Cruise Ship Accident Lawyer Blog

Cruise Ticket Time Limits May Prevent You From Ever Bringing a Claim

October 1, 2014 | by Gerson & Schwartz, P.A.

If you are injured on a cruise ship, a major hurdle that you may have is filing your lawsuit within the time period provided by law. Cruise ship accident victims are often excluded from bringing negligence or liability claims, based upon having waited too long to file a lawsuit.

What is a Statute of Limitations?

A statute of limitations is a deadline in which a lawsuit can be filed. After that deadline, the lawsuit is forever barred. Different causes of action—negligence, breach of contract, malpractice, etc. – may have different statutes of limitations, and different states have different limitations on each kind of action.

Cruise Industry Still Thinks New Laws are Unnecessary

September 24, 2014 | by Gerson & Schwartz, P.A.

The Washington Post recently published an interesting article about whether or not cruise ships are doing enough to protect passengers, and whether existing regulations are strong enough to ensure passenger safety.

The article describes one passenger who almost drowned in the undertow of a pool on the ship, after going down a large slide. Her sister noticed her struggling, and only after she desperately cried for help did anybody from the cruise staff jump in to help her.

To make up for her accident, Carnival offered her a $100 coupon.

CDC Says Cruise Ship Norovirus Outbreaks Uncommon, But That May Be Misleading

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

Yet another cruise ship has been stricken with an outbreak of the norovirus. Don’t be confused—this isn’t a repeat of a previous post. Norovirus outbreaks seem to happen so often on cruises that it often seems like the same news is being reported over and over again.

What happened now?

This time, guests on a Princess Cruise departing from Australia were affected, in an outbreak bad enough to prompt one guest to call it a “cruise from hell.” About 100 guests have been affected, but it doesn’t appear that the cruise will be terminated early.

Punitive Damages and Maritime Law

September 3, 2014 | by Gerson & Schwartz, P.A.

If you are injured at sea, you may think that regular laws that will apply to you, and your rights to recovery would be the same as if you were injured on land. In fact, this is not true at all. As our Florida cruise ship accident attorneys have discussed before in this blog, there are many nuanced differences between maritime law and state laws. One such difference has to do with punitive damages.

What Are Punitive Damages?

As the name suggests, punitive damages are not designed to compensate an injury victim at all—the goal of punitive damages is to punish the negligent party for behavior so outrageous or unacceptable that an extra, often large, monetary punishment is necessary. Like a criminal law sentence, there is also an element of deterrent involved—other companies that see severe economic penalties assessed against a wrongdoer may be more likely to modify their behavior and take measures to protect their patrons or customers.

Cruise Ship Medical Malpractice – Are Ships Responsible?

August 29, 2014 | by Gerson & Schwartz, P.A.

When you are on a cruise, you are often miles out into the ocean, far away from land. While on the cruise you may be engaging in extreme sports, eating foods you aren’t used to eating, walking on rocking floors, and being in close contact with thousands of other passengers in a closed environment. With the chances of injury or illness being high, you would think that ships were equipped with medical facilities and personnel that were prepared to deal with any kind of medical emergency. Think again.

Medical Facilities on Cruises

In fact, there is little regulation about what kind of medical facilities must be on board, and medical personnel may be licensed in countries that are not as stringent as the licensure requirements in the U.S.

Recovery for Injury When on a Cruise Excursion can be Difficult

August 14, 2014 | by Gerson & Schwartz, P.A.

We all know that if you’re injured while on a cruise, there’s a good chance that if anybody is liable for your injuries, it’s the cruise line. Inside the confines of the ship, it is the cruise line’s responsibility to make sure there’s nothing that’s going to injure you. But what about once you leave the ship, for the so-called excursions? Getting injured while on an excursion presents an entire host of difficult legal questions.

The Danger of Excursions

Excursions are the off-ship adventures that you take when the ship docks at a port of call. Excursions can include scuba diving, snorkeling, watersports, caveing/spelunking, traversing waterfalls, interacting with wildlife, or organized tours of the locale.

