maritime accidents

Eight Year old Child Medevaced from Royal Caribbean Cruise Anthem of the Seas; Other passengers seriously injured in accidents on board too

July 11, 2016 | by Gerson & Schwartz, P.A.

Over the Juy 4th weekend, it was reported that multiple passengers were seriously injured on the Royal Caribbean’s Anthem of the Seas. The most serious incidents includes a report that an 8 year old child drowned in the ship pool. In addition, several other passengers reported orthopedic injuries and possibly broken bones due to slip, trip and fall hazards on the Anthem as well. One passenger has already contacted the cruise ship injury lawyers at Gerson & Schwartz, PA to discuss potential clams she may have against this cruise line for their negligence. Under federal maritime law, cruise line operators are required to provide reasonable care under the circumstances. What reasonable care means however, depends on the facts of each case and can vary depending on a number of factors that need to be carefully analyzed by a law firm that specializes in maritime law.

The latest drowning incident highlights the long need for cruise ships to employ lifeguards in their pools facilities. Legal and safety advocates state that the cruise lines are not legally required to employ lifeguards. However, given the increase number of drowning incidents in recent years, cruise line operators have been pressed to utilize lifeguards just as any other water, or recreation facility to make these attractions more safe. In this case, the 8 year old boy had to be medevaced from the ship. He was eventually taken back to Staten Island. His current medical condition is unknown. The investigation into the drowning incident and other unfortunate accidents and injuries that occurred on the latest Anthem of the Seas will be evaluated over the next several months. Gerson & Schwartz lawyers have over 45 years experience representing accident and injury victims on both land and sea. Our lawyers are ready and willing to assist you with a potential legal claim against all of the major cruise lines, including Royal Caribbean, Carnival, Norwegian, Holland America and others. For more information on how we can help, contact the cruise ship accident attorneys at Gerson & Schwartz, PA, for more information. All cases are handled under a contingent fee.

Jurisdiction Issues in Cruise Ship Lawsuits

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

While swarms of people embark on cruise ships annually, crimes committed upon them seem to run rampant. What is sad is that many individuals who commit crimes aboard cruise ships actually get away with their crimes. It is a mess. What makes it even messier is the existence of the jurisdiction issue. A congressional hearing in 2007 revealed that in the past three years, 28 people have disappeared while on cruise ships. Of these, only three have been found! There have been 200 reported cases of assault or sexual misconduct aboard cruise ships. There have been four cases reported of grand theft. True, this may not appear to be a huge number of incidents. Yet, it is a large number when you take into consideration the several nuances of enforcing the law at sea. Most of these cases have not been sufficiently investigated and few have even been solved.

If you are a victim of crime or injury at sea, to best safeguard your interests, it is imperative that you hire an attorney for your case. The experienced Miami maritime lawyers at Gerson & Schwartz PA are here for you. We have the experience and skill needed to take on your case. Our attorneys are experienced in filing claims against all major cruise lines. We know how to aggressively handle maritime lawsuits. We will fight hard to enforce your legal rights and we will not hesitate to bring your case to trial if a fair settlement offer is not made.

Jurisdiction at Sea

Cruise Ship Crashes into Wharf and Pier injuring Passengers

April 15, 2016 | by Gerson & Schwartz, P.A.

Cruises have quickly become one of the most popular forms of vacationing. Each cruise is accompanied by its many activities to pick from and enjoy. For instance, several cruise lines offer whale watching. Whale watching is the practice of observing whales in their natural habitat. As with other vacationing activities, accidents tend to occur. One notable incident recently occurred. A 150-foot whale watching ship crashed into a wharf next to a downtown pier, injuring seven passengers and damaging the ship. There were 144 people onboard this ship. As it turns out, crewmembers reported that mechanical issues stuck the ship’s throttle in the forward position just prior to the ship’s crash. At the moment, the United States Coast Guard is investigating this accident.

This was certainly a horrific incident. If you or a loved one were injured on a cruise ship, you may be entitled to substantial compensation. It is imperative that you hire an experienced attorney for your case. The Miami maritime lawyers at Gerson & Schwartz PA are here to help. Our attorneys are experienced in filing claims against all major cruise lines. We know how to aggressively handle maritime lawsuits. We will fight hard to enforce your legal rights and we will not hesitate to bring your case to trial if a fair settlement offer is not made.

If an Accident Occurs

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 Ships and Injured Children

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

Embarking on a cruise vacation is something that most of us truly enjoy. It is even more special when your family is all together. Yet, as with any other form of vacationing, accidents can happen. For example, just recently, on a central Florida-bound cruise ship, nearly 35 miles east of Cape Lookout, two children were discovered unconscious in a pool around 11:30 a.m. The older child was ultimately revived and flown by a Marine Corps helicopter to a nearby hospital. Unfortunately, the younger child died onboard the ship.

This was certainly a tragic event that should not have occurred. The cruise line itself should consider several safety procedures to ensure this never happens again. There should have been a lifeguard, or two, watching over swimmers in the pool. Not all injuries to children on board cruise ships are fatal, but injuries to children on cruise ships are all too common. If your child is injured on a cruise ship, he or she may be entitled to substantial compensation. It is important that you hire an attorney for your case. The Miami maritime attorneys at Gerson & Schwartz PA are here to help! We know the relevant laws and have over 80 combined years of representing cruise ship passengers and crewmembers that are injured.

Premises Liability on Cruise Ships

Lawsuits Against Cruise Lines

March 25, 2016 | by Gerson & Schwartz, P.A.

