cruise ship

Child Falls From Ship in Tragic Miami Port Cruise Accident

October 25, 2017 | by Gerson & Schwartz, P.A.

According to the Miami Dade Police Department and various news sources, earlier this month an eight year old girl fell two stories from an interior deck on the Carnival Glory cruise ship while the boat was docked at PortMiami. Sources reported that the child, from the Bahamas, was on the ship cruising with her family.

The little girl had reportedly been waiting to disembark with her family, and was standing near a railing with her little brother when she fell. The girl was then taken to the ship’s medical center before being transferred to a hospital where she died.

A spokesperson for Carnival stated that the fall appeared to be an accident, and that the railing where the girl was standing was believed to have been 47 inches high. It is unclear from the statement whether the railing failed, the girl somehow fell over or through the railing, or something else happened that pushed the child over the ledge. In any event, it is an unfortunate tragedy.

Lawsuits Against Cruise Lines

March 25, 2016 | by Gerson & Schwartz, P.A.

Are you contemplating suing a particular cruise line? These suits are not uncommon. Recently, a group of 33 Carnival passengers sued Carnival Cruise Lines for damages after an engine fire left the cruise ship adrift for five days. The affected passengers asked the company to pay $5,000 per month for the remainder of their lives for mental anguish and medical expenses. Their cruise ship, after suffering an engine fire, was left without power, air conditioning, and operating toilets. A federal judge in Florida heard arguments from each side. Said judge found that the cruise line was negligent for the engine fire and awarded damages to the class.

There are countless reasons why you may wish to sue a cruise line. Maybe you were injured on the ship or suffered sickness from undercooked cruise ship food. Or maybe you were the victim of a crime on the ship due to lack of security measures. Or maybe the suspect was actually a crewmember! It is important that you consult your cruise ticket. This is because cruise lines inoculate themselves against passenger lawsuits by printing stringent terms on their tickets that require passengers to waive their right to a class action lawsuit.

Whatever the reason may be for your desired lawsuit, the process of taking action against a cruise line is quite complex. It is therefore highly advisable that you retain an experienced maritime attorney like the ones found at Gerson & Schwartz PA. We know the relevant laws and have over 80 combined years of representing cruise ship passengers and crewmembers that are injured.

Suit Against Cruise Line for Traveling into Hurricane

February 19, 2016 | by Gerson & Schwartz, P.A.

On February 6, 2016, nearly 4,500 passengers boarded Royal Caribbean Cruises’ Anthem of the Seas and departed on a trip to the Florida and the Bahamas. Unfortunately, a severe storm began the next day. Said storm was accompanied by wind gusts of up to 120 miles-per-hour and about 40-foot tall waves! Due to the severity of the storm, the ship’s captain ordered everyone to remain in their rooms. One passenger, Mr. Simpson, brought a negligence lawsuit against the cruise line. Mr. Simpson alleges that the captain of the cruise ship had knowledge of the approaching storm and neglected the safety of the passengers. The captain negligently opted to sail through a hurricane. During the hurricane, the ship shook so violently that Mr. Simpson was thrown 18 feet across his room. He sustained a concussion, a bruise on his left eye, an injured wrist and pains and bruising on his torso, ribs, and neck. Mr. Simpson now seeks to recover damages in physical injury, physical pain and suffering, impairment and economic insecurity.

What to Do if You Suffer an Injury on a Cruise Ship

First of all, please be advised that you must act quickly if you or your loved one suffers an injury at the fault of a cruise line. As a matter of fact, at the moment you purchase your cruise ship ticket, you are entering into a binding contract with the cruise line. This particular contract, once in writing, specifies how long you have to file a lawsuit if you are injured, for example. What is noteworthy is that this time limit can be as short as six months to one year. For this reason, it is imperative that you retain an experienced maritime lawyer as soon as possible to begin working on your case.

$21.5 Million Verdict Against Holland America Cruise Line for a Faulty Door

December 11, 2015 | by Gerson & Schwartz, P.A.

A US District Court in Seattle awarded $21.5 million in damages to a man from Illinois who suffered injuries from a faulty door on a Holland America cruise ship. The man received a minor brain injury after a sliding glass door closed on his head. The sum was awarded by a unanimous decision by a jury after a nine day trial. If you were injured or lost a loved one aboard a cruise ship, consider contacting a Miami Cruise Ship Accident Attorney.

The attorneys for the injured man were able to provide evidence to the court that other passengers had been similarly injured by sliding glass doors in multiple Holland America cruise ships. Faulty sensor settings on the door allegedly are what contributed to these accidents.

The Illinois man was traveling with his family on a 280-day world cruise aboard Holland America’s Pacific fleet flagship, the M/S Amsterdam. The ship was in open water, approaching Hawaii, when the man followed cruise ship employees through the sliding glass door, which automatically closed when the man was half way through, striking him in the side of the head and face. Holland America argued in court that the man had walked into the closing doors and that the doors did not close on him. The closing doors gave the man a facial contusion, concussion and chipped tooth. Despite his injuries the man was still able to finish the entire cruise journey.

FBI Investigating Falling Death of Woman on Miami Cruise Ship

November 20, 2015 | by Gerson & Schwartz, P.A.

