The exciting experience of a Disney Cruise Line vacation was interrupted by a 5-year-old passenger falling overboard from the M/V Disney Dream early last week. The harrowing incident thankfully ending in a successful rescue, has drawn national attention—not just because of the miraculous outcome, but also due to broader safety concerns about man overboard (MOB) events at sea (See Part 1 and Part 2 of this series for a more information about the incident and MOB safety tips).

Here’s what we can learn from the M/V/ Disney Dream incident—and what you need to know to stay safe and respond effectively if someone falls overboard from a cruise ship, as well as your legal options if you are injured.

If I Fall from the Ship and am Injured, Do I have a Claim?

Cruise ships have a legal obligation to provide a safe environment. A cruise line may be held liable if a passenger falls and is injured due to:

• Ship or crew negligence;
• Inadequate safety protocols;
• Poor vessel or equipment maintenance;
• Inadequate crew training.

If negligence is proven, victims or families may be able to pursue legal claims for:

• Medical costs;
• Emotional distress;
• Lost income;
• Wrongful death damages.

Understanding Your Legal Rights

When you purchase a ticket for a cruise, you are entering into a contract with the cruise line. Included in this contract are specific limitations on your legal rights. One of the most critical of these is the Statute of Limitations—the deadline by which you must file a legal claim if you are injured or become ill during your cruise.

• Most cruise lines include strict legal terms in their ticket contracts, including a much shorter Statute of Limitations than typical injury claims on land.
• Most cruise lines require written notice of injury within six months—and some require that any lawsuit be filed within that same timeframe. Often, receiving treatment from ship doctors or talking to staff does not count as official notice of a legal claim.

Even if the cruise line offers compensation or cruise credit, it doesn’t pause the legal clock. To protect your rights:

• Document EVERYTHING: Keep detailed records of medical treatment, including but not limited to date, location, and the nature of the injury/illness while both on the ship and after disembarking, as well as the dates and names and of those you spoke to and ANY written communication. 

Don’t Forget to Check/Collect:

• Security Footage: Extensive surveillance systems monitor and record public areas on cruise ships, and can be used to review and provide evidence related to the incident.
• Eyewitness Testimony: Passengers and crew can provide insight into what occurred.

• Send a formal, written notice of your claim outlining your injury and intent to seek compensation.
• DON’T DELAY—waiting could mean losing your chance at compensation.
• Consult a maritime attorney as quickly as possible (like the team here at Herd Law Firm!) to navigate this process.

Cruising is magical—but make sure you’re covered if things go wrong. Know your rights, act quickly, and don’t let legal fine print sink your claim.

If you or a loved one have been the victim of such an incident, contact an attorney experienced in maritime law and personal injury law such as the team here at Herd Law Firm, to explore and discuss your options.

Final Tips for Staying Safe on a Cruise:

• Never sit on, climb, or lean over railings, no matter how tempting, for a photo or view.
• Always supervise young children on open decks or balconies.
• Teach kids cruise safety rules just as you would teach them about crossing a street.
• Avoid excessive alcohol, especially near railings or pools.
• Report any risky behavior or unsecured areas to the crew immediately.

We at the Herd Law Firm are proud to fight for seamen, maritime workers and passengers in all types of personal injury and death claims. As maritime personal injury attorneys (and sailors ourselves!) located in northwest Houston, we never waver in our commitment to help these maritime workers, passengers, and their families when they are injured or mistreated.

7/10/2025

Sources: Cruise Lines International Association (CLIA) (Read 2025 report here), International Cruise Victim Lawyers Association (ICVLA.org), Disney Cruise Lines, Maritime Safety Consultants, Inc., U.S. Coast Guard , U.S. Army Corps of Engineers, Defense Visual Information Distribution Service (DVIDS)