Florida Injury Lawyer Blog

Effectively representing a passenger injured on a cruise ship is often very complicated for lawyers. The most difficult task is making sure that the claim is properly filed in the correct court before the statute of limitations expires. Statues of limitations are legal deadlines that mandate certain actions to take place or a law suit will get dismissed.

Most cruise ship claims fall under general maritime law; however, cruise ships have additional specific laws that apply to injured passenger claims. For instance, cruise lines often place special provisions into their passenger tickets that shorten the amount of time required to initiate a claim. For example, a slip and fall in Florida shopping mall, in most cases, gives the injured four (4) years to file a law suit. If the fall occurs on a cruise ship, however, the time is shortened to one (1) year. This can often lead to missed statutes of limitations, especially when claimants or their lawyers try to negotiate a settlement to avoid the cost of filing fees during the year following the fall. Once the year is up, suddenly the cruise line stops returning calls or pretends to be "working on a settlement," forcing the injured to file a law suit only to realize the statute of limitations expired. Cruise lines routinely get these cases dismissed and unrepresented claimants are left with no recourse or their attorneys are forced to put their legal malpractice carriers on notice.

Another cruise line defense is to force all claims to be filed in Federal Court in Miami, Florida. This is often referred to as the Forum Selection Clause. Federal Court in Miami may be the appropriate forum even when the ship, passenger, or crew has no connection to Miami. For instance, a Saudi citizen on a cruise departing from Barcelona, Spain, who slips and falls and is injured while the ship is embarking from Nice, France, may have to still file her claim in Miami, Florida. And of course, this must be done within one year. Cruise lines have been uniformly successful in getting cases dismissed when they are filed in the wrong jurisdiction or venue. For example, filing the claim in Miami-Dade Circuit Court and not the Southern District of Florida, in Miami, could result in having the entire claim dismissed.

The leading case which recognized the validity of a forum selection clause in a passenger ticket contract involved Carnival Cruise Lines. The name of the case is Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585; 111 S.Ct. 1522 (1991). In this case, the United States Supreme Court ruled that forum selection clauses should be enforced so long as the clause is not unreasonably burdensome on the party seeking to escape it. The passengers were from Washington and were injured on a Carnival Cruise ship in international waters off the coast of Mexico. The passengers filed the law suit in Washington and the case was dismissed. The appeal went all the way to the Supreme Court. It was ultimately held that the passengers had bought the ticket and no one had forced them to go on the cruise, so the forum selection of Miami was not unreasonable.

To complicate matters even more, the majority of cruise line vessels are purposely registered in non-US territories. This is done because the laws of these other countries are less favorable to the rights of injured passengers.

If you are hurt on a cruise liner it is important to take immediate action to protect your legal rights.

1. Make sure the incident is reported to the ship's security department immediately. Failing to report an incident will give the ship a strong argument to deny the event ever occurred.

2. Obtain a copy of the written report and refuse to sign anything written in the report.

3. Get witnesses' names, email addresses, phone numbers and hopefully photos of anyone who witnessed either the event, clean up, or your injury.

4. If injured, go to the infirmary and seek immediate medical care. Obtain the names of the people who treat you and make sure you give an accurate medical history of any prior injuries.

5. If the ship is unable to provide you with adequate care, seek medical care at the next port of call. Let the ship's personnel know you are going to the hospital. At this point, your health is more important than the cruise.

6. Contact an experienced passenger injury lawyer immediately to preserve your legal rights.

Passengers are often injured on cruise ships by slipping and falling at the pool or water slides, from bad food, or by assault. As a cruise ship injury lawyer, I am committed to protecting the legal rights of those injured aboard a cruise ship.

As a Florida maritime injury attorney I am saddened but not surprised to learn a Brazilian citizen, Luiz Scavone, 20, is being charged along with his 15-year-old brother--the sons of a Brazilian lawyer--are accused of sexually assaulting a teenage girl from Iowa on the last day of a holiday cruise aboard the cruise ship Royal Caribbean's Allure of the Seas. The older brother is being held without bail at the Broward County Jail. The charges are lewd and lascivious battery on a victim younger than 16 years of age and older than 12. It is a second-degree felony, punishable by up to 15 years in prison. Mr. Scavone has denied the allegations.

Sexual assaults on cruise ships are not uncommon. In fact, of the 206 reported crimes aboard cruise ships the overwhelming majority are sexual assaults. Many passengers wonder why. As a Fort Lauderdale cruise ship injury attorney, I believe many passengers, especially those with teenage children, greatly over estimate the safety of a cruise ship. Our maritime injury lawyers believe that today's cruise ships are essentially floating cities and there is no background screening of passengers. One could be sharing a cabin or meal with a convicted felon or sexual predator or someone who has violated parole. You never know. We recommend that people on cruise ships exercise extreme care conduct themselves as if they are in any large city. Passengers should consider the following before taking your next cruise.

