Negligence

Cruise Ship Passenger Suffers Permanent Injury Because of Medical Error by Infirmary Staff

October 20, 2023 | by Gerson & Schwartz, P.A.

A certain subset of the senior population enjoys going on cruises; every winter, legions of grandparents fly into Fort Lauderdale International Airport, board a shuttle bus to Port Everglades, and then sail away on a cruise ship to spend the harshest weeks of winter island hopping, lounging on the pool deck, or dancing in the ship’s ballroom. For seniors who have the good sense to retire to Florida, cruise ship adventures are within commuting distance, and even when they are at home on dry land, the weather is usually conducive to the kinds of activities that lead the elderly to seek out Caribbean cruises in the first place, such as walks on the beach, swimming, and mini golf.

Several years ago, a healthy 85-year-old man set out on a cruise, but due to a medical error at the ship’s infirmary, he suffered a permanent decline in health. If you have suffered a serious injury because of a medical error at a cruise ship’s infirmary, contact a Miami cruise ship accident lawyer.

Previously Healthy Octogenarian Returns From Cruise as an Invalid

How a Victim’s Negligent Acts Affect Miami Cruise Ship Accidents

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

Though there is some competition from ports further north in Florida, data on cruise lines in Miami reveals that demand for vacations at sea remains high. Officials from PortMiami report that 4.02 million passengers boarded cruise ships in 2022, and the numbers are expected to increase in 2023. Part of the reason is being able to move more passengers efficiently and effectively through new, upgraded terminals funded by the cruise lines. Another factor is that cruise vacations are even more affordable than ever, with packages, perks, and discounts available to attract travelers.

As passenger volume increases and cruise ships are able to accommodate thousands of guests, the risk of accidents is also on the rise. Onboard amenities and activities on a water-based vessel could lead to injuries, and the cruise line is liable in most cases for not keeping the ship safe. However, actions by a victim also play a role, so you should consult with a Miami cruise ship accident attorney about the effects on your rights. An overview is also useful.

How Comparative Negligence Works

Dangers of Medical Malpractice Onboard Miami Cruise Ships

July 23, 2021 | by Gerson & Schwartz, P.A.

After coming to a grinding halt in 2020 due to COVID-19, the Florida cruise industry is expected to rebound in a massive way in 2021. Cruise Market Watch predicts that numbers will hit $23.8 billion as 13.9 million passengers book their cruise adventures, representing a 96.2% increase over the number of guests during the pandemic year. Though passengers can expect some changes onboard, one constant will remain the same: The biggest selling feature for cruise vacations is the extensive range of world-class amenities available.

However, while the water features, shore excursions, and world-class onboard entertainment are enticing, there is one amenity you hope you never encounter — the need for medical treatment because of an accident or illness. Cruise ships have an obligation to ensure passengers receive essential care, but medical malpractice on Miami cruise ships is an unfortunate reality. Negligence by onboard health care providers can exacerbate your medical condition, so understanding the risks is important.

Risks for Injured and Sick Passengers

Sarasota Resident Injured on Royal Caribbean

April 19, 2019 | by Gerson & Schwartz, P.A.

In February 2019, Casey Holladay, 26, was a passenger on the Mariner of the Seas, a Royal Caribbean vessel. He and his friends were having fun on a trampoline deck, a new attraction known as The Sky Pad. In this attraction, several trampolines were enclosed within a large cage. Those inside attach bungee cords to themselves via a harness and are given space to perform acrobatics. Holladay’s bungee cord snapped, causing him to fall 20 feet onto the hard deck of the cruise ship.

Holladay experienced a dislocated shoulder and fractured pelvis causing him to be permanently disabled. He is currently relying on a wheelchair for mobility and has several plates and screws in his pelvis. Holladay cannot bear any weight on his pelvis and is still must regularly see his physicians. He is expected to need at least one hip replacement in the future and extensive, long-term physical therapy. His lawyer has stated that he remains in a great deal of pain and will be permanently affected by his injuries. Holladay was initially kept in the vessel’s medical facility. It took hours for the vessel to return to Miami, Florida, where he was transferred to Jackson Trauma Center. He was admitted to the hospital for the next 10 days while he received treatment for his extensive injuries.

Royal Caribbean Closes Attraction

Mariner of the Sea Loses Passenger Overboard, Passenger Rescue

April 1, 2019 | by Gerson & Schwartz, P.A.

On March 19, when the Mariner of the Seas cruise ship was approximately halfway to Nassau from Miami, a passenger was reported overboard. Another passenger of the cruise ship shared live tweets and videos during the incident. He initially reported when an “Oscar, Oscar, Oscar” announcement was made aboard the ship. “Oscar, Oscar, Oscar” is the man overboard code for Royal Caribbean ships. Immediately following the announcement, search and rescue protocols were followed.The passenger overboard was successfully found, rescued, and returned to the ship. Royal Caribbean made a statement to Newsweek that the vessel’s crew was responsible for returning the passenger to the ship, and the passenger was treated by the cruise ship’s medical team.The mariner of the Seas left Miami on March 18, 2019. The vessel was scheduled for a four-night cruise that would include Nassau and Coco Cay in the Bahamas. It was scheduled to return to Miami in the early morning of March 22.

Unfortunately, overboard passengers are not rare on cruise ships. Every few months there are reports of a passenger going overboard, and in many cases, these stories have far less happy endings. Very few overboard passengers are found and returned to the ship so quickly.

