Maritime & Cruise Ship Accident Lawyer Blog

Articles Posted in Cruise Ship Accidents/Incidents

The Marine Accident Investigation Branch of UK Government (MAIB) recently published a report about the drowning of a 29-year-old female passenger in a swimming pool on board Sapphire Princess in the East China Sea. The victim was found floating face down in a swimming pool on board the Sapphire Princess. Despite rescue and resuscitation attempts by passengers and crew, the victim did not survive. In their report, MAIB concluded that the mere usage of a notice board expressing that lifeguards were not on duty and persons using the pools should do so at their own risk was inadequate and failed to sufficiently raise awareness among the passengers about the risks of unsupervised swimming. Our team of Miami cruise ship accident lawyers were saddened to hear about this awful incident when it occurred, but we are not surprised by the MAIB’s findings.

Serious safety issues were also noted by the MAIB team during their investigation, and officials specifically noted that:

  • With no dedicated pool attendants it was left to pool users and bystanders to recognize an emergency and raise an alarm.
  • The crew members (catering staff) in the vicinity of Neptune Pool had not received instruction from the company in medical first aid.
  • There was no documented formal risk assessment available for ship’s staff reference when assessing swimming pool operational safety.

Here is a shocking fact: There are no specific regulations pertaining to the operation and use of swimming pools on cruise ships. However, The Merchant Shipping and Fishing Vessels (Health and Safety at Work) Regulations of 1997 require that risk assessments are carried out.

Specifically, the regulation states that:

‘A suitable and sufficient assessment shall be made of the risks of the health and safety of workers arising in the normal course of their activities or duties, for the purpose of identifying groups of workers at particular risk in the performance of their duties, the measures to be taken to comply with the employer’s duties under these regulations, and any significant findings of the assessment and any revision of it shall be brought to the notice of workers. This assessment shall extend to the risks to the health and safety of other persons on board ship in so far as they may be affected by the acts and omissions of the employer…’

Understanding Your Legal Rights if a Loved One Drowns While on a Cruise Ship

Cruise ship deaths that occur at sea are different from an injury or death that occurs on land. Many passengers are shocked to discover that cruise line companies insert binding contractual provisions in passenger tickets shortening the time injured parties have to file a lawsuit against the cruise company. Cruise ship passengers are required to give written notice of their intent to pursue a wrongful death drowning claim, and in some instances, you may only have six months to do so. Depending on the cruise line you or a loved one was on, you may only have one year from the date of the incident to file a wrongful death lawsuit.

Contact a Miami Maritime Lawyer Today

The cruise ship injury and wrongful death lawyers at Gerson and Schwartz, PA have handled these types of cases and understand the subtle nuances associated with maritime law that come into play with a claim against a cruise ship. The firm’s Florida offices are located in the heart of Miami, Florida close to the port of Miami and Port Everglades in Fort Lauderdale. Contact us today for a free, confidential consultation.

The Cruise Lines International Association (CLIA) self-adopted a “Bill of Rights” in May of 2013 in order to allegedly fulfill the commitments of care and comfort to all their onboard passengers on luxury cruises throughout the world. Our team of experienced Miami maritime lawyers were hopeful, yet skeptical, of such a self-regulating scheme in the cruise industry. Named the International Cruise Line Passenger Bill of Rights, cruise ship passengers were provided with numerous “rights” including:

  • The right to disembark a docked ship if essential provisions such as food, water, restroom facilities, and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.
  • The right to a full refund for a trip that is cancelled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.
  • The right to have available on board ships operating beyond rivers or coastal waters full-time, professional emergency medical attention, as needed until shore side medical care becomes available.
  • The right to timely information updates as to any adjustments in the itinerary of the ship in the event of a mechanical failure or emergency, as well as timely updates of the status of efforts to address mechanical failures.
  • The right to a ship crew that is properly trained in emergency and evacuation procedures.
  • The right to an emergency power source in the case of a main generator failure.
  • The right to transportation to the ship’s scheduled port of disembarkation or the passenger’s home city in the event a cruise is terminated early due to mechanical failures.
  • The right to lodging if disembarkation and an overnight stay in an unscheduled port are required when a cruise is terminated early due to mechanical failures.
  • The right to have included on each cruise line’s website a toll-free phone line that can be used for questions or information concerning any aspect of shipboard operations.
  • The right to have this Cruise Line Passenger Bill of Rights published on each line’s website.

