While a cruise ship moves, it is still a built environment that must adhere to safety standards. For cruises originating in US ports, attorneys can often leverage US Coast Guard regulations and the Americans with Disabilities Act (ADA) to establish the standard of care.
Defense counsel often claims the “Perils of the Sea” (ship movement) caused the fall. We use forensic engineering principles to prove it was the facility, not the waves.
1. ADA Non-Compliance as Negligence
The Supreme Court has ruled that the ADA applies to cruise ships in US waters. This includes requirements for ramp gradients, threshold heights, and accessible pathways.
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The Analysis: If a passenger trips over a coaming (doorway threshold) that exceeds ADA height limits without a proper ramp or warning, the violation of this US federal statute is strong evidence of negligence.
2. Coefficient of Friction (COF) Analysis
We evaluate deck surfaces against ASTM Standards (recognized in US courts) for slip resistance.
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The Defect: Many “luxury” finishes used on pool decks become unreasonably dangerous when wet. If the COF tests below the accepted safety standard (typically 0.60), the deck itself is a defective condition, regardless of sea state.
3. Constructive Notice under Federal Law
To prevail in Federal Court, a plaintiff must usually prove the ship had “notice” of the hazard.
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CCTV Forensics: We meticulously review surveillance footage to establish “Constructive Notice.” Did a crew member walk past the spill 15 minutes before the fall? Under US maritime precedent, that 15-minute window is often sufficient to establish that the ship should have known about the danger.
The Takeaway A ship is not exempt from safety codes. By applying US standards like the ADA and ASTM to the vessel’s condition, we help attorneys defeat the “it was just a wave” defense.