Cruise Ship Accident Lawyer Blog

What is Arbitration in Cruise Accident Cases?

September 15, 2024 | by Gerson & Schwartz, P.A.

The basic timeline of a personal injury case typically includes filing an insurance claim and a lawsuit in court, with the possibility of settlement as a means of resolving the case. However, with cruise ship accidents in Miami, there is usually another step in the process because of the unique nature of these claims. You might be required to participate in a form of alternative dispute resolution (ADR) known as arbitration. The American Arbitration Association (AAA) notes a few of the clauses that may be included in your cruise vacation contract, which may indicate you are required to enter into arbitration.

The benefits of arbitration after a cruise ship accident include a shorter time to resolution, avoiding court, and reduced legal expenses. Plus, in most cases, you will still be able to file a lawsuit in court if the arbitration process does not result in a reasonable amount of damages. Your Miami cruise ship accident lawyer will handle all necessary tasks and represent you during the process, but some information about arbitration is useful.

Overview of the Arbitration Process

Miami Cruise Line Liability on Private Islands

August 15, 2024 | by Gerson & Schwartz, P.A.

As if there were not enough amenities and options for fun onboard, many cruise operators have purchased or leased private islands to extend the experience for passengers. A helpful online resource for information on cruise vacations, Cruise Critic, reports that seven of the major cruise operators own private islands. Several of these are islands in the Bahamas and Caribbean, so many of the cruises that depart Miami will include a stop at these locations. The amenities and attractions once ashore may vary by cruise line.

Unfortunately, the activities on a cruise operator’s private island can still lead to serious accidents. Therefore, the question about liability often arises, particularly whether you can hold the cruise line accountable for injuries that occur while on shore. A Miami cruise ship accident lawyer will assist with your remedies, since these organization can be liable in many cases.

Overview of Cruise Ship Liability

Miami Cruise Ship Liability for Missing, Overboard Passengers

July 15, 2024 | by Gerson & Schwartz, P.A.

You might read occasional news reports about passengers who have gone missing or overboard while on Miami cruise ship vacations, so you may not realize that these incidents are tragically quite common. According to statistics revealed by Florida Today, a total of 386 passengers went overboard on cruises and ferry boats from 2000 to 2023. Between 2009 and 2019 alone, there were 212 incidents of crew or guests going overboard, and just 48 were rescued. The data on passengers who have gone missing from cruise vacations is also disturbing, though problems with reporting make it difficult to determine exact figures.

The grief and uncertainty are unimaginable if you lost a loved one on a cruise vacation in Florida, but it may be a comfort to know that you might have legal remedies. Cruise operators may be liable for missing or overboard passengers in some cases, and a Miami cruise ship accident lawyer can assist with your legal remedies. Some background information is also useful.

Limited Chance of Survival for Overboard Passengers

What Happens When Miami Cruise Ships Lose Power?

June 15, 2024 | by Gerson & Schwartz, P.A.

It was a horrific scene in late March when a shipping container ship lost power in Baltimore, leading to a fatal collision and collapse of the Francis Scott Key Bridge. A similar incident occurred in Sydney Harbour, Australia, in February 2024 only the accident involved a cruise ship carrying hundreds of passengers. Unfortunately, it is quite common for cruise liners to lose power and become disabled. In many cases, the problems are resolved with assistance from land crews, tug boats, or other support.

However, the potential for serious accidents increases when cruise ships do not have power for essential systems. There are implications for the entire ship and operations, and these effects trickle down into hazards for unsuspecting passengers. It is crucial to discuss your legal remedies with a Miami cruise ship accident lawyer if you were hurt because of lost power on board. Some additional information about what happens in these situations is also useful.

Impacts on Ship Operations

How Long Does a Miami Cruise Ship Accident Claim Take?

May 15, 2024 | by Gerson & Schwartz, P.A.

It is tragic and unfortunate to be involved in a cruise ship accident on what was expected to be the trip of a lifetime for you and your family. Unfortunately, according to recent statistics, the potential for fatal and injury-causing incidents is higher than you think. From 2005 to 2011, 16 people have lost their lives in cruise ship mishaps. Another 300 individuals suffered injuries while on a cruise, and more than 150 cruise passengers have gone missing from vessels.

Like personal injury accidents that occur on land, you do have rights if you were hurt or someone close to you died on a cruise. However, these cases are very different from what you might know about Florida’s personal injury laws. Make sure to reach out to a Miami cruise ship accident lawyer right away since timing is one important factor that you need to know.

Timing and Deadlines for Cruise Accident Claims

Cruise Line Liability for Actions of Employees

April 15, 2024 | by Gerson & Schwartz, P.A.

Cruise vacations have always been popular in South Florida, but recent data indicates that they are becoming even more so since the unfortunate lockdowns of the COVID pandemic. According to industry researchers at Cruise Lines International Association (CLIA), the cruise tourism forecast for 2023 was predicted to exceed 2019 levels by 6%. These figures would mean around 31.5 passengers took cruises for 2023, though exact data is still being compiled. To support the industry, cruise operators employ approximately 200,000 workers globally.

