Negligence

Carnival Cruise Ship Passenger Goes Overboard on the Ecstasy

September 8, 2016 | by Gerson & Schwartz, P.A.

According to the United States Coast Guard, a Carnival cruise ship passenger fell overboard on a the Carnival Ecstasy over Labor Day Weekend. But if you ask Carnival cruise lines, they have already publicly stated that the passenger was witnessed jumping overboard. If Carnivals version is the truth, then this is poor public relations in my opinion. Regardless, these are certainly very different versions of what happened. The cruise ship passenger has been identified as Rina Patel, of New York. The vessel was located about 15 miles off Grand Bahama Island. Our cruise ship lawyers are monitoring the situation. According to reports, USCG “man overboard procedures” were initiated. However, it is unclear what procedures if any Carnival followed and if they did, when they were initiated. If the passenger in fact jumped, then there should be evidence to support Carnival’s public statement that the passenger was observed jumping. Yet, the USCG reports and other media outlets suggests negligence. However, what facts the investigation yields and what the CCTV cameras show will shed light on whether this was accidental or not.

As a maritime personal lawyer in Miami, Florida that has litigated many cruise ship cases against many cruise lines operators including Carnival, it is astonishing that Carnival would come out and publicly state that the passenger jumped or committed suicide before any of the investigation or facts or details are revealed about the investigation.

The Cruise Ship Vessel Safety and Security Act mandates that serious crimes including missing person incidents are reported immediately to the United States Coast Guard. However, there is no private right of action for failure to violate this important federal statute. So, while the guidelines by CVSSA are straight forward, there is virtually little in the way of a legal remedy in the event these rules promulgated by the US Congress are not followed.

Cruise Collision and Personal Injury

August 24, 2016 | by Gerson & Schwartz, P.A.

A personal injury that occurs on a cruise ship can have a number of causes. A collision with another ship, although relatively rare, is one such cause of personal injury that is rarely discussed. One report of a cruise ship that collided with a ferry has sparked interest among many in the legal community. Many maritime lawyers are expecting some type of legal action to take place against the cruise line, either from passengers or crew members, in relation to the event.

Seeking Legal Help for Cruise Ship Accidents

Cruise ships are supposed to be navigated and directed in a safe and efficient manner in an effort to avoid collisions. This did not happen with the UK-based Cruise and Maritime Voyages. A recent report shows that this cruise ship collided with a ferry. At this time, there are no official reports of injury, but it would not be surprising that a cruise ship collision did result in some type of injury for some of the passengers and crew on board.

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.

Cruise Ship Swimming Pools and the Possibility of Harm

July 8, 2016 | by Gerson & Schwartz, P.A.

Are you contemplating embarking on a cruise ship vacation? Be aware that accidents on cruise ships seem to happen with regularity. Often times the accident may be life threatening or even fatal. A common type of accident on cruise ships is drowning. Even though this is a common tragedy, cruise ships fail to hire lifeguards to monitor cruise ship swimming areas. As a matter of fact, the only cruise line that hires lifeguards is the Disney Cruise line.

Just recently, a 4-year-old child almost drowned in a cruise ship wave pool. He was a passenger of the Royal Caribbean’s Oasis of the Seas. The cruise ship had just departed from Port Everglades, when unbeknownst to his mother, the boy entered the wave pool. The young child was then “swept away.” It was reported that he was below water for over six minutes. Another passenger spotted the drowning child. This accident prompted the ship to return to Port Everglades. The young child, in critical condition, was rushed to a nearby hospital. This accident prompted additional demands for lifeguards on all cruise ships. This demand is echoed by Andrew Coggins, a cruise industry expert. Mr. Coggins maintains that all cruise lines should have lifeguards and all cruise lines should require children wear flotation vests when near the pools.

If you or your loved one were injured on a cruise ship, it is imperative that you hire an experienced attorney. The Miami maritime lawyers at Gerson & Schwartz, PA have the experience and skill need to aggressively take on your case. Contact our attorneys today at 305-371-6000 or via email at info@gslawusa.com to schedule a FREE consultation.

Gastrointestinal Outbreak on Ocean Princess Cruise Ship

May 20, 2016 | by Gerson & Schwartz, P.A.

Cases of gastrointestinal illness (“GI”) have grown to become a serious problem for various cruise lines. The cases are growing in number. Today, there are several cruise lines that are specifically required to report the total number of GI illness cases. These cruise lines are participating in the Vessel Sanitation Program (“VSP”).

Per the Centers for Disease Control and Prevention (“CDC”) there was a severe gastrointestinal outbreak on the Ocean Princess cruise ship of the Princess Cruises cruise line. From this apparent outbreak, 63 out of 603 passengers (or 10.45%) became ill while on the cruise. Seven crewmembers also became ill. This notable outbreak occurred during the cruise ship’s February 13th through March 7th, 2016 voyage. Among all those sickened, the predominant symptoms were vomiting and diarrhea. In response to this outbreak, the cruise ship’s crewmembers, those not sick, increased their cleaning and disinfection procedures, collected stool samples from the sickened passengers and crewmembers for testing and made daily reports of gastrointestinal illness cases. The CDS Vessel Sanitation Program (“VSP”) is currently monitoring the outbreak and the ship’s response procedures.

Have you or a loved one suffered from an illness while on a cruise ship? If it is found that the cruise ship was at fault for your illness, you may be entitled to compensation. To best protect your interests, it is imperative that you retain an experienced attorney. The Miami maritime lawyers at Gerson & Schwartz PA are here to help. At Gerson & Schwartz, PA we provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

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.