personal injury

Cruise Collision and Personal Injury

August 24, 2016 | by Gerson & Schwartz, P.A.

A personal injury that occurs on a cruise ship can have a number of causes. A collision with another ship, although relatively rare, is one such cause of personal injury that is rarely discussed. One report of a cruise ship that collided with a ferry has sparked interest among many in the legal community. Many maritime lawyers are expecting some type of legal action to take place against the cruise line, either from passengers or crew members, in relation to the event.

Seeking Legal Help for Cruise Ship Accidents

Cruise ships are supposed to be navigated and directed in a safe and efficient manner in an effort to avoid collisions. This did not happen with the UK-based Cruise and Maritime Voyages. A recent report shows that this cruise ship collided with a ferry. At this time, there are no official reports of injury, but it would not be surprising that a cruise ship collision did result in some type of injury for some of the passengers and crew on board.

Attack on a Cruise Ship

July 1, 2016 | by Gerson & Schwartz, P.A.

Perhaps contrary to popular belief, criminal acts run rampant on cruise ships. This in large part is due to the extreme lack of security personnel. For instance, and unfortunately, cruises do not have law enforcement officers on board. However, cruise lines do employ their own security personnel. These security personnel are trained to maintain the safety on cruise ships and to protect evidence of a crime. Even with these special security figures, crime remains commonplace on cruises.

Recently, on the Royal Caribbean Independence of the Seas cruise ship, Jason Lawson, 32 years of age, was charged for an attack on a 13-year-old boy. Lawson’s 13-year-old daughter also attended the cruise ship and was offered a keychain for her virginity by said 13-year-old boy. Lawson is accused of assisting Arturno Martinez Jr., 30, assault the young boy. In short, Lawson now faces battery, false imprisonment and additional charges from this incident. The other attacker, Martinez, was charged with child abuse, assault, battery and false imprisonment of a child. At the time of this incident, Lawson forced the 13-year-old boy to apologize to his daughter. Minutes later, the 13-year-old girl’s uncle, Martinez, cornered the young boy in the cruise ship’s library and began to beat him. At the same time, Lawson watched and blocked the boy’s escape.

If you or a loved one are a victim of a crime, it is imperative you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online to set up a FREE initial consultation.

Cruise Ship Door Amputates Grandfather’s Thumb

April 8, 2016 | by Gerson & Schwartz, P.A.

Despite today’s poor economy, the cruise industry is certainly thriving. Cruise Market Watch, an online database, predicts that the cruise line industry will grow at a rate of 7% between now and 2017. People normally embark on cruises for one key reason: to escape the stresses of ordinary life. Yet, despite the opportunity to rest and relax, please be advised that you are not out of harm’s way.

For instance, a tragic incident recently occurred on a Disney Cruise ship when a grandfather’s thumb was amputated. Marco Acosta, 73, was enjoying his time on a Disney cruise ship preparing for the Captain’s dinner when the horrific injury occurred. Mr. Acosta was standing near a hallway door with his thumb on the doorframe, while his wife was also holding the door open with her foot. She moved her foot and the door “slammed shut with force” on Mr. Acosta’s thumb, severing it. Mr. Acosta visited a Cruise nurse who bandaged the wound and put the severed thumb on ice. It was days before Mr. Acosta had the opportunity to see a doctor. By this time, it was too late to reattach his severed digit.

Mr. Acosta filed a lawsuit against the cruise line, alleging that Disney’s negligence resulted in his injury. The lawsuit alleges:

Cruise Ship Injury Claims

March 18, 2016 | by Gerson & Schwartz, P.A.

Closeup of assorted coins.

In our last post we discussed the process of filing a claim against a cruise line. This post will delve into settlements. There is actually a lot involved with settlements in any case. Upfront, however, please be aware that often times cruise lines will not settle without a reason. In obvious liability cases, the cruise line operator may realize that the odds are against them. Other times, companies may settle as a business decision. However, that decision depends on the injuries involved, vialibility of the legal theories at issue. At times, the public may think that because they read about a court settlement that the cruise line company will just fold. What they do not always realize is that many settlements dont even happen until hours and hours of work take place. Sometimes, the cruiseline companies may settle just before trial. Cases can even settle during a trial or before the case is presented to a jury.

If you seek to bring a personal injury claim against a cruise line company you should always hire an experienced attorney for your best chances of receiving a fair and just settlement. The maritime attorneys at Gerson & Schwartz PA are here to help. Our attorneys know the relevant laws and value of personal injury claims while representing cruise ship passengers and crewmembers that are injured.

Cruise Ship Injuries

January 29, 2016 | by Gerson & Schwartz, P.A.

Face it, we all love vacations. They are a time to get away, clear your head, and simply relax. What we do not want is to face a tragedy while on vacation. Tragedy can happen anywhere and to anybody. For instance, just two months ago, a passenger fell off a cruise ship off the coast of Florida. Prior to falling overboard, the passenger was involved in a verbal altercation with several of the ship’s crewmembers. These crewmembers yelled many gay slurs at said passenger who was on a vacation with his husband. Following the verbal altercations the passenger was seen falling off the side of the ship and grabbing a hold of a lifeboat. Cell phone videos captured this scary scene. The passenger eventually lost his grip and fell into the dark, treacherous ocean. The frantic search that covered 931 nautical miles was unsuccessful, and the investigation is currently pending as to the cause of this tragic incident.

