cruise accident lawyer

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

Top Acquired Illnesses on Cruises that are NOT COVID-19

November 26, 2021 | by Gerson & Schwartz, P.A.

COVID-19 may have shut down the Miami cruise industry as it did much of the world in 2020, but sailings have returned to South Florida and demand remains sky high. NBC affiliate WPTV News Channel 5 recently reported that bookings are surging as vacationers feel comfortable embarking on cruises with mask mandates and sanitation measures in place.

However, while these policies may be effective in preventing the spread of COVID, there are numerous sources of outbreaks that remain problematic. The fact is that passengers are coming from diverse regions throughout the world, and then embarking upon a ship that includes many enclosed areas where crowds congregate. Any outbreak that develops can be sustained by crew members that remain on the vessel.

As a result, travelers must remain vigilant about all ailments that tend to stem from cruise vacations. The cruise companies are still responsible for maintaining a safe environment and protecting passengers. You should consult with a Miami cruise ship injuries lawyer right away if you or a member of your group contracted any of the following:

Seeking Damages for Soft Tissue Injuries on Cruise Ship Accidents

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

You could be at risk of soft tissue injuries going about your average day at home, so it stands to reason that you could suffer this type of trauma while enjoying an action-packed cruise vacation. Soft tissue injuries are quite common, as they can impact almost any muscle, muscle group, ligament, or tendon in the human body. Researchers at Johns Hopkins Medicine define numerous conditions in the category of soft tissue injuries, including:

Bruises;
Ligament sprains;

Sexual Assault on Miami Cruise Ship Vacations: Facts Victims Need to Know

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

Sexual assault is a serious problem in Miami and throughout the US, but you never expect such a tragic offense to affect your cruise vacation. Unfortunately, statistics from the US Department of Transportation reveal that rape, sexual battery, molestation, and related crimes are not just confined to land. According to a publication on Cruise Line Incident Reports, there are approximately 100 reports of sexual assault every year worldwide on cruises operated by some of the biggest, most reputable operators. Not only is your trip of a lifetime horrifically damaged, but you could experience long-term physical and emotional consequences.

If you or a loved one suffered sexual assault on a cruise vacation, you should make it a priority get in touch with a Miami cruise ship attorney right away to discuss your options. It may also be helpful to review a few facts about the legal process.

Issues with reporting paint a distorted view of sexual assault on cruises. On the one hand, victims are often reluctant to notify crew about these incidents; however, the cruise lines themselves are not always truthful about sexual assault to avoid a PR catastrophe. Because they are “flagged” in countries other than the US, particularly the Bahamas, Jamaica, and other Caribbean nations, they are not subject to our laws that require reporting. Together, these factors make it difficult to assess the risk of sexual assault on cruises.

How Common is Food Poisoning on Miami Cruises?

May 26, 2021 | by Gerson & Schwartz, P.A.

There can be no doubt that a highlight for many cruise guests is the food, featuring a range of culinary adventures from massive breakfast buffets and pizza on-demand to fine dining and late night snacks. You might not give a second thought to the sanitary practices regarding the preparation, presentation, and storage behind the scenes of your favorite dishes, but data reveals some safety concerns. According to the US Centers for Disease Control and Prevention (CDC), more than 21,600 passengers experience acute gastrointestinal illness and other food borne illnesses every year while traveling on cruises.

When compared to the millions of guests that do not get sick on cruises, this figure is relatively low. Still, a bout with food poisoning can completely ruin your vacation, and do not expect a quick, automatic refund from the cruise operator. It is critical to work with a Miami cruise ship lawyer to protect your interests and seek appropriate compensation for your losses. You might also benefit from reviewing a few basics about food borne illnesses on cruise vacations.

How Cruise Passengers May Contract Food Borne Illnesses