This Bill of Rights was said to go into immediate effect for all U.S. passengers who booked a cruise on any of CLIA’s North American member cruise lines, regardless of its destination or itinerary. More than two years have passed since the industry self-adopted the supposed Bill of Rights. Has it made any difference in terms of improved safety for the passengers?

Here are some important statistics:

  • Last year over 1,700 passengers and crew members fell sick from gastrointestinal illnesses like norovirus.
  • Since 2012, at least seven children have drowned or nearly drowned in cruise ship pools that rarely have full-time lifeguards.
  • In 2015, a 21-year-old college student fell overboard and was never found — one of at least two dozen incidents in the last two years in which cruise passengers or crew have gone overboard, according to media reports.

Not only the Bill of Rights, but even the Cruise Vessel Security and Safety Act (CVSSA) was brought forward in 2010 with a similar objective of passenger protection, applicable for all ships setting sail to and from the United States, carrying at least 250 passengers and having onboard overnight passenger/crew sleeping facilities. Despite these safety initiatives, cruise liner passengers are still at risk of suffering serious, debilitating injuries, or even losing their life on a cruise ship.

Contact an Experienced Miami Cruise Ship Injury Law Firm

Along with developing and implementing important safety protocols, a way to send a signal to the industry that certain unsafe practices are unacceptable is by protecting the rights of you and your loved ones when a preventable accident occurs. The cruise ship accident lawyers at Gerson and Schwartz, PA are here to help. Our team of experienced personal injury attorneys are licensed to practice law in all Florida state and federal courts. Our Florida law offices are located close to the port of Miami and Port Everglades in Fort Lauderdale.

Carnival Cruise Line has ordered “mega cruise ships” that will hold about 7,000 passengers each, making them essentially floating cities. Obviously, this means bigger profits for Carnival, as bigger ships will mean more passengers and more ticket sales. But is bigger going to mean better and safer? Probably not. Our team of experienced Miami maritime injury attorneys have handled serious cruise ship injury cases and, in many instances, the focus for the cruise line is to pack as many people on board, regardless of potential safety hazards.

Some maritime experts are getting worried about the security issues associated with putting so many people on a ship at the same time and going for extended voyages at sea. This can pose problems for smaller ports which do not have the infrastructure to handle potentially thousands of people at the same time, especially when it comes to providing emergency services. In fact, mega cruises can practically double a small port’s population in a matter of minutes by dumping an entire “city” full of passengers and creating havoc. In addition, the bigger cruise ships will, by having more number of people on board, increase the danger of outbreak of diseases like the norovirus (which recently occurred on two Royal Caribbean cruise ships in 2015). These mega ships are likely going to be magnets for criminals and thieves looking to steal purses, wallets, and other valuables.

A legislative proposal by U.S. Senators Richard Blumenthal and Ed Markey named the Cruise Passenger Protection Act of 2015 (CPPA) will make it mandatory for cruise liners to have built-in state-of-the-art security technologies such as man-overboard detection systems and other relevant security systems. The proposed law would also provide for security measures for passengers who have been victims of crimes at sea. The CPPA is just a proposal at this point working its way through Congress. This means, as of now, the level of security on a cruise ship is dependent upon the discretion of the cruise line.

More On-Board Attractions May Increase Risk of Injury

As cruise ships continue to grow, cruise lines routinely try to “improve” the experience by offering a litany of on-board activities such as swimming pools, rock climbing walls, miniature golfing areas, gymnasiums, and so forth. As these attractions expand, the risk of suffering a serious injury expands. In many instances, passengers have suffered broken bones, torn muscles, or even suffered permanent spinal cord trauma, while participating in these types of activities. If you injury is not treated in a timely and effective fashion on board, the damage and potential permanency of your injuries only grows.

Speak to an Experienced Cruise Ship Injury Lawyer Today

If you or a loved one was seriously harmed while on a cruise ship, reach out to the experienced maritime attorneys at Gerson and Schwartz, PA. The firm’s Florida offices are located in the heart of Miami in close proximity to the port of Miami and Port Everglades in Fort Lauderdale. Our attorneys have 80 years of collective experience handling personal injury claims, maritime accidents, and wrongful death cases.

