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
Just as we have premises liability laws on land, we have premises liability laws on cruise ships, as well. Premises liability laws, in regards to cruise ships, maintain that the cruise line must take reasonable care in protecting passengers and crewmembers from injury. These injury claims are typically brought under theories of negligence. In brief, if a claim is brought on negligence grounds, the injured party (“Plaintiff”) must prove that, first, the party at fault (“Defendant”) owed Plaintiff a duty of care. On cruise ships, the cruise line itself has a duty of taking reasonable steps to ensure the safety of its passengers and crewmembers. For instance, if the cruise ship has knowledge, or if they should know, that certain stair handrails are loose, the cruise line is required to make repairs to ward off injuries that could occur. Similarly, cruise lines are required to take safety precautions when they know, or should know, that children swim in the cruise ship’s swimming pool(s). This is occasionally described as the “attractive nuisance” doctrine.
Next, Plaintiff must be able to show that Defendant breached this duty of care. Plaintiff may present evidence to show that Defendant, or the cruise line, did not proffer a reasonably safe cruise ship, and in doing so, Plaintiff sustained injuries. From here, Plaintiff must show that Defendant’s breach was the actual cause and the foreseeable cause of the injuries. Lastly, Plaintiff must prove his or her injury or injuries.
Take Action and Hire an Attorney
Bringing a suit against a cruise line is no easy task. It is therefore imperative that you hire an experienced attorney for your case. The Miami maritime lawyers at Gerson & Schwartz PA are here to help. We know the relevant laws and are licensed to practice law in all Florida state and federal courts. Our Florida law offices are located in the heart of Miami. Our attorneys have 80 years of collective experience handling maritime accident cases. Your case will be handled on a contingency fee. Thus, no money is owed to us unless we recover money on your behalf. Contact us today at for a consultation at 1-877-475-2905.