Cruise Ship Accident Lawyer Blog

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

How a Victim’s Negligent Acts Affect Miami Cruise Ship Accidents

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

Though there is some competition from ports further north in Florida, data on cruise lines in Miami reveals that demand for vacations at sea remains high. Officials from PortMiami report that 4.02 million passengers boarded cruise ships in 2022, and the numbers are expected to increase in 2023. Part of the reason is being able to move more passengers efficiently and effectively through new, upgraded terminals funded by the cruise lines. Another factor is that cruise vacations are even more affordable than ever, with packages, perks, and discounts available to attract travelers.

As passenger volume increases and cruise ships are able to accommodate thousands of guests, the risk of accidents is also on the rise. Onboard amenities and activities on a water-based vessel could lead to injuries, and the cruise line is liable in most cases for not keeping the ship safe. However, actions by a victim also play a role, so you should consult with a Miami cruise ship accident attorney about the effects on your rights. An overview is also useful.

How Comparative Negligence Works

Cruise Line Duties and the Americans With Disabilities Act (ADA)

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

The Americans with Disabilities Act (ADA) was enacted in 1990 to protect people with medical conditions in the same way as other laws prohibit discrimination on the basis of race, sex, national origin, and other characteristics. The sweeping legislation sets standards for accessibility in public places and requires private businesses to make reasonable accommodations to support those with disabilities. The ADA does apply to cruise ships via rules and regulations established by the US Department of Transportation (DOT). Vessels that use US ports or sail in US waters must comply with the accessibility standards, including any cruise in or out of Miami.

Even if you are familiar with some of the basics of ADA, the statute is different when you are on board a ship traveling through unpredictable seas and carrying thousands of other passengers. Plus, cruise lines have been inconsistent with their efforts to enable reasonable accommodations, potentially leading to serious injuries. Consult with a Miami cruise ship accident lawyer to learn more about your rights, but some background is informative.

Accessible Cabins

Cruise Ship Fires Happen With Alarming Frequency in Florida

February 16, 2023 | by Gerson & Schwartz, P.A.

When you are on board a cruise out of Miami, miles from shore and surrounded by nothing but water, you might think that fire is the least of your concerns. Therefore, it is shocking to learn how frequently these accidents occur and the ways cruise lines try to minimize their own negligence. According to a Cruise Lines International Association (CLIA) report on operational accidents, there were 27 fires or explosions over the 10-year study period. These incidents are preventable, yet they put thousands of passengers and crew at risk of serious injuries.

The causes of cruise ship fires vary, and operators have a duty to protect those onboard. They also have a legal obligation to mount an appropriate response, but cruise lines tend to react in ways that advance their own financial interests. You do have rights if you or a member of your group was injured in a fire or explosion, so consult with a Miami cruise ship accident lawyer about legal options. An overview is also informative.

Common Causes Behind Cruise Ship Fires and Explosions

Cruise Ship Safety Rules Passengers Should Never Break

January 10, 2023 | by Gerson & Schwartz, P.A.

Miami is the Cruise Capital of the World for good reason, being ideally located for sailings to the Caribbean, Bahamas, Mexico, and other exciting destinations. As of 2023 figures, there are more than 20 cruise lines at Port Miami, operating 55 ships that cater to a range of passenger ages, interests, and budgets. There are different reasons you might choose one cruise line over another, but they all have one thing in common: Guests are bound to numerous rules during a cruise vacation, and they exist for the safety, comfort, and enjoyment of all passengers.

Rules might seem like a hassle when you are on vacation and just want to experience the fun, but it is a mistake to violate them. Breaking the rules could result in being removed from the ship, ruining your trip. However, the stakes are higher when you do not follow safety requirements. You put yourself at risk of injury, and you could even harm your legal rights. You should consult with a Miami cruise ship accident attorney about details and review some of the key rules to never disobey.

No Smoking or Vaping

Safety Tips for First-Time Miami Cruise Passengers

December 22, 2022 | by Gerson & Schwartz, P.A.

It is beyond exciting after you book your first cruise vacation and the departure date approaches. When you are cruising out of Miami, the Cruise Capital of the World, you will enjoy deluxe accommodations, stunning amenities, and a dizzying array of shore excursions. There are fun activities for guests of all ages, yet plenty of opportunities to relax. First-time cruises traveling with the family, on a romantic trip, or an action-packed vacation with friends will not suffer from a shortage of things to do.

If you have never been on a cruise before, you are probably doing your homework about what to pack, planning for excursions, and other basics. However, you may not focus on another important topic for cruise vacations: Safety. You will be briefed on ship and water safety upon departure, but there are additional factors that could put you at risk. A Miami cruise ship accident lawyer can explain legal remedies if you were hurt, and a few tips will help you protect your group.

Bars and Nightlife