Negligence

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.

ANTHEM OF THE SEAS PASSENGERS INJURED IN LATEST CRUISE SHIP ACCIDENT CASE

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

Four passengers were injured onboard Royal Carribean’s Anthem of the Seas after the ship was caught in dangerous weather conditions last weekend. The Anthem of the Seas encountered hurricane force winds, with some gusts reportedly reaching 130 miles per hour with 30-40 foot waves. The nature and extent of those injured are not currently known. At first, Royal Carriban reported no injuries. However, later news reports once the vessel came ashore stated no serious injuries. Martime lawyers at Gerson & Schwartz, PA state that this is not the first time an RCCL passenger ship has knowingly left the port and cruised directly into the teeth of dangerous weather conditions, jeapordizinf the life and safey of passengers. In 2012, RCCL vessel “Freedom of the Seas” encountered danerous and severe weather conditions including hurrcan force winds and high seas after the vessel set sail into a developing tropical cyclone system/ tropical storm just after it departed off the Florida east Coast. This was despite forecasts and warnings that a storm was likely to develop prior to leaving port Canaveral, Florida.

In the 2012 “Freedom” incident, passengers were thrown about and across the ship along along with plates, dishes, and everything else imagineable. Fixtures fell, ceilings were falling, youtube vidoes and social media captured the pure chaos experienced by many. In a federal lawsuit filed, attorneys from Gerson & Schwartz, PA argued that the Royal Carribean ship should never have decided to set sail and risked the lives and safety of passengers by placing them into harms way. Many passengers sustained serious injuries because a decision to set sail was made despite clear warnings from the National Weather Service and National Hurricane center of the potential for rapid tropical cyclone development.

In the Anthem of the Seas, cruise ship accident lawyers say they will need to get a hold of the weather reports and forecasts to see whether the “Anthem of the Seas” should have taken another route, or simply stayed in port as well. The decision to sail rests with the captain. If the captain feels that it is unsafe for the vessel to depart he can make the decision that the ship should stay in port. The decision to remain in port can also be made shoreside. Weather buoys located in the Atlantic can also provide adavance warnings of expected wind and sea conditions in advance, along with the weather forecasts. Generally speaking, sudden and drastic weather phenomenons are not actionable negligence under the law because they may deemed acts of god or unforseeable in nature and difficult to prevent. But, cruise ships are also equipped with state of the art weather forecasting technology that should make cruise line companies accountable if they do decide to stay there course, despite clear weather warnings.

Carnival Cruise Slip & Fall Accidents: What is wrong with the floors inside the Breeze Lido marketplace?

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

Cruise ship slip and fall accidents happen all too often. That is especially so on the vessel Carnival Breeze. The “Breeze” had it’s maiden voyage in June 2012 making it a relatively new ship in the Carnival fleet and is one of Carnival’s largest passenger ships. It is part of the “Dream” Class, and holds roughly 3,900 passengers and 900 crew members. Slip and fall accidents inside lido market place restaurant seem to happen so frequently some wonder, should the largest cruise line in the wold take the ship out of service? The lido market place on the Breeze is located on deck 10. What you may not know is that the Lido market place restaurant is notorious for slip and fall accidents, many of which result in serious injuries. Slip and falls happen in the Lido on the Breeze can happen even when the floors appear dry and without any warning and at any time. The cruise ship injury lawyers at Gerson & Schwartz, PA have represented numerous passengers injured inside the Lido market place. Slip and fall accidents happen with such regularity on this particular vessel that it heightened attention within Carnival shortly after the vessel was placed into service in June 2012. Testing of the tile floor surfaces inside the Lido have proven they have inadequate and poor slip resistance properties and are even known to be defective are dangerous. The end result, dozens upon dozens of slip and fall accidents with serious injuries. Despite actual knowledge of the dangers in the Lido market place, Carnival doesn’t warn its passengers about the dangers that the tile floor surfaces pose and which they know.

