Florida Injury Lawyer Blog

Injured cruise ship passengers face some of the most difficult legal hurdles of all personal injury cases. For example, when someone slips and falls on a cruise ship, most cruise lines require any potential lawsuit be filed within one year of the date of the incident. This often shocks the injured who, by the time they get home, get settled and recover sufficiently, have barely begun to consider filing a claim. EN ESPAÑOL.

For example, we recently represented an elderly woman who was severely injured during a Western Caribbean cruise. Her accident occurred as she was being transported from her cruise ship's tender to the Island's port. Her injury required emergency medical care and prolonged hospitalization before she was able to fly home. Months had passed before she even considered consulting an attorney. When she did, her lawyer, not familiar with the statute of limitations that applies to these types of cases, began a negotiation with the cruise ship company.

First the company assigned an amicable adjuster who requested documents to verify the injury. Then they asked for copies of passports, medical bills, photographs, x-rays, and insurance reports. It took months for the lawyer to obtain the requested documents, especially the records of her hospital admission on the Island.

Fortunately for the lady and her lawyer, she contacted our cruise ship passenger injury law firm in Miami before the one-year statute of limitations had passed. The lawyer was surprised to learn that had a few more months of negotiation failed to resolve the case--and I have no doubt it would have been fruitless--our client would have lost forever her legal rights to sue the cruise ship.
In addition, even though the accident transpired hundreds of miles from Miami's Federal Court and the injured lady had never been to Miami, the law required that the law suit be filed here. It also mandated that she travel to Miami to testify, be subjected to a physical examination by a doctor of the cruise line's choosing, and attend mediation here.

Unlike virtually every other personal injury claims in Florida--such as a slip and fall, car or truck accident or even medical malpractice--Admiralty cases do not recognize the loss of consortium of the injured passenger's spouse. This can often be considerable, especially when the non-injured spouse relies on his or her spouse to provide services, comfort, and support.

Recently our lawyers filed the very first personal injury case against Carnival Cruise lines for the pain and suffering of Lisa Williams, who was a passenger on the ill-fated Carnival Triumph. The case was filed in Miami's Federal District Court, and Carnival asked that it be dismissed. I am proud to report that Brandon Stein, an excellent and experienced cruise accident lawyer in our office, was successful in defeating Carnival's motion, which now will allow the case to proceed to trial.

If you have experienced an injury while aboard a cruise ship, it is crucial to contact an experienced attorney as soon as possible in order to protect your legal rights. Our law firm is pleased to offer free consultations to any passengers who believe they have a potential cruise ship injury case. To learn more about the limited legal rights of cruise ship passengers please read my recent blog for the Huffington Post, "Why Cruise Lines Aren't Accountable to Their Passengers."

Thousands of passengers aboard Carnival's Triumph cruise ship were stranded without power due to an engine room fire caused by a fuel leak in the middle of the Gulf of Mexico last February. Our Miami lawyers who sue cruise ship companies filed the first individual passenger injury claim against the Triumph.

Our client, a Texas woman, was amongst 4,229 passengers and crew who lived in unsanitary conditions and without working toilets, air conditioning, fresh water or elevators as the 900 foot long disabled ship was slowly tugged to Mobile, Alabama. Ironically, the rescue mission was further delayed when one of the towlines snapped.

Since being docked in Mobile, the Triumph continues to be plagued by problems. Last month the Triumph dislodged from its moorings by a windstorm. Then, in a separate and subsequent incident, two shipyard workers fell into Mobile Bay. One worker was rescued immediately; the other's body was not found for more than a week.

Now more than two months since the initial disaster, the Triumph is still undergoing repairs with many workers living on board. Last week an explosion erupted on a nearby fuel barge critically injuring three people and forcing the evacuation of all of the Triumph's crewmembers.

SUING A CRUISE LINE

Triumph passenger lawsuits against Carnival filed in Federal Court in Miami are not going smoothly either. Carnival is seeking the dismissal of all Triumph cases including a potential class action attempting to consolidate the claims of over 3,000 passengers. Carnival has argued that the passengers' tickets - the Contract of Carriage - prohibit the filing of a class action lawsuit. In response the potential class action is asserting that Carnival is negligent for allowing the Triumph to sail in light of its past mechanical issues.

Additionally, Carnival is trying to get rid of our client's individual claim. Williams, L - Motion to Dismiss Pltfs Complaint for Damages w Memo-10996.pdf Carnival appears to prefer muscling its way through the litigation process rather than attempting to resolve the claims of those who were impacted by poor maintenance.

