cruise accident lawyer

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

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.