Cruise Ship Deaths and the Death on the High Seas Act

Introduction: What Happens When a Loved One Dies at Sea?

Cruise ship vacations promise adventure, relaxation, and luxury, but accidents can and do happen. From cruise ship wrongful deaths to excursion-related injuries, passengers and their families often struggle to seek justice due to outdated maritime laws. One such law, the Death on the High Seas Act (DOHSA), significantly limits compensation for families of those who die more than three nautical miles from U.S. shores.

If you or a loved one has suffered an injury or wrongful death while on a cruise ship, shore excursion, or water activity, this guide will help you understand:
✅ How DOHSA applies to cruise ship deaths
✅ Why families may struggle to recover full compensation
✅ Legal options for injuries and fatalities on cruise excursions
✅ Steps to take if your loved one is injured or killed at sea

What Is the Death on the High Seas Act (DOHSA) and How Does It Affect Cruise Ship Deaths?

DOHSA (46 U.S.C. § 30301, et seq.) is a federal maritime law that governs wrongful deaths occurring more than three nautical miles from U.S. shores due to negligence, wrongful acts, or vessel unseaworthiness.

Key Facts About DOHSA:

✔ Applies to all deaths on the high seas (including cruise ship passengers, crew members, and excursion participants)
✔ Only allows economic damages – NO compensation for pain, suffering, or loss of companionship
✔ Excludes deaths in state territorial waters (different laws apply within three miles of shore)
✔ Affects wrongful-death lawsuits against cruise lines, tour operators, and water activity providers

DOHSA is highly restrictive, preventing grieving families from recovering full compensation for their loss. This is especially problematic for elderly cruise ship passengers, whose families may only receive minimal damages for lost services and funeral costs.

How Does DOHSA Impact Cruise Ship Wrongful Death Lawsuits?

Cruise Ship Passenger Deaths at Sea

Cruise ships often travel into international waters where DOHSA applies, significantly limiting survivors’ ability to seek damages. Even if a cruise line’s negligence caused the death, families are only entitled to:
💰 Loss of financial support (if the deceased provided income)
💰 Loss of household services (cleaning, caregiving, etc.)
💰 Loss of inheritance (if the deceased would have accumulated assets)
💰 Funeral expenses (only if paid by dependents)

❌ NO compensation for loss of companionship, love, emotional distress, or pre-death pain and suffering.

🚢 Example: A cruise ship passenger contracts COVID-19 due to onboard negligence and later dies. Under DOHSA, the family cannot recover damages for pain and suffering, only limited economic losses.

A Brief History of Maritime Wrongful Death Laws

Before DOHSA, there were no legal remedies for deaths on the high seas. The 1886 Supreme Court case The Harrisburg ruled that survivors had no right to sue for wrongful death at sea under general maritime law.

To address this legal void, Congress enacted DOHSA in 1920, alongside the Jones Act, which provided remedies for seamen injured or killed due to their employer’s negligence.

In 1970, the Supreme Court’s decision in Moragne v. States Marine Lines expanded maritime wrongful-death claims to include general maritime law claims within state waters. However, DOHSA’s strict limitations on damages remained untouched.

The Controversy Surrounding DOHSA

1. Limited Compensation for Grieving Families

One of the biggest criticisms of DOHSA is that it precludes nonpecuniary damages such as:
❌ Loss of companionship
❌ Emotional distress
❌ Pre-death pain and suffering

For example, if a person dies two miles from shore, their family can seek damages for emotional distress and pain and suffering. But if the death occurs beyond territorial waters typically more than 3 miles out, DOHSA applies, and the family is only eligible for limited economic damages.

The Impact on Cruise Ship Deaths

DOHSA has played a crucial role in wrongful-death claims against cruise lines. Courts have consistently ruled that DOHSA applies to passenger deaths on the high seas, even in cases where negligence occurred on land.

Unfortunately, many wrongful-death cases involving elderly cruise passengers result in minimal compensation due to DOHSA’s limits, as these passengers often lack financial dependents.

Statute of Limitations

The DOHSA statute of limitations is three years from the date of death. However, cruise lines often impose a shorter one-year limit in passenger contracts, which courts have upheld.

Is DOHSA Outdated?