Cruise ships are not always about welcome drinks, sundecks, and romantic dinners under the moonlit night. There are, unfortunately, many serious crimes that can occur on board a cruise ship, no matter how secure you think you may be. Petty thefts, serious assaults, battery, and even rapes have been reported on cruise ships. In fact, over 950 cruise ship crimes were reported to the FBI between 2011 and 2012, and those are only the crimes that the FBI is aware of. Unfortunately, many crimes, especially sexual assaults, go unreported. Our team of Miami maritime lawyers are here to help and have handled many cases for victims of serious criminal acts while on board a cruise ship or other vessel.

Get Treatment, if Needed

If you or a loved one are the victim of a physical assault or rape by a fellow passenger or crew member, seek immediate medical attention. Cruise ships should have trained medical professionals on board to provide treatment. Be sure, once you return to land, to get copies of the medical records so you can provide them to the authorities and to your attorney. This will help established that the incident occurred if a claim is pursued against the cruise liner and/or an employee of the liner.

Speak Up

For any crime, whether it be a physical injury or theft, speak to the Captain or an official on board and tell them exactly what happened and where. This is important since it puts the staff on notice that a criminal act has occurred on board and will likely result in an incident report being filed to document the incident. Again, this helps create the record of what transpired that will assist in pursuing criminal charges or a civil claim once you return to land.

Read Your Ticket

Carefully read the back of your cruise ship ticket to know what claims you can make against the liner. For example, many people don’t realize that the statute of limitations for certain types of claims is only one year. For criminal acts, the limitations period may not apply, but it depends on what happened to you or your loved one. Again, this is why it is important to speak to a maritime lawyer.

Speak to an Experienced Maritime Law Firm

Our Miami cruise ship crime attorneys are familiar with the tactics many cruise lines use in order to avoid legal responsibility for criminal acts. Gerson and Schwartz, PA is at the forefront of assisting cruise ship passengers including cruise ship crime victims throughout the United States. Our law firm continues to lobby the international cruise community for stricter laws, rules, and regulations in order to protect passengers and even crew members. If you or a loved one has been the victim of a rape, sexual assault, or other violent crime on a cruise ship, contact our law firm for a free consultation. All cases will be discussed with an attorney directly. For more information on how we can help call 305-371-6000.

Cruise ship accidents can happen anytime, anywhere, without any prior warning whatsoever. Take, for example, the recent incident involving the Royal Winner Princess II party cruise ship, which hit the Carolina Beach Wildlife Fishing Pier on July 11, 2015 injuring 15 passengers on board. At least two passengers had to be taken off in stretchers under emergency circumstances with neck braces. In spite of all the modern scientific technological advancements, human error accounts for more than eighty percent of cruise ship accidents, according to official reports from the U.S. Coast Guard. Loss of concentration often results in overlooking submerged obstacles lying ahead, like rocks or icebergs, and panicked manoeuvring the huge vessel at the last moment often proves fatal and overturns the ship altogether – injuring passengers on board. As experienced maritime lawyers, we want our readers to understand and be prepared for a serious cruise ship incident.

Important Steps Any Cruise Ship Accident Victim Needs to Take

If you or a loved one gets hurt while on a cruise ship, be sure to report the incident immediately to a crew member or other administrator (be sure to get their full name and contact information). Take photos, record videos, and get the names of any witnesses. You want to have documentation reflecting when and where the incident occurred. Once you have safely returned to land, a written notice of intent to file a claim according to the terms of your cruise ticket is necessary (a maritime lawyer can help with drafting and sending this letter).

Why You Should Contact a Cruise Ship Injury Lawyer if an Incident Occurs

A cruise ship incident can result in an array of injuries ranging from those requiring a few weeks of physical therapy to life-threatening injuries that may result in permanent damage. Regardless of the type of injury, you need an attorney who actually has experience handling cruise ship injury cases. Why? Because they can be quite complex involving maritime law, federal law, and/or state law. If you hire an attorney who has never handled a cruise ship injury case, you are exposing your case to the risk of being dismissed on a summary judgment motion or a legal technicality.

Low Risk, High Reward

Retaining a maritime attorney for your cruise ship injury claim  is a low risk, high reward proposition. Personal injury attorneys handling cruise ship accident claims generally work on a contingency fee basis. You don’t pay a lawyer an hourly fee or big retainer fee. Instead, your lawyer gets paid contingent upon you getting paid.

