cruise accident lawyer

Shocking Cruise Accidents and Injuries at Sea

November 12, 2024 | by Gerson & Schwartz, P.A.

Florida is a hub for cruise vacations, with millions of visitors from across the globe heading to Miami for cruises to the Caribbean and beyond. Around two dozen cruise lines operate out of Port Miami, and the vast majority of them return without incident. However, paradise can turn into a nightmare due to unexpected accidents at sea. You might be shocked to learn about some of the most disturbing and tragic disasters, some of which led to significant injuries and loss of life.

If you were injured on a cruise ship in Miami, you may be entitled to monetary damages for your losses. To ensure you receive fair compensation, it is smart to retain a Miami cruise ship accident lawyer who will guide you through the legal process. Plus, you can have a look at some of the most shocking cruise ship incidents and the types of injuries to passengers.

RMS Titanic: This 1912 disaster serves as a stark reminder of the dangers of unpreparedness. While this tragedy happened over a century ago, it highlights the importance of proper safety protocols and emergency response measures. Thousands needlessly died due to a lack of lifeboats and related equipment.

Do Overboard Detection Systems Prevent Miami Cruise Accidents?

October 14, 2024 | by Gerson & Schwartz, P.A.

Millions flock to Miami every year to set sail on exciting cruises. While safety is a top priority for cruise lines, accidents can still happen. One of the most concerning incidents is a passenger going overboard, and these emergencies seem to be on the rise. The Miami Herald reported that a cruise passenger overboard incident took place as recently as April 2024, and additional overboard emergencies have occurred globally as well.

While overboard detection systems are becoming more prevalent, it makes many cruise enthusiasts and potential passengers wonder about the technology. Plus, because accidents still happen, you might have concerns about your legal options if you were affected by an overboard incident. You should discuss your situation with a Miami cruise ship accident lawyer to get details, but some background is informative.

How Do Overboard Detection Systems on Cruise Ships Work?

What is Arbitration in Cruise Accident Cases?

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

The basic timeline of a personal injury case typically includes filing an insurance claim and a lawsuit in court, with the possibility of settlement as a means of resolving the case. However, with cruise ship accidents in Miami, there is usually another step in the process because of the unique nature of these claims. You might be required to participate in a form of alternative dispute resolution (ADR) known as arbitration. The American Arbitration Association (AAA) notes a few of the clauses that may be included in your cruise vacation contract, which may indicate you are required to enter into arbitration.

The benefits of arbitration after a cruise ship accident include a shorter time to resolution, avoiding court, and reduced legal expenses. Plus, in most cases, you will still be able to file a lawsuit in court if the arbitration process does not result in a reasonable amount of damages. Your Miami cruise ship accident lawyer will handle all necessary tasks and represent you during the process, but some information about arbitration is useful.

Overview of the Arbitration Process

Miami Cruise Ship Liability for Missing, Overboard Passengers

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

You might read occasional news reports about passengers who have gone missing or overboard while on Miami cruise ship vacations, so you may not realize that these incidents are tragically quite common. According to statistics revealed by Florida Today, a total of 386 passengers went overboard on cruises and ferry boats from 2000 to 2023. Between 2009 and 2019 alone, there were 212 incidents of crew or guests going overboard, and just 48 were rescued. The data on passengers who have gone missing from cruise vacations is also disturbing, though problems with reporting make it difficult to determine exact figures.

The grief and uncertainty are unimaginable if you lost a loved one on a cruise vacation in Florida, but it may be a comfort to know that you might have legal remedies. Cruise operators may be liable for missing or overboard passengers in some cases, and a Miami cruise ship accident lawyer can assist with your legal remedies. Some background information is also useful.

Limited Chance of Survival for Overboard Passengers

What Happens When Miami Cruise Ships Lose Power?

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

It was a horrific scene in late March when a shipping container ship lost power in Baltimore, leading to a fatal collision and collapse of the Francis Scott Key Bridge. A similar incident occurred in Sydney Harbour, Australia, in February 2024 only the accident involved a cruise ship carrying hundreds of passengers. Unfortunately, it is quite common for cruise liners to lose power and become disabled. In many cases, the problems are resolved with assistance from land crews, tug boats, or other support.

However, the potential for serious accidents increases when cruise ships do not have power for essential systems. There are implications for the entire ship and operations, and these effects trickle down into hazards for unsuspecting passengers. It is crucial to discuss your legal remedies with a Miami cruise ship accident lawyer if you were hurt because of lost power on board. Some additional information about what happens in these situations is also useful.

Impacts on Ship Operations

How Long Does a Miami Cruise Ship Accident Claim Take?

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

It is tragic and unfortunate to be involved in a cruise ship accident on what was expected to be the trip of a lifetime for you and your family. Unfortunately, according to recent statistics, the potential for fatal and injury-causing incidents is higher than you think. From 2005 to 2011, 16 people have lost their lives in cruise ship mishaps. Another 300 individuals suffered injuries while on a cruise, and more than 150 cruise passengers have gone missing from vessels.

Like personal injury accidents that occur on land, you do have rights if you were hurt or someone close to you died on a cruise. However, these cases are very different from what you might know about Florida’s personal injury laws. Make sure to reach out to a Miami cruise ship accident lawyer right away since timing is one important factor that you need to know.

Timing and Deadlines for Cruise Accident Claims

What to Do After a Miami Cruise Ship Accident

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

Whether you are cruising your first time or you take large ship vacations often, you expect your experience to be memorable in all the right ways. Unfortunately, serious and life-threatening injuries can happen when cruise operators are negligent. Cruise accidents have been on the rise in recent years and are forecast to increase. Statistics indicate Port Miami reported its busiest season in the history of cruise vacations for 2023, putting more passengers at risk of cruise ship accidents.

When at sea and far from home, it can be difficult to think about what tasks you need to handle as an injured victim. You are in unfamiliar territory, yet it is essential to do all you can to protect your rights. One of your first priorities is consulting with a Miami cruise ship accident lawyer who can advise you on the legal process for recovering compensation. Plus, you can use some tips on what to do after you or a loved one was hurt in a cruise accident.

Report the Accident

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

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

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