Duty of Care on Cruise Ships, Ferries, and Tour Boats

A passenger on a ferry or a dinner cruise has handed his safety to strangers. He does not know where the life jackets are kept, what the alarm signals mean, or whether the person at the helm is paying attention. He is not supposed to have to know. That is the deal.

When a passenger is hurt or killed, the case usually turns on whether the crew held up its end of that deal.

The basic duty

Under general maritime law, a vessel owes the people lawfully aboard reasonable care under the circumstances. The Supreme Court set that standard in Kermarec v. Compagnie Generale Transatlantique (1959). "Under the circumstances" does a lot of work. A crowded ferry crossing a busy bay at commuter speed calls for more care than a slow harbor tour on a calm afternoon. A dive boat carrying people who will spend the day in the water calls for different precautions than either.

On top of that duty sit the Coast Guard rules. Small passenger vessels are inspected under 46 CFR Subchapter T or Subchapter K depending on their size and the number of passengers they carry, and larger passenger vessels fall under Subchapter H. Those rules cover equipment, manning, stability, fire protection, lifesaving gear, and drills. The vessel's certificate of inspection lists what it must carry and how it must be crewed.

The questions I start with

Who was at the helm, and were they watching? On smaller passenger vessels the captain is often the only person in the wheelhouse. Whether one person can safely steer, navigate, and keep a proper lookout at the same time depends on the vessel, the speed, the traffic, and the visibility. It is a fair question in every case, and distraction from phones and screens has made it a more common one.

Was the crew ready for an emergency? Drills are required. The records show whether they happened. Interviews and testimony show whether the crew actually knew what to do when the real thing came.

Did anyone plan for a medical emergency? Passengers have heart attacks, asthma attacks, and seizures. A vessel that is two hours from the dock needs a plan for getting a sick passenger to help, and a crew that knows the plan.

How were people boarded and moved around the vessel? Gangways, ramps, tenders, stairs, and wet decks are where many passenger injuries happen. Lighting, handrails, crowd control, and crew stationing all matter.

Was the decision to sail reasonable? Weather, sea state, visibility, and the vessel's limits. Every captain has felt pressure to keep the schedule. The question is whether that pressure won out over judgment.

Was the vessel within its limits? Passenger counts compared with the certificate. Routes compared with what the vessel was approved for.

Records worth asking for early

• Certificate of inspection and any recent Coast Guard deficiencies
• Crew list, licenses, and training records
• Drill logs and emergency procedures
• Passenger counts for the trip
• Deck and engine logs, and any video from the vessel or the terminal
• AIS data and radio recordings
• The company's operations manual and any safety management system
• The CG-2692 marine casualty report, if one was filed

Video, in particular, tends to disappear quickly. A preservation letter on day one is worth sending.

Limitation of liability

Passenger vessel casualties often lead to a limitation proceeding, where the owner asks a federal court to cap liability at the value of the vessel. Congress amended the Limitation of Liability Act in late 2022 so that it no longer applies to many small passenger vessels. Whether a particular vessel falls inside or outside that change is a legal question for counsel, but the facts behind it (the vessel's size, passenger capacity, and service) come straight from its certificate.

Cruise ships

Cruise ship cases bring their own layer: passenger ticket contracts with short notice and filing deadlines, foreign-flag vessels, and very large crews. The operational questions stay the same. What did the crew know, what were they trained to do, and did they do it?

Where an operations expert fits

I evaluate the vessel side of these cases: navigation, crew practice, drills, emergency response, and whether the operation matched the rules and the company's own procedures. Medical questions belong to medical experts. Good passenger cases usually need both.

About the author

Captain Mitchell S. Stoller is a Master Mariner Unlimited, former Exxon tanker master, and former Los Angeles Harbor pilot. About Captain Stoller