cruise ship accident attorneys Florida

How Overserving on Miami Cruises Puts All Passengers at Risk of Injuries

April 29, 2022 | by Gerson & Schwartz, P.A.

When you are enjoying cocktails at a bar or at home, you know the effects of alcohol. After just a drink, blood alcohol concentration (BAC) rises and there are impacts on the human body. Reflexes are slow and delayed, speech is slurred, and vision becomes blurry. A few more beverages, and the individual may become belligerent, lose muscle coordination, and pass out. Obviously, alcohol has the same effects when you are on a Miami cruise. However, there are certain unique factors that put passengers at a higher risk compared to imbibing around home.

Cruise operators know guests like to cut loose on vacation, but they still have a duty to ensure responsible alcohol service. Being overserved puts you at risk, while other drunken passengers could be a threat to you and your family when you are entirely sober. It is wise to discuss your legal options with a Miami cruise ship accident lawyer if you suffered injuries, since you may qualify to recover compensation for your losses. An overview of the dangers of overserving cruise guests is also useful.

Risks of Alcohol Impairment on Cruises

Florida Court Upholds Forum Selection Clause in Cruise Personal Injury Case

November 22, 2017 | by Gerson & Schwartz, P.A.

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.”

Recent Cruise Vacation Ends In Tragedy For One Family

November 28, 2016 | by Gerson & Schwartz, P.A.

A cruise to the Great Barrier Reef in Australia turned tragic earlier this year when a 79-year old grandmother died in her stateroom. The woman’s death has sparked a controversy as to where the blame lies for her demise. The family of the deceased grandmother contends that the cruise line P & O is to blame for a gastroenteritis infection as the potential cause of death. The woman’s family alleges that she contracted the illness on board. However, he cruise line has defended the allegation by claiming that the woman was sick before boarding the vessel.

According to news reports, the now deceased grandmother embarked on a ten-day journey with her daughter and grandson. This voyage was the 79-year old’s seventh cruise in the last ten years. The elderly woman’s family reported her to be in good health, good spirits and looking forward to the trip with great anticipation because the cruise line upgraded her stateroom. The woman fell ill soon after the tour began and she sought help from the ship’s doctors. Reportedly, the medical staff informed her that she probably brought the illness on board with her. The cruise line adamantly denied she contracted the illness from an outbreak on board. Notwithstanding, the grandmother’s daughter, and grandson also took sick during the journey. The daughter and grandson did not share a stateroom with their relative. Coroners will perform an autopsy to determine the cause of death.

P & O cruise line defended its position. P & O claimed that the authorities in Australia stated that the woman died of natural causes while on board. The cruise line stated that it had no information about an outbreak of an infection on board. Queensland authorities second that claim. They said that gastroenteritis is not a disease about which a cruise line must warn its passengers. Despite the ship’s claim, additional news reports indicate that several other passengers took sick during the voyage, including one individual who required an emergency medical evacuation. Family members of the deceased told an Australian news agency that many other passengers could not wait to get off of the ship because of the illness. If you became ill or was injured while on a cruise ship, our Florida cruise ship injury attorneys can investigate whether or not there is any legal responsibility to warrant pursuing a personal injury claim.

Cruise Line Liability for Injuries Caused by Severe Weather Conditions

September 27, 2016 | by Gerson & Schwartz, P.A.

Cruise Line Liability for Injuries and Severe Weather Conditions

We like to think that for the most part, cruising is safe. However, with any type of transportation, automobile, railroad, plane, or cruise ship—accidents may happen. When the negligence of the cruise ship operator, staff captain lead to injuries, the cruise line may be liable. Experienced cruise ship injury attorneys in Miami, Florida help these victims obtain the maximum compensation available under the law.

Most cruise lines sail all year long even during hurricane season. Our firm has represented cruise ship passengers in situations where severe weather was in the immediate forecast. For instance, during hurricane season, cruise line operators still decide to stay the course and thinking they can out run, or maneuver around some of these storms. Some cruise ship captains have testified that the cruise ship is made to withstand extreme weather conditions. But are cruise ship passengers? Probably not. Cruise line officials should monitor weather conditions to ensure their passengers will be safe during their cruises. If it appears that inclement weather, high seas, or winds may compromise the safety of cruise passengers, the cruise should be rerouted to avoid the storm. Perhaps not even depart from port. If a storm arises after a cruise has embarked, the captain must determine what reasonable steps should be taken.

Carnival Cruise Lines’ Triumph Passengers Appear In Court For Lawsuit

March 5, 2014 | by Gerson & Schwartz, P.A.

Yesterday, our Florida cruise ship accident lawyers reviewed a South Florida news outlet NBC 6 story reporting that a group of passengers that traveled on the now-infamous Carnival Triumph last year have appeared for the first time in court with regard to their lawsuit filed against the cruise line.

According to the lawsuit, these passengers are suffering from post-traumatic stress disorder from being stranded aboard the Triumph in February of last year after a fire knocked out the ship’s power. The ship drifted for four day without air conditioning, and limited lights, water, food and working toilets, before it was towed to Mobile, Alabama. Several dozen of the ship’s more than 3,000 passengers are participating in the civil suit, which refers to the Triumph as “a floating toilet, a floating Petri dish, a floating hell.”

Carnival initially moved to dismiss the suit, arguing that the passengers’ tickets clearly state passengers cannot file class actions. Judge Donald Graham overruled Carnival’s motion, opining that, although the ship ticket does not actually guarantee a seaworthy vessel, good food and sanitary conditions, Carnival was negligent in maintaining the equipment that caught fire.