Miami Personal Injury Lawyer Blog
You might be familiar with how waivers work, and understanding them is important if you’re going on a cruise vacation. The legal definition of a waiver is the intentional surrender of a recognized right or privilege. Miami cruise lines often use injury waivers to limit their liability, but these waivers do not always hold up in court. Florida law may still allow you to sue for negligence—even if you signed one. Know your rights before accepting denial.
For this reason, it is critical to consult with a Miami cruise ship accident lawyer if you were hurt and have concerns about your rights.
How Injury Waivers Protect Cruise Ships – NOT Passengers
These waivers are designed to protect the cruise lines—not you. The fine print often limits the cruise company’s liability for accidents, even those caused by crew negligence. Passengers may mistakenly believe that signing a waiver gives up all rights to legal action. In reality, these contracts are heavily slanted in favor of the cruise line and can discourage victims from seeking fair compensation after being injured during a cruise.
Can You Sue a Cruise Line in Miami if You Signed an Injury Waiver?
Yes, you can often sue a cruise line in Miami even if you signed an injury waiver. Courts in Florida do not automatically enforce every waiver, especially if it attempts to release a company from liability for negligence. Injury claims filed in Miami may succeed if the cruise ship failed to follow safety protocols or created hazardous conditions. Maritime law and local courts recognize that many passengers are unaware of their rights.
Common Cruise Ship Injuries Covered by Florida Maritime Law
Florida maritime law protects cruise ship passengers who suffer injuries due to unsafe conditions or negligence. Some of the most common cruise ship injuries include:
- Slips on wet decks
- Falls on stairways
- Food poisoning
- Injuries during shore excursions
If your cruise departed from Miami, your case may fall under Florida’s jurisdiction. Even if a waiver was signed, these injuries may still be legally actionable. Cruise lines have a duty to maintain safe conditions, and failure to do so can lead to financial responsibility.
How a Miami Cruise Injury Lawyer Can Challenge a Waiver
An experienced Miami cruise injury lawyer can help challenge the validity of your injury waiver. Lawyers often examine the waiver’s language, how it was presented, and whether it complies with Florida and federal maritime laws. A waiver may not hold up in court if it is:
- Vague
- Deceptive
- Violates public policy
An attorney can also gather evidence showing that the cruise line acted negligently.
Discuss Your Rights with Our Miami Cruise Accident Attorneys
Cruise lines would like to keep you in the dark about your rights regarding injury waivers, so taking tough legal action is often critical. The attorneys at Gerson & Schwartz, PA, have decades of experience holding cruise lines accountable for passenger injuries. With offices in Miami, Fort Lauderdale, and West Palm Beach, we’re ready to help. Visit our website or call (305) 371-6000 to schedule your free consultation today.
