Cruise Ship Accident Lawyer Blog

Passenger Sues Cruise Line After Being Injured by Champagne Cork

February 18, 2024 | by Gerson & Schwartz, P.A.

The popping sound of a champagne cork disengaging from a bottle is the go-to file in the sound effects library when you want to indicate a festive atmosphere. The sight, sound, and smell of the spray of bubbles from a newly uncorked bottle of champagne evoke nostalgia for leisurely, convivial nights in much the way that the sight, sound, and smell of the sea foam make you nostalgic for leisurely days.

Uncorking a champagne bottle at a party that you host in your own house is a rite of passage. There is always that fear that the cork will go rogue and damage the furniture that you spent so much money on in preparation for your housewarming party. When you buy a bottle of champagne in a restaurant, at least you can be sure that the restaurant server who is opening the bottle knows what they are doing.

Most people have an instinctive fear of getting hit in the eye by a champagne cork because it can fly out of the bottle at 30 miles per hour; our reflex is to stand back. A champagne cork to the eye falls under the category of freak accidents, and a cruise ship is the last place anyone would expect it to happen. If you have been injured in a freak accident on a cruise ship, contact a Miami cruise ship accident lawyer.

Shocking Accidents on Cruise Vacations During 2023

January 15, 2024 | by Gerson & Schwartz, P.A.

A cruise vacation is supposed to be a time to connect with loved ones and enjoy a range of activities, both onboard the ship and ashore at exciting destination ports. You would never expect that accidents could ruin your trip, but they can happen on a cruise just as easily as at home. In a recent report, statistics indicate the various mishaps, accidents, and disasters that occurred on cruise vacations around the world in 2023. While some were minor incidents or disruptions, many passengers were affected by other accidents. Approximately 31.5 million people took cruise vacations during the year.

Cruise ship accidents occur because of negligence by operators, crew, employees, and other parties that fail to ensure the safety of passengers. You do have legal remedies, so consult with a Miami cruise ship accident lawyer about how to recover monetary damages. A look at the most shocking mishaps on cruises in 2023 is also informative.

Engine Room Fire Prompts Evacuation

Cruise Ship’s Passport Policy Leads to Delayed Medical Treatment for Passenger

December 15, 2023 | by Gerson & Schwartz, P.A.

Unless you are a naturalized United States citizen, it is difficult to appreciate how easy it is to travel to most countries with a U.S. passport. In many countries, you can simply buy a modestly priced visa when you arrive at the airport, and some countries will simply stamp your passport and allow you to enter without a visa. When you travel to Canada or Mexico by ground transportation, you can simply show your passport card instead of getting your passport book stamped. Of course, no matter what country you are from, it is easy to understand how not having your passport with you is an emergency. Perhaps you know someone who misplaced a passport when traveling abroad and made a frantic call to the embassy to get a replacement. Several years ago, a child suffered serious complications from a minor injury he sustained on a cruise ship because of the cruise ship’s policy about passengers bringing passports. If a cruise ship company puts you in a dangerous situation that causes or worsens your injuries, contact a Miami cruise ship accident lawyer.

Child’s Minor Injury Turns Serious Because of Lack of Access to Medical Facilities

Although everything would change a month later, the cruise industry was still in full swing in February 2020. Three-year-old Roman Mejias and his mother, Nicole, went on a Gulf of Mexico cruise operated by Norwegian Cruise Line. The cruise line advised passengers who were United States citizens not to bring their passports. While on the cruise, Roman accidentally scraped his eyelid while playing with a toy car. His mother applied over-the-counter antibiotic ointment, but the scratch became infected, and eventually, Roman’s eyelid swelled to five times its normal size. Nicole asked the ship’s administrators to make port in Mexico so that she could take Roman to a hospital, but they refused since Roman and his mother did not have their passports. Nicole even called the U.S. consulate in Mexico, but she was unable to arrange for Roman to visit a hospital in Mexico.

Family Sues Cruise Ship Line After Animal Attack at Zoo During Shore Excursion

November 20, 2023 | by Gerson & Schwartz, P.A.

What can go wrong on a cruise ship? A lot of things, and that is why cruise ships have infirmaries. Children fall down after running on pool decks. Raw oysters and rare steaks cause foodborne illness. Anyone would get sick after a certain number of rum runners, especially if they consumed them after an unlimited buffet full of escargot, conch fritters, and cheesecake, which they attended only a few hours after a champagne brunch. Of course, cruises also carry hazards that are too big for the infirmary to deal with, such as shipwrecks and mutinies. Shore excursions are, in theory, the least risky part of going on a cruise, if only because the hospital facilities on dry land are much more advanced. In fact, cruise ships should make emergency stops at nearby ports when a passenger becomes severely ill and requires medical treatment beyond what the ship’s infirmary can provide. If your injuries got worse because a cruise ship’s infirmary failed to provide appropriate treatment, contact a Miami cruise ship accident lawyer.

Anteater Scratches are Not Among the Most Common Reasons for Visits to the Ship’s Infirmary

Going on a Disney cruise is about the least adventuresome way to experience South America. If it is a true adventure you are seeking, you go hiking in the Amazon rainforest or mountain climbing in the Andes. People go on Disney cruises because they want some peace and quiet, punctuated by champagne brunches, not because they want to come face to snout with wild animals.

Cruise Ship Passenger Suffers Permanent Injury Because of Medical Error by Infirmary Staff

October 20, 2023 | by Gerson & Schwartz, P.A.

