions, and risks involved.

Responsibility for a Maritime Tour Accident

Determining responsibility after a tour accident can be more complicated than identifying the company whose name appeared on the reservation.

The business selling an excursion may not own the vessel or directly employ the people operating it. Some activities involve several businesses working together to market, organize, transport, or supervise participants. Depending on the circumstances, potentially responsible parties may include:

• The tour operator
• The vessel owner
• The vessel captain or operator
• A charter company
• A cruise line
• A resort or travel company
• An equipment rental provider
• A maintenance company
• A manufacturer of defective equipment
• Another contractor involved in the excursion

More than one party may potentially share responsibility when multiple failures contribute to an accident.

For example, a tour operator may fail to inspect equipment while another company supplied the defective equipment that caused the injury.

Cruise Line Shore Excursions

Cruise passengers often book snorkeling trips, boat tours, diving excursions, and other activities through the cruise line before or during a voyage.

However, the cruise line may not actually operate the excursion.

Many shore excursions are conducted by separate tour companies or contractors. Determining whether a cruise line may also bear responsibility can depend on the relationship between the companies and the circumstances surrounding the accident.

An investigation may examine factors such as how the excursion was marketed, what passengers were told about the operator, whether the cruise line knew about safety concerns, and whether the cruise line exercised control over the excursion.

Passenger contracts, excursion agreements, and other documents may also contain important provisions that affect a potential claim.

Safety Equipment and Passenger Instructions

Many maritime activities require specialized equipment or safety procedures.

A snorkeling company may provide masks, fins, flotation devices, and life jackets. A scuba operator may supply breathing equipment and tanks. Parasailing operators use harnesses, tow lines, and other equipment that must function properly.

Tour operators may also need to provide participants with appropriate instructions before an activity begins. Depending on the excursion, this could include information about:

• Proper equipment use
• Emergency procedures
• Water conditions
• Boarding and disembarking
• Restricted areas
• Swimming requirements
• Life jacket use
• Weather hazards
• Signals used by guides or crew members

When inadequate instructions or defective equipment contributes to an accident, those circumstances may become part of an injury investigation.

What if I Signed a Liability Waiver?

Some tour operators require participants to sign liability waivers before boarding a vessel or participating in an activity.

Signing a waiver does not necessarily mean an injured person has no legal options.

Whether a waiver is enforceable can depend on the language of the agreement, the circumstances surrounding the accident, the type of activity involved, and the law that applies to the claim.

Because maritime excursions may involve federal maritime law, state law, foreign law, or contractual provisions, determining the effect of a waiver can require a careful review of the documents involved.

Keep copies of any waivers, tickets, booking confirmations, or other agreements you received.

Evidence After a Maritime Tour Accident

Evidence can become difficult to obtain after a maritime accident, particularly when an excursion took place far from home or in another country. Helpful evidence may include:

• Photographs and videos
• Witness contact information
• Vessel surveillance footage
• Booking confirmations
• Excursion advertisements
• Passenger tickets and contracts
• Liability waivers
• Incident reports
• Medical records
• Communications with the tour operator
• Vessel maintenance records
• Equipment inspection records
• Employee training records
• GPS or navigation information
• Weather and water conditions

Photographs of the vessel, equipment, accident location, and visible injuries may also help document conditions shortly after the incident.

Compensation After a Maritime Tour Accident

Maritime excursion accidents can cause serious injuries, including broken bones, traumatic brain injuries, spinal cord injuries, drowning-related injuries, burns, lacerations, and other harm.

Depending on the circumstances, an injured person may be able to pursue compensation for losses such as:

• Medical expenses
• Future medical care
• Lost income
• Reduced earning capacity
• Pain and suffering
• Disability
• Rehabilitation expenses
• Other accident-related losses

Fatal maritime tour accidents may also allow certain family members or the person's estate to pursue a wrongful death claim, depending on the circumstances and applicable law.

Morgan & Morgan May Be Able to Help

A maritime tour accident can leave you trying to determine who operated the excursion, who owned the vessel, whether another company was involved, and what laws apply to your case.

Morgan & Morgan's maritime accident attorneys can investigate the circumstances surrounding the accident, preserve important evidence, identify potentially responsible parties, and fight for the compensation you may deserve.

Contact Morgan & Morgan for a free, no-obligation case evaluation. With The Fee is Free® promise, you pay nothing unless we win your case.