CARNIVAL'S PLAN

Cruise ships are like floating cities and therefore must have the ability to provide basic comfort and support for passengers when faced with an unexpected power outage. Carnival has recently unveiled upgraded emergency power capabilities along with improved operating procedures they claim are intended to prevent the kind of disaster that left the Triumph dead in the water. To oversee these changes, Carnival formed a five person safety and reliability board that is allegedly comprised of maritime experts.

Dragging a distressed cruise ship slowly across the Gulf of Mexico with thousands of people stewing in raw sewage is unforgivable. I hope that Carnival is ultimately held accountable for not just ruining their passengers' vacations; but for prioritizing corporate profits over passenger safety.

Passengers on Carnival's Triumph may be home but their legal battles are just beginning. 4,200 people aboard the cruise ship were dragged across the Gulf of Mexico when a fire disabled all sources of power and water. We have filed the first law suit against Carnival on behalf of a passenger who has suffered a personal injury.

Passengers were left literally in the dark without access to functioning toilets or lighting. Raw sewage flowed in and out of staterooms as the boat was towed to Mobile, Alabama. For passengers who had staterooms without access a balcony the experience was pure torture.

In its typical response, Carnival offered passengers $500 and a free cruise. Our Triumph claims lawyers were the first to file a law suit against Carnival on behalf of Lisa Williams from Houston, Texas. Due to the lack of water, Ms. Williams became severely dehydrated and bruised. Since returning back to dry land, she has received intravenous fluids and has made to visits to a local urgent care.

Rather than taking the ship back to Mexico and flying passengers home in chartered jets; Carnival made the decision to slowly tug the boat to Alabama. This is simply unacceptable. We are determined to make sure that this never happens to any other cruise passenger again.

Most cruise lines, like Carnival, mandate that passenger injury claims be filed in the Southern District of Florida. This can be both expensive and complicated for many passengers. Lawsuits also have to be filed within one year of the date of injury. Read our complaint here.

Horror stories of passengers contracting various illnesses on cruise ships are becoming more common. The Centers for Disease Control and Prevention's Vessel Sanitation Program (VSP) is designed to prevent and control the spread of cruise ship illness claims and diseases, by implementing regular inspections and regulations.

The VSP inspects cruise ships periodically and by surprise. It monitors outbreaks and trains crew members on public health practices. Any ship that carries 13 or more passengers and connects with a U.S. port is subject to the program. Ships sailing out of US ports are inspected at least twice a year. One is announced; the other a surprise.

Cruise ship owners pay for the inspections based upon the weight of the ship. Prices range from $1,300 to $15,600 per inspection depending on the ship's size. Inspectors examine the medical facilities, drinking water, swimming pools, food service, childcare centers, hotel services, ventilation and common areas. A final report is generated and sent to the cruise line.

Ships are graded on a 100 point scale. Points are deducted whenever a safety violation is found. Certain violations are easily fixed immediately, often during the actual inspection. Other more complicated issues may take longer to correct.

If a ship fails an inspection that is deemed to be an "imminent public health risk" that jeopardizes passenger safety, the VSP can recommend that the ship be docked. Imminent public health risks are:

1. Undrinkable water.
2. Unsafe food preparation.
3. Inadequate cleaning equipment.
4. Inadequate waste disposal.
5. An infectious disease outbreak.

If you are about to take a cruise, I urge you to review your ship's annual inspection report. For example, the Amadea, a ship operated by the Phoenix Reissen Cruise Line on November 12, 2012 scored an alarming 63 out of 100 points. It's potable water production system was operating improperly and without appropriate maintenance or inspection. Inspectors also found no water production records for the entire month of November.

Cruise ships can be a wonderful way to travel and see the world. But selecting the correct cruise line and ship can make the difference between having a vacation or a GI disease. Please check out how healthy your ship is before booking your next cruise.

Every year hundreds of thousands of people take cruises departing from ports like Miami, Fort Lauderdale, Port Canaveral, Port Everglades, Jacksonville and San Diego. These cruises can range from several hours to several months. Cruise lines like Carnival, Norwegian, Disney and Holland America make millions of extra dollars by providing extensive onshore tour packages called excursions. Activities on excursions include walking tours, trolley rides, and visits to a beach or museum. Some excursions are more adventurous like ATV safaris, horseback riding, parasailing and helicopter tours.

Cruise lines spend a lot of effort and money to lure their passengers into buying shore excursions directly from them, often before the ship even departs. Cruise ship websites offer package deals with discounts, transportation and other specials.