Tragic accidents, can happen to anyone anywhere, even on cruise ships. If you are a cruise ship passenger or crewmember and you are injured on the cruise ship, you should hire an experienced lawyer for your case. There are special laws, both federal and international, that govern injury and death claims at sea. Fortunately, the Florida cruise ship accident lawyers at Gerson & Schwartz, PA have significant experience aggressively pursuing claims against all the major cruise lines including Carnival, Royal Caribbean, Norwegian, Princess Cruises, Disney Cruise Lines, Holland America, Celebrity, Costa, Seabourn, Regent, Crystal and many other vessels.

What to Do if You or a Loved One is Injured on a Cruise Ship

The Dangers of Shore Excursions

January 22, 2016 | by Gerson & Schwartz, P.A.

For cruise trips, shore excursions are rapidly growing in popularity and variety. Shore excursions help maintain the interest and attention of passengers of a particular cruise. Excursions typically offer access to a wide variety of tourist areas that are different from the ports and harbors where the cruise ship rests. They are also popular because by booking a specific excursion, the individual does not have to stress about sightseeing on this or her own. Instead, the cruise ship will take care of this. The cruise company will choose a relevant and necessary onshore tourist site and allow the individual to enjoy the highest quality of time there.

Albeit fun and convenient, excursion accidents do happen, and these accidents are sometimes tragic. Just last summer an Alaska sightseeing excursion plane crashed killing all nine passengers including the pilot! This plane was carrying cruise ship passengers on a shore excursion when it suddenly crashed near Ketchikan in the Misty Fjords area. Said plane was first reported missing at around 2:06 p.m., or 6:06 p.m. Eastern Time. Less than 30 minutes after the initial report, said plane was spotted by a helicopter crew against a granite rock face. Search and rescue teams then reached the crash site which was nearly 800 feet above Ella Lake.

Maritime laws differ significantly from ordinary personal injury laws and are highly complex and unique. Maritime laws maintain several rules pertaining to the time you may file your claim, legal liability, and the amount of money recoverable from your case. Generally, maritime law consists of a combination of different bodies of law from federal statutes, international treaties, laws of contract, and even substantive foreign law. Many people are unaware that maritime laws may govern their accident. Thus, if you are injured in a maritime accident, you should contact a qualified Florida maritime attorney.

Help is Not Around the Corner

October 30, 2015 | by Gerson & Schwartz, P.A.

A Royal Caribbean cruise ship, the Splendour of the Seas, caught on fire in the engine room as the cruise ship was sailing in the Mediterranean near the Greek islands. The fire was so large that crew members had to remain at their emergency stations for hours on end. Passengers reported not feeling well and struggling with the constant smell of smoke. Some passengers and crew members had to be treated for smoke inhalation. Our team of cruise ship injury lawyers are not surprised by this news. If something goes wrong on a cruise ship that is out to sea, help is not around the corner.

This is not the first time Royal Caribbean has had a large fire on a cruise ship. For example, in July 2015, a fire broke out on the Freedom of the Seas as it traveled toward Falmouth, Jamaica. Additionally, in May 2013, a large fire suddenly developed on the Grandeur of the Seas and the crew battled with the fire for over two hours.

One passenger aboard the Splendour of the Seas reportedly stated that the ship was operating on just one engine resulting in a very rocky, turbulent trip. It was even difficult to simply walk around and numerous passengers are sick.

Cruise Ship Death Remains a Mystery

October 16, 2015 | by Gerson & Schwartz, P.A.

Wendy Lewis was enjoying a trip with her husband on the 650-foot luxury cruise ship Seabourn Quest. Unfortunately, reports indicate that Mrs. Lewis fell from the cruise ship and died. Her body was discovered in the waters of Cape Ann. Our team of cruise ship wrongful death lawyers are deeply saddened to read about another life lost on a cruise ship. To make matters worse, her death certificate states that the cause of her death remains “pending,” according to the Gloucester Times.

The FBI continues to investigate the tragic death of Mrs. Lewis. Kristen Setera, speaking for the FBI, stated that the case remains an “ongoing investigation,” and that Agency continues to have “no comment at this time” regarding the woman’s identity or the circumstances of her tragic passing.

The Larger the Cruise Ship, the Larger the Mystery

Delay in Care – A Major Risk with Cruise Ship Injuries

September 22, 2015 | by Gerson & Schwartz, P.A.

A 24-year-old woman fell and suffered serious head trauma while aboard a Carnival Victory cruise ship. News reports indicate that she is now fighting for her life and may be paralyzed unable to ever walk again. Our team of Miami cruise ship injury lawyers are shocked and saddened by this news report. It begs the question – could this traumatic injury have been prevented?

The details about what exactly caused the passenger to fall on the cruise ship remains a mystery, as of the date of this posting. However, what we do know is shocking. The young woman reportedly hit her head hard, but was not taken off the cruise ship through medevac to the hospital for six to eight hours, according to MyFoxBoston.com. In that six-to-eight hour delay, she suffered multiple strokes.

A delay of that length is wholly unacceptable. Why she was not medevacced immediately upon

What You Need to Know if You are in a Boat Incident in Florida

July 14, 2015 | by Gerson & Schwartz, P.A.

In 2013, there were 736 reported boating accidents in the state of Florida and over 60 of those accidents resulted in at least one death, according to the Florida Fish and Wildlife Conservation Commission. Furthermore, over 400 people suffered injuries in those 736 boat accidents. This is quite troubling to our team of Miami maritime lawyers. We want everyone to enjoy safe and memorable boating trips.

You may be asking yourself, “Why do so many accidents occur in Florida waters?” To be fair, Florida leads the nation in the total number of registered boats with nearly 900,000 on the books. Given the sheer volume of boaters, the risk of serious boating accidents rises.

Causes of Boat Accidents in Florida and Across the Country