Cruise Ship Accident Lawyer Blog

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

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