Cruise Ship Accident

When you take a cruise, you expect your basic needs and safety to be handled by expert staff. But if the cruise line is neglectful, you may suffer an injury, or worse.

Maritime laws, which combine state law, federal law, and international treaties, depending on the route of the cruise ship, can be hard to navigate. That’s why it’s important to work with an experienced lawyer (and as soon as possible) after sustaining an injury in a cruise ship accident.

Understanding the Complexities of Cruise Ship Laws

Even though both you and the cruise ship may originate in the same country, there’s a chance you’ll have to abide by a different set of laws. For example, if you sustain an injury in international waters, or if you’re on the ship in some other country, you may have to consider the possibility of working in another court system.

Additionally, you should be aware that the statute of limitations for claims on cruise ships may be shorter than other claims. Accordingly, it’s important to start working with a lawyer as soon as possible after the incident.

Choice of Venue

Most, if not all, Cruise Ship companies have provisions in the contracts that require passengers to file any claim in Federal Court. Specifically, in the United States District Court, Southern District of Florida. Moreover, the attorney representing you is required to be admitted to practice in Federal Court.

Cruise Ship Accident Victims

Victims of cruise ship accidents can be either passengers or crew members. Either way, the cruise ship company may be liable for the damages. For example, if a cruise ship capsizes or crashes due to known mechanical issues, both the staff members and passengers may be entitled to compensation.

Reasonable Care on a Cruise Ship

Cruise ships, like most other companies and organizations, are required to exercise “reasonable care” for their customers. When onboard a cruise ship, the cruise ship is responsible for ensuring your safety and minimizing potential harm.

Reasonable care can be breached in a number of different ways, including:

Mechanical or navigation issues

Cruise ships are complex vessels, but passengers should be able to expect them to be operated effectively. If there are navigation issues, mechanical issues, or other preventable issues, it could lead to a crash, a capsize, or another major problem. These incidents can lead to injuries for almost everyone onboard.

Slip and fall accidents

If the cruise ship is poorly manufactured, or if there are maintenance issues that have yet to be addressed, it could lead to a slip, trip, or fall accident. If the cruise ship should have prevented this, it’s considered neglect.

Improper warnings

Certain cruise ship features should come with adequate posted warnings, and instructions for use. For example, it there are onboard pools or water slides, there should be posted warnings about how they can be used.

Defective or missing equipment

Cruise ships are generally expected to have safety equipment onboard, including adequate medical supplies to treat injuries and specific conditions. If this equipment is missing or defective, it’s considered neglect.

Criminal acts by other passengers

Cruise ships must also have security measures in place to ensure the safety of passengers. If you’re assaulted by another passenger due to a lack of security, you may be entitled to compensation.

If any of these violations of reasonable care are breached, resulting in death or injury, the cruise ship may be forced to pay the victims.

Complicating Factors for Cruise Ship Accidents

The amount of money paid by the cruise ship may change based on several variables, including:

The extent of the damages

More severe cases are understandably associated with higher levels of compensation.

The degree of neglect

In some cases, cruise ship staff do everything in their power to prevent an accident. In others, they seriously breach their responsibilities.

Past patterns of behavior

Has this type of accident happened on this cruise ship before? Courts tend to be easier on first-time offenders, and much harsher on repeat offenders.

If you’ve been the victim of a cruise ship accident, or if you sustained harm due to the neglect of a cruise ship company, contact Manny Arce for a free consultation. We’ll work with you to ensure you get the compensation you deserve.

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