cruise accident lawyer

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

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

Miami Cruise Accident Statistics May Surprise You

November 16, 2022 | by Gerson & Schwartz, P.A.

While Port Miami is a bustling cruise destination year-round, this vacation hub will be even busier as we head into the peak season for Caribbean cruising that lasts from December through April. Industry group Cruise Lines International Association (CLIA) reports that 100 percent of ships are projected to be back in service, and around 30 million passengers will have embarked on cruise vacations by the end of 2022. This return to normal is welcome to the cruise lines and employees, as well as for the guests that were eager to return to sailing.

Almost 7 million cruise ship passengers travel through Port Miami every year. This figure is not surprising since around 45% of all guests on ships worldwide are visiting the Caribbean and Bahamas. It is also not a shock to learn that accidents are common with the wide range of excursions, exciting adventures, and onboard activities. Results of a survey indicate that 1 in 10 passengers reports being hurt during a cruise.

Injuries can ruin your vacation, but they can also lead to significant physical, financial, and emotional losses. You should consult with a Miami cruise ship accident attorney right away to evaluate your legal remedies, as the statistics are disturbing.

Carnival Cruise Brawl: Cruise Line Liability for Violence

September 23, 2022 | by Gerson & Schwartz, P.A.

It does not take long for news to travel via social media, so videos of a recent brawl on a Carnival Cruise vacation started appearing on Twitter and TikTok even before the ship docked. An article in the Miami Herald covered the melee, which occurred on the Carnival Sunrise on September 9, 2022. According to witnesses, the altercation started with an argument over a chair at one of the ship’s many bars and quickly became violent. Various videos show individuals in bathing suits punching, beating, and kicking each other while others scream and attempt to break up the brawl.

Witnesses report that there seemed to be around 30 people involved in the fight. However, videos reveal that many onlookers may have suffered injuries from the brawlers or in attempts to get away. The story raises important questions about liability and the duty of cruise lines to keep passengers safe. You should discuss specific remedies with a Miami cruise ship accident lawyer, but a few legal points are helpful.

Cruise Ship Notice of Hazards

Leaving Your Child With Cruise Ship Child Care

July 18, 2022 | by Gerson & Schwartz, P.A.

There are certainly cruises targeting couples and adventure-seeking adults, but a large percentage of guests onboard ships are families with children under 18 years old. Statistics on cruise passenger demographics reveal that around 42% of parties include minors, and it is easy to see the attraction. Cruise vacations offer almost every activity under the sun, and there is something to do for passengers of all ages. The added bonus for parents: Many tour operators allow you to make arrangements for daycare, supervised activities, and babysitting.

However, there are always concerns when leaving your child with strangers. Just as you would at home, it is crucial to understand your options and do some research when dealing with cruise ship daycare services. There are dangers and risks that you may not expect, especially in unfamiliar territory. Retaining a Miami cruise ship injuries lawyer should be a priority if your child was hurt, but some basic information could help you reduce the threat of accidents.

Know Your Options

What are My Rights as an Injured Miami Cruise Ship Employee?

May 25, 2022 | by Gerson & Schwartz, P.A.

There is a popular misconception that working on a Miami cruise ship is a dream job, with crew members enjoying great weather, leading guests on fun excursions, and taking advantage of amazing amenities. In truth, cruise ship employees are exposed to significant hazards when performing job-related tasks. They work around heavy equipment and water attractions, all in a constantly moving environment made more dangerous by weather and rough seas. If you are a cruise ship employee who was hurt on the job, it is a comfort to know that you have legal options under the Jones Act, sometimes called Merchant Marine Act of 1920.

The Jones Act establishes a type of federal workers’ compensation system for employees who might not be covered by state laws, but the legal requirements and process are different. It is wise to retain a Miami cruise ship accident lawyer to ensure you receive fair monetary damages for your losses, since the concepts are complicated. However, some information about your rights may be helpful.

Overview of Remedies Under the Jones Act