For over 100 years, DOHSA has remained largely unchanged, despite repeated attempts to modernize it. Critics argue that the law is archaic and unfairly limits compensation for grieving families, particularly in cruise ship deaths.

🔹 Key Takeaway: If your loved one dies at sea, DOHSA could severely restrict your legal options. It’s crucial to consult a maritime attorney to understand your rights and potential remedies.

Excursion Accidents: Who Is Liable for Injuries or Deaths During Cruise Activities?

Many cruise passengers participate in shore excursions such as:
🏄 Jet skiing, parasailing, or scuba diving
🚢 Tender boat transfers (small boats transporting passengers to shore)
🛶 Kayaking or snorkeling tours
🎢 Adventure park or zip-line activities
🚗 Bus or taxi excursions organized by the cruise line

If a wrongful death or injury occurs during an excursion arranged by a cruise line, DOHSA may apply if the accident happens more than three nautical miles from shore. This means families and victims may face the same restrictive damages limitations as cruise ship deaths.

🔹 Example: A cruise ship passenger drowns while on a snorkeling excursion in Mexican waters. If the accident happens more than three miles offshore, DOHSA could prevent the family from seeking full damages.

Key Legal Considerations for Excursion Injuries and Deaths:

✅ Where did the accident occur? If within three miles of shore, local laws may apply instead of DOHSA.
✅ Who was responsible? Cruise lines often claim excursions are operated by third-party vendors, limiting their liability.
✅ What damages can be recovered? DOHSA blocks non-economic damages, so families of deceased passengers may receive very little compensation.

The Harsh Reality of DOHSA for Families Seeking Justice

DOHSA Favors Cruise Lines and Limits Passenger Rights

Cruise lines and their legal teams rely on DOHSA to minimize payouts in wrongful death lawsuits. This outdated law was originally created to protect shipping companies, not modern-day cruise passengers.

DOHSA does NOT apply to aviation deaths, meaning families of plane crash victims can recover full non-economic damages, while cruise ship victims’ families cannot. This discrepancy has led to repeated calls for reform, but powerful maritime industry lobbyists have prevented meaningful change.

🚢 Example: A tourist dies in a zip-line accident onshore during a cruise excursion. Because the accident occurred on land, DOHSA does NOT apply, and the family may pursue a full wrongful-death claim. However, if the same person had died in a parasailing accident three miles offshore, DOHSA would apply, blocking non-economic damages.

What Should You Do If a Loved One Dies on a Cruise Ship or During an Excursion?

If you experience a wrongful death or serious injury during a cruise vacation, follow these steps:

1️⃣ Document Everything – Take photos, get witness statements, and collect excursion brochures or contracts.
2️⃣ Request Medical Reports – If the ship’s medical team treated the deceased, obtain all medical records.
3️⃣ Check the Location – If the death happened within three miles of shore, DOHSA may not apply.
4️⃣ Consult a Maritime Attorney – DOHSA cases are complex, and experienced legal representation is essential.
5️⃣ Act Quickly – Maritime claims often have strict deadlines. Cruise contracts may require legal action within one year.

⚠️ Do NOT rely on the cruise line for assistance. Their goal is to limit liability and minimize compensation. Seek legal counsel immediately.

Conclusion: Why DOHSA Needs Reform for Cruise Ship Deaths and Excursion Accidents

For over 100 years, DOHSA has remained largely unchanged, leaving grieving families without full legal recourse. This outdated law protects cruise lines at the expense of passenger rights, leading to unfair and often heartbreaking outcomes.

🔹 If your loved one dies in a cruise ship accident or excursion injury, you may face serious legal challenges under DOHSA.
🔹 Because cruise lines often rely on DOHSA to avoid liability, hiring an experienced maritime attorney is crucial.

🚢 Don’t let maritime law loopholes prevent you from seeking justice. If you or a loved one has suffered a cruise ship wrongful death or excursion injury, contact a maritime lawyer today to understand your rights.

Have Questions About Maritime Law?

If you or a loved one has suffered a loss at sea, contact a our firm who specializes in wrongful-death claims. Understanding DOHSA’s limitations can help you navigate this complex area of law and seek the justice your family deserves.

Contact a Holzberg Legal today for a free consultation. Understanding your legal options is the first step toward justice.