Onshore accidents can occur on these excursions; most frequently when transporting passengers from the ship to the venue. Many exotic locations have narrow roads, without guardrails that were not designed for the massive tour buses used by excursion companies. Recently twenty Princess Cruises passengers were injured and one killed when their "Tropical Forest Hike and Beach" excursion in Tortola went off the road and flipped over.

Injuries and death can also occur during the activity itself. For instance, a 68-year old man, died this week while snorkeling off the coast of Dominica on a Royal Caribbean "Champagne Snorkeling" excursion. He apparently just stopped breathing and died on his way to the hospital. As a lawyer who sues cruise ships for injuries; I wonder what effort was made to revitalize him and how long it took to transport him to the emergency room.

Frequently, passengers believe that buying the tour directly from the cruise line, guarantees quality, safety and legal protection in the event of a tragedy. This is usually not the case. Cruise lines are notorious for evading legal responsibility when a passenger is injured or killed on a shore excursion.

Buried deep in the fine print of every excursion contract is complex legal language claiming that the tour company is an "independent contractor." This means that the cruise line does not own or operate the onshore company. In addition, cruise ships use other legal disclaimers to insulate themselves from liability. These carefully drafted contracts have allowed the majority of United States Federal Courts to uniformly dismiss law suits against cruise lines for off-ship injuries. When this happens, victims and their families are often forced to try to file suit in remote jurisdictions which may not have a legal system that recognizes personal injury cases.

The best way to protect your family when taking a shore excursion is to remember these safety tips:

1. Do some independent research. Don't rely only on the ship's website or the onboard sales people. Go online or read a travel book for more information about available tours. In addition, each port will have its own tourism bureau and web site that can provide you more details.

2. Check Out the Locals. Whether it is cycling or scuba diving, each port will have a local club that can tell you "insider info" as to where the best rides and beaches are and how to get there.

3. Ask Your Friends. Social media is an often untapped source of information. Post an inquiry on your Facebook or LinkedIn account asking for advice for the upcoming ports, such as: "Our cruise stops in St. Kitts for the day, any suggestions?"

4. Third Party Excursions. Barry and Julie Karp own their own excursion company. They provide valuable insight on virtually every port. Their site Shore Trips can give you info that the ships won't.

5. Ask Your Uncle Sam. Most Americans travelling abroad do not know about the U.S. Service of Consular Affairs Smart Traveler Abroad Program (STEP). STEP allows you to enter information about your upcoming trip abroad so that the Department of State can be of help in an emergency. It also gives Americans the latest travel safety information from the nearest U.S. embassy or consulate.

Cruises are a lot of fun. For me the best part is exploring exotic ports and I encourage everyone to get off the ship, but to do your homework in advance and be safe.

Anyone who has ever been injured as a passenger on a cruise ship and tries to sue them soon learns that companies like Carnival Cruise Lines are shielded by complex international laws and very specially crafted wording hidden in contracts contained in their passenger tickets.

The Convention of Limitation on Liability for Maritime Claims is often considered an impenetrable force-field that limits liability for cruise ship owners after accidents. It can only be set aside in cases of egregious acts by the ship's owners. Claimants have to prove that the accident resulted from the personal act or omission with the intent to cause the accident and with knowledge that damage would result.

In the case of the Costa Concordia, Captain Schettino's conduct is arguably not the responsibility of the ship's owners, Carnival Cruise Lines. Though the modern technology available to cruise line owners to track their vessels around the world in real-time would make it seem that Carnival knew or should have known precisely what Captain Schettino and their ship were doing when he changed course.

Injured passengers in the Costa Concordia case have now learned that buried in their ticket was a limitation of liability clause that limited both personal injury, death and property loss to only $71,000 per passenger. Since the Concordia did not use a U.S. Port of Call, all claims have to be brought in Genoa, Italy.

Most U.S. cruise ships require claims to be brought in the Southern District of Florida within one year of the accident. Our Miami cruise line accident law firm is currently representing injured cruise ship passengers from across the country including both California and New York who were injured at sea. Those cases are all in Federal Court in Miami.

Carnival requires that all claims be made in writing to the company within 185 days after the date of the injury, event, illness or death and any related lawsuit has to be filed within one year. If you are injured while taking a cruise, do not hesitate to contact an attorney as soon as possible to protect your legal rights. If the claim is not made timely and in accordance with the passenger ticket, your case may be dismissed.

Here is an example of a Carnival Passenger ticket/contract.

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.

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?