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Fire Kills Three People and One Injured on Oceania Cruise Ship

Written by Spencer Aronfeld on . Posted in Cruise Ship Accidents

Oceania has only five ships in its fleet. The Insignia, Nautica, and Regatta are designed to carry only 684 passengers – while the Marina and Riviera can accommodate up to 1250 passengers.

Fire on Oceania Cruise Ship

In December 2014, just weeks after Oceania Cruises was purchased by Norwegian Cruise Lines, a deadly fire broke out on one of its ships. The fire started in the early morning, in the engine room of Oceania’s Insignia cruise ship while it was docketed in Port Castries, St. Lucia. The accident claimed the lives of two independent contractors and an Oceania crew member. Another crew member was injured on Oceania cruise ship and remains hospitalized. This is the third major fire aboard a cruise ship recently-following the disasters on Carnival’s Triumph and Royal Caribbean’s Grandeur.

Fortunately, none of the 656 passengers were injured in the fire. The ship was in the middle of a 10 day cruise that left San Juan, Puerto Rico on December 7th and was scheduled to return to Miami on December 17th. The remainder of the cruise was cancelled and all of the passengers were flown to Miami. Oceania has arranged accommodations in local hotels until transportation to their cities of origin can be arranged.

We are happy to hear that none of the Insignia’s passengers were hurt, but if they had been injured-even though the ship was docketed in another country any claim would have been required to have been filed in Miami’s Federal Court. The venue selection is found in the tiny print contained in Oceania’s passenger ticket. It says:

ANY CLAIM FOR PERSONAL INJURY, SHALL BE LITIGATED, IF AT ALL, BEFORE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA IN MIAMI, OR AS TO THOSE LAWSUITS OVER WHICH THE FEDERAL COURTS OF THE UNITED STATES LACK SUBJECT MATTER JURISDICTION, BEFORE A COURT LOCATED IN MIAMI-DADE COUNTY, FLORIDA, TO THE EXCLUSION OF THE COURTS OF ANY OTHER COUNTY, STATE OR COUNTRY.

If you have been injured aboard an Oceania cruise ship please contact us for a free initial consultation. Our maritime lawyers are experienced in successfully holding cruise lines like Oceania accountable when their conduct injures passengers and crew members. We work strictly on a contingency basis. That means, unless we are able to obtain money compensation for our clients we do not charge them for our work.

To learn more about our qualifications and experience and how we can assist you-call today: 1-866-597-4529 or email: newcase@aronfeld.com

Disney Christmas Cruises

5 Things to Know Before You Book Your Christmas Cruises

Written by Spencer Aronfeld on . Posted in Cruise Ship Accidents

The holidays are right around the corner and thousands will be taking vacation cruises this year. Christmas cruises attract people from around the world as well as those who live at or near the most popular cruise ship ports in the United States: New York City, Miami, Fort Lauderdale, Port Canaveral, Jacksonville, Galveston or New Orleans.

Most cruise lines like Carnival, Royal Caribbean, Disney and Celebrity deck the halls of their ships, literally, with holiday decorations and Christmas trees in their lobbies, restaurants, and gingerbread houses. There are also Christmas themed activities, concerts and caroling sessions. Disney Cruise line offers perhaps the most family friendly environment for their holiday cruises by providing passengers with: Christmas Eve cookies, special holiday towel animals, religious services and actual gifts for each passenger.

Here are 5 things you need to know before you book your holiday/christmas cruises:

1. Cruise ship passenger injury claims must be filed in Federal Court in Miami, Florida

Carnival, Royal Caribbean, Celebrity, Norwegian require that passenger injury claims be filed in Federal Court in Miami, Florida and except for Disney which forces passengers to file claims in Melbourne, Florida regardless of where the cruise started, ends or where the accident occurs. This means, that if you are hurt on Carnival’s Pride, Splendor or Sunshine ships on your way from Bermuda to New Orleans, your claim must be filed in Miami.

2. Cruise ship accident claims must be filed within one year of the date of the incident

Unlike other personal injury cases like slip and falls, car accidents or medical malpractice cases, admiralty personal injury cases on most cruise lines have a one year statute of limitations requiring that lawsuits be filed within one year of the date of incident. This can be an enormous burden for elderly or severely hurt plaintiffs who may have a difficult time locating and hiring an attorney who can investigate the claim promptly and file the appropriate pleadings in the correct jurisdiction-which is almost always in Miami.

3. Cruise lines are not always responsible to pay your medical bills, travel expenses, or lost wages

Cruise lines are not automatically responsible to pay your medical bills, travel expenses, or lost wages simply because you get hurt on your cruise. A common misconception amongst injured passengers is that the cruise line should reimburse them for all out of pocket expenses associated with an accident aboard the ship. In fact, under Federal Maritime Law, cruise lines are only responsible to pay claims that are caused by the ship’s carelessness in whole or in part. In other words, they ship need not be entirely responsible but partially responsible for a passenger’s broken arm. The key is understanding the difference-which requires the assistance of an experienced cruise ship claims attorney.

