Articles Tagged with negligence

A certain subset of the senior population enjoys going on cruises; every winter, legions of grandparents fly into Fort Lauderdale International Airport, board a shuttle bus to Port Everglades, and then sail away on a cruise ship to spend the harshest weeks of winter island hopping, lounging on the pool deck, or dancing in the ship’s ballroom. For seniors who have the good sense to retire to Florida, cruise ship adventures are within commuting distance, and even when they are at home on dry land, the weather is usually conducive to the kinds of activities that lead the elderly to seek out Caribbean cruises in the first place, such as walks on the beach, swimming, and mini golf. 

Several years ago, a healthy 85-year-old man set out on a cruise, but due to a medical error at the ship’s infirmary, he suffered a permanent decline in health. If you have suffered a serious injury because of a medical error at a cruise ship’s infirmary, contact a Miami cruise ship accident lawyer.

Previously Healthy Octogenarian Returns From Cruise as an Invalid

Though there is some competition from ports further north in Florida, data on cruise lines in Miami reveals that demand for vacations at sea remains high. Officials from PortMiami report that 4.02 million passengers boarded cruise ships in 2022, and the numbers are expected to increase in 2023. Part of the reason is being able to move more passengers efficiently and effectively through new, upgraded terminals funded by the cruise lines. Another factor is that cruise vacations are even more affordable than ever, with packages, perks, and discounts available to attract travelers. 

As passenger volume increases and cruise ships are able to accommodate thousands of guests, the risk of accidents is also on the rise. Onboard amenities and activities on a water-based vessel could lead to injuries, and the cruise line is liable in most cases for not keeping the ship safe. However, actions by a victim also play a role, so you should consult with a Miami cruise ship accident attorney about the effects on your rights. An overview is also useful.

How Comparative Negligence Works

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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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.

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.

A lawsuit based in maritime has been filed in the brutal beating of a cruise passenger that we mentioned on our blog a few weeks ago. With the filing of the lawsuit, the victim’s attorney has revealed the carelessness of the cruise line that contributed to the vicious attack. Our Florida maritime law firm is monitoring the case closely.

The Horrific Attack

The case stems from a  Holland America cruise ship passenger was brutally beaten by a Holland America employee, who apparently had a master key and used it to gain entry into the victim’s cabin. The employee tried to strangle the woman with a phone cord, smashed her with a laptop and other blunt objects, and even tried to throw her overboard. She was also sexually assaulted. At one point, her oxygen supply was completely cut off from the choking. The entire attack lasted about an hour, until the victim managed to escape the cabin into the hallway.

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