Are you contemplating suing a particular cruise line? These suits are not uncommon. Recently, a group of 33 Carnival passengers sued Carnival Cruise Lines for damages after an engine fire left the cruise ship adrift for five days. The affected passengers asked the company to pay $5,000 per month for the remainder of their lives for mental anguish and medical expenses. Their cruise ship, after suffering an engine fire, was left without power, air conditioning, and operating toilets. A federal judge in Florida heard arguments from each side. Said judge found that the cruise line was negligent for the engine fire and awarded damages to the class.

There are countless reasons why you may wish to sue a cruise line. Maybe you were injured on the ship or suffered sickness from undercooked cruise ship food. Or maybe you were the victim of a crime on the ship due to lack of security measures. Or maybe the suspect was actually a crewmember! It is important that you consult your cruise ticket. This is because cruise lines inoculate themselves against passenger lawsuits by printing stringent terms on their tickets that require passengers to waive their right to a class action lawsuit.

Whatever the reason may be for your desired lawsuit, the process of taking action against a cruise line is quite complex. It is therefore highly advisable that you retain an experienced maritime attorney like the ones found at Gerson & Schwartz PA. We know the relevant laws and have over 80 combined years of representing cruise ship passengers and crewmembers that are injured.

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.

Wrongful Death at Sea

March 4, 2016 | by Gerson & Schwartz, P.A.

Vacationing overseas on a cruise continues to be a very popular form of vacation and appeals to all generations. Despite its popularity, accidents can occur. These accidents are sometimes fatal. Just recently, off the coast of Florida, a family boarded the Carnival Ecstasy cruise ship for a Christmas time cruise. On a Sunday evening, they were headed to dinner when they witnessed blood streaming down the doors of an elevator. Jose Sandoval Opazo was killed while working on an elevator on board the cruise ship. He was employed as an electrician on the cruise ship. This is certainly a tragic story, yet, death overseas can suddenly happen to anyone embarking on a cruise.

If a death occurs more than three nautical miles from the coast, the Death on the High Seas Act (“DOHSA”) will apply. If a loved one’s death was caused by the negligent, reckless, or intentional act of another on a cruise ship, family members can recover for their pain, suffering, and monetary losses by filing a wrongful death claim against the responsible party. It is important that you hire an experienced wrongful death attorney. Doing so can ensure that you receive compensation for the financial consequences and for your pain and suffering from the devastating loss. The experienced Miami wrongful death attorneys at Gerson & Schwartz, PA are here to help. Our Miami wrongful death attorneys are Florida board certified trial lawyers and have also handled several wrongful death cases.

Death on the High Seas Act

Suit Against Cruise Line for Traveling into Hurricane

February 19, 2016 | by Gerson & Schwartz, P.A.

On February 6, 2016, nearly 4,500 passengers boarded Royal Caribbean Cruises’ Anthem of the Seas and departed on a trip to the Florida and the Bahamas. Unfortunately, a severe storm began the next day. Said storm was accompanied by wind gusts of up to 120 miles-per-hour and about 40-foot tall waves! Due to the severity of the storm, the ship’s captain ordered everyone to remain in their rooms. One passenger, Mr. Simpson, brought a negligence lawsuit against the cruise line. Mr. Simpson alleges that the captain of the cruise ship had knowledge of the approaching storm and neglected the safety of the passengers. The captain negligently opted to sail through a hurricane. During the hurricane, the ship shook so violently that Mr. Simpson was thrown 18 feet across his room. He sustained a concussion, a bruise on his left eye, an injured wrist and pains and bruising on his torso, ribs, and neck. Mr. Simpson now seeks to recover damages in physical injury, physical pain and suffering, impairment and economic insecurity.

What to Do if You Suffer an Injury on a Cruise Ship

First of all, please be advised that you must act quickly if you or your loved one suffers an injury at the fault of a cruise line. As a matter of fact, at the moment you purchase your cruise ship ticket, you are entering into a binding contract with the cruise line. This particular contract, once in writing, specifies how long you have to file a lawsuit if you are injured, for example. What is noteworthy is that this time limit can be as short as six months to one year. For this reason, it is imperative that you retain an experienced maritime lawyer as soon as possible to begin working on your case.

Jones Act Claims

February 12, 2016 | by Gerson & Schwartz, P.A.

On October 1, 2015, a freighter ship by the name of El Fargo sank in 15,000 feet of water near the Bahamas. All 33 of its crewmembers died in the sinking. In Florida, a family of a now deceased crewmember filed a lawsuit under the Merchant Marine Act of 1920, also known as the “Jones Act,” against the captain and owner of the ship, Michael Davidson. The freighter ship departed from Jacksonville, Florida en route to Puerto Rico carrying cars and other cargo. The ship eventually lost power to its engine and failed to avoid a category four hurricane. The Florida wrongful death lawsuit filed against the ship’s owner and captain demands $100 million in damages. Basically, the captain and owner of the freighter ship negligently decided to sail the 41-year-old freighter ship into the dangerous storm, putting all passengers’ and crewmembers’ lives at great risk.

First, however, to be protected under the Jones Act, the worker must establish that he is a seaman. A seaman is a person who spends a large amount of time working as a captain or as a crewmember on a vessel that is considered to be in navigation. If you or your loved one is an injured crewmember or captain, it is imperative that you hire an experienced maritime lawyer to establish your entitlement to legal protections under the Jones Act. The maritime attorneys at Gerson & Schwartz, PA provide legal representation for seriously injured crewmembers and ship employees. For over 40 years, our lawyers have litigated these complex claims. Our personal injury law firm will fight for your legal rights.

Your Rights under the Jones Act