Spouses of Injured Victims Have Their Own Claims–But Maybe Not When the Injury Happens at Sea

August 4, 2014 | by Gerson & Schwartz, P.A.

If you sustain personal injuries, certainly your own pain, suffering, loss of income, and other damages may be recoverable against a responsible party. Often though a victim’s injuries don’t just affect them, but also the people around them, such as spouses. Spouses of injured victims may also lose vital aspects of companionship when their significant other is injured. Those losses can often be recovered by the spouse if the injury occurs in Florida, but the law is unclear whether that’s true if a victim is injured at sea. Our Florida maritime accident attorneys can help you understand the specifics regarding your individual case.

Spouse Becomes Separate Plaintiff in Case

A spouse who loses the companionship, intimacy, or daily comfort of their loved one’s health, has what is called a loss of consortium claim. The spouse will be a separate Plaintiff, suing along with the directly injured spouse.

International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

July 30, 2014 | by Gerson & Schwartz, P.A.

On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for passengers on the high seas. Mr. Gerson addressed congress detailing the negligent behavior of the cruise line industry and its trade group, Cruise Lines Industry Association, commonly referred to as CLIA. Mr. Gerson illustrated how cruise ship owners suppress the facts, rather than honestly report them to their passengers. These organizations and individuals alike, boast that its passengers are safer at sea, when this is clearly not the case.

At the senate hearing Mr. Gerson emphasized, how ship security is on board to protect the ship owners, not their passenger customers. Moreover, he pointed out how the legal relationship between the passenger and the cruise line is deliberately written in a way that is difficult to understand. Due to the fact, that the contractual terms which individuals sign are printed in tiny font and using legal and maritime terms that cannot be understood by the average person who takes a cruise, the rights of crime victims on board a cruise are often signed away before they even embark.

The compelling stories of three witnesses who spoke at this hearing demonstrated how difficult it has been for victims to seek or obtain protection before, or assistance after, violent and brutal crimes such as rape and sexual assault occur. Mr. Gerson continued to express deep concern for women and children who are unsafe while at sea. These vulnerable populations in particular are targeted by sexual predators often including crew members hired to work on board the ship. Sometimes, individuals hired as security guards who passengers understandably believe are on board to protect guests are the very ones who are committing these heinous crimes. More importantly, there is absolutely no police protection, on board these floating cities, and so defenseless passengers are left to protect themselves.

Confusion Over What Law Applies Leads 2.7 Million Verdict to be Reduced to Zero

July 29, 2014 | by Gerson & Schwartz, P.A.

A Florida Court recently reduced a jury’s 2.7 million dollar injury award to a cruise ship passenger to zero based upon confusion over what law should apply. The United States Supreme Court has refused to hear the passenger’s appeal, creating a very dangerous legal precedent for Florida’s cruise ship passengers. Our Florida cruise ship accident attorneys are following these stories with interest.

Specifics of the Case

The passenger was injured when a rotting and unstable chair he was sitting on collapsed from underneath him while on a cruise. The jury awarded him 2.7 million dollars, but a dispute arose over the question of whether federal or state law should apply. The judge applied the much more business-friendly state laws, and reduced the award to zero.

Carnival Raising Cruise Prices as Costa Concordia is Raised from the Sea

July 22, 2014 | by Gerson & Schwartz, P.A.

Despite recent news of the ill-fated cruise line Costa Concordia being raised from the sea after its tragic sinking in 2012, Carnival Cruise lines, the parent company of Concordia, apparently thinks the environment is right to start raising prices on cruises again. This is despite having a less than spectacular year when it comes to cruise ship safety. Our Florida cruise ship attorneys are monitoring these developments closely.

Prices Going Up

Carnival Cruise line recently reported its intention to raise cruise prices, which had been trending cheaper in the recent years. Bad press has plagued the cruise line industry, due in no small part to the spate of near disasters that many mainstream cruise lines have suffered.