Cruise Ship Accident Lawyer Blog

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.

The Complexities of Being a Crime Victim at Sea

March 11, 2016 | by Gerson & Schwartz, P.A.

The cruise industry has significantly grown in popularity over the years. With this, however, comes an increase in crime on cruise ships. Crime at sea is now a serious problem. Just recently, near the Bahamas, an 11-year-old female was molested on a Disney Cruise Line (“DCL”) cruise ship when one of DCL’s chefs touched her breast. Stunningly, this crime was not reported until 16 hours after it occurred. This non-reporting occurred despite the requirement for cruise lines to make such reporting. What is more surprising is that, for one, the victim’s grandmother decided that she did not want to press charges on the suspect, and, two, Bahamian authorities did nothing more than fly, free of cost, the suspect back to his home! Justice was certainly not served in this case. Not only was the incident not reported until 16 hours after it took place, but an overlapping of jurisdictions (Bahamas instead of Florida) prevented this suspect from being fully investigated and prosecuted.

It is becoming commonplace that crime victims on cruise are not provided the help they need by the judicial system. With the blatant lack of reporting, despite a high occurrence of crime at sea, the cruise line business appears to be misleading the public. Perhaps this is to keep sales high. If you, or your loved one, are a cruise ship crime victim, it is critical that you hire an attorney. The Miami maritime attorneys at Gerson & Schwartz PA are here for you. Our attorneys have plenty of experience filing claims against all major cruise lines. We can provide you an ease of mind, as we know what do and know how to deal with the numerous complexities. We will fight hard to enforce your legal rights.

Serious Problem with Cruise Lines

Wrongful Death at Sea

March 4, 2016 | by Gerson & Schwartz, P.A.

Vacationing overseas on a cruise continues to be a very popular form of vacation and appeals to all generations. Despite its popularity, accidents can occur. These accidents are sometimes fatal. Just recently, off the coast of Florida, a family boarded the Carnival Ecstasy cruise ship for a Christmas time cruise. On a Sunday evening, they were headed to dinner when they witnessed blood streaming down the doors of an elevator. Jose Sandoval Opazo was killed while working on an elevator on board the cruise ship. He was employed as an electrician on the cruise ship. This is certainly a tragic story, yet, death overseas can suddenly happen to anyone embarking on a cruise.

If a death occurs more than three nautical miles from the coast, the Death on the High Seas Act (“DOHSA”) will apply. If a loved one’s death was caused by the negligent, reckless, or intentional act of another on a cruise ship, family members can recover for their pain, suffering, and monetary losses by filing a wrongful death claim against the responsible party. It is important that you hire an experienced wrongful death attorney. Doing so can ensure that you receive compensation for the financial consequences and for your pain and suffering from the devastating loss. The experienced Miami wrongful death attorneys at Gerson & Schwartz, PA are here to help. Our Miami wrongful death attorneys are Florida board certified trial lawyers and have also handled several wrongful death cases.

Death on the High Seas Act

When Someone Goes Missing at Sea

February 26, 2016 | by Gerson & Schwartz, P.A.

Cruise ship vacations have significantly increased in popularity over the years. Cruise lines maintain that they are among the safest forms of travel. Yet, unfortunately, this is not always the case. For instance, some of the people that depart on a cruise ship never make it home. In some cases, they become lost at sea. The number of individuals who have gone missing from cruise ships is frightening. In the last two years, alone, 41 people have gone missing from cruise ships. According to the Cruise Victims Association, almost 170 people have gone missing at sea since 1995. Recently, off the coast of Florida, two passengers on a Carnival Spirit cruise ship experienced a similar tragedy. A lady, 26 years of age, was climbing on a rail outside of her room during the late evening hours. She then lost footing and fell overboard. A few seconds later, a paramedic jumped into the sea in attempt to save the drowning passenger. The pair was described as missing once the cruise ship docked in Sydney. The pair has never been found.

If you or your loved one experienced a cruise ship accident or, if your loved one is missing, you need to hire an experienced maritime lawyer. The relevant laws that govern these cases are highly complex and significantly different from state laws. The maritime lawyers at Gerson & Schwartz PA know the law and are here to help. Our Florida Cruise Ship Accident Lawyers have experience filing claims against all the major cruise lines. We will fight hard to enforce your legal rights and to secure adequate compensation. We will even bring your case to trial if a fair settlement offer is not made.

Complex Laws that Govern Cruise Ship Accidents

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.

Jones Act Claims

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

On October 1, 2015, a freighter ship by the name of El Fargo sank in 15,000 feet of water near the Bahamas. All 33 of its crewmembers died in the sinking. In Florida, a family of a now deceased crewmember filed a lawsuit under the Merchant Marine Act of 1920, also known as the “Jones Act,” against the captain and owner of the ship, Michael Davidson. The freighter ship departed from Jacksonville, Florida en route to Puerto Rico carrying cars and other cargo. The ship eventually lost power to its engine and failed to avoid a category four hurricane. The Florida wrongful death lawsuit filed against the ship’s owner and captain demands $100 million in damages. Basically, the captain and owner of the freighter ship negligently decided to sail the 41-year-old freighter ship into the dangerous storm, putting all passengers’ and crewmembers’ lives at great risk.

First, however, to be protected under the Jones Act, the worker must establish that he is a seaman. A seaman is a person who spends a large amount of time working as a captain or as a crewmember on a vessel that is considered to be in navigation. If you or your loved one is an injured crewmember or captain, it is imperative that you hire an experienced maritime lawyer to establish your entitlement to legal protections under the Jones Act. The maritime attorneys at Gerson & Schwartz, PA provide legal representation for seriously injured crewmembers and ship employees. For over 40 years, our lawyers have litigated these complex claims. Our personal injury law firm will fight for your legal rights.

Your Rights under the Jones Act

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.