Cruise Ship Accident Lawyer Blog

Carnival Plans to Introduce New Mega Cruise Ships

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

Carnival Cruise Line has ordered “mega cruise ships” that will hold about 7,000 passengers each, making them essentially floating cities. Obviously, this means bigger profits for Carnival, as bigger ships will mean more passengers and more ticket sales. But is bigger going to mean better and safer? Probably not. Our team of experienced Miami maritime injury attorneys have handled serious cruise ship injury cases and, in many instances, the focus for the cruise line is to pack as many people on board, regardless of potential safety hazards.

Some maritime experts are getting worried about the security issues associated with putting so many people on a ship at the same time and going for extended voyages at sea. This can pose problems for smaller ports which do not have the infrastructure to handle potentially thousands of people at the same time, especially when it comes to providing emergency services. In fact, mega cruises can practically double a small port’s population in a matter of minutes by dumping an entire “city” full of passengers and creating havoc. In addition, the bigger cruise ships will, by having more number of people on board, increase the danger of outbreak of diseases like the norovirus (which recently occurred on two Royal Caribbean cruise ships in 2015). These mega ships are likely going to be magnets for criminals and thieves looking to steal purses, wallets, and other valuables.

A legislative proposal by U.S. Senators Richard Blumenthal and Ed Markey named the Cruise Passenger Protection Act of 2015 (CPPA) will make it mandatory for cruise liners to have built-in state-of-the-art security technologies such as man-overboard detection systems and other relevant security systems. The proposed law would also provide for security measures for passengers who have been victims of crimes at sea. The CPPA is just a proposal at this point working its way through Congress. This means, as of now, the level of security on a cruise ship is dependent upon the discretion of the cruise line.

Crew Member Injuries on a Cruise Ship

August 12, 2015 | by Gerson & Schwartz, P.A.

If a crew member is hurt on the job while at sea, do they have to file a workers compensation claim? This is a question asked to our team of experienced Miami maritime lawyers quite often by injured cruise ship workers and their loved ones. The answer is that crew members do not use the traditional workers compensation system that land-based workers may access. The Merchant Marine Act of 1920, commonly known as the Jones Act, is a federal legislation that aims to protect seamen’s rights in cases of on-board accidents or death. Pursuant to this act, compensation can be claimed by a workman employed in a marine vessel when an injury is brought upon by the careless act of an employer or co-worker in course of his employment. Vessel owners can likewise be liable if the accident occurred due to dangerous conditions on the ship.

However, for sailors to acquire damages under the Jones Act, they must give adequate verification that they are, indeed, seamen. Federal courts have deciphered the term “sailor” to mean a person who is employed in a vessel or fleet that operates in waterways used for national or international commerce, or in other words, operates in navigable waters. As long as the person is engaged in some kind of work that is related with the vessel’s objective, the relative significance of the sailor’s expected set of job responsibilities is not critical.

The most common injuries incurred by crew members while on duty aboard a cruise liner are:

Criminal Acts at Sea

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

Cruise ships are not always about welcome drinks, sundecks, and romantic dinners under the moonlit night. There are, unfortunately, many serious crimes that can occur on board a cruise ship, no matter how secure you think you may be. Petty thefts, serious assaults, battery, and even rapes have been reported on cruise ships. In fact, over 950 cruise ship crimes were reported to the FBI between 2011 and 2012, and those are only the crimes that the FBI is aware of. Unfortunately, many crimes, especially sexual assaults, go unreported. Our team of Miami maritime lawyers are here to help and have handled many cases for victims of serious criminal acts while on board a cruise ship or other vessel.

Get Treatment, if Needed

If you or a loved one are the victim of a physical assault or rape by a fellow passenger or crew member, seek immediate medical attention. Cruise ships should have trained medical professionals on board to provide treatment. Be sure, once you return to land, to get copies of the medical records so you can provide them to the authorities and to your attorney. This will help established that the incident occurred if a claim is pursued against the cruise liner and/or an employee of the liner.

Cruise Ship Injuries Can Happen Any Time

July 28, 2015 | by Gerson & Schwartz, P.A.

Cruise ship accidents can happen anytime, anywhere, without any prior warning whatsoever. Take, for example, the recent incident involving the Royal Winner Princess II party cruise ship, which hit the Carolina Beach Wildlife Fishing Pier on July 11, 2015 injuring 15 passengers on board. At least two passengers had to be taken off in stretchers under emergency circumstances with neck braces. In spite of all the modern scientific technological advancements, human error accounts for more than eighty percent of cruise ship accidents, according to official reports from the U.S. Coast Guard. Loss of concentration often results in overlooking submerged obstacles lying ahead, like rocks or icebergs, and panicked manoeuvring the huge vessel at the last moment often proves fatal and overturns the ship altogether – injuring passengers on board. As experienced maritime lawyers, we want our readers to understand and be prepared for a serious cruise ship incident.

Important Steps Any Cruise Ship Accident Victim Needs to Take

If you or a loved one gets hurt while on a cruise ship, be sure to report the incident immediately to a crew member or other administrator (be sure to get their full name and contact information). Take photos, record videos, and get the names of any witnesses. You want to have documentation reflecting when and where the incident occurred. Once you have safely returned to land, a written notice of intent to file a claim according to the terms of your cruise ticket is necessary (a maritime lawyer can help with drafting and sending this letter).

Understanding the Jones Act and Your Legal Rights if Injured at Sea

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

The Merchant Marine Act of 1920, popularly dubbed as the Jones Act, is a federal law that aims to protect the rights of seamen in cases of on-board accidents or death. Pursuant to the Jones Act, compensation can be claimed by a workman employed on a marine vessel when an injury is brought upon by the careless act of an employer or co-worker in the course of his or her employment. Vessel owners can likewise be liable if an injury takes place owing to the dangerous conditions on the ship. Our team of experienced Miami maritime lawyers understand the Jones Act and want to ensure any injured seaman, or a loved one, has the information they need to determine whether they have a viable claim under this federal law.

Federal courts have deciphered the term “sailor” to mean a person who is employed in a vessel or fleet that operates in waterways used for national or international commerce, or in other words, operates in navigable waters. As long as the person is engaged in some kind of work that is related with the vessel’s objective, the relative significance of the sailor’s expected set of job responsibilities is not critical in order to assert a claim under the Jones Act.

If you suffer an injury while working on a vessel, take the following action:

What You Need to Know if You are in a Boat Incident in Florida

July 14, 2015 | by Gerson & Schwartz, P.A.

In 2013, there were 736 reported boating accidents in the state of Florida and over 60 of those accidents resulted in at least one death, according to the Florida Fish and Wildlife Conservation Commission. Furthermore, over 400 people suffered injuries in those 736 boat accidents. This is quite troubling to our team of Miami maritime lawyers. We want everyone to enjoy safe and memorable boating trips.

You may be asking yourself, “Why do so many accidents occur in Florida waters?” To be fair, Florida leads the nation in the total number of registered boats with nearly 900,000 on the books. Given the sheer volume of boaters, the risk of serious boating accidents rises.

Causes of Boat Accidents in Florida and Across the Country

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.