Reach Out to a Maritime Lawyer Today

The cruise ship accident attorneys at Gerson and Schwartz, PA are licensed to practice law in all Florida state and federal courts. We are affiliated with other lawyers in virtually all jurisdictions where we are not admitted to practice. Our Florida law offices are located in the heart of Miami, Florida close to the port of Miami and Port Everglades in Fort Lauderdale. Our attorneys have 80 years of collective experience handling personal injury claims, maritime accidents, and wrongful death cases. All cases are handled on a contingent fee so there are no attorney’s fees unless we recover money on your behalf. Contact us today at for a consultation at 1-877-475-2905.

A lawsuit based in maritime has been filed in the brutal beating of a cruise passenger that we mentioned on our blog a few weeks ago. With the filing of the lawsuit, the victim’s attorney has revealed the carelessness of the cruise line that contributed to the vicious attack. Our Florida maritime law firm is monitoring the case closely.

The Horrific Attack

DSCF6491The case stems from a  Holland America cruise ship passenger was brutally beaten by a Holland America employee, who apparently had a master key and used it to gain entry into the victim’s cabin. The employee tried to strangle the woman with a phone cord, smashed her with a laptop and other blunt objects, and even tried to throw her overboard. She was also sexually assaulted. At one point, her oxygen supply was completely cut off from the choking. The entire attack lasted about an hour, until the victim managed to escape the cabin into the hallway.

The victim asked others to relay to her family that she loved them, certain she would not survive her injuries. Her body was racked with bruises and gashes, she had bites on her hands, her teeth shifted from the force of the blows, and she sustained significant traumatic brain injuries.

Cruise Line Negligence v. Strict Liability

It is easy to look at this kind of brutality and ask what a cruise line could do to prevent a maniac employee from unexpectedly going on a rampage. Many people believe that a cruise line (or even a land-based business) should not be responsible for criminal violence committed by its employees. However, under general maritime law, cruise ship companies are strictly liable for criminal acts committed by their employees. That means that cruise ship accident victims do not need to establish principles of negligence such as notice, and breach of a legal duty in order to succeed. If a criminal act such as a rape, sexual assault or battery is committed by an employee of the cruise line, the ship is responsible.

But the lawsuit is explaining how a cruise ship’s carelessness can play a large hand in allowing these kinds of incidents to occur.

In this case, the victim’s attorney still notes that it was careless and could be gross negligence, to allow a lower-level employee to have a master key that allows them to gain access to any cabin at any time. Gross negligence could pave the way for punitive damages.

When neighboring passengers who heard the screams for help called 911, their calls were not routed to security. Instead, they were routed to the front desk, which then decided whether the calls warranted getting security involved. As it turns out, the front desk staff on duty classified the calls as “medium priority,” thus leading to security not being called to the scene in a timely manner. A broken toilet the day beforehand had been classified as “high priority.”

When help did arrive, 45 minutes later, it wasn’t even security—it was a front desk employee. That employee didn’t even have a master key, the way the employee who beat the passenger did, thus preventing any kind of immediate response.

The ship also had only one roving security officer, despite there being 3,000 passengers.

Cruise lines seem to be lack basic fundamental principles of passenger safety and security procedures. Even though cruise ship companies represent that the cruise line offers the same level of safety and security as on land based environments – this is not the case. People shouldn’t assume that the same safety assurances and responsiveness they have on land will apply when they are at sea.

If you are injured while a passenger on a cruise ship, don’t wait to get help. Talk to a maritime and cruise ship injury attorneys at Gerson & Schwartz, P.A. today for a free consultation about your injuries.

If you are a passenger on a cruise, you may be aware of a number of potential hazards (especially if you are a regular reader of this blog). You may be aware of slippery floors, excursion accidents, mechanical failures, and a number of other possibilities. But one thing we don’t give much thought to is food safety. How safe is the food that cruises are serving?

bacteriaReport Looks at Cruise Food Safety

ProPublica has looked into this issue in a fascinating, interactive page that allows viewers to look at safety from each aspect of a cruise ship, from the kitchens to the pools to everything in-between. The site also allows you to search for the safety record for a particular cruise ship, although bear in mind there is no obligatory safety reporting required of cruise ships, so the database may not be completely reliable.