1. When walking about the ship always be alert for dark hallways or open cabin doors.
2. Never leave children or young teens alone.
3. Do not assume that ship has sufficient security to protect you in all areas of the vessel.
4. Do not ever become intoxicated on board a cruise ship.
5. Lock cabin doors whenever you are inside the cabin.
6. Date rape drugs are easily obtainable on the black market, especially in foreign ports. Never accept a drink from a person you do no know, no matter how flattering, and always be sure you see the bartender or server pour your beverage directly from the source.

Cruise ships are required to report all allegations of serious crime to the appropriate law enforcement agencies. If the crime involves a U.S. citizen at sea, anywhere in the world, it must be reported to the FBI regardless of where the ship is registered. Yet it is believed that most sexual assaults crimes on cruise ships go unreported because most cruise ship lines leave it up to the victim to report the incident to the FBI. Many victims experience embarrassment and humiliation that prevent them from coming forward.

As a Florida sexual assault victim's lawyer, I recommend that even when on a cruise ship, it is important to report the incident as soon as possible to the authorities so that evidence can be obtained and preserved. Once passengers are permitted to disembark it is unreasoning difficult to capture a fleeing suspect.

Our Cruise line injury lawyers are deeply saddened to learn, that at least three passengers aboard the Costa Concordia were killed, when the ship carrying over 4,200 passengers and crew, on a week-long cruise apparently ran aground. The ship is part of the Costa Cruise Company, which is a wholly owned subsidiary of Carnival Cruise Lines. As such Florida may be the appropriate venue for victims to file claims even though the disaster occurred in Italy.

Underwater rescue divers are searching cabins for up to 41 passengers that are still missing in a scene that looks like the movie, "Titanic."

The Italian Coast Guard is concerned about the environmental impact of the disaster. So far, no oil had leaked out of the ship. According to the New York Times, the Italian Coast Guard is optimistic that the ship is not going to slide further down.

How this cruise ship accident happened and why; is of particular concern for me as a Florida lawyer who sues cruise lines. There is some indication that the cruise ship was off course and in shallow water filled with reefs when an electrical failure may have sent the boat out of control. Passengers were apparently told that there was nothing was wrong -- until suddenly the ship began to list over. The crew's reaction to this emergency appears to be cruise line operational negligence. Cruiselines have a legal obligation to provide a safe evacuation plan in case of disaster.

The ship's captain, Francesco Schettino, and the first officer were arrested and charged with manslaughter for failure to render assistance and for abandoning ship. Shortly before being arrested Captain Schettino told Italian television that his ship had hit an unmarked reef.

Our Miami cruise-ship accident law firm believes that this was an avoidable tragedy. There is no excuse with modern maritime technology to hit a "hidden reef" or "submerged rock." We want to express our condolences to those that lost loved ones aboard the Costa Concordia.

It is a new year and cruise lines, like Carnival Cruises, Royal Caribbean, Celebrity Cruises, Costa Cruises, Discovery Cruises and Disney Cruise Line are all eager to attract those seeking an exciting cruise vacation. However, as an injured Cruise passenger lawyer, I am sure many of those heading to airports around the world to board one of the ships that conveniently cruise out of Fort Lauderdale, Miami and Port Canaveral will be surprised to know that, regardless of where the ship sails to, from or visits, if an accident or injury occurs on board the ship, the claim will have to be filed here in Miami in the United States District Court for the Southern District of Florida. What may even be more surprising is that claims have to be filed in court within one year of the accident.

This takes many victims of a cruise ship slip and fall accidents by surprise as most states in the United States, including Florida, have a four year statute of limitations for a port side slip and fall. In other words, if you were to trip and fall over a defective tile in a port terminal in Florida the statute of limitations would be 4 years from the date of the fall. Walk up the gang plank and trip on board a Carnival Cruise Ship or a Norwegian Cruise Line Ship just a minute later and your legal right to sue Carnival goes from 4 years to 1.

Today's modern cruise ships are like floating cities. For instance the Carnival Dream has a nearly 5000 passenger and crew capacity, open 24 hours with restaurants, spas, bars and casinos. Since Federal Law applies to injuries on board a ship or in port, it is important to consult with experienced cruise injury lawyers immediately after an incident has occurred.