The vast majority of these employees do quality work for their positions, but there are some that do not act in the best interests of cruise passengers. Through intentional conduct or negligence, injuries can happen. Fortunately, you may have grounds to pursue the cruise line for damages if you were hurt. A Miami cruise ship accident lawyer can assist with your claim, but some information on liability is useful for understanding your rights.

Liability and Potential Parties

What to Do After a Miami Cruise Ship Accident

March 15, 2024 | by Gerson & Schwartz, P.A.

Whether you are cruising your first time or you take large ship vacations often, you expect your experience to be memorable in all the right ways. Unfortunately, serious and life-threatening injuries can happen when cruise operators are negligent. Cruise accidents have been on the rise in recent years and are forecast to increase. Statistics indicate Port Miami reported its busiest season in the history of cruise vacations for 2023, putting more passengers at risk of cruise ship accidents.

When at sea and far from home, it can be difficult to think about what tasks you need to handle as an injured victim. You are in unfamiliar territory, yet it is essential to do all you can to protect your rights. One of your first priorities is consulting with a Miami cruise ship accident lawyer who can advise you on the legal process for recovering compensation. Plus, you can use some tips on what to do after you or a loved one was hurt in a cruise accident.

Report the Accident

Passenger Sues Cruise Line After Being Injured by Champagne Cork

February 18, 2024 | by Gerson & Schwartz, P.A.

The popping sound of a champagne cork disengaging from a bottle is the go-to file in the sound effects library when you want to indicate a festive atmosphere. The sight, sound, and smell of the spray of bubbles from a newly uncorked bottle of champagne evoke nostalgia for leisurely, convivial nights in much the way that the sight, sound, and smell of the sea foam make you nostalgic for leisurely days.

Uncorking a champagne bottle at a party that you host in your own house is a rite of passage. There is always that fear that the cork will go rogue and damage the furniture that you spent so much money on in preparation for your housewarming party. When you buy a bottle of champagne in a restaurant, at least you can be sure that the restaurant server who is opening the bottle knows what they are doing.

Most people have an instinctive fear of getting hit in the eye by a champagne cork because it can fly out of the bottle at 30 miles per hour; our reflex is to stand back. A champagne cork to the eye falls under the category of freak accidents, and a cruise ship is the last place anyone would expect it to happen. If you have been injured in a freak accident on a cruise ship, contact a Miami cruise ship accident lawyer.

Shocking Accidents on Cruise Vacations During 2023

January 15, 2024 | by Gerson & Schwartz, P.A.

A cruise vacation is supposed to be a time to connect with loved ones and enjoy a range of activities, both onboard the ship and ashore at exciting destination ports. You would never expect that accidents could ruin your trip, but they can happen on a cruise just as easily as at home. In a recent report, statistics indicate the various mishaps, accidents, and disasters that occurred on cruise vacations around the world in 2023. While some were minor incidents or disruptions, many passengers were affected by other accidents. Approximately 31.5 million people took cruise vacations during the year.

Cruise ship accidents occur because of negligence by operators, crew, employees, and other parties that fail to ensure the safety of passengers. You do have legal remedies, so consult with a Miami cruise ship accident lawyer about how to recover monetary damages. A look at the most shocking mishaps on cruises in 2023 is also informative.

Engine Room Fire Prompts Evacuation

Cruise Ship’s Passport Policy Leads to Delayed Medical Treatment for Passenger

December 15, 2023 | by Gerson & Schwartz, P.A.

Unless you are a naturalized United States citizen, it is difficult to appreciate how easy it is to travel to most countries with a U.S. passport. In many countries, you can simply buy a modestly priced visa when you arrive at the airport, and some countries will simply stamp your passport and allow you to enter without a visa. When you travel to Canada or Mexico by ground transportation, you can simply show your passport card instead of getting your passport book stamped. Of course, no matter what country you are from, it is easy to understand how not having your passport with you is an emergency. Perhaps you know someone who misplaced a passport when traveling abroad and made a frantic call to the embassy to get a replacement. Several years ago, a child suffered serious complications from a minor injury he sustained on a cruise ship because of the cruise ship’s policy about passengers bringing passports. If a cruise ship company puts you in a dangerous situation that causes or worsens your injuries, contact a Miami cruise ship accident lawyer.

Child’s Minor Injury Turns Serious Because of Lack of Access to Medical Facilities

Although everything would change a month later, the cruise industry was still in full swing in February 2020. Three-year-old Roman Mejias and his mother, Nicole, went on a Gulf of Mexico cruise operated by Norwegian Cruise Line. The cruise line advised passengers who were United States citizens not to bring their passports. While on the cruise, Roman accidentally scraped his eyelid while playing with a toy car. His mother applied over-the-counter antibiotic ointment, but the scratch became infected, and eventually, Roman’s eyelid swelled to five times its normal size. Nicole asked the ship’s administrators to make port in Mexico so that she could take Roman to a hospital, but they refused since Roman and his mother did not have their passports. Nicole even called the U.S. consulate in Mexico, but she was unable to arrange for Roman to visit a hospital in Mexico.