Cruise Ship Accident Lawyer Blog
US maritime laws allow injured passengers to seek compensation after a cruise ship accident, but cruise companies do not take claims lying down. They will take advantage of every opportunity to defend their interests, and they have large legal departments to fight the battle.
Fortunately, Miami cruise ship accident attorneys have strategies of their own to hold negligent cruise operators accountable. However, you should be aware of the most common defenses companies use to deny your injury claim.
The Assumption of Risk Defense
Cruise lines often argue that passengers voluntarily accept the potential for injury that comes with a cruise vacation. This is called the assumption of risk defense. Under this theory, the cruise operator claims that certain dangers are inherent to cruising, such as:
- Rough seas
- Recreational activities
- Wet deck surfaces
If you signed a ticket contract or waiver, the company may use it to support the assumption of risk defense. However, this defense has clear legal limits and is possible to overcome.
How Cruise Lines Use Comparative Negligence
Even when a cruise line accepts some responsibility, it may argue that you were partly at fault for your own injury. This defense is based upon the rule set forth in a federal maritime law case, United States v. Reliable Transfer Co. The US Supreme Court held that a victim’s negligence does not bar recovery, but damages are reduced. If you were partly responsible for the accident, your percentage of fault leads to a corresponding reduction in your compensation.
This rule is known as pure comparative negligence, because you can recover even if your fault exceeds 50 percent. Cruise operators use this strategy to minimize what they owe.
Cruise Companies and the Open and Obvious Hazard Defense
With this defense, cruise operators argue that a hazard was so visible that any reasonable person would have avoided it. For example, the cruise line may apply the label “open and obvious” to:
- Wet floors
- Uneven surfaces
- Crowded gangways
Under this argument, the company claims it had no duty to warn you. Courts do not always agree, especially when the cruise line failed to fix a known problem. Make sure to document the scene immediately after your injury to strengthen your position.
Statute of Limitations and Venue Clauses
Cruise ticket contracts contain strict deadlines and location requirements that most passengers never notice. Under federal maritime law, injury claims against major cruise lines must typically be filed within one year. Additionally, many contracts require lawsuits to be filed in a specific federal court. Missing these deadlines or filing in the wrong court can end your case entirely.
Our Miami Cruise Ship Accident Lawyers Fight Defense Tactics
When you know that cruise lines have an array of defenses available to deny payment, it is clear that legal representation is essential. The attorneys at Gerson & Schwartz, PA, work diligently to protect your rights, challenge cruise line tactics, and pursue the full compensation you deserve. For more information about the claims process, please call (305) 371-6000 to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.