If you are injured on a cruise ship you need experienced legal help whether you are a passenger or crew member. Maritime laws, consisting of both state and federal statutes, international treaties, and agreements between governments made through the United Nations govern cruise ship liabilities for injuries and death claims at sea. Common sense concepts applicable in land based situations are often different based on historic principles of the law of the seas. Jurisdiction to file a claim or lawsuit for an incident on a foreign flagged ship in international waters is often complex. Whether the country of origin of the passenger or crewman is relevant depends on multi-factorial factual and legal issues. Likewise, the flag state domicile of the vessel often impacts the determination of where a claim or lawsuit can be filed. The contract of carriage (ticket contract or employment contract) often limits where victim's rights can be enforced. Statutes of limitations are also much shorter, usually just one year from the incident for passenger lawsuits. Injured passengers are also required under the passenger ticket contract to provide written notice to the cruise line within six months from injury date. Complex legal issues both procedural and substantive differ significantly from common state tort laws. Admiralty and maritime laws of a foreign state law may apply even though the cruise company and the victim are based in the United States or abroad. That is why it is essential to consult experienced cruise ship lawyers in Florida at the soonest possible time to evaluate the facts and the law that apply.
Cruise ships are growing in size every year. New ships come on line every season. Passenger counts commonly exceed 5000 men, women, and children. Adding crew brings the total to 10, 000 people in some cases. New safety challenges develop as the industry grows. These ships are literally floating cities which carry unique risks of harm and injury not found on land. They also bring many land based dangers out to sea. There are no law enforcement officers on board. Medical services are limited. Other safety personnel are scarce. The cruise experience is glamorized to make passengers feel as if they are much safer than they really are. When the vacation experience turns to disastrous tragedy victims need legal advice and help. We are here to meet this need.
Gerson & Schwartz, PA cruise ship attorneys have over 50 years' experience representing injured passengers and crew members from the United States and across the world. We specialize representing victims for serious injury and death claims against all major cruise lines including Carnival, Royal Caribbean (RCCL), Norwegian Cruise Lines (NCCL), Princess Cruises, Disney Cruise Lines, Holland America, Celebrity, Costa, Seabourn, Regent, Crystal and other lesser known vessels. We know what to do.
Miami Cruise Ship Accident Lawyer
If you or a loved one were injured on a cruise ship don't wait. Our Florida cruise ship accident attorneys will fight to enforce your legal rights. We will bring your case to trial if a fair settlement offer is not made. Your case will be tried quickly in court if we are your lawyers.
Many passengers do not carefully read the fine print on the ticket contract. Recently, a copy is not even given to the passenger. Merely a reference to an online posting of the terms and conditions is all that is provided. Cruise line companies don't just insert contractual provisions in passenger tickets to shorten the time injured people have to file a lawsuit to one year. In addition, injured passengers are often required to give written notice of their intent to pursue a legal claim. Sometimes, they have just six months to do so.
If the incident or event was not documented while on board failure to notify within this short time can bar a later timely lawsuit. These limitations leave little time for investigation to gather evidence and sort out legal issues. Injury victims must act quickly to retain qualified lawyers to investigate the case facts, gather evidence and analyze all potential legal issues. If the cruise lines negligence caused your injury do not wait to contact an attorney. No client ever acts too soon. Unfortunately, some act too late.
Michigan Cruise Ship Injury Lawyer
Cruise ship injuries sustained in foreign waters or in foreign ports can also trigger legal issues over jurisdiction and the correct forum in which to file a lawsuit. Most injury victims don't realize that many cruise ship operators require injured passengers to file personal injury lawsuits in federal court located in Miami, Florida. This means that only lawyers admitted to practice law in specific courthouses can represent you. Excursion operators off the ship may be the cause of serious injury. When that happens knowledge of the law of foreign nation states becomes critical. Likewise, a network of corresponding attorneys in other countries is necessary to perfect a claim. Sometimes, the only remedy is a lawsuit in a port state.
Another trap for the unwary passenger is the practice of cruise line operators to make unknowing passengers sign waivers before participating in many shipboard activities. Our cruise ship lawyer can help you challenge these blanket waivers. We understand how they can be overcome and recognize when they may bar entitlement to compensation for your injuries.
Cruise ship injuries are typically caused by negligent acts of parties with some relationship to the ship. The general maritime law from the United States Supreme Court holds that cruise ship companies owe a legal duty to passengers to act with reasonable care under the circumstances. Any person from the captain, quartermaster, deck hand, safety officer, housekeeping, or other crew member can be negligent causing life changing injuries to passengers. Likewise, other passengers not carefully controlled can cause harm that lasts a lifetime. If so, cruise line operator often is vicariously liable for the negligence and obligated to pay money damages to compensate for the harms and losses.
