Cruise Ship Accident Lawyer Blog

Multiple Suits Filed Against Owner of El Faro by Victims’ Families

November 27, 2015 | by Gerson & Schwartz, P.A.

In October, the El Faro cargo ship sailed through the path of Hurricane Joaquin on its way from Jacksonville to Puerto Rico. The large waves and heavy winds caused the ship to sink and all 33 crew members died at sea. Now some of the families are coming forward to file wrongful death suits against TOTE Maritime, the owner of the cargo ship. If you were injured or lost a loved one aboard a seagoing vessel, contact a Miami Maritime Accident Attorney.

Eight plaintiffs related to victims of the El Faro disaster are suing TOTE Maritime in Florida for wrongful death, claiming that tragedy could have been avoided. The remaining families have until December 21st to file claims against the shipping company due to a court order.

TOTE Maritime previously tried to block all lawsuits by the victims’ families, claiming that it was not to blame for the incident. The company filed a complaint in the U.S. District Court in Florida claiming that they exercised due diligence and did everything in their power to make sure the ship was safe and therefore should hold no financial liability for the accident. The court soundly rejected this complaint but agreed to cap the damages at $15 million if the company was not found to be negligent for the disaster.

FBI Investigating Falling Death of Woman on Miami Cruise Ship

November 20, 2015 | by Gerson & Schwartz, P.A.

The FBI is investigating the death of a South Carolina woman after she fell from the deck of a cruise ship into the ocean off the coast of Cuba and was not found by the coast guard and cruise ship personnel. The Norwegian Cruise Line vessel was on a course from Miami to Cozumel, Mexico when the accident occurred. Authorities searched over 600 nautical miles for the woman before giving up search and rescue efforts. The FBI was called in to determine if there was any foul play or negligence that could have caused the incident. If you were hurt or lost a loved one aboard a cruise ship contact a Miami Cruise Ship Accident Attorney.

Can the Cruise Line be Held Responsible?

While not all the facts regarding this case have been discovered, could cruise liners hypothetically be responsible in these types of situations? In most cases, cruise ships are considered “common carriers,” which means that they have a responsibility to their passengers beyond just reasonable care. Cruise liners must take a very high degree of precaution to prevent injury or deaths aboard their ships and failure to do so could land them with a personal injury or wrongful death suit.

Cruise Ship Passenger Falls to His Death, Now Family Plans to Sue

November 13, 2015 | by Gerson & Schwartz, P.A.

In a tragic accident caught on video, a passenger of a Miami-based Royal Caribbean cruise liner fell off the ship and remains lost at sea. The family of the victim plans to sue the cruise line, citing that their version of events do not match the official statement given by Royal Caribbean. If you or someone you love was the victim of a cruise ship accident contact an experienced Miami Cruise Ship Accident Attorney.

About the Accident

According to Channel 8 News, a local Miami news station, the passenger fell from the balcony of his room, falling about 20 feet onto one the ship’s lifeboats. After hanging from the lifeboat for some time, while cruise ship employees attempted to rescue him, the man fell into the rough waters below. The man still remains missing at sea and is presumed dead.

Common Sources of Cruise Ship Disasters

November 6, 2015 | by Gerson & Schwartz, P.A.

Most accidents on a cruise ship could take place anywhere. Whether it is a slip and fall or any other premises liability mishap, cruise ship passengers usually face the same risks they would on land. There are some unique dangers present due to the unpredictability of the high seas that can leave you injured and needing an experienced cruise ship lawyer.

Rough waters and oncoming storms are some of the risks for which the cruise ship crew should be prepared. Through tight communication with the coast guard, most of these sea-born dangers can be avoided and mitigated. But sometimes, due to negligence, apathy or conceit, the cruise ship could be set on a course that is unsafe for both the ship’s employees and its passengers.

We have all heard of the Costa Concordia disaster, where a cocky captain maneuvered the ship too close to shore to enjoy a nice view, hit an underwater rock, and caused the ship to capsize. Most cruise ship disasters occur in different, more common scenarios.

Help is Not Around the Corner

October 30, 2015 | by Gerson & Schwartz, P.A.

A Royal Caribbean cruise ship, the Splendour of the Seas, caught on fire in the engine room as the cruise ship was sailing in the Mediterranean near the Greek islands. The fire was so large that crew members had to remain at their emergency stations for hours on end. Passengers reported not feeling well and struggling with the constant smell of smoke. Some passengers and crew members had to be treated for smoke inhalation. Our team of cruise ship injury lawyers are not surprised by this news. If something goes wrong on a cruise ship that is out to sea, help is not around the corner.

This is not the first time Royal Caribbean has had a large fire on a cruise ship. For example, in July 2015, a fire broke out on the Freedom of the Seas as it traveled toward Falmouth, Jamaica. Additionally, in May 2013, a large fire suddenly developed on the Grandeur of the Seas and the crew battled with the fire for over two hours.