If you fell overboard a vessel due to a lack of appropriate safety equipment or a loved one went overboard and was not found, you should speak with a Miami cruise ship accident lawyer from Gerson & Schwartz P.A. Our team has decades of collective experience, and we routinely handle cruise ship claims, from slip and falls onboard to crimes. If you were injured or lost a loved one on a cruise ship, do not hesitate to contact us online or call (877) 475-2905 to schedule a free consultation.

Maritime Injuries and Water-Based Activities

June 27, 2017 | by Gerson & Schwartz, P.A.

How to Avoiding Serious Injury During Water-Based Activities

During the summer months, many people in the Miami area enjoy recreational water activities like boating, jet skis, water skiing, and wake boarding. While these kinds of activities are undoubtedly enjoyable and often exciting, they also expose participants to a serious risk of injury. Below are some ways to minimize your risk of injury while engaging in water-based recreation. In the event that you are hurt while playing in the water this summer, it is important that you discuss your legal options with a Miami maritime accident lawyer as soon as you can.

Ensure that you have all proper safety equipment for your activity. Lifejackets or personal flotation devices should be worn on boats, and inflatable toys are not a substitute for a these lifesaving devices. Children should be outfitted with life vests, helmets, or other safety equipment that is properly fitted to their size.

Search Called Off After Georgia Man Goes Overboard on Carnival Cruise

February 27, 2017 | by Gerson & Schwartz, P.A.

Last week, officials from the U.S. Coast Guard made the decision to call off the search for a man who fell overboard while sailing on a Carnival Cruise ship. Security cameras on board the ship recorded 24-year-old Kevin Wellons falling from the 11th deck of the ship while the vessel was sailing near Abaco, Bahamas. The cameras did not record how or why the Warner Robins, Georgia man fell from the Carnival Elation, and only caught his descent into the water.

Wellons fell overboard at about 2:45 a.m. on the morning of February 13, 2017. Wellons’ wife reported him missing to the ship’s authorities after she awoke around 8 a.m. By 11 a.m., the ship had deployed rescue boats, helicopters, and had notified the Coast Guard, but had no luck locating Wellons. The search was called off a week after the accident with Wellons presumed dead.

The Coast Guard states that they do not suspect foul play involved in Wellons’ death, and his presumed drowning was likely an accident. Further investigation will show if the cruise line was negligent in failing to prevent Wellons’ death. If you or a loved one was injured or suffered an accident while on a cruise ship, the Florida cruise ship accident lawyers at Gerson & Schwartz, P.A., can help.

Cruise Ships Have Accident Risks at Every Turn

February 8, 2017 | by Gerson & Schwartz, P.A.

Cruise Ships Have Accident Risks at Every Turn

When you sign up for a cruise, you expect to experience a relaxing vacation that involves, food, drink, entertainment, and scenic locales. These ocean behemoths are practical floating cities that can be home to several thousands of people at a time. Just like a city on the shore, cruise ships can expose people to many different risks of serious injury or bodily harm. Some of the more common causes of cruise ship injuries are detailed below. Our Florida cruise ship lawyers will outline some of the more common type incidents below.

Slip and Fall Accidents

Cruise Line Liability for Injuries Caused by Severe Weather Conditions

September 27, 2016 | by Gerson & Schwartz, P.A.

Cruise Line Liability for Injuries and Severe Weather Conditions

We like to think that for the most part, cruising is safe. However, with any type of transportation, automobile, railroad, plane, or cruise ship—accidents may happen. When the negligence of the cruise ship operator, staff captain lead to injuries, the cruise line may be liable. Experienced cruise ship injury attorneys in Miami, Florida help these victims obtain the maximum compensation available under the law.

Most cruise lines sail all year long even during hurricane season. Our firm has represented cruise ship passengers in situations where severe weather was in the immediate forecast. For instance, during hurricane season, cruise line operators still decide to stay the course and thinking they can out run, or maneuver around some of these storms. Some cruise ship captains have testified that the cruise ship is made to withstand extreme weather conditions. But are cruise ship passengers? Probably not. Cruise line officials should monitor weather conditions to ensure their passengers will be safe during their cruises. If it appears that inclement weather, high seas, or winds may compromise the safety of cruise passengers, the cruise should be rerouted to avoid the storm. Perhaps not even depart from port. If a storm arises after a cruise has embarked, the captain must determine what reasonable steps should be taken.

Cruise Lines Neglect Swimming Pool Safety Despite Tragic Drowning Accident

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

Leading Cruise Lines Neglect Swimming Pool Safety Despite Tragic Drowning Accidents

When families elect to take advantage of the convenience and luxury of a cruise, the children predictably will spend lots of time in the pool. Many parents do not worry about the safety of their kids because cruise ships are filled with large staffs that often create an illusion of safety. What parents might not know is that several major cruise lines elect not to provide lifeguards for the safety of their guests. The failure to implement this basic safety measure is particularly troubling because the cruise industry has had its share of drowning and near-drowning accidents involving children. Given that approximately 1.5 million children travel on cruise ships annually, the investment in lifeguards to reduce the risk of drowning accidents seems to be a justified expense. Nonetheless, our cruise ship lawyers recognize that major cruise lines continue to gamble on the safety of their young guests by ignoring this obvious safety precaution.

Cruise Lines Continue to Place Saving Money Over Passenger Safety