In many ways, food and kitchen safety on a cruise is no different than that required of land-based restaurants. Among some of the problems found in cruise kitchens and food preparation areas are:

  • Dish trolleys: Improper storage of food on dish trolleys, or dish trolleys that were not clean, or soiled with grease or grime
  • Sick employees: We already know how contagious a viral outbreak can be on a ship when a passenger is sick. But when the crew gets sick and that crew is handling your food, it can make for dangerous conditions. Cruise workers are often encouraged to work through sickness, may also fear adverse employment decisions in the event they take sick days, or may come from cultures that don’t encourage taking sick days off from work.
  • Pots and Pans: Soiled or unclean pots and pans can make for an environment that can contaminate food.
  • Other passengers: It sounds gross to talk about, but it is a valid health issue—passengers sneezing on buffet tables or handling items with unclean hands can lead to contamination that makes its way to the food supply.

Statistics are Unreliable

There are statistics available to determine norovirus outbreaks on ships, but that number can be deceptive because a norovirus may be different than food borne illness (i.e., “food poisoning”). In fact, in many instances, illness on cruise ships can be the result of e.coli, a foodborne illness.

The CDC also has specific requirements for when an outbreak qualifies as a reportable outbreak. For example, a certain set of symptoms must be met by a passenger before that passenger’s illness is reported to the CDC as an outbreak. And even ships that have very good ratings or safety records can be hit with viral outbreaks.

If you are injured or get sick while a passenger on a cruise ship, you have rights. Don’t be a victim. Speak to a maritime attorney about making a claim or lawsuit for your injuries. Talk to the Florida cruise ship attorneys at Gerson & Schwartz, P.A. today for a free consultation about your cruise injury case.

Just when it seems that the cruise industry really can’t ignore common sense safety precautions any more than they have already, new information comes out guaranteed to surprise anybody with a modicum of common sense. This time it has to do with national news reports revealing the lack of safety precautions used by cruise ships at their onboard pools.450894208_f1a963aa17

Report reveals Lack of Lifeguards

An NBC News Today Show report recently revealed that many cruise lines have no lifeguards at or around their onboard pools, despite more than 1.5 children million cruising every year (although lifeguards are a safety precaution for all passengers, not just children).

The report detailed numerous incidents of children who nearly drowned in onboard cruise ship pools. In most cases, it was fellow passengers who had to rescue them from certain drowning. But many children are not rescued, dying as a result of unmonitored activity in the pools. And even where rescued, many children suffer serious brain injury after a near-drowning event.

Other than Disney, almost no other major cruise line stations lifeguard at their pools, according to the report.

Cruise Industry Gives Pathetic Response

The cruise lines international association, speaking on behalf of the cruise lines, simply responds by saying that there are signs onboard clearly disclosing the lack of a lifeguard. In other words, the cruise lines believe that as long as they tell you they are disregarding common safety procedure, it must be okay.

Another common cruise line tactic when there is a tragedy is to blame the parents. Surely, parents have some responsibility in monitoring and safeguarding their own children. But a cruise ship may have 1,000 children onboard, and it takes only a moment’s distraction for tragedy to strike. In many cases, a drowning is silent—there may be no splashing or disruption to alert a parent. Even the most diligent parents can’t keep a constant eye on a pool the way a lifeguard can (and many may not even have the water skills themselves to assist a drowning child).

Don’t be fooled by the “safety” of shallow water either—children can drown in shallow water as well as deep water.

The cruise lines give no reason why most water amusement parks have lifeguards, yet the cruise industry doesn’t feel it’s necessary for them.

When Will Lifeguards Be Implemented?

Because only a handful of dead and disabled children apparently isn’t enough to make a decision, the association says it’s continuing to monitor the situation to see if additional safety measures should be implemented.

As is the case with many injury lawsuits, cases can have not just the effect of trying to make a victim whole, but can also have larger effects on the safety of entire industries. That means change may only come when problem hits the industry in its pockets, through lawsuits and verdicts that force cruise lines to implement lifeguards.

If you are injured while a passenger on a cruise ship, don’t allow poor safety measures to continue. Hold negligent cruise ships responsible, and speak to a maritime attorney about making a claim or lawsuit for your injuries. Talk to the Florida cruise ship attorneys at Gerson & Schwartz, P.A. today for a free consultation about your cruise injury case.

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If you have ever been on a cruise, and the ship visited ports of call, you may have noticed that in many cases, the countries you visited did not have easy transport from the ship to land. In fact, in many cases, there may not have been any access at all, but rather you may have had to board smaller ships to take you to the mainland from the ship and back again.

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This is quite common. Unfortunately, a recent tragedy is highlighting what a cruise line’s duty is with respect to these transports.