In April 2010 sixty passengers aboard the Carnival Ecstasy were injured when the boat leaned suddenly to the left in the middle of the night in order to avoid a large buoy that was submerged off the coast of Mexico. Some frightened passengers thought the ship was going to sink. Carnival claimed that they had to do the emergency maneuver to avoid the buoy which was " undetected" by the ship's radar.

Cruise ship accidents can occur from slipping, tripping or falling on wet or improperly maintained surfaces. We recommend that if you are injured aboard a cruise ship you seek immediate medical attention, photograph the scene of the incident, particularly including what caused you to fall, and keep a detailed record of the names of any witnesses and crew that may have seen your accident and who come into contact with you. Also it is essential that you keep a copy of your cruise ship ticket also known as a contract of carriage as many cruise lines require it be attached to a complaint for a personal injury on a cruise.

As a Florida cruise ship passenger injury lawyer I was disappointed that Holland American Cruise Line won a substantial case in front of the 9th Circuit Court of Appeals this week in defending an appeal brought by its passenger, Gerald Samuels. Mr. Samuels alleged that while he and his two children were on a seven-day Holland American cruise in November 2008 he was injured while in the port of Cabo San Lucas, Mexico.

According to Mr. Samuels he had never been to Cabo San Lucas before and had asked several "unidentified" Holland American crew members about the possible on-shore activities. He testified that he was assured that a visit to Lover's Beach, located at the very tip of the Baja Peninsula separating the Sea of Cortez and the Pacific Ocean via tender, was safe. He was also promised that he would return in time for the ship's departure. Lover's Beach is a public beach and there are no lifeguards or warning signs regarding any potential dangers.

Upon arriving at the port, he and his children were met by a tender operator who agreed to drop the family off at Lover's Beach. After wading in the water for about five minutes on the Sea of Cortez side, Mr. Samuels decided to swim in the Pacific Ocean side. Within moments of entering the Pacific Ocean side, he testified that he felt "pulled upside down" and hit his head on the ocean floor. He claims he sustained significant and severe brain damage, central-chord syndrome and is now a quadriplegic.

He sued Holland American for negligence and alleged that the ship's crew owed him a duty to warn him of the dangers of swimming in the Pacific Ocean side of Lover's Beach and that, had he received such warnings, he never would have entered the ocean. Holland American entered evidence that in 27 years of sailing to Cabo San Lucas they have never received any complaints or claims regarding the Pacific Ocean side of Lover's Beach and owed no duty to warn Samuels of an unknown danger for a shore-side activity.

The district court granted Summary Judgement in favor of the cruise line and struck the evidence proffered by Samuels. The appellate court affirmed it and stated that in order to recover for negligence against a cruise line an injured passenger must establish the following:

1. Duty
2. Breach
3. Causation
4. Damages

Citing the case of Morris v. Princess Cruise Line, Inc. " ...the owner of a cruise ship owes all on board the duty to exercise reasonable care under the circumstances of each case. ..." Cruise ship reasonable care is different than the extent of the duty owed in daily life since a cruise ship involves more danger to a passenger.

However, the court found that the wading into the Pacific Ocean side of Lover's Beach was "not uniquely associated with maritime travel" and that nearly 100,000 Holland American passengers visited Cabo in 2008 without a single incident of injury. Since Holland did not have active or constructive (knew or should have known) knowledge of the danger the case was dismissed.

Our Broward cruise line injury law firm is dedicated to protect the rights of passengers and urges everyone that is considering a cruise to be extra careful both on board and on shore. Based upon this ruling passengers injured on off-the-ship excursions such as kayaking, zip-lines, scuba diving, and parasailing will have a very difficult time successfully suing a cruise line if they are hurt.

Continue reading "Injured Cruise Ship Passenger's Case Dismissed Against Holland American" »

Our cruise ship injury law firm knows that this summer thousands of lucky families will enjoy their family vacations on board one of the many cruises departing from Florida. Husbands and wives wanting a little alone time will be tempted to drop the kids off at one of the "kids clubs." As the parents head off to couples massages or the night club, they should keep in mind that the number one crime that occurs on cruise ships is sexual assaults.

The cruise industry spends millions to lure families on board, with teen lounges, water slides and ice skating rinks. The problem is that alcohol flows freely on cruise ships. Charles Lipcon's book "Unsafe on the High-Seas" reports that in July 2004 a thirteen-year-old girl and her twelve-year-old friend were sexually assaulted on a Carnival Cruise ship by their cabin steward.

There are additional reports of minor children being served alcohol by crew members. One sad case involves a fifteen-year-old girl who was served ten drinks. She became violently ill and fell overboard, never to be found again.