A certain subset of the senior population enjoys going on cruises; every winter, legions of grandparents fly into Fort Lauderdale International Airport, board a shuttle bus to Port Everglades, and then sail away on a cruise ship to spend the harshest weeks of winter island hopping, lounging on the pool deck, or dancing in the ship’s ballroom. For seniors who have the good sense to retire to Florida, cruise ship adventures are within commuting distance, and even when they are at home on dry land, the weather is usually conducive to the kinds of activities that lead the elderly to seek out Caribbean cruises in the first place, such as walks on the beach, swimming, and mini golf.

Several years ago, a healthy 85-year-old man set out on a cruise, but due to a medical error at the ship’s infirmary, he suffered a permanent decline in health. If you have suffered a serious injury because of a medical error at a cruise ship’s infirmary, contact a Miami cruise ship accident lawyer.

Previously Healthy Octogenarian Returns From Cruise as an Invalid

Defenses Cruise Lines Use to Fight Miami Cruise Accident Claims

September 20, 2023 | by Gerson & Schwartz, P.A.

You can probably guess that the cruise vacation industry is worth billions, but it is still staggering to review the statistics. Data on cruise industry market share and revenue trends reveals that the global cruise market was worth $7.67 billion in 2022, and the US is half that at $3.84 billion. Plus, this number is expected to grow to $18.3 billion by the end of 2030. As one of the busiest cruise ports in Florida, Miami’s cruise industry is well-positioned to pocket a large share of this growth.

Unfortunately, raking in millions of dollars does not lead Miami cruise lines to be generous when their own negligence causes injuries to passengers. To protect their profits, they will present every possible defense to avoid liability. In most cases, the defenses are weak. However, because there are some that could affect your rights, you will need help from a Miami cruise ship accident attorney. Some background is helpful.

Statute of Limitations

Does the Death on the High Seas Act Apply to Cruise Ships?

August 14, 2023 | by Gerson & Schwartz, P.A.

Accidents on cruise ships are common, and they cause injuries to numerous passengers every year. These incidents rarely lead to loss of life, but fatal accidents do happen. However, they are not covered by the same Florida wrongful death laws that would apply if the fatality occurred on land. Instead, the Death on the High Seas Act (DOHSA) governs the legal process. Once a cruise ship travels beyond three nautical miles from the shore of the US, DOHSA is the statute that provides victims with legal remedies.

DOHSA was originally intended to protect workers at sea by allowing family members to seek compensation after the employee’s death. The law does apply to fatal accidents on cruise ships, so it is critical to get help with your remedies if your family is affected. A Miami cruise ship accident lawyer will assist with all legal requirements, but you can read on for some background about DOHSA.

Overview of DOHSA

What Happens if My Cruise Ship Injuries Require Surgery?

July 13, 2023 | by Gerson & Schwartz, P.A.

Accidents can happen on cruise ships just like any other location, but the significant difference if you suffer serious injuries is that medical treatment is limited on a vessel. Ships sailing out of Miami and the rest of the US must comply with the standards set by the American College of Emergency Physicians (ACEP), which are quite basic. The vessel’s infirmary must have wheelchairs, spine immobilizing backboard, oxygen, defibrillators, and equipment to assess vital signs, among other requirements.

Clearly, a cruise ship infirmary is intended to manage minor medical emergencies. However, many accidents require major medical intervention, possibly including surgery. Depending on the injuries, the staff may or may not be able to take care of your immediate needs. It is challenging to figure out your rights and remedies, so you should contact a Miami cruise ship accident attorney in such a situation. Some background information is also helpful for understanding how these cases work.

Cruise Ship Injuries That May Require Surgery

Safety Concerns From Failed Cruise Ship Inspections

June 11, 2023 | by Gerson & Schwartz, P.A.

In a story that is just as likely to make you squeamish as downright fearful about safety on cruises, a Florida cruise line received the lowest score ever for an inspection. A news report covered the April 27, 2023, inspection conducted by the US Centers for Disease Control and Prevention (CDC) and which revealed more than 50 violations of Vessel Sanitation Program (VSP), which was established to regulate cleanliness and hygiene on board. Not only do these violations threaten safety from illness, but some could even lead to cruise ship accidents.

The VSP exists for passenger safety, and cruise ships must meet the requirements to pass the inspection. In the recent case, the ship earned 67 out of 100; 85 points is a passing score. Operators will undoubtedly be working hard to get the vessel into compliance, and no injuries or illnesses have been reported. A Miami cruise ship accident lawyer is essential if you were hurt in any type of incident on board, but it is interesting to understand what could have gone wrong – at the cost of passenger safety.

Food Preparation Issues

Maintenance and Cure in Jones Act Maritime Injuries Claims

May 15, 2023 | by Gerson & Schwartz, P.A.

The dangers of working onboard a ship at sea are clear, but not being in a land-based location means many of the protections of federal and state workers’ compensation laws do not apply. Fortunately, there is a statute that closes this gap. The Jones Act extends the protections of the Federal Employer Liability Act (FELA), which pays compensation to qualifying employees who are injured on the job. Under the Jones Act, you could be entitled to benefits for maintenance and cure, and these amounts offer valuable financial support after a seaman suffers harm in a maritime accident.

Florida boasts almost 8,500 miles of coastline, along with numerous shipping ports and cruise passenger terminals along the way. The maritime industry is extensive, so it is important for those who earn a living through it to know their rights. There are many details that apply to Jones Act claims, so trust a Miami maritime injuries lawyer for assistance. An overview of maintenance and cure is also helpful.

Losses Covered by Maintenance and Cure