maritime law

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

Sexual Assaults on Cruise Ships

September 8, 2015 | by Gerson & Schwartz, P.A.

Recently, a passenger sued Carnival Cruise ship on account of suffering a sexual assault by an unidentified individual while using the ladies’ restroom in the ship and alleged that, in spite of reporting the incident to the support staff on the same day, no active measure was taken by the cruise ship crew or personnel. Our team of Miami cruise ship lawyers are not surprised. This brings to light the fact that sexual assaults on cruise ships are not uncommon at all.

What to Do if You are Sexually Assaulted on a Cruise Ship

If you and/or the perpetrator of a sexual assault is an American national and the ship sails from or to a U.S. port, then the FBI will have jurisdiction over the case. In other circumstances, it is more complicated to determine which agency—or even which country—has jurisdiction. The location of the vessel, the nationality of the perpetrator or victim, ownership of the vessel, the points of embarkation and debarkation, and the country in which the vessel is flagged may all have an effect on jurisdiction.

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.

Are Cruise Lines Living Up to Their Self-Adopted Passenger “Bill of Rights?

August 25, 2015 | by Gerson & Schwartz, P.A.

The Cruise Lines International Association (CLIA) self-adopted a “Bill of Rights” in May of 2013 in order to allegedly fulfill the commitments of care and comfort to all their onboard passengers on luxury cruises throughout the world. Our team of experienced Miami maritime lawyers were hopeful, yet skeptical, of such a self-regulating scheme in the cruise industry. Named the International Cruise Line Passenger Bill of Rights, cruise ship passengers were provided with numerous “rights” including:

The right to disembark a docked ship if essential provisions such as food, water, restroom facilities, and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.
The right to a full refund for a trip that is cancelled due to mechanical failures, or a partial refund for voyages that are terminated early due to those failures.

Crew Member Injuries on a Cruise Ship

August 12, 2015 | by Gerson & Schwartz, P.A.

If a crew member is hurt on the job while at sea, do they have to file a workers compensation claim? This is a question asked to our team of experienced Miami maritime lawyers quite often by injured cruise ship workers and their loved ones. The answer is that crew members do not use the traditional workers compensation system that land-based workers may access. The Merchant Marine Act of 1920, commonly known as the Jones Act, is a federal legislation that aims to protect seamen’s rights in cases of on-board accidents or death. Pursuant to this act, compensation can be claimed by a workman employed in a marine vessel when an injury is brought upon by the careless act of an employer or co-worker in course of his employment. Vessel owners can likewise be liable if the accident occurred due to dangerous conditions on the ship.

However, for sailors to acquire damages under the Jones Act, they must give adequate verification that they are, indeed, seamen. Federal courts have deciphered the term “sailor” to mean a person who is employed in a vessel or fleet that operates in waterways used for national or international commerce, or in other words, operates in navigable waters. As long as the person is engaged in some kind of work that is related with the vessel’s objective, the relative significance of the sailor’s expected set of job responsibilities is not critical.

The most common injuries incurred by crew members while on duty aboard a cruise liner are:

Criminal Acts at Sea

August 3, 2015 | by Gerson & Schwartz, P.A.

Cruise ships are not always about welcome drinks, sundecks, and romantic dinners under the moonlit night. There are, unfortunately, many serious crimes that can occur on board a cruise ship, no matter how secure you think you may be. Petty thefts, serious assaults, battery, and even rapes have been reported on cruise ships. In fact, over 950 cruise ship crimes were reported to the FBI between 2011 and 2012, and those are only the crimes that the FBI is aware of. Unfortunately, many crimes, especially sexual assaults, go unreported. Our team of Miami maritime lawyers are here to help and have handled many cases for victims of serious criminal acts while on board a cruise ship or other vessel.

Get Treatment, if Needed

If you or a loved one are the victim of a physical assault or rape by a fellow passenger or crew member, seek immediate medical attention. Cruise ships should have trained medical professionals on board to provide treatment. Be sure, once you return to land, to get copies of the medical records so you can provide them to the authorities and to your attorney. This will help established that the incident occurred if a claim is pursued against the cruise liner and/or an employee of the liner.

Cruise Ship Injuries Can Happen Any Time

July 28, 2015 | by Gerson & Schwartz, P.A.

Cruise ship accidents can happen anytime, anywhere, without any prior warning whatsoever. Take, for example, the recent incident involving the Royal Winner Princess II party cruise ship, which hit the Carolina Beach Wildlife Fishing Pier on July 11, 2015 injuring 15 passengers on board. At least two passengers had to be taken off in stretchers under emergency circumstances with neck braces. In spite of all the modern scientific technological advancements, human error accounts for more than eighty percent of cruise ship accidents, according to official reports from the U.S. Coast Guard. Loss of concentration often results in overlooking submerged obstacles lying ahead, like rocks or icebergs, and panicked manoeuvring the huge vessel at the last moment often proves fatal and overturns the ship altogether – injuring passengers on board. As experienced maritime lawyers, we want our readers to understand and be prepared for a serious cruise ship incident.

Important Steps Any Cruise Ship Accident Victim Needs to Take

If you or a loved one gets hurt while on a cruise ship, be sure to report the incident immediately to a crew member or other administrator (be sure to get their full name and contact information). Take photos, record videos, and get the names of any witnesses. You want to have documentation reflecting when and where the incident occurred. Once you have safely returned to land, a written notice of intent to file a claim according to the terms of your cruise ticket is necessary (a maritime lawyer can help with drafting and sending this letter).

Understanding the Jones Act and Your Legal Rights if Injured at Sea

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

The Merchant Marine Act of 1920, popularly dubbed as the Jones Act, is a federal law that aims to protect the rights of seamen in cases of on-board accidents or death. Pursuant to the Jones Act, compensation can be claimed by a workman employed on a marine vessel when an injury is brought upon by the careless act of an employer or co-worker in the course of his or her employment. Vessel owners can likewise be liable if an injury takes place owing to the dangerous conditions on the ship. Our team of experienced Miami maritime lawyers understand the Jones Act and want to ensure any injured seaman, or a loved one, has the information they need to determine whether they have a viable claim under this federal law.

Federal courts have deciphered the term “sailor” to mean a person who is employed in a vessel or fleet that operates in waterways used for national or international commerce, or in other words, operates in navigable waters. As long as the person is engaged in some kind of work that is related with the vessel’s objective, the relative significance of the sailor’s expected set of job responsibilities is not critical in order to assert a claim under the Jones Act.

If you suffer an injury while working on a vessel, take the following action:

What You Need to Know if You are in a Boat Incident in Florida

July 14, 2015 | by Gerson & Schwartz, P.A.

In 2013, there were 736 reported boating accidents in the state of Florida and over 60 of those accidents resulted in at least one death, according to the Florida Fish and Wildlife Conservation Commission. Furthermore, over 400 people suffered injuries in those 736 boat accidents. This is quite troubling to our team of Miami maritime lawyers. We want everyone to enjoy safe and memorable boating trips.

You may be asking yourself, “Why do so many accidents occur in Florida waters?” To be fair, Florida leads the nation in the total number of registered boats with nearly 900,000 on the books. Given the sheer volume of boaters, the risk of serious boating accidents rises.

Causes of Boat Accidents in Florida and Across the Country