Cruise Ship Accident Lawyer Blog

Three Reasons to Hire a Cruise Ship Accident Lawyer

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

Almost 270 people had their dreams turned into a nightmare in a fraction of a second when the 286-foot cruise ship Saint Laurent struck a wall in a river lock in the Saint Lawrence Seaway in northern New York. The ship, which was full of tourists, was headed from Montreal to Toronto when it slammed into an approach wall bumper and started taking on water, injuring 19 passengers and 3 crew members, according to the official report of the U.S. Coast Guard. Our team of Miami personal injury attorneys sincerely hope that the passengers and crew members make a speedy recovery after this awful incident.Each year, numerous cruise ship passengers face similar incidents ranging from minor slips, trips, or falls, to life-threatening injuries leading to permanent disability and loss of employment. However, what most passengers do not understand is that if their injury was potentially caused by the negligence of the cruise ship crew or a defect of the ship itself, they should speak to a lawyer who has experience handling a cruise ship injury claim. Why is experience so important with these claims? Because cruise ships often employ teams of defense lawyers and adjusters who focus solely on reducing or denying injury claims. Furthermore, cruise ships attempt to shield themselves from liability by slipping in legalese on the back of cruise ship tickets.

Below are three big reasons why you need to retain an experienced cruise ship injury lawyer.

Knowledge of the Boating Industry and How these Claims Work is Invaluable

More Details Revealed About Horrific Cruise Ship Attack

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

A lawsuit based in maritime has been filed in the brutal beating of a cruise passenger that we mentioned on our blog a few weeks ago. With the filing of the lawsuit, the victim’s attorney has revealed the carelessness of the cruise line that contributed to the vicious attack. Our Florida maritime law firm is monitoring the case closely.

The Horrific Attack

The case stems from a Holland America cruise ship passenger was brutally beaten by a Holland America employee, who apparently had a master key and used it to gain entry into the victim’s cabin. The employee tried to strangle the woman with a phone cord, smashed her with a laptop and other blunt objects, and even tried to throw her overboard. She was also sexually assaulted. At one point, her oxygen supply was completely cut off from the choking. The entire attack lasted about an hour, until the victim managed to escape the cabin into the hallway.

Food Safety on Cruises is Often Overlooked

June 1, 2015 | by Gerson & Schwartz, P.A.

If you are a passenger on a cruise, you may be aware of a number of potential hazards (especially if you are a regular reader of this blog). You may be aware of slippery floors, excursion accidents, mechanical failures, and a number of other possibilities. But one thing we don’t give much thought to is food safety. How safe is the food that cruises are serving?

Report Looks at Cruise Food Safety

ProPublica has looked into this issue in a fascinating, interactive page that allows viewers to look at safety from each aspect of a cruise ship, from the kitchens to the pools to everything in-between. The site also allows you to search for the safety record for a particular cruise ship, although bear in mind there is no obligatory safety reporting required of cruise ships, so the database may not be completely reliable.

Three People Injured on a Cruise, Yet Nobody Knows Why

May 1, 2015 | by Gerson & Schwartz, P.A.

When there is an injury—and especially multiple injuries—from almost any cause, the media and investigators are often all over the story. The public is provided with so much information, so quickly, that some of it is often incorrect in the early stages. But when it comes to reporting on tragic cruise ship injuries and deaths, it’s amazing how little is actually disclosed, and even more amazing how little anybody says about the dearth of information that is provided by cruise lines.

Mysterious Injuries on a Cruise

Recently, on board a Holland America cruise ship, three passenger suffered injuries—one with a leg injury, one with a head injury, and the other with a heart-related emergency. The injuries were so severe, and of such an emergency basis, that the ship had to come within three miles of shore to allow rescue crews to get them.

Just When You Thought Onboard Cruise Safety Couldn’t Get Worse…

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

Just when it seems that the cruise industry really can’t ignore common sense safety precautions any more than they have already, new information comes out guaranteed to surprise anybody with a modicum of common sense. This time it has to do with national news reports revealing the lack of safety precautions used by cruise ships at their onboard pools.

Report reveals Lack of Lifeguards

An NBC News Today Show report recently revealed that many cruise lines have no lifeguards at or around their onboard pools, despite more than 1.5 children million cruising every year (although lifeguards are a safety precaution for all passengers, not just children).

Transport On and Off a Cruise Ship Can Be Dangerous

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

If you have ever been on a cruise, and the ship visited ports of call, you may have noticed that in many cases, the countries you visited did not have easy transport from the ship to land. In fact, in many cases, there may not have been any access at all, but rather you may have had to board smaller ships to take you to the mainland from the ship and back again.

This is quite common. Unfortunately, a recent tragedy is highlighting what a cruise line’s duty is with respect to these transports.

Accident Happens While Getting Off Ship

Rash of Man Overboard Cases Hits Cruise Industry

April 1, 2015 | by Gerson & Schwartz, P.A.

A strange rash of cruise passengers falling overboard has struck the cruise industry lately. And while no lawsuit have been filed, the stories still highlight safety issues in the cruise industry, and problems that need to be addressed.

Laundry List of Overboard Cases

A Carnival Triumph passenger’s body was found at sea after he fell off the deck of the ship. The incident happened just off the coast of Mexico. There was surveillance video, but no word yet on why the man fell or how.

Is Terrorism the New Threat to Cruise Passengers?

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

If you are cruising, and you think of safety issues, you probably think about the medical facilities on board, the cleanliness of the ship, and supervision of on-board activities. You may not give much thought to terrorism. One country is warning cruise passengers to be diligent about it in the coming months.

Italy Warns of Possible Threats

The Italian Ministry of Defense has warned that ISIS may engage in piracy of cruise ships on the seas, much like the Somali pirates that were highlighted in the recent “Captain Phillips” movie, which was based on true events. It’s well known Somali piracy affects merchant and commercial vehicles, but this is the first time we’ve heard of a government agency making a warning as to a passenger vehicle.

Medical Malpractice on a Cruise Ship May Now Be a Viable Claim

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

If you’re on a cruise ship, and you’re injured as a result of medical malpractice, federal law which governs injuries at sea has been fairly consistent that you cannot recover damages against the cruise line as a result of the negligence.

There have been all kinds of excuses to deny recovery under a malpractice theory. One shouldn’t expect the same medical care on a ship as they do on land. Cruise ships are not floating hospitals, and shouldn’t be held to a medical malpractice standard the same way real medical facilities are. Or, the doctors on the ship are independent contractors, and thus, the cruise ship can’t be responsible for their negligence.

But a recent case now seems to be turning the law around, providing medical malpractice victims at sea a possible remedy under federal laws.

“Flags of Convenience” are a Dangerous Loophole for Cruise Passengers

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

When you take a cruise, you may or may not notice the flag flying on the top of the ship. If you look, you’ll notice the flag usually isn’t an American one. And if you listen to cruise commercials you may hear the words “ship’s registry,” followed by the name of a country. Likely, you don’t know what that means or how it affects you. But it has a huge impact on cruise safety, and there’s a good reason that you don’t see many flying under the American flag.

What is a Flag of Convenience?

The flags that fly on cruise ships that are from foreign countries are often called “flags of convenience,” because by sailing under them, ships become the territory of that nation, and thus avoid U.S. laws regulations, and taxation. A ship only has to follow the labor codes, environmental rules, and safety standards, of the nation they sail under—almost all of which have lesser and weaker standards than in the U.S.