As a Florida cruise ship injury lawyer I recommend the following to keep you and your family safe on the next cruise:

1. Do not put your guard down. A cruise ship is like a foreign city. People from all over the world are on board, with lots of dark and scary places to hide. Add alcohol and an inadequate security force to the mix and you have potential danger.

2. Keep Your Kids in Check. Insist on walkie-talkies and impose curfews. Be available if needed and check on them every 2-3 hours to make sure they are where they are supposed to be. Personally deliver them to the kids camp and pick them up. Do not allow them to wander alone.

3. Lock Your Cabin and Balcony Doors. You would not leave your apartment unlocked in a big city. Do not do it here.

4. Have a Buddy System. Do not wander the ship alone, especially at odd hours, especially for women or the elderly.

5. Do not accept drinks from strangers. Insist on an unopened bottle or can and pour it yourself.

6. Find out how and where you can contact ships security. If you are uncomfortable about a crew member or other passenger, notify security BEFORE it is too late.

De acuerdo a mi experiencia como abogado en lesiones de caidas y resbalones en cruceros y habiendo sido contactado por pasajeros lesionados en cruceros y abogados de todo el mundo, muchos de ellos se han sorprendido al conocer, que independientemente de donde el crucero haya embarcado o desembarcado, la mayoría de estas líneas de cruceros tienen impreso en letras bien pequeñas y difíciles de leer a simple vista, un lenguaje legal que requiere que todo caso en cual haya un reclamo de lesiones de caidas y resbalones en cruceros,que ocurran en este caso en Miami, la demanda deberá ser presentada en la Corte Federal de los Estados Unidos en Miami.

Muchas personas se han lesionado al momento de desembarcar, ya sea con los pequeños barcos de transporte o en excursiones provistas por los mismos. Las leyes de la Florida están claras en cuanto a la irresponsabilidad o no aceptación de las mismas de estas líneas, al proveer transporte seguro para sus pasajeros entre el buque o crucero y el muelle.

Las líneas de cruceros defienden estas reclamaciones en contra de ellos, alegando que no son responsables por negligencias causadas u ocurridas en las pequeñas embarcaciones de transporte, ya que ellos no poseen o tienen el control de las mismas.

Actualmente nuestros abogados en Miami especializados en accidentes en cruceros están representando en la Corte Federal, a una señora de Texas que se lesiono gravemente cuando su pierna se atasco entre una de las pequeñas embarcaciones de transporte al crucero y el muelle en el Puerto George Town, incidente ocurrido en las Islas Cayman. Como pasajera de De la línea de cruceros Carnival la misma fue transportada de emergencia al Hospital local de George Town donde fue diagnosticada con severas fracturas.

As an experienced cruise ship passenger injury attorney we are contacted from injured passengers and their local attorneys from around the world. Many are surprised to learn that regardless of where the ship embarks or departs, most cruise lines have buried in the tiny print of their tickets legal language that requires that any cruise ship injury claim be filed in Miami at the United States Federal Court, Southern District also known as Federal Court.

Many people are injured disembarking their cruise ships either on the tender or on excursions. Florida law is clear that cruise ships have a non-delegable duty to provide safe transportation between the ship and shore. Cruise lines try to defend these injuries by claiming that they are not responsible for negligence caused by the tenders because they do not own or control them.

Currently our cruise ship injury lawyers are representing in Federal Court, a Texas woman who was severely injured when her leg was caught between a tender and the dock in the Cayman Islands port of George Town. She was a passenger on Carnival Cruise Lines Conquest. After her fall she was taken to George Town Hospital where a crush fracture was diagnosed. The case is currently set for jury trial for June 2011.

As a cruise ship injury lawyer, we get calls from injured passengers or their attorneys from all over the world. Many of them find out the hard way that most passenger's cruise tickets provide for a one-year statute of limitations on personal injury claims against the cruise line.

This makes no sense. If you slip and fall stepping out of the taxi because the sidewalk is defective at the Port of Miami, you have four years to file suit. Walk 100 feet up the gangway of your cruise ship; and slip because of a dangerous condition and your statute of limitations drops to one year. Welcome Aboard.

What I typically hear from the out of state lawyers is that the cruise line dragged out settlement negotiations to the point that the statute was blown.

Congress took a giant step to protect cruise ship passengers when it passed the Cruise Vessel Security and Safety Act of 2010 last week. In it cruise lines now have to:

* Install peep holes in passenger staterooms;

* Maintain ship rails at least 42 inches high;

* Install video surveillance equipment for monitoring passenger safety;

* Install warning devices that can be heard throughout the ship;

* Initiate a process for reporting crimes;

The law goes into affect next year, so until then, I guess we are on our own. Hey President Obama, can you get the Statute of Limitations to be extended to four years?