One passenger aboard the Splendour of the Seas reportedly stated that the ship was operating on just one engine resulting in a very rocky, turbulent trip. It was even difficult to simply walk around and numerous passengers are sick.

Cruise Ship Death Remains a Mystery

October 16, 2015 | by Gerson & Schwartz, P.A.

Wendy Lewis was enjoying a trip with her husband on the 650-foot luxury cruise ship Seabourn Quest. Unfortunately, reports indicate that Mrs. Lewis fell from the cruise ship and died. Her body was discovered in the waters of Cape Ann. Our team of cruise ship wrongful death lawyers are deeply saddened to read about another life lost on a cruise ship. To make matters worse, her death certificate states that the cause of her death remains “pending,” according to the Gloucester Times.

The FBI continues to investigate the tragic death of Mrs. Lewis. Kristen Setera, speaking for the FBI, stated that the case remains an “ongoing investigation,” and that Agency continues to have “no comment at this time” regarding the woman’s identity or the circumstances of her tragic passing.

The Larger the Cruise Ship, the Larger the Mystery

Cruise Ship Industry: The Wild West of the Sea

October 10, 2015 | by Gerson & Schwartz, P.A.

When you fly on a commercial airplane, you have an expectation that the airline has met specific safety regulations. The same goes for a trip on an Amtrak train. However, such an expectation is absent, or at least should be, when you purchase a ticket on a cruise ship. Why? Because the cruise ship industry is an unregulated industry. This is extremely concerning to our team of cruise ship injury attorneys.

International Waters: Free For All

When a cruise ship visits a U.S. port, it must meet some regulations and is subject to inspection by the U.S. Coast Guard. However, if you are taking a cruise that goes into international waters (e.g., cruise voyages to the Bahamas, the Caribbean, etc.) only the International Maritime Organization (IMO) has authority over safety and operational standards. The IMO is part of the United Nations and generally does not exercise strict regulatory oversight. In fact, the IMO has never ordered the docking of multiple ships based on safety concerns and it is unclear that it even has that authority, according to The San Francisco Chronicle.

Where are the Lifeguards? Cruise Lines Must Take Safety Precaution Seriously

October 3, 2015 | by Gerson & Schwartz, P.A.

You take your family on a cruise featuring a huge Olympic-sized swimming pool on deck. Your kids are excited to get a chance to enjoy the water while on the ship. However, when you arrive at the pool you notice something quite troubling – no lifeguards. For our team of cruise ship injury lawyers, not having a lifeguard on duty is simply unacceptable and extremely dangerous.

As of the date of this posting, only Disney requires lifeguards to be on duty at swimming pools onboard cruise ships. You read that correctly – out of all the various cruise lines (e.g., Carnival, Viking, Winstar, etc.) only one liner requires on-duty lifeguards. The other cruise lines appear to have decided that since lifeguards are not legally required, they do not want to invest in this important safety precaution.

There does not appear to be any other legitimate reason for not having at least one lifeguard on duty at swimming pools on cruise ships, especially with so many ships being occupied by families with young children able to access the pools. The cruise ship industry has grown precipitously with mega cruise ships featuring massive pools utilized by hundreds of passengers. These cruise liners must understand that a drowning can occur in the blink of an eye. In fact, in many instances, a drowning situation may not even be recognized by a passenger until it is too late.

Delay in Care – A Major Risk with Cruise Ship Injuries

September 22, 2015 | by Gerson & Schwartz, P.A.

A 24-year-old woman fell and suffered serious head trauma while aboard a Carnival Victory cruise ship. News reports indicate that she is now fighting for her life and may be paralyzed unable to ever walk again. Our team of Miami cruise ship injury lawyers are shocked and saddened by this news report. It begs the question – could this traumatic injury have been prevented?

The details about what exactly caused the passenger to fall on the cruise ship remains a mystery, as of the date of this posting. However, what we do know is shocking. The young woman reportedly hit her head hard, but was not taken off the cruise ship through medevac to the hospital for six to eight hours, according to MyFoxBoston.com. In that six-to-eight hour delay, she suffered multiple strokes.

A delay of that length is wholly unacceptable. Why she was not medevacced immediately upon

Arbitration Clauses – The Secret Weapon Used by Cruise Lines to Circumvent the Seventh Amendment

September 17, 2015 | by Gerson & Schwartz, P.A.

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Cruise liners spend millions of dollars on advertising aimed at the “passenger experience” and portraying the cruise experience as one where your enjoyment and safety are paramount. What they do not tell you is the lengths to which they have gone to protect themselves from potential civil liability if an accident, attack, or other terrible incident occurs on their ship. If you or a loved one is seriously hurt on a cruise, our team of Miami cruise ship injury lawyers has some sobering news: The fine print hidden on the back of a cruise ticket, written in such small font so as to avoid practically anyone’s notice, protects most cruise liners from responsibility for their carelessness.

Limitations on Your Seventh Amendment Right to a Jury Trial