4. Cruise lines are not always automatically responsible for accidents in ports and on excursions

For example, Liz Marie Chaparro was a teenage passenger aboard Carnival’s Victory. She died after being hit by a stray bullet in a gang related ambush in St. Thomas while on a public bus that was taking her and her family to Coki Beach. They were not part of a Carnival sponsored excursion, but had chosen the destination based upon recommendations of Carnival’s crew. The lawsuit claimed that Carnival knew or should have known of the dangers of gang activity at Coki Beach and should have warned the family. The wrongful death case was dismissed by a Miami federal court judge and the family successfully appealed. In its brief, Carnival argued that:“Carnival stops at a multitude of ports all over the world. It cannot reasonably be expected to monitor or be aware of every single danger that may arise on any given street throughout a port city and beyond.” Once remanded back to the trial court, the case was settled prior to trial.

5. Be on alert when traveling with young children and teens in these Christmas Cruises

Remember that most cruise ships are nothing more than floating theme parks combined with Las Vegas style casinos. Be on alert when traveling with young children and teens by asking yourself-would you allow your 10 year old child to wander around the streets of New York or play in a Las Vegas hotel pool alone? Some parents in desperate need of a vacation are lulled by the sun and sea into putting their guard down-and allow their children to wander about cruise ships unaccompanied or with older siblings. However rapes and sexual assaults aboard cruise ships are not uncommon. And response to the growing number of reported rapes, assaults and robberies aboard cruise ships President Obama in 0 signed into law the Cruise Vessel Security and Safety Act of 2010 (Safety Act) which only applies to shops that touch U.S. ports. The Safety Act requires ships to could update their safety and security infrastructure by installing peep holes in passenger room doors, installing security video cameras (CCTV) in targeted areas and limiting access to passenger rooms to select staff only during specific times.

Most importantly, the U.S. Coast Guard is required to post a list of incidents on their website that involve homicide, suspicious death, a missing United States national, kidnapping, assault with serious bodily injury . . . or theft of money or property in excess of $10,000. You might want to check out your ship or cruise line before you book your next cruise. Click here to read the Coast Guard’s latest report.

If you have been hurt on a cruise-call us today for a free initial consultation. Since 1991, we have successfully held cruise lines such as Carnival, Royal Caribbean, Norwegian, Celebrity and Disney accountable when they put their profits ahead of passenger safety and have obtained millions of dollars of compensation for injury victims and their families.

Virgin Cruise Lines – Branson’s Latest Venture

Written by Spencer Aronfeld on . Posted in Cruise Ship Accidents

Virgin’s New Venture: A Cruise Line Set To Be Different Than The Rest

It is about time someone other than Carnival Cruise Lines, Norwegian, or Royal Caribbean launched a new cruise ship. According to the NY Times, Richard Branson, the impresario of Virgin’s Airlines and private space shuttles, has announced that Virgin Cruises will be his next big venture. Virgin Cruise Lines will be headed by Disney Cruise Lines’ former president, Tom McAlpin.

According to Branson, Virgin’s ships will be different than the modern mega ships, like RCCL’s new Quantum of the Seas, which are basically a combination of a floating theme park and a Vegas-style resort.

Branson is looking to offer something different–providing an actual connection to the sun and the sea. Virgin didn’t release many details about their two new ships–which are reportedly going to cost a billion dollars to build. But according to Evan Lovell, a Virgin executive, the ships are designed to give passengers a more nautical experience and provide sophisticated indoor amenities designed to look and feel like those of a luxury apartment in Soho.

Wishing The Best To The Future Passengers of Virgin Cruise Line

As a cruise ship passenger injury lawyer, I applaud Mr. Branson’s initiative. I wonder if he is going to avail himself of some of the legal shields that Carnival, Celebrity, RCCL, and other cruise lines have been sheltered by for decades, or if he will put passenger safety ahead of profits. He could start by making his ships safer and focusing on the passenger’s convenience.

For instance, most passengers don’t realize that most cruise ship accident claims have to be filed in Federal Court in Miami–regardless of where in the world the accident happened. This often creates an enormous financial burden for the passenger, who is forced to travel to Miami. I hope that Mr. Branson will consider making the passenger injury claim process more consumer-friendly.

We are passionate about representing passengers who are injured while aboard a cruise ship. The most common type of accident we investigate is when one of our clients has tripped, slipped, or fallen and sustained a serious injury, like a fractured arm or leg. If you have been hurt while on a cruise, call us today at 1-866-597-4529 for a free initial consultation, or email us at newcase@aronfeld.com. Remember that most cruise lines require that claims be filed in the Southern District of Florida (Miami) within one year of the date of the accident. Call us today.