Due to the number and nature of slip and fall accidents that occur on an almost regular basis and the failure of Carnival to find a permanent solution to the problem legal claims for punitive damages are not out of question for thse cruise ship accident and injury victims. Generally speaking, punitive damages are uncommon in slip and fall accident lawsuits. That is because the legal standard for punitive damages under federal maritime law requires a much higher burden to meet and more difficult to prove in the court room. Injury victims must prove conduct of that is either intentional harm, “gross negligence” or concious disregard for the life and safety of others. But, lido makret place slip and fall accidents on the Carnival Breeze occurr so frequently that they are warranted on this particular ship says, maritime attorney Nicholas I. Gerson with Gerson & Schwartz, PA. Why doesn’t Carnival just repair or replace the tile floor surfaces? According to Gerson, it’s really more of a business decision. “Profits over safety”, What else? As far as the Breeze is concerned, money and the financial implications of taking a huge passenger ship out of service would be very costly. This is one of Carnival’s premier money makers. The Breeze departs nearly every week. It holds the most passengers of all Carnival’s 24 ships and doesn’t’ travel all that far, nor are the trips very long.

At a minimum, the Breeze would likely have to be out of service for anywhere from two weeks to a month, maybe longer. When you calculate the amount of money that Carnival would have to forfeit, return, or lose, it appears that it makes more business sense for them to just wait until the ship goes into dry dock. The Breeze is not scheduled to go into dry dock until sometime in late 2017. In the latest lawsuit filed against Carnival regarding the Breeze, punitive damages have been included in two lawsuites filed. Carnival has already moved to dismiss the punitive damages claims early on in the law suit process . Their motion was rightfully denied. In other words, the presiding United States District Court judge believed that based on the allegations in the complaint and combination of the applicable federal law, the claims for punitive damages should be decided on the merits.

$21.5 Million Verdict Against Holland America Cruise Line for a Faulty Door

December 11, 2015 | by Gerson & Schwartz, P.A.

A US District Court in Seattle awarded $21.5 million in damages to a man from Illinois who suffered injuries from a faulty door on a Holland America cruise ship. The man received a minor brain injury after a sliding glass door closed on his head. The sum was awarded by a unanimous decision by a jury after a nine day trial. If you were injured or lost a loved one aboard a cruise ship, consider contacting a Miami Cruise Ship Accident Attorney.

The attorneys for the injured man were able to provide evidence to the court that other passengers had been similarly injured by sliding glass doors in multiple Holland America cruise ships. Faulty sensor settings on the door allegedly are what contributed to these accidents.

The Illinois man was traveling with his family on a 280-day world cruise aboard Holland America’s Pacific fleet flagship, the M/S Amsterdam. The ship was in open water, approaching Hawaii, when the man followed cruise ship employees through the sliding glass door, which automatically closed when the man was half way through, striking him in the side of the head and face. Holland America argued in court that the man had walked into the closing doors and that the doors did not close on him. The closing doors gave the man a facial contusion, concussion and chipped tooth. Despite his injuries the man was still able to finish the entire cruise journey.

Judge Sanctions Carnival Cruise Lines and Determines Notice of a Dangerous Condition Established Under Fed. R. Civ. P. 37

November 11, 2014 | by Gerson & Schwartz, P.A.

Earlier last week our Cruise Ship Lawyers sought and received a court order under Fed. R. Civ. P. 37 (b) in the form of issue based sanctions against Defendant Carnival Cruise Lines in a lawsuit brought by Mrs. Esperanza Viletta in the case of Viletta v. Carnival Cruise Lines, Case No. 11-20930. The sanctions were ordered by United States Magistrate Judge John O’Sullivan and were upheld by United States District Court Judge Cecilia Altonaga in a six (6) page written order. Click this link to read the Order. The sanctions were issued based on a myriad of discovery violations including express denials by Defendant Carnival concerning the failure to disclose and otherwise hide the existence of certain documents, reports, and based on record testimony by Carnival’s Corporate Representative in deposition. In her order, Judge Altonaga held that the sanctions entered were warranted and over Carnivals objections, were not contrary to the law despite their severity and should “deter” Carnival and p0tentially others from similar conduct in the future.

