Cruise line food allergy negligence - what is the best way to complain to get compensation?

My 4 year old daughter had severe allergy to milk, eggs and nuts. We went to ER 3 times before she was 3, and now carry an Epi-pen everywhere we go. We booked a cruise holiday specifically because they have "long accommodated requests from guests... who face serious food allergies".

Per cruise line requirements, we provided a list of acceptable foods in advance, and on the boat, we spoke with our head waiter about our daughters allergy and passed on the list again to him.

After a couple of days, there was a mix up. We requested a "rice pudding" at dinner. When it was served, we asked to confirm it was made with Soy, to which the Head Waiter said yes. 1 minute after eating it, my daughter coughed twice, then vomited. We rushed her back to our room and gave her antishistamine (about 5 minutes later) and called the medical facility, who agreed to see us immediately. Any parent will know the look my wife gave me when we were in the lift on the way down to deck 1.

As it turns out, the reaction was not as severe as the last time, and she recovered within a couple of doses of antihistamine. (By the way the medical staff were wonderful). We don't know what would have happened without the quick dose of antihistamine.

I complained. We got calls from several people. The Head Chef was not aware there was an allergic child on board. The Head Waiter still had our list in his pocket. The rice pudding was made with cow milk and egg. On my request, the Dining Director reassigned another head waiter to our table, and took a personal interest in our daughter's wellbeing.

I applaud the cruise line for trying to provide the service for food allergies. Most places will not serve anything. But why does it take a potentially life threating event for them to deliver on their stated goal?

I want money back for ruining our holiday. I don't want to sail with the same cruise line again, so I prefer not to have a credit. I want the cruise line to change so that someone else with a potentially life threating allergy does not get killed.

How can I achieve all these goals?

Thank you to anyone who got to the end of my question without giving up! :)

Suing a cruise line can be very difficult, because often times they are not governed by U.S. laws, but rather by international law. So what jurisdiction the cruise line falls into can be a fuzzy issue.

If the cruise line has a corporate office in the U.S., you would have to file a lawsuit in that state. And, all proceedings would take place in that state as well. Also, usually you have to file within 30 days on the end of the cruise.

You can try writing to the company president and explain what happened, and see if you can get any compensation that way.

It may be in your best interest to just be thankful your daughter is alive and leave it at that.

Your odds of winning against a cruise line, in this case, would probably be pretty slim.

You need to find a copy of your cruise contract. Also, referred to as Contract of Carriage to find out what, if any, your options are.

i think i would consider getting some legal advice.
the documents you sign before getting on board exempt the cruise lines from many liabilities.
but to be sure about your situation
that is what i would do
good luck
sorry for your scare on your cruise.


cruisecritic.com

You need an attorney who is experienced in maritime law. Depending upon where you live, that might be a challenge!

If you go back and read the small print on all those documents you signed, chances are you will be unable to pursue this legally. If you do wish to attempt it, you will probably have to file the lawsuit in the home port of the cruise lines - which will not be in the US.

I think your best bet is to take it to the media. There are only a handful of Cruise lines out there and they are very competitive with each other. Make a stink. I don't know if you'll be able to get a refund, but the publicity will force them to re-think their 'food allergy' policy. They make stop making claims they can't backup or they'll fix the communication problem that created the issue to begin with.

I know this isn't what you want to here, and I wish I could give you a more satisfying answer, but the truth is that cruise lines have very limited liability on this sort of thing. And they home port in countries that will support them. Good luck to you.