Cruise line sued for Mother’s Day overboard death

 A get-away vacation cruise with girlfriends that was on the victim’s bucket list turned into an unthinkable tragedy for the family of a Carnival Cruise Line passenger. In one of the most serious cruise ship accidents, she fell off the ship and drowned in the Gulf of Mexico in May 2016. The Coast Guard ultimately shared the tragic news with her husband on Mother’s Day weekend and he had the unspeakable job of telling their four children. The family hired a cruise ship injury law firm and the family filed a wrongful death lawsuit. The lawsuit which was filed in federal court, includes allegations that are seen in other personal injury cases analogous to owners and operators of resorts  provide reasonable safety measures for their patrons. In this particular case, the duty of care that is owed is a a duty cruise ship passengers.

The victim was obviously and seriously intoxicated on the evening of the accident and the crew continued serving her alcohol, according to the lawsuit. Shipboard video revealed that she later went on deck, stepped on a chair, climbed on the railing and sat with her back on the water. She then fell backward and into the water at 2:04 a.m. The plaintiff’s attorney said that the ship did not issue an alert, stop, slow down, turn or launch a lifeboat. The fall was videotaped with infrared cameras but was not viewed until later and the ship’s captain did not notify the U.S. Coast Guard for 15 hours after the fall was viewed. Friends told her husband that she was missing the next morning while the crew went to her cabin and posted her picture for other passengers.

Cruise ships can offer an idyllic atmosphere and experience for passengers. However, poor shipboard safety and training may turn a dream vacation into the most unwanted nightmare for passengers and their families. The harm from these maritime accidents may be compounded by the antiquated laws that govern cruise ship accidents and fatalities.

An Alabama couple was killed in a cruise ship on the Amazon last April after a fire broke out in their cabin. The deaths may have been prevented if the ship was equipped with its advertised safety devices and the crew was properly trained, according to a Peruvian Navy report.

The fire was attributed to short-circuit in a power strip provided by the ship and connected to a CPAP machine used by the male victim. The flames were confined to their cabin. However, the poor construction and tragedy compounded the fire’s impacted.

For many modern cruise ships, their pool (or pools, in some cases) are one of their main attractions. These pools and pool areas often offer entertainment, multiple bars, and activities for vacationers of all ages to enjoy. Unfortunately, they also expose people in and around the pool to a significant risk of involvement in a cruise ship accident.

When these incidents are the result of the negligence of cruise ship staff or defective pool equipment, victims can often recover compensation from the cruise line.  Here are some of the types of hazardous conditions that could potentially entitle people to file a claim.

Inadequate Pool Maintenance

Last year, passengers on a Carnival Cruise ship were horrified as their vessel crashed into a pier at a harbor in Baltimore. After returning from a weeklong trip to Florida and the Bahamas, the cruise ship approached the pier while traveling too fast, and was unable to avoid a collision. Luckily, no one was injured, but the incident raised questions about cruise ship safety. After a lengthy investigation into the crash, the National Transportation Safety Board has finally released its report on the episode.

Incident like these are not uncommon. If you were injured on a Carnival Cruise ship or any other type of cruise ship, our South Florida cruise ship accident attorneys can help.

Investigators Blame Ship Captains for Cruise Ship Accident

Last week, officials from the U.S. Coast Guard made the decision to call off the search for a man who fell overboard while sailing on a Carnival Cruise ship. Security cameras on board the ship recorded 24-year-old Kevin Wellons falling from the 11th deck of the ship while the vessel was sailing near Abaco, Bahamas. The cameras did not record how or why the Warner Robins, Georgia man fell from the Carnival Elation, and only caught his descent into the water.

Wellons fell overboard at about 2:45 a.m. on the morning of February 13, 2017. Wellons’ wife reported him missing to the ship’s authorities after she awoke around 8 a.m. By 11 a.m., the ship had deployed rescue boats, helicopters, and had notified the Coast Guard, but had no luck locating Wellons. The search was called off a week after the accident with Wellons presumed dead.

The Coast Guard states that they do not suspect foul play involved in Wellons’ death, and his presumed drowning was likely an accident. Further investigation will show if the cruise line was negligent in failing to prevent Wellons’ death. If you or a loved one was injured or suffered an accident while on a cruise ship, the Florida cruise ship accident lawyers at Gerson & Schwartz, P.A., can help.

While vacationers hope for sunny skies when embarking on a cruise, hot weather can cause numerous hazards for passengers onboard a ship. Recently, one South Florida couple alleged that Norwegian Cruise Lines (Norwegian) failed to account for the dangers posed by the sun and failed to adequately warn its passengers of the dangers posed by the heat, causing a serious injury. If you were similarly injured on a cruise ship, our experienced Miami cruise ship attorneys can help you recover compensation for your injuries.