In the October 30, 2014 order, the court determined the appropriate sanctions were a determination that as a matter of law that 1.)Notice of a dangerous condition and the existence of a dangerous condition was established prior to trial and 2.) Defendant’s affirmative defense as to lack of notice was stricken. Junior Partner, Nicholas I. Gerson, of the Miami personal injury law offices of Gerson & Schwartz, PA served as lead counsel and argued the matter in the United States District Court for the Southern District of Florida. At an October 28, 2014 hearing, Gerson argued that the type of sanctions were necessary in order to cure the prejudice against his client and that absent such relief would only benefit Carnival and would ultimately reward Carnival for hiding important evidence. The Court agreed.

At issue was Carnival’s express denial that it had not made any changes to the yellow tile floor surfaces in the Lido market place restaurant on the Carnival Breeze. Despite their denials, Carnival had in fact applied a slip resistant coating to the market place floor surfaces on the vessel and had even conducted tests to check the floors for slip resistance before the application. The existence of reports and Carnivals’ findings of test results were also repeatedly denied by Carnival throughout the lawsuit. Yet as it turned out the floor surfaces were changed and documented proof of the testing performed confirmed the floors fell below the standard of care for slip resistance and were dangerous as alleged by the Plaintiff. The reference to reports were buried in several emails that were produced and after numerous hearings where Carnival took the position that no documents existed. The reports were eventually ordered to be produced by the Court and when they were disclosed the reports showed Carnival was aware about the dangers of the floor surfaces prior to Ms. Viletta’s incident and were even specific to the area where Ms. Viletta had fallen. The Miami personal injury lawyers of Gerson & Schwartz represent injury victims on land and sea. If you or a loved one are in need of aggressive legal representation contact the Miami Florida personal injury attorneys at Gerson & Schwartz, PA at 1-877-475-2905 , or visit www.injuryattorneyfla.com. All cases are handled on a contingent fee.

CDC Says Cruise Ship Norovirus Outbreaks Uncommon, But That May Be Misleading

September 10, 2014 | by Gerson & Schwartz, P.A.

Yet another cruise ship has been stricken with an outbreak of the norovirus. Don’t be confused—this isn’t a repeat of a previous post. Norovirus outbreaks seem to happen so often on cruises that it often seems like the same news is being reported over and over again.

What happened now?

This time, guests on a Princess Cruise departing from Australia were affected, in an outbreak bad enough to prompt one guest to call it a “cruise from hell.” About 100 guests have been affected, but it doesn’t appear that the cruise will be terminated early.

International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

July 30, 2014 | by Gerson & Schwartz, P.A.

On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for passengers on the high seas. Mr. Gerson addressed congress detailing the negligent behavior of the cruise line industry and its trade group, Cruise Lines Industry Association, commonly referred to as CLIA. Mr. Gerson illustrated how cruise ship owners suppress the facts, rather than honestly report them to their passengers. These organizations and individuals alike, boast that its passengers are safer at sea, when this is clearly not the case.

At the senate hearing Mr. Gerson emphasized, how ship security is on board to protect the ship owners, not their passenger customers. Moreover, he pointed out how the legal relationship between the passenger and the cruise line is deliberately written in a way that is difficult to understand. Due to the fact, that the contractual terms which individuals sign are printed in tiny font and using legal and maritime terms that cannot be understood by the average person who takes a cruise, the rights of crime victims on board a cruise are often signed away before they even embark.

The compelling stories of three witnesses who spoke at this hearing demonstrated how difficult it has been for victims to seek or obtain protection before, or assistance after, violent and brutal crimes such as rape and sexual assault occur. Mr. Gerson continued to express deep concern for women and children who are unsafe while at sea. These vulnerable populations in particular are targeted by sexual predators often including crew members hired to work on board the ship. Sometimes, individuals hired as security guards who passengers understandably believe are on board to protect guests are the very ones who are committing these heinous crimes. More importantly, there is absolutely no police protection, on board these floating cities, and so defenseless passengers are left to protect themselves.