The FBI is investigating the death of a South Carolina woman after she fell from the deck of a cruise ship into the ocean off the coast of Cuba and was not found by the coast guard and cruise ship personnel. The Norwegian Cruise Line vessel was on a course from Miami to Cozumel, Mexico when the accident occurred. Authorities searched over 600 nautical miles for the woman before giving up search and rescue efforts. The FBI was called in to determine if there was any foul play or negligence that could have caused the incident. If you were hurt or lost a loved one aboard a cruise ship contact a Miami Cruise Ship Accident Attorney.

Can the Cruise Line be Held Responsible?

While not all the facts regarding this case have been discovered, could cruise liners hypothetically be responsible in these types of situations? In most cases, cruise ships are considered “common carriers,” which means that they have a responsibility to their passengers beyond just reasonable care. Cruise liners must take a very high degree of precaution to prevent injury or deaths aboard their ships and failure to do so could land them with a personal injury or wrongful death suit.

Cruise Ship Death Remains a Mystery

October 16, 2015 | by Gerson & Schwartz, P.A.

Wendy Lewis was enjoying a trip with her husband on the 650-foot luxury cruise ship Seabourn Quest. Unfortunately, reports indicate that Mrs. Lewis fell from the cruise ship and died. Her body was discovered in the waters of Cape Ann. Our team of cruise ship wrongful death lawyers are deeply saddened to read about another life lost on a cruise ship. To make matters worse, her death certificate states that the cause of her death remains “pending,” according to the Gloucester Times.

The FBI continues to investigate the tragic death of Mrs. Lewis. Kristen Setera, speaking for the FBI, stated that the case remains an “ongoing investigation,” and that Agency continues to have “no comment at this time” regarding the woman’s identity or the circumstances of her tragic passing.

The Larger the Cruise Ship, the Larger the Mystery

Cruise Ship Industry: The Wild West of the Sea

October 10, 2015 | by Gerson & Schwartz, P.A.

When you fly on a commercial airplane, you have an expectation that the airline has met specific safety regulations. The same goes for a trip on an Amtrak train. However, such an expectation is absent, or at least should be, when you purchase a ticket on a cruise ship. Why? Because the cruise ship industry is an unregulated industry. This is extremely concerning to our team of cruise ship injury attorneys.

International Waters: Free For All

When a cruise ship visits a U.S. port, it must meet some regulations and is subject to inspection by the U.S. Coast Guard. However, if you are taking a cruise that goes into international waters (e.g., cruise voyages to the Bahamas, the Caribbean, etc.) only the International Maritime Organization (IMO) has authority over safety and operational standards. The IMO is part of the United Nations and generally does not exercise strict regulatory oversight. In fact, the IMO has never ordered the docking of multiple ships based on safety concerns and it is unclear that it even has that authority, according to The San Francisco Chronicle.

Delay in Care – A Major Risk with Cruise Ship Injuries

September 22, 2015 | by Gerson & Schwartz, P.A.

A 24-year-old woman fell and suffered serious head trauma while aboard a Carnival Victory cruise ship. News reports indicate that she is now fighting for her life and may be paralyzed unable to ever walk again. Our team of Miami cruise ship injury lawyers are shocked and saddened by this news report. It begs the question – could this traumatic injury have been prevented?

The details about what exactly caused the passenger to fall on the cruise ship remains a mystery, as of the date of this posting. However, what we do know is shocking. The young woman reportedly hit her head hard, but was not taken off the cruise ship through medevac to the hospital for six to eight hours, according to MyFoxBoston.com. In that six-to-eight hour delay, she suffered multiple strokes.

A delay of that length is wholly unacceptable. Why she was not medevacced immediately upon

Arbitration Clauses – The Secret Weapon Used by Cruise Lines to Circumvent the Seventh Amendment

September 17, 2015 | by Gerson & Schwartz, P.A.

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Cruise liners spend millions of dollars on advertising aimed at the “passenger experience” and portraying the cruise experience as one where your enjoyment and safety are paramount. What they do not tell you is the lengths to which they have gone to protect themselves from potential civil liability if an accident, attack, or other terrible incident occurs on their ship. If you or a loved one is seriously hurt on a cruise, our team of Miami cruise ship injury lawyers has some sobering news: The fine print hidden on the back of a cruise ticket, written in such small font so as to avoid practically anyone’s notice, protects most cruise liners from responsibility for their carelessness.

Limitations on Your Seventh Amendment Right to a Jury Trial

Passenger Drowning at Sea – Understanding Your Rights

September 2, 2015 | by Gerson & Schwartz, P.A.

The Marine Accident Investigation Branch of UK Government (MAIB) recently published a report about the drowning of a 29-year-old female passenger in a swimming pool on board Sapphire Princess in the East China Sea. The victim was found floating face down in a swimming pool on board the Sapphire Princess. Despite rescue and resuscitation attempts by passengers and crew, the victim did not survive. In their report, MAIB concluded that the mere usage of a notice board expressing that lifeguards were not on duty and persons using the pools should do so at their own risk was inadequate and failed to sufficiently raise awareness among the passengers about the risks of unsupervised swimming. Our team of Miami cruise ship accident lawyers were saddened to hear about this awful incident when it occurred, but we are not surprised by the MAIB’s findings.

Serious safety issues were also noted by the MAIB team during their investigation, and officials specifically noted that:

With no dedicated pool attendants it was left to pool users and bystanders to recognize an emergency and raise an alarm.