Did Cruise Line Fail to Warn Passengers?

In July of 2016, Arturo O. Ynigo and his wife, Marison Martinez Ynigo, were sailing on a Norwegian ship when Mr. Ynigo decided to go swimming. After getting out of the pool, he soon discovered that the deck in the pool area was extremely hot. By the time he was able to put on his footwear, Mr. Ynigo’s feet had been badly injured. Mr. Ynigo sought medical treatment, and was diagnosed with second-degree burns on the bottom of his feet. The Ynigos claim that they were not warned that the deck near the pool area was hot enough to cause such an injury.

Cruise Ships Have Accident Risks at Every Turn

When you sign up for a cruise, you expect to experience a relaxing vacation that involves, food, drink, entertainment, and scenic locales. These ocean behemoths are practical floating cities that can be home to several thousands of people at a time. Just like a city on the shore, cruise ships can expose people to many different risks of serious injury or bodily harm. Some of the more common causes of cruise ship injuries are detailed below. Our Florida cruise ship lawyers will outline some of the more common type incidents below.

Slip and Fall Accidents

Cruise passengers often take comfort in the fact that cruise lines employ physicians and other medical professionals on their ships to take care of guests who may become ill during a sailing. However, what if these medical professionals were not even qualified to hold the positions they were hired for? Cruise ship injury attorneys are skilled in filing claims against cruise lines for failing to hire qualified also referred to as negligent hiring claims due from harms caused by ship employees if those employees cause passengers harm.

That’s exactly what happened onboard the Aidavita, which is part of the Carnival-owned cruise line called Aida Cruises. A 41-year-old nurse posed as a doctor for a five-year period. He produced a fake medical license to secure positions as a physician. Making more money, as well as elevating his status, was his primary motivation in leading this double life.

The nurse’s stint as a “doctor” included a ten-month period on the cruise ship. He provided more than 1,300 treatments to passengers. In 21 incidents, he provided injections or infusions. Aida Cruises clearly dropped the ball in this case. It appears as though the cruise line took the “doctor” at his word and did not perform a thorough background check to verify his credentials. In most cases, a doctor’s license may be easily checked on an online database and simple due diligence.

Falling Overboard on Cruise Ships: Are Cruise Lines Responsible

The Christmas holidays were a sad time for the family of a 74-year-old passenger on the Queen Mary 2. According to our Florida cruise ship injury attorney, at some point between 1:00 a.m. and 3:00 a.m. on December 23rd, it is believed that the woman fell overboard while the ship sailed off the New Jersey coast. The passenger was on a 12-day Caribbean cruise on the ship. The Coast Guard, once it received notice of the incident, began a search of the area. The Queen Mary 2 also turned around in hopes of locating the passenger. The Coast Guard implemented the use of a fixed wing plane, as well as a helicopter. Sadly, no trace of the passenger was seen. The search was officially called off on Christmas Eve.

Cruises are tremendously popular among singles, couples, and families of all ages. They are a convenient way to see several destinations in a short period of time. Millions of passengers board these large ships every year, excited to escape reality for a few days and relax. It is estimated that roughly 20 to 25 passengers fall overboard from cruise ships every year. Some of these falls may be due to excessive alcohol intake, or even suicide. Altogether, this begs the question – can cruise ships be responsible for falls overboard?

Crime on cruise ships is not a new phenomenon, regrettably. Many voyages were ruined by unexplained deaths, overboard passengers, sexual assault, battery, and theft suffered by passengers on the world’s most popular cruise lines. Committing a crime while on vacation seems utterly irrational, but it happens. Cruise lines owe passengers a duty of care to protect their passengers from harm. Therefore, cruise lines may be held accountable to you if you are the victim of a crime while onboard. Florida cruise ship attorneys will provide you with zealous representation if you are the victim of a crime while on a cruise ship.

Until very recently, crime statistics for crimes that occur on a cruise ship were inconsistently reported.  While the Federal Bureau of Investigation (FBI) maintains crime statistics, cruise lines compiled their own statistics. These compilations rarely, if ever, agreed with one another. Often, the FBI would report individual numbers while the cruise lines would report something wildly different. The public did not have access to the crime statistics, which compounded matters. Obviously, cruise lines have a vested interest in under reporting the numbers of crimes allegedly happening during their voyages.

Now, with the assistance from the United States Department of Transportation, the public has ready access to crime statistics for a crime allegedly committed on board a cruising vessel.  Critically, recently enacted legislation not only compels cruise line to cooperate with reporting of offenses, but FBI agents are also assigned to investigate crimes the reportedly happen during a voyage. The FBI will establish a communication system that enables victims to contact the FBI for assistance while onboard the vessel.

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