Carnival Cruise Lines’ Triumph Passengers Appear In Court For Lawsuit

March 5, 2014 | by Gerson & Schwartz, P.A.

Yesterday, our Florida cruise ship accident lawyers reviewed a South Florida news outlet NBC 6 story reporting that a group of passengers that traveled on the now-infamous Carnival Triumph last year have appeared for the first time in court with regard to their lawsuit filed against the cruise line.

According to the lawsuit, these passengers are suffering from post-traumatic stress disorder from being stranded aboard the Triumph in February of last year after a fire knocked out the ship’s power. The ship drifted for four day without air conditioning, and limited lights, water, food and working toilets, before it was towed to Mobile, Alabama. Several dozen of the ship’s more than 3,000 passengers are participating in the civil suit, which refers to the Triumph as “a floating toilet, a floating Petri dish, a floating hell.”

Carnival initially moved to dismiss the suit, arguing that the passengers’ tickets clearly state passengers cannot file class actions. Judge Donald Graham overruled Carnival’s motion, opining that, although the ship ticket does not actually guarantee a seaworthy vessel, good food and sanitary conditions, Carnival was negligent in maintaining the equipment that caught fire.

Government Accountability Office Report Calls Into Question Cruise Industry’s Compliance With Cruise Vessel Security And Safety Act

January 21, 2014 | by Gerson & Schwartz, P.A.

In July of 2010, Congress passed the Cruise Vessel Security and Safety Act (“CVSSA), legislation designed to improve the security and safety of passengers aboard cruise ships carrying more than 250 passengers on a voyage embarking or disembarking from any U.S. ports. Adoption of the CVSSA was spurred by findings by Congress that “passengers on cruise vessels have an inadequate appreciation of their potential vulnerability to crime while on ocean voyages, and…lack the information they need to understand their legal rights or to know whom to contact for help in the immediate aftermath of the crime.” Our Florida cruise ship accident attorneys have been viewing the details of this closely.

In order to achieve its goals, the CVSSA required cruise lines to adopt a number of safety measures, including security peepholes on passenger cabin doors, security cameras, higher guardrails, and the distribution of safety information to passengers.

Despite these requirements, it would appear that, according to a recent report by the Government Accountability Office (“GAO”), the cruise industry is largely ignoring four important requirements of the CVSSA:

CDC Declares Gastrointestinal Outbreak Aboard Norwegian Cruise Line Ship

January 9, 2014 | by Gerson & Schwartz, P.A.

Recently, the Centers for Disease Control and Prevention (“CDC”) issued a cruise ship illness outbreak alert for the Norwegian Gem, an over 3,600-passenger capacity ship in the Norwegian Cruise Line fleet. According to the alert, during a November 13-25, 2013, voyage, 111 passengers and 3 crew members (4.55% of the total number of people onboard) reported being ill with symptoms of vomiting and/or diarrhea. The cause of the outbreak is unknown, but our Florida maritime accident attorneys are waiting with anticipation for a discovery.

The report states that Norwegian Cruise Line responded to the outbreak by increasing the ship’s cleaning and disinfecting procedures and collecting specimens from ill passengers and crew for testing at the CDC’s National Calicivirus Laboratory. According to the CDC, Vessel Sanitation Program officers are monitoring the outbreak, which will continue into the ship’s subsequent voyage.

The CDC’s Vessel Sanitation Program (“VSP”) is designed to assist the cruise ship industry in preventing and controlling introduction, transmission, and spread of gastrointestinal illnesses, i.e. food poisoning, on cruise ships. Despite the CDC’s best efforts, however, health violations are common occurrences on many cruise ships. Improper storage, handling, and preparation of food onboard cruise ships is dangerous and can easily result in the spread of gastrointestinal illness. Gastrointestinal illnesses can cause vomiting, dizziness, diarrhea, dehydration, and, in very serious cases, death.