Time Frame for an Injured Cruise Ship Passenger to Sue

If you or your loved one has been injured on a cruise ship, your first course of action may be to address the injury. However, keep in mind that besides tending to your injury, there are strict deadlines which you must adhere to in order to have a viable claim against the cruise line.   You may have heard the term “statute of limitations” thrown around before and you may have wondered what that means exactly. It means that legal actions must be filed within a certain time frame. These time frames are referred to as “statutes of limitations.” For most maritime negligence cases, there is a three-year statute of limitation. However, most major cruise lines and many of the smaller ones include language in their passenger ticket contracts which waives the normal three-year statute of limitation in favor of a one-year statute of limitation. This is good news for the cruise lines, but bad news for you, the injured cruise ship passenger. Good news because the cruise lines know many of their passengers won’t bother reading the fine print. Bad news because if you were injured on a cruise ship, you are bound by the fine print in your passenger ticket, and are required to file suit within one year from the date of your injury. If your suit is not brought within this one-year time period following the date of your injury, you have lost the right to recover any damages from the cruise line. This may not seem fair, but courts have consistently enforced this limitations period. As the courts see it, passengers are expected to...

Cruise Ship Injury: Royal Caribbean Passenger Suffers Appendicitis 600 Miles From Shore

Cruise Ship Injury: Royal Caribbean Passenger Suffers Appendicitis 600 Miles From Shore One of the most dangerous situations that an injured or sick cruise ship passenger can encounter while on a cruise- is being too far away from the port when a medical emergency arises. Luckily, for a Royal Caribbean passenger who was suffering from appendicitis 600 miles off the Coast of Cape Canaveral- while aboard the 2,000 passenger Grandeur of the Seas the 920th Rescue Wing of the Air Force Reserve was able to perform an at sea emergency rescue. An HC-130N King fixed-wing combat rescue aircraft was used rather than a Coast Guard helicopter due to the distance. According to USA Today, Eight citizen-airmen piloted two HH-60 Pave Hawk helicopters with four elite Guardian Angel active-duty para-rescuers onboard. An hour later, seven more airmen flew an HC-130N King fixed-wing combat rescue aircraft with six more Guardian Angels in tow. After refueling twice in mid-air two the crew arrived at the RCCL cruise ship; where they successfully rescued the passenger. Thanks to these brave people, the ailing man is recovering now at a hospital in Florida. This scenario could have been far worse. For example, we have represented individuals who had medical needs that the ship’s medical center could not or would not attend to- and as a result in a delay in obtaining appropriate medical care have sustained permanent injuries. Depending on the nature of the medical emergency, cruise ships can always divert their ships to closer ports and increase speed to arrive sooner. Although, this is rarely done as it can cost a cruise line a...

MSC Dismisses Injured Cruise Ship Passenger’s Case 

MSC Dismisses Injured Cruise Ship Passenger’s Case The Mediterranean Shipping Company (MSC), an Italian cruise line, was once again able to successfully have another injured passenger’s claim dismissed this week in Federal Court in Miami. Our cruise ship injury law firm did not represent Carol Gorczyca in her lawsuit against the cruise line; but have reviewed the court’s file and found that Ms. Gorczyca sued the cruise line after tripping and falling down a stairway in the Pantheon Theater aboard the MSC Divina in the middle of a 7-night cruise. Ms. Gorczyca claimed that she tripped and fell due to a loose LED lighting strip that was attached to the metal strip on the steps; and that there was no available handrail to hold onto as she descended the stairs and that MSC violated its duty of exercising reasonable care under the circumstances. MSC’s defense, ione that most cruise lines assert in similar cases, is that they did not build or design the ship and that it did not have actual or constructive notice of the alleged dangerous condition- in this case, the loose lighting strip on the stairs.1 Notice Defense This defense known as the “notice defense” creates a very substantial legal burden for all injured cruise ship passengers to overcome. And the failure to prove “notice” can and will result in the passenger’s claim being dismissed. Therefore, it is very important that this concept is understood- as many of the people we represent and investigate claims on behalf of– do not understand how a cruise line can escape accountability for their slips, trips, and falls. Sadly, this...

