Earlier this week, the Florida Third District Court of Appeal issued a decision in the case of Taylor v. Gutierrez, which demonstrates the intersection of the maritime and medical malpractice fields of law. Our experienced Florida cruise ship attorneys have been monitoring the case closely as it pans out.

In Taylor, the plaintiff, Hilda Gutierrez, was a passenger on Royal Caribbean’s Oasis of the Seas cruise ship in May 2010, which sailed from Port Everglades, Florida through the Western Caribbean. At some point during the cruise, Gutierrez began experiencing severe abdominal pain and was taken to the ship’s medical facility. The ship’s physician, Dr. Chris Taylor, diagnosed Gutierrez with gastritis when she was actually suffering from an abdominal infection.

Gutierrez’s condition became worse and, upon reaching port in Mexico, she went to a hospital where she underwent abdominal surgery. Gutierrez was treated for abdominal sepsis and multiple organ failures and suffered a cerebral hemorrhage.

In 2011, Gutierrez filed suit against Taylor and Royal Caribbean Cruises, alleging medical negligence, in the in the Miami-Dade Circuit Court. Taylor moved to dismiss for lack of personal jurisdiction and to dismiss for failure to state a cause of action. The court also denied the motion to dismiss for lack of personal jurisdiction, finding that while specific jurisdiction did not exist over Taylor under Florida’s long arm statute, but had general jurisdiction over under the following provision of the statute:

• A defendant who is engaged in substantial and not isolated activity within this state…is subject to the jurisdiction of the courts of this state, whether or not the claim arises from that activity.

In response to Taylor’s motion to dismiss, Gutierrez argued a number of facts which established Taylor’s connection to Florida, including: Taylor attended medical conferences in Florida and received advanced cardiac life support certification in Florida; Taylor was a presenter at medical conferences in Florida; maintained bank accounts in Florida; Taylor worked on cruise ships that travelled in and out of Florida ports; Taylor had employment agreements with Florida-based cruise lines over nine years that stated that Florida would be the jurisdiction to resolve any disputes arising under the agreements.

Upon review of these facts, the trial court determined that Taylor was subject to its jurisdiction, opining that Taylor had played a “shell game” to avoid jurisdiction in Florida and engaged in a “nefarious scheme” to avoid being sued in any court.

On appeal, The Third District Court of Appeals reversed, reasoning that that the facts alleged by Gutierrez were not sufficient to establish Florida’s jurisdiction over Taylor. The Court reviewed each of the facts individually and determined, for various reasons, that they failed to show that Taylor had the “substantial, continuous, and systematic business contacts” necessary to exercise jurisdiction over him.

As demonstrated by the Court’s decision in Taylor, cruise ship cased must be handled differently than ordinary personal injury cases, because they often arise under a different type of law, such maritime, admiralty, or contract law, and are subject to much shorter statutes of limitations to pursue a claim, sometimes as short as one year. Further, cruise companies often utilize various tactics to delay litigation, resulting in the degradation of evidence and, in certain cases, loss of the right to compensation.

The Florida cruise ship accident attorneys of Gerson and Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and has been representing the victims of cruise ship accidents for over four decades. If you or someone you know has been injured in a cruise ship accident, contact the attorneys of Gerson and Schwartz, P.A. today.

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In 1985, the largest cruise ship in the world was the 46,000 ton Carnival Holiday. A decade ago, the largest ship was the Queen Mary 2, was three times as large at 148,528 tons. Today, this distinction is held by Royal Caribbean’s Oasis and Allure of the Seas; each weighing in at an astonishing 220,000 tons and having a capacity of well over 6,200 passengers. As these statistics demonstrate, the size of passenger cruise ships has grown exponentially over the last thirty years, and shows little signs of stopping. This raises the question, however, is there such a thing as a cruise ship that’s too big?

It would appear that, despite a number of recent setbacks suffered by the industry, cruising is more popular than ever, and growing. In 2012, more than 17 million people jumped on a cruise ship, 10 million more than in 2000. As demand for cruises, grows, so does the size of ships that can carry more passengers and provide greater entertainment, shopping, and dining experiences. With more “real estate” to cover, however, cruise ships may struggle to maintain a satisfactory level of passenger safety.

With more entertainment venues comes a greater risk of injury to passengers, especially when cruises feature options such as on-board surfing and giant waterslides. Some ships have several gigantic pools which too often go unsupervised by lifeguards. Last month, 6-year-old Qwentyn Hunter of Winter Garden, Florida, drowned in one of the pools aboard the Carnival Victory where there were no lifeguards on duty.

In addition to the greater risk of injury to passengers, larger numbers of passengers with more room to move around increase the likelihood of criminal activity. According to a report by the FBI, in 2007, 207 criminal incidents were reported to the FBI by the U.S. Coast Guard and Cruise Lines International Association (CLIA). Of those crimes, 41 reported instances of more secluded locations that are not monitored by ships personnel, with sexual assault accounting for fifty-five percent of the violent crimes that were reported. Larger ships are more trafficked by passengers, and represent ideal locations for the commission of a crime.

Finally, larger ships means more areas in which a passenger can slip and fall. Foreign substances often make their way on to passenger cruise ships, cargo vessels and their decks. If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it. This is harder to do when crew members have a lot more ground to cover.

As this blog has mentioned before, because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.
The Florida cruise ship accident attorneys of Gerson and Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the attorneys of Gerson and Schwartz, P.A. today.

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