Articles Tagged with Miami cruise ship lawyer

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.

Our Florida Maritime Attorneys have dedicated their decades of experience to representing cruise ship passengers that are injured by the acts or omissions of the cruise ship industry and its employees. However, as this blog discussed last month, on occasion, it is one of the cruise ship’s crew that is injured by the negligence of a cruise company.

Generally, cruise ship crew members who are injured on the job are protected by the provisions of the “Jones Act,” as long as they fall under the legal definition of “seamen.” The Jones Act provides that a seaman that is injured as the result of the negligence of an employer or co-worker on a vessel may recover two different types of financial compensation from their employer known as “maintenance” and “cure” benefits. “Maintenance” requires the cruise line to continue paying a crew member wages in the event an on-the-job injury prevents the individual from being physically able to work, while “Cure” is the obligation of the cruise line to provide a crew member with medical care in the event an injury is sustained in the course of employment.

Recently, the protections offered to cruise crew members by the Jones Act have been threatened by proposed legislation, H.R. 4005. Introduced in the U.S. House of Representatives on February 6, 2014, H.R. 4005, entitled the “Coast Guard and Maritime Transportation Act of 2014”, for the most part, regulates various aspects of how the Coast Guard conducts its business.