cruise accident lawyer

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

Search Suspended for Woman Who Went Overboard During Recent Cruise

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

On February 18, 2022, the US Coast Guard announced that it had reluctantly suspended the search for a woman who went overboard a Carnival cruise during an altercation with security. The Miami Herald covered the incident in a recent article, stating that the passenger had been involved in a heated exchange with another guest in the hot tub area on the ship’s 10th deck. Security guards were in the process of separating the pair and removing the woman from the area, when the victim broke free and went over the rail. Crew members immediately launched a response by throwing a life ring and conducting a search, which the Coast Guard eventually took over. After a meticulous search-and-rescue over 2,500 nautical miles, officials suspended their efforts.

There is no global authority on tracking these incidents, but some estimates indicate that more than 300 passengers have gone overboard since the early 2000s. This tragedy is a reminder about safety onboard, but it also raises multiple legal issues related to Miami cruise ship accidents. Some background information puts the incident into context.

Concerns and Questions About Passenger Overboard Incidents

How Miami Cruise Operators Handle Onboard Crime

January 28, 2022 | by Gerson & Schwartz, P.A.

When you board one of the enormous cruise ships that sail out of Miami and South Florida ports, you are essentially stepping onto a floating city. Unfortunately, this means the potential for criminal activity exists just as it does on land. The US Department of Transportation maintains a list of cruise line incident reports, and the good news is that most are related to public intoxication and crew swiftly diffuses conflict. However, sexual assault, violent attacks, theft, and related offenses are still a threat.

Cruise vessels have a wide array of amenities for passengers, but they are also equipped with much of the same infrastructure and personnel that you expect in a typical municipality. Despite efforts to establish safety initiatives and maintain skilled security staff, criminal activity is still a problem. You should consult with a Miami cruise ship accident lawyer if you suffered harm, though it is also useful to know how cruise operators handle onboard crime.

Investigations of Criminal Activity

What to Do if You are Injured in a Miami Cruise Ship Terminal

December 20, 2021 | by Gerson & Schwartz, P.A.

From slip and falls, food poisoning incidents, outbreaks, and shore excursion accidents, you are probably aware of the various ways people get hurt on cruises. However, you may not give much thought to the risks and hazards that cause injuries even before you set foot on the ship. In an average year, almost 5.6 million passengers depart Port Miami. The embarkation process can keep them in the terminal for a couple of hours as guests present cruise documents, show passports, and make arrangements for luggage. Negligence in maintaining port facilities, platforms, docks, and other public spaces can lead to injury-causing accidents.

It is still possible to recover compensation under Florida cruise accident laws when someone is hurt in the port, and these claims contain fewer legal hurdles as compared to being at sea. Retaining a Miami cruise ship accident lawyer is still essential to level the playing field, since you will be going up against a multinational company with a large budget for defending claims. Keeping this important task in mind, there are additional To-Dos if you were hurt in a cruise terminal or port facilities.

Seek Medical Care