Fort Lauderdale Cruise Ship Injury Lawyer
The meaning of reasonable care under federal maritime law depends on circumstances. What is reasonable care is not always clear. Nevertheless, a few generalizations can be made. Cruise lines are required to maintain their vessels and common areas free from slip, trip and fall hazards. Reasonable care also includes maintaining ship equipment in good working order and to provide safe access to and from the vessel. Reasonable care also includes providing necessary safety and security measures to protect passengers from a foreseeable risk of harm. Appropriate warnings about known but concealed hazards are required by law. Some factors our cruise ship injury attorneys will investigate are:
Other common examples of cruise line negligence are failing to warn or correct a dangerous condition. Other times, negligence can be established by proving an inexperienced or inadequately trained crew member did not follow recognized safety standards or did not follow corporate policies and procedures causing serious injuries. Sometimes dangerous and defective equipment is not replaced or repaired.
Cruise ships by design may also present a variety of dangers. Some vessels are built with inadequate flooring or may be built or refurbished with inherently slippery floor surfaces. Other times a vessel may become dangerous due to wear and tear, or expose passengers to tripping hazards such as uneven flooring. Passengers may also become injured by taking part in dangerous shipboard endorsed activities like rock climbing, simulated surfing, or are injured on water slides, and during other ship endorsed activities. Every year these highly competitive companies introduce new amusements which often come with inherent risks which have not been properly vetted for needed safety protections.
Miami Cruise Ship Injury Lawyer
The most common accidents are slip and falls due to wet or foreign substances on decks, dance floors, and stairwells and in other high traffic common areas such as open decks, restaurants, and other common passageways like ship gangways. Others may be injured due to inadequate medical care or are on dangerous shore excursions. Cruise ship companies may also be subject to civil liability resulting from criminal acts by passengers and are strictly liable for criminal acts such as rape or sexual assault committed by members of the cruise ship staff.
If you or a loved one were injured on a cruise and believe that the cruise line or ship employee's negligence resulted in a serious injury then don't wait. Time is working against you. Act before delay prejudices or bars your legal claim. Contact a cruise ship lawyer in Miami, Florida by calling (877) 475-2905, or email us for help at info@gslawusa.com.
If you were injured on a cruise don't be fooled into thinking the cruise line is going to resolve your claim unless you are represented by an experienced cruise ship attorney in Florida. Cruise line companies have experienced lawyers working for them and so should you. Many ship operators will intentionally stall and delay in order to lead injury victims to believe they are going to resolve their case. Often this is just a tactic since passenger accidents are subject to much shortened time constraints. These are called statutes of limitations. We urge all injury victims to contact our Miami, Florida law firm before your claim is time barred. To find out
Coronavirus Cruise Ship Lawyer
The meaning of reasonable care under federal maritime law depends on circumstances. What is reasonable care is not always clear. Nevertheless, a few generalizations can be made. Cruise lines are required to maintain their vessels and common areas free from slip, trip and fall hazards. Reasonable care also includes maintaining ship equipment in good working order and to provide safe access to and from the vessel. Reasonable care also includes providing necessary safety and security measures to protect passengers from a foreseeable risk of harm. Appropriate warnings about known but concealed hazards are required by law. Some factors our cruise ship injury attorneys will investigate are:
Other common examples of cruise line negligence are failing to warn or correct a dangerous condition. Other times, negligence can be established by proving an inexperienced or inadequately trained crew member did not follow recognized safety standards or did not follow corporate policies and procedures causing serious injuries. Sometimes dangerous and defective equipment is not replaced or repaired.
Cruise ships by design may also present a variety of dangers. Some vessels are built with inadequate flooring or may be built or refurbished with inherently slippery floor surfaces. Other times a vessel may become dangerous due to wear and tear, or expose passengers to tripping hazards such as uneven flooring. Passengers may also become injured by taking part in dangerous shipboard endorsed activities like rock climbing, simulated surfing, or are injured on water slides, and during other ship endorsed activities. Every year these highly competitive companies introduce new amusements which often come with inherent risks which have not been properly vetted for needed safety protections.
Miami Cruise Ship Injury Lawyer
The most common accidents are slip and falls due to wet or foreign substances on decks, dance floors, and stairwells and in other high traffic common areas such as open decks, restaurants, and other common passageways like ship gangways. Others may be injured due to inadequate medical care or are on dangerous shore excursions. Cruise ship companies may also be subject to civil liability resulting from criminal acts by passengers and are strictly liable for criminal acts such as rape or sexual assault committed by members of the cruise ship staff.
If you or a loved one were injured on a cruise and believe that the cruise line or ship employee's negligence resulted in a serious injury then don't wait. Time is working against you. Act before delay prejudices or bars your legal claim. Contact a cruise ship lawyer in Miami, Florida by calling (877) 475-2905, or email us for help at info@gslawusa.com.
If you were injured on a cruise don't be fooled into thinking the cruise line is going to resolve your claim unless you are represented by an experienced cruise ship attorney in Florida. Cruise line companies have experienced lawyers working for them and so should you. Many ship operators will intentionally stall and delay in order to lead injury victims to believe they are going to resolve their case. Often this is just a tactic since passenger accidents are subject to much shortened time constraints. These are called statutes of limitations. We urge all injury victims to contact our Miami, Florida law firm before your claim is time barred. To find out
0 comments
Post a Comment