Cruise Ship Injury News: Why Miami Is The Cruise Capital of the World

The Port of Miami also known as PortMiami is the largest and most important cruise ship terminal in the world. It employs nearly 200,000 people and contributes nearly $20 billion dollars to Miami’s economy. It is located near downtown Miami and more importantly close to the corporate headquarters of Royal Caribbean, Celebrity (which are both at the Port of Miami) and Carnival and Norwegian, Regents Seven Seas and Oceania (all located just down the street in Doral) and the United States Federal Courthouse where these cruise lines all require injured passengers to file their claims against them. Last year alone, nearly 5 million cruise ship passengers embarked on a cruise to or from the Port of Miami. Which is why it is currently the home port to many of the world’s most exciting cruise ships: Carnival Breeze, Carnival Ecstasy, Carnival Glory, Carnival Victory, Majesty of the Seas, Norwegian Getaway, Norwegian Escape, and Norwegian Sky. The majority of cruises leaving from the Port of Miami go to the Bahamas, the Caribbean, and Mexico among other destinations. To accommodate the tens of thousands of cruise ship passengers that sail to and from PortMiami- the port has some of the world’s most modern and sophisticated cruise ship passenger terminals. Many of which will rival those found at major international airports in terms of passenger comfort and convenience. PortMiami has serious competition to stay the World’s number one cruise terminal with Port Everglades which is only a 30-minute drive to the North in Fort Lauderdale. Port Everglades had nearly 4 million passengers last year and his home to two of the world’s largest...

Proving Liability In Your Cruise Ship Accident Case

One of the most difficult legal concepts for people who have had an accident on a cruise ship and are pursuing a personal injury claim against the cruise line to understand and accept is the legal concept of liability- which means that unless and until their accident can be proven to be caused by the carelessness of the cruise line. In other words, simply slipping and falling, tripping and falling or even being sexually assaulted on a cruise does not automatically entitle the victim to be compensated by the cruise line. This means that in order to actually have a viable case it has to be proven that the fall is the cruise line’s fault.  And while it is easy to say- it is often extremely hard to do in the realities of actual maritime litigation, primarily because the source of this information, specifically what the cruise line knew or should have known about the alleged dangerous condition, such as the wet deck, ill-repaired staircase or poorly marked threshold that caused the accident in the first place is solely in the cruise line’ corporate data bank- and they aren’t about to upload that information without a fight. Proving Fault For example- simply asking for a list of all of the known passenger accidents that have occurred in a manner similar to the one at issue will invoke a heated objection and a trip or two or three to a Federal judge where arguments are made- by both sides- usually resulting in an order forcing the cruise line to spit out the least amount and of course least helpful information...

Miami Cruise Ship Injury Lawyer Lists The 3 Best Cruise Ships for Halloween 2017

Halloween on a cruise ship, what could be better than trick or treating at sea?  If you or your kids have some time off this Halloween, taking a cruise might be a great way to spend some quality family time and not miss trick or treating.  Many of the major cruise lines like Carnival, Royal Caribbean, Disney go all out for Halloween- and even encourage passengers to pack costumes and decorations for their cabins. #1 Disney Cruise Line If you have kids there is no better place to spend your Halloween at sea than aboard a Disney Cruise Ship. Starting in late September, Disney decorates their cruise ships with a “spooktacular” Halloween theme- and holds special parties and entertainment that is designed to be not too scary for little kids.  Some of the highlights aboard a Disney Halloween Cruise include a “Mickey’s Mouse-querade Party” and  Tim Burton’s The Nightmare Before Christmas Sing and Scream.   Make sure to pack your costume and be prepared to go trick-or-treating with your favorite Disney Characters. In addition, there will be mask making and pumpkin carving activities and of course movie night will include ghost stories.   And if you have the strength there will be an adults-only costume party too. #2 Carnival Cruise Line Carnival Cruise Line calls it’s Halloween cruises “Frightfully Fun” vacations offering passengers scary movie options, pumpkin carving demonstrations, and Halloween themed drinks and desserts.  Highlights include a Halloween Day Parade and a Costume Meet and Greet which will give passengers the chance to walk around the ship in costume.  Once the sun sets things to get even spookier when Carnival...
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