When your trip of a lifetime suddenly turns tragic because of a cruise ship accident, you at least gain some comfort knowing you have legal remedies. Unfortunately, injured victims typically encounter significant pushback when they attempt to enforce their rights. Miami cruise operators fall back on a variety of defenses to deny claims and protect their own bottom line.
Miami cruise ship accident lawyers are familiar with these tactics, so they develop solid strategies to challenge denials and get fair compensation for passengers. Some background is important.
Common Reasons Why Cruise Lines Deny Injury Claims
One factor frequently cited for denial is the allegation that the passenger was partially at fault, a concept known as comparative negligence. They may also argue that the hazard was “open and obvious,” meaning a reasonable person would have avoided it entirely. Additionally, lines frequently claim they lacked constructive notice of the dangerous condition before the accident, so there was no opportunity to fix it.
How Cruise Ticket Contracts Lead to Claim Denials in Miami
When you purchase a ticket, you agree to a complex contract of carriage. The fine print contains strict requirements that catch many passengers off guard. Many contracts mandate that you provide formal written notice of your injury within six months. Furthermore, they shorten the time to file a lawsuit to just one year, unlike longer statutes for typical Florida personal injury cases. Missing these specific deadlines is a primary defense for cruise lines to deny otherwise legitimate claims.
The Forum Selection Clause for Cruise Injury Lawsuits
Most major cruise lines, including Carnival and Royal Caribbean, include a forum selection clause in their contracts. This clause dictates that any legal action must be filed in the U.S. District Court for the Southern District of Florida, located in Miami. Even if you live elsewhere or the accident occurred in international waters, your case belongs here. This geographic requirement is a strategic hurdle designed to make pursuing a claim difficult for out-of-state travelers.
How an Experienced Miami Cruise Accident Lawyer Challenges Denials
A skilled lawyer fights back by gathering evidence that cruise lines often hide. This includes obtaining details to prove the operator had prior knowledge of a hazard, such as:
- Surveillance camera footage
- Maintenance logs
- Crew testimony
Overturning a denial requires a deep understanding of General Maritime Law and the specific precedents set within the Miami federal court system. In addition, by utilizing maritime safety specialists, your attorney can dismantle defenses. This expertise is vital to effectively securing the compensation you deserve after an injury.
Speak to a Miami Cruise Ship Accident Attorney About Your Rights
You can see how important it is to retain experienced legal counsel after a cruise ship accident, so please contact Gerson & Schwartz, PA, right away. Most cruise contracts impose extremely short deadlines for filing a notice of claim and initiating a formal lawsuit. Our attorneys are prepared to help you protect your rights before time runs out. Please call (305) 371-6000 to schedule your free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach.