Cruise Ship Injury Lawyer

Common-sense concepts applicable in land-based situations often differ based on historical principles of the law of the sea. Jurisdiction to file a claim or lawsuit for an incident on a foreign-flagged ship in international waters is often complex. Whether the country of origin of the passenger or crew member is relevant depends on multifaceted factual and legal issues. Likewise, the ticket contract, the vessel's flag state, and the injury victims' domicile may determine where a claim or lawsuit can be filed, making it essential to consult a skilled cruise ship attorney who understands these complex jurisdictional rules. Most cruise lines like Carnival, Royal Caribbean, Norwegian, Celebrity Cruise Line, and Princes, require injured passengers to file a personal injury lawsuit in federal court in Miami, Florida, regardless of the port of call or where the injury victim lives or resides. The same is true regardless of whether an injury occurs in foreign or international waters.

Cruise ships are growing in size every year. New ships come online every season. Passenger counts commonly exceed 5000 men, women, and children. Adding crew brings the total to 10,000 people in some cases. New safety challenges develop as the industry grows. These ships are literally floating cities that carry unique risks of harm and injury not found on land. They also bring many land-based dangers out to sea. There are no law enforcement officers on board. Medical services are limited. Other safety personnel are scarce. The cruise experience is glamorized to make passengers feel much safer than they really are. When a vacation experience turns into a disastrous tragedy, victims need legal advice and assistance. Our cruise ship injury lawyers are here to meet this need.

Gerson & Schwartz, cruise ship attorneys, have over 56 years of experience representing injured passengers and crew members from the United States and around the world. We specialize in representing victims for serious injury and death claims against all major cruise lines, including Carnival, Royal Caribbean (RCCL), Norwegian Cruise Lines (NCCL), Princess Cruises, Disney Cruise Lines, Holland America, Celebrity, Costa, Seabourn, Regent, Crystal, and other lesser-known vessels. We know what to do.

Time frames for filing a lawsuit are set by the cruise ticket contract for injured passengers or the employment agreement for injured crew members. The deadline to file a lawsuit typically ranges from one year from the date of the incident in some cases to three years if the injury victim is a minor child. Many passengers do not carefully read the fine print on the ticket contract. Recently, a copy was not even given to the passenger. A reference to an online posting of the terms and conditions is all that is provided. Cruise line companies don't just insert contractual provisions in passenger tickets to shorten the time injured people have to file a lawsuit to one year. Additionally, injured passengers are often required to provide written notice of their intention to pursue a legal claim. Sometimes, they have just six months to do so.

If the incident or event was not documented while onboard, failure to notify within this short time can bar a later timely lawsuit. These limitations leave little time for investigation to gather evidence and sort out legal issues. Victims must act quickly to retain qualified cruise ship injury lawyers to investigate the case, gather evidence, and analyze all potential legal issues. If the cruise line's negligence caused your injury, do not wait to contact an attorney. No client ever acts too soon. Unfortunately, some act too late.

If injured on a cruise, don't be fooled into thinking the cruise line is going to resolve your claim unless an experienced cruise ship lawyer in Florida represents you. Cruise line companies employ experienced attorneys, and so should you. Many ship operators will intentionally stall and delay to lead injury victims to believe they are going to resolve their case. Often, this is just a tactic since passenger accidents are subject to much shorter time constraints. These are called statutes of limitations. We urge all injury victims to contact our Miami, Florida law firm before their claim is time-barred.

Yes. Even though most cruise ship injuries occur in foreign waters, you still need to hire a cruise ship injury lawyer to file a lawsuit. Cruise ship injuries sustained in foreign waters or in foreign ports can also trigger legal issues over jurisdiction or the correct forum in which to file a lawsuit. Most injury victims don't realize that many cruise ship operators, like Carnival, Royal Caribbean, Celebrity Cruises, Norwegian, Princess, and Virgin Cruises, require injured passengers to file personal injury lawsuits in federal court in Miami, Florida. This means that only lawyers admitted to practice law in specific courthouses can represent you. Some cruise lines involving foreign passengers may require a lawsuit filed in other jurisdictions. Still, predominantly, the most cruise line operators require a lawsuit filed in the United States federal court in Miami.

Crew member injuries are handled separately under each crew member's employment contract. Excursion operators off the ship may also cause serious injury or death. When that happens, knowledge of the law of foreign nations becomes critical. Likewise, a network of corresponding attorneys in other countries may be necessary to timely perfect a claim.

Another trap for the unwary passenger is the practice of cruise line operators to make unknowing passengers sign waivers before participating in many shipboard activities. Our cruise ship injury attorneys can help you challenge these "blanket" waivers. We understand how they can be overcome and recognize when they may be given entitlement to compensation for your injuries.

Cruise lines are legally responsible for passenger safety based on principles of negligence. Negligence states we owe a duty of care to others. Negligent acts of parties with some relationship to the ship typically cause cruise ship injuries. The general maritime law, as established by the United States Supreme Court, holds that cruise ship companies owe a legal duty to passengers to act with reasonable care under the circumstances. Any person, from the captain to all ship personnel, including the quartermaster, deck hand, safety officer, housekeeper, or other crew member, can be negligent, causing serious, catastrophic, or life-changing injuries to passengers and, in some cases.

Likewise, other passengers who are not carefully controlled can cause harm that lasts a lifetime. If so, cruise line operators are often vicariously liable for negligence and obligated to pay damages to compensate for the harm and losses.

The meaning of reasonable care under federal maritime law depends on circumstances. What is reasonable care is not always clear. Nevertheless, a few generalizations can be made. Cruise lines are required to maintain their vessels and common areas free from slip, trip, and fall hazards. Reasonable care also includes maintaining ship equipment in good working order and providing safe access to and from the vessel. Reasonable care also includes providing necessary safety and security measures to protect passengers from a foreseeable risk of harm. Appropriate warnings about known but concealed hazards are required by law.

• Has this happened before? If so, how many times?
• Is there an ongoing problem with this ship or vessel?
• Was the cruise line aware of a danger, or should they have known of a particular risk of harm?
• Did a crew member act carelessly, creating a dangerous condition?

Other common examples of cruise line negligence include failing to warn about or correct a dangerous condition. Negligence can also be established by proving that an inexperienced or inadequately trained crew member failed to follow recognized safety standards or corporate policies and procedures, resulting in serious injuries. Sometimes, dangerous and defective equipment is not replaced or repaired. In these cases, a cruise ship injury lawyer can help identify liability and pursue compensation on behalf of the injured passenger or crew member.

Cruise ships, by design, may also present a variety of dangers. Some vessels are built with inadequate flooring or are built or refurbished with inherently slippery floor surfaces. At other times, a ship may become hazardous due to wear and tear or expose passengers to tripping hazards, such as uneven flooring. Passengers may also become injured by taking part in dangerous shipboard-endorsed activities like rock climbing, simulated surfing, or be injured on water slides, and during other ship-endorsed activities. Every year, these highly competitive companies introduce new amusements, which often come with inherent risks that have not been adequately vetted for the safety needed protection.

The most common accidents are slips and falls due to wet or foreign substances on decks, dance floors, and stairwells, as well as in other high-traffic common areas, such as open decks, restaurants, and other passageways like ship gangways. Others may be injured due to inadequate medical care or be on dangerous shore excursions. Cruise ship companies may also be subject to civil liability resulting from criminal acts by passengers and are strictly liable for criminal acts such as rape or sexual assault committed by members of the cruise ship staff.

Dealing with a serious cruise ship injury is overwhelming for victims and their families. In such moments, understanding your legal rights and securing the services of a skilled attorney is crucial. At Gerson & Schwartz, we bring over 50 years of experience handling catastrophic injury and wrongful death claims arising from cruise ship accidents. Our firm is widely respected in the legal community, and we collaborate with top experts in maritime law, medicine, mental health, engineering, accident reconstruction, rehabilitation, security, and economics to present strong and compelling cases in court.

As the cruise industry continues to expand, so does the risk of serious accidents. Our mission is to hold negligent cruise lines accountable, and help injured passengers and crew members recover the compensation they deserve. Our cruise ship injury attorneys at Gerson & Schwartz are licensed to practice in all Florida state and federal courts, including the United States District Court for the Southern District of Florida. We are committed to delivering the highest quality representation and ensuring that our clients receive the support they need to move forward after a devastating injury.

If you’ve been hurt on a cruise ship, knowing the steps to take right away is critical to protecting your rights. An experienced cruise ship injury lawyer can guide you through this process, but the sooner you act, the stronger your case will be.

• Report the accident or incident immediately to the ship's safety and security officer or other crew members. Ask for a copy of your report and statement before you leave the boat.
• Obtain any names of personnel who assisted you and request a copy of any documents they ask you to fill out. Be careful what you say and what you sign.
• Send written notice of your intent to file a claim in accordance with the time limitations stated in the cruise ticket.
• Take as many photos and/videos of the accident scene as possible to document the conditions. Cruise lines are notorious for destroying evidence.
• Obtain the names and contact information of passengers or crew members who witnessed the accident or have knowledge of the circumstances.
• Obtain written statements from any potential witnesses from a foreign land.
• Notify and report to law enforcement or the FBI if a serious crime, such as rape or sexual assault, has been committed.
• Seek immediate medical help in the ship's infirmary and off the ship as soon as practical.
• Contact an experienced cruise ship accident or maritime lawyer at Gerson and Schwartz, PA.
• Call us toll-free anytime for advice, even before you leave the ship.

Common cruise ship injuries are slip and fall injuries, trip and fall injuries, water slide accidents, injuries due to defective ship equipment, negligent acts by crew members, medical negligence, sexual assault-related injuries, excursion accidents, catastrophic injuries, and, in some cases, wrongful death.

Yes, in many cases. Cruise lines may be liable for inadequate medical care, including failing to diagnose, delays in medical care, and other medical practices by onboard doctors or nurses, though these claims involve complex maritime law.

Compensatory damages are typically available for passenger injury claims and money damages as compensation for pain and suffering, medical bills and expenses, future medical care costs, lost wages, loss of earning capacity, scarring, disfigurement, emotional and psychological harm, and, in some cases, punitive damages.

At firms like Gerson & Schwartz, all injury cases are handled on a contingency fee basis, meaning there is no cost to start, and attorney fees are collected only if you win, making it risk-free for injured cruise passengers and crew members.

Yes. Injured crew members may have rights to sue for personal injuries. Relief and claims are usually based on their employment contract, which may include injury claims under the Jones Act and general maritime law, as well as claims under their collective bargaining agreement to recover for negligence, unseaworthiness, and maintenance and cure benefits.