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Miami Cruise Ship Liability for Missing, Overboard Passengers

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

Cruise ships are required to be equipped with numerous safety features to prevent guests from accidentally going overboard. There are even measures to stop passengers who intentionally jump off the ship, whether due to inebriation or suicidal tendencies. Once a person has gone overboard, the chance of survival is limited due to multiple factors:

·         A person can be seriously injured in the fall, and head injuries are common.

·         The ocean is vast, making it difficult to see or hear someone.

·         It is hard to stay above water in rough seas.

·         There are ocean predators that may attack.

·         A victim is quickly at risk of dehydration and hypothermia.

Challenges with Missing Passengers

There are also difficulties in resolving the situation when a person goes missing while on a cruise or during a shore excursion. Some missing passengers are later found to have gone overboard on video, while others are the victim of violence or crime. Because of individual privacy rights, cruise lines typically do not conduct thorough investigations of missing persons right away.

Cruise Lines and the Duty to Passengers

Cruise operators have a duty to provide a safe environment for passengers, so they must protect against scenarios involving missing or overboard passengers. They must ensure that railings are secure, decks are not slippery, and staircases have proper handrails. The cruise line must also take precautions to prevent passengers from voluntarily going overboard, such as netting in some open-access areas.

Victims and survivors have legal remedies against cruise operators who breach the duty of care, so it is possible to recover for medical costs, pain and suffering, and many other losses.

Set Up a Free Consultation with a Miami Cruise Ship Accidents Attorney

Cruise operators may shift responsibility for missing or overboard passengers, so legal counsel is critical if you were affected. For details, please contact Gerson & Schwartz, PA, in Miami, Fort Lauderdale, or West Palm Beach, FL. We can schedule a free consultation with a knowledgeable cruise ship accident lawyer who will advise you on options. 

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