Articles Tagged with cruise injury lawyer

A Florida court recently heard an appeal in a cruise ship personal injury case. However, rather than the more common personal injury case brought by a passenger, this case was being brought by a gentleman who was working under contract to conduct art auctions on cruise ships. A Serbian national and resident, the plaintiff brought the suit against the company he was working for, alleging that he injured his back while working. He initially filed the suit with the Miami-Dade circuit court, but the court dismissed the case pursuant to a mandatory forum selection clause.

Relevant to the case at hand, the forum selection clause stated that all legal proceedings, brought by either party, relating to the contract were to be brought in the Turks and Caicos Islands, except that the defendant company could sue in other forums if it was in pursuit of obtaining an injunction as related to the confidentiality and non-compete provisions of the contract.

On appeal, the court found the mandatory forum selection clause passed the legal test as being valid and enforceable because it did not believe that the forum was unjust and unreasonable so as to constitute no forum at all. Specifically, the court found that because the Turks and Caicos Islands are a British Territory and are thus a part of the British common law system, therefore any necessary appeals would come to the highest courts of the United Kingdom. The court stated its opinion that these courts were certainly capable of reviewing the relevant evidence and determining the applicability of relevant law. Thus, it did not find that the courts constituted “no forum at all.”

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The Celebrity Solstice ship has reportedly been dealing with a series of Norovirus outbreaks, according to reports and a recent passenger’s statement. The passenger stated that he and his wife had been informed of the prior outbreak of the gastrointestinal virus after their ship left the Sydney port for Auckland. The passenger claims that it was not until the ship left Melbourne that the captain announced to passengers that an earlier cruise had an outbreak of the Norovirus, and informed guests to take extra sanitary precautions such as extensive hand washing and using hand sanitizer.

In a statement, Celebrity Cruises reportedly confirmed cases of the illness in passengers and crew, and claimed that it had sent a text message about the outbreak in informing passengers that it would need additional time to clean the ship.

Norovirus can be transmitted through infected food or water, by personal contact, or with contact with a surface that has been contaminated.

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Passengers who book cruises for pleasure sometimes reach an unwanted destination. Our  Miami cruise ship injury attorneys review numerous cases where lines do not meet the standard of care they owe to their passengers or adequately meet the challenges of unexpected mechanical problems or weather.

We recently learned about an intended  pleasure cruise in Great Britain where 400 passengers battled seasickness for six hours while the craft confronted horrendous weather conditions. According to reports, the sick passengers engaged in a near mutiny as the craft underwent tilting and tipping in rough seas.

Pleasure cruise faces choppy seas

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