Waivers for “Cruises to Nowhere”: Are They Enforceable?

Understanding Cruises to Nowhere

A cruise to nowhere is a voyage that departs from a port, travels on the water, and eventually returns passengers to the same port without stopping at another destination.

These trips may include sightseeing cruises, dinner cruises, fishing charters, diving excursions, recreational tours, and other voyages where the experience aboard the vessel is the primary attraction.

Before participating, passengers may be asked to sign a liability waiver or release. These agreements often attempt to limit the operator's responsibility if someone is injured during the trip.

Whether that waiver actually prevents an injury claim is a separate question.

Liability Waivers in Maritime Injury Cases

A liability waiver is a contract in which a participant agrees to give up certain legal rights before taking part in an activity

In maritime cases, waivers may address accidents caused by inherent risks, ordinary negligence, equipment problems, or other potential hazards.

However, signing a waiver does not automatically end an injured passenger's ability to bring a claim.

Courts may examine the wording of the agreement, whether the waiver clearly identifies the rights being released, the conduct that caused the injury, the relationship between the parties, and the laws governing the voyage.

Federal Law and Same-Port Voyages

Federal law provides important protections for passengers traveling between certain ports.

Under 46 U.S.C. § 30527, vessel owners and certain other parties generally cannot use a contract to eliminate liability for personal injury or death caused by their negligence when transporting passengers between U.S. ports or between a U.S. port and a foreign port.

The situation can be different when the vessel leaves from and returns to the same port.

That does not mean every waiver on a cruise to nowhere is valid. It simply means that this particular federal statute may not automatically invalidate the waiver in a same-port voyage.

Factors Affecting Waiver Enforceability

Whether a maritime liability waiver can be enforced depends on the specific agreement and circumstances surrounding the accident. Relevant factors may include:

• Whether the waiver clearly explains the rights being released
• Whether the agreement specifically addresses negligence
• The type of voyage or recreational activity involved
• Where the accident occurred
• Whether federal maritime or state law applies
• The conduct that caused the injury
• Whether the claim involves ordinary negligence or more serious misconduct

Courts generally scrutinize agreements that attempt to release someone from responsibility for their own negligence.

Waivers that are unclear, overly broad, inconsistent with applicable law, or contrary to public policy may face challenges. Claims involving gross negligence, reckless conduct, or intentional wrongdoing may also raise different issues from claims involving ordinary negligence.

Injuries During Cruises to Nowhere

Passengers can be injured during same-port voyages in many of the same ways they can be injured on other vessels. Potential accidents may involve

• Slips and falls
• Vessel collisions or groundings
• Sudden vessel movements
• Unsafe boarding or disembarking
• Defective equipment
• Fires or explosions
• Diving or snorkeling accidents
• Propeller injuries
• Falls overboard

An injury investigation may focus not only on the waiver but also on what actually caused the accident.

A signed agreement does not determine whether the vessel was negligently operated, whether equipment was properly maintained, or whether appropriate safety precautions were followed.

Evidence After an Accident

Keeping the documents associated with the trip can be especially important when a liability waiver may become part of an injury claim. Potentially useful evidence may include:

• The signed waiver or release
• Tickets and booking documents
• Photographs and videos
• Witness statements
• Incident reports
• Vessel and maintenance records
• Advertising or descriptions of the activity
• Medical records

Passengers should keep a copy of the actual agreement they signed whenever possible rather than relying on a later version supplied by the operator.

Morgan & Morgan May Be Able to Help

A liability waiver can make a maritime injury claim more complicated, but signing one does not necessarily mean you gave up every right to compensation.

Morgan & Morgan's maritime accident attorneys can review the waiver, investigate how the accident occurred, determine which maritime laws may apply, and identify potentially responsible parties.

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