Accident Happens While Getting Off Ship

While aboard a 112-night world cruise, a passenger died when boarding a tender, the name of the smaller boats that take passengers from the cruise ship to the mainland. These boats are often needed because many ports of call don’t have the infrastructure to accommodate larger cruise ships. Sometimes, inclement weather may require that a cruise ship stay a distance away from shore.

Access to the tenders from the cruise ship is often by a ramp that extends from the ship to the tender. But transfer from ramp to tender can be tricky: both may be moving with the tide, and the alignment from one to the other is never perfect. In many cases, the cruise line will have employees there assisting customers in making the transport.

Unfortunately, it appears in this case as if the ramp gave way as the passenger was making the tender-ramp transfer. This may have been a result of bad weather that delayed the ship when it reached its destination. Despite the fact cruise line employees dove into the water to help her, the passenger died as a result.

Cruise Lines Can’t Blame Others

In many cases, the companies that operate the tenders are private companies that may have no relationship with the cruise ship company. Thus, many cruise lines may try to place blame for any accident on these companies.

But federal maritime law makes this difficult. The law places a heightened duty on cruise lines when it comes to providing transport on and off their vessel. That heightened duty prohibits the cruise line from blaming another company for negligence. In legal terms, this is known as a “non-delegable duty.”

It’s important to remember the distinction between transport on and off a vessel, and excursions. If you are injured on an excursion (the activities that are available at the port of call), the cruise line usually will be able to place the blame on the excursion company as an independent contractor of the cruise line. The question is whether the activity involved getting to and from the cruise ship. If it did, the heightened duty comes into play.

If you are injured while a passenger on a cruise ship, make sure you have attorneys that understand complex federal maritime laws, and the different legal standards that may apply depending on your accident. Talk to the Florida cruise ship attorneys at Gerson & Schwartz, P.A. today for a free consultation about your cruise injury case.

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If you’re on a cruise ship, and you’re injured as a result of medical malpractice, federal law which governs injuries at sea has been fairly consistent that you cannot recover damages against the cruise line as a result of the negligence.

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There have been all kinds of excuses to deny recovery under a malpractice theory. One shouldn’t expect the same medical care on a ship as they do on land. Cruise ships are not floating hospitals, and shouldn’t be held to a medical malpractice standard the same way real medical facilities are. Or, the doctors on the ship are independent contractors, and thus, the cruise ship can’t be responsible for their negligence.

But a recent case now seems to be turning the law around, providing medical malpractice victims at sea a possible remedy under federal laws.

Passenger Dies After Injury at Sea

The case involves a man who hit his head while onboard, and went to the medical facility on a Royal Caribbean ship. After a cursory review (and no scans) the doctor said for him to simply rest. The man went back to his cabin, but after feeling worse, was taken back to the infirmary. Four hours after his accident, he was finally sent to a hospital in Bermuda.

The passenger had suffered a traumatic brain injury, which would lead to his death days later.

The family alleged the doctors should have recognized the injury, and gotten the passenger immediate help.

Federal Court Allows Malpractice Claim

A federal appeals court has now determined that Royal Caribbean can be sued for the negligence of its doctors, in a reversal from settled maritime law. The appeals court noted that Royal Caribbean had touted its medical facilities in promotional materials, and that the medical staff wore Royal Caribbean uniforms. It also noted that most cruise ships today have very advanced medical care equipment, laboratories on board, and the technology to speak live with doctors on shore.

Thus, the court felt there was no longer any need to exempt cruise ships from medical malpractice claims.

Royal Caribbean, of course, disagrees with the ruling, feeling that cruise ships shouldn’t be punished for having advanced medical facilities on board. It contends it is not in the health care business; it’s in the travel/cruise business.

But the appeals court has thus far refused to reconsider their ruling. The United States Supreme Court court take the matter up in the future.

Proving Medical Malpractice On a Cruise

If the ruling stands, the key to proving a medical malpractice claim will be to demonstrate a “connection” between ship doctors and the cruise company. That shouldn’t be difficult, as most cruise lines spend money on maintaining full medical facilities, and many cruise line associations even require a ship to have medical staff on board.

The case opens the door to a new avenue of recovery, but one that should have been recognized a long time ago. Hopefully, it will also raise the level and quality of medical care provided on cruise ships as well.

Remember that you have rights as a passenger on a cruise ship, and if you’re injured as a cruise passenger, you want attorneys that understand the federal maritime laws. Talk to the Florida cruise ship attorneys at Gerson & Schwartz, P.A. today for a free consultation about your cruise injury case.

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