Cruise Ship Injury Lawyer

If you are injured on a cruise ship you need legal help from experienced lawyers whether you are a passenger or crew member. Maritime laws, consisting of both state and federal statutes, international treaties, and agreements between governments made through the United Nations govern cruise ship liabilities for injuries and death claims at sea. Common sense concepts applicable in land based situations are often different based on historic principles of the law of the seas. 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 crewman is relevant depends on multi-factorial factual and legal issues. Likewise, the flag state domicile of the vessel often impacts the determination of where a claim or lawsuit can be filed. The "contract of carriage" (ticket contract or employment contract) often limits where victim's rights can be enforced. Statutes of limitations are also much shorter, usually just one year from the incident for passenger lawsuits. Injured passengers are also required under the passenger ticket contract to provide written notice to the cruise line within six months from injury date. Complex legal issues both procedural and substantive differ significantly from common state tort laws. Admiralty and maritime laws of a foreign state law may apply even though the cruise company and the victim are based in the United States or abroad. That is why it is essential to consult experienced cruise ship lawyers in Florida at the soonest possible time to evaluate the facts and the law that apply.
Gerson and Schwartz is one of the nation’s top-rated cruise ship injury law firms evidenced by peer reviewed lawyer publications including “Best Law Firms” US News and World Report, for admiralty and maritime law, “Best Lawyers” in America and Super Lawyers. Our cruise ship attorneys are also AV rated by Martindale-Hubbell and hold a 10.0 rating on Justia. Our firm successes and positive client experiences are well documented by many 5-star Google reviews which reflect our hard work, commitment, and the trust our clients place in us when their lives have been changed due to negligent cruise lines.
Experience Representing Injured Cruise Ship Passengers and Crew Members
Cruise ships are growing in size every year. New ships come on line 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 which 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 as if they are much safer than they really are. When the vacation experience turns to disastrous tragedy victims need legal advice and help. We are here to meet this need.
Gerson & Schwartz, PA cruise ship attorneys have over 50 years' experience representing injured passengers and crew members from the United States and across the world. We specialize 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.
If you or a loved one were injured on a cruise ship don't wait. Our Florida cruise ship accident lawyers will fight to enforce your legal rights. We will bring your case to trial if a fair settlement offer is not made. Your case will be tried quickly in court if we are your lawyers.
What Should I Do if Injured on a Cruise Ship?If you are injured on a cruise report the incident immediately to ship personnel and request a written incident report. Seek medical care at the ship's medical center and don’t refuse treatment in the ship medical center even if payment is requested. Prompt medical care protects both your well-being and triggers a shipboard investigation. Document everything by taking photos or videos of the scene, preserve footwear and identifying other passenger eyewitnesses. Once you return home, get prompt medical care regardless of what the ship doctor told you. Because cruise claims involve strict deadlines, contact an experienced cruise ship injury lawyer as soon as possible. You can never act too soon. Some act too late.
What Deadlines Apply to Cruise Ship Injury Claims?Most passenger ticket contracts require written notice to the cruise line within 6 months and filing a lawsuit within (1) one year from the date of incident. Exceptions apply for minors. Deadlines are strictly enforced and failure to comply will result in your legal claim being time barred. Confirm your cruise ticket's terms immediately.
Where Do You File a Cruise Ship Injury Lawsuit?Most major cruise line tickets such as Carnival, Royal Caribbean, Norwegian, MSC Cruises, Princess and Celebrity Cruises require lawsuits to be filed in federal court in Miami, Florida. The contract's forum clause usually controls venue and are generally upheld as enforceable by the United States Supreme Court.
Which Law Applies if Injured on a Cruise?Cruise ship cases are governed by general maritime law, federal statutes, and the terms of the passenger ticket contract. The court where the case is filed is often the United States District Court for the Sothern District of Florida located in Miami, Florida and affects both court procedure and substantive legal issues.
How Do You Prove Negligence on a Cruise Ship?Negligence is proven by showing that the cruise line failed to act with reasonable care under the circumstances. This includes failing to maintain, failing to correct dangerous conditions or to warn about foreseeable hazards and risks of harm. Cruise line negligence may also be based on careless acts of employees and ship personnel and in some cases third parties. Examples include inadequate maintenance, poor supervision, and failing to comply with internal procedures, industry standards and recognized safety practices. Cases are proven through shipboard records, reports, photos, CCTV, witness and expert testimony.
Complex State Laws and Shorter Statute of Limitations to File a Claim
Many passengers do not carefully read the fine print on the ticket contract. Recently, a copy is not even given to the passenger. Merely 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. In addition, injured passengers are often required to give written notice of their intent to pursue a legal claim. Sometimes, they have just six months to do so.
If the incident or event was not documented while on board 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. Injury victims must act quickly to retain qualified lawyers to investigate the case facts, gather evidence and analyze all potential legal issues. If the cruise lines negligence caused your injury do not wait to contact a cruise ship lawyer. No client ever acts too soon. Unfortunately, some act too late.
Why You Need a Specialist for a Cruise Ship Personal Injury Claim
Cruise ship injuries sustained in foreign waters or in foreign ports can also trigger legal issues over jurisdiction and the correct forum in which to file a lawsuit. Most injury victims don't realize that many cruise ship operators require injured passengers to file personal injury lawsuits in federal court located in Miami, Florida. This means that only lawyers admitted to practice law in specific courthouses can represent you. Excursion operators off the ship may be the cause of serious injury. When that happens knowledge of the law of foreign nation states becomes critical. Likewise, a network of corresponding attorneys in other countries is necessary to perfect a claim. Sometimes, the only remedy is a lawsuit in a port state.
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 Florida cruise ship lawyers can help you challenge these "blanket" waivers. We understand how they can be overcome and recognize when they may bar entitlement to compensation for your injuries.
Overview of Ship Owner's Duty of Care and General Maritime Law
Cruise ship injuries are typically caused by negligent acts of parties with some relationship to the ship. The general maritime law from 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, quartermaster, deck hand, safety officer, housekeeping, or other crew member can be negligent causing life changing injuries to passengers. Likewise, other passengers not carefully controlled can cause harm that lasts a lifetime. If so, cruise line operator often is vicariously liable for the negligence and obligated to pay money damages to compensate for the harms 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 to provide 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. Some factors our cruise ship injury attorneys will investigate are:
- Has this happened before? If so how many times?
- Is there an ongoing problem with this particular ship or vessel?
- Was the cruise line aware of a danger or should they have known of a particular risk of harm?
Other common examples of cruise line negligence are failing to warn or correct a dangerous condition. Other times, negligence can be established by proving an inexperienced or inadequately trained crew member did not follow recognized safety standards or did not follow corporate policies and procedures causing serious injuries. Sometimes dangerous and defective equipment is not replaced or repaired.
Cruise ships by design may also present a variety of dangers. Some vessels are built with inadequate flooring or may be built or refurbished with inherently slippery floor surfaces. Other times a vessel may become dangerous 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 are 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 which have not been properly vetted for needed safety protections. Our Florida cruise ship attorneys understand cruise line defense strategies. We know the questions to ask and where the to find the answers too.
Common Cruise Ship Accidents and Causes of InjuryThe most common cruise ships accidents are slip and falls due to wet or foreign substances on decks, dance floors, and stairwells and in other high traffic common areas such as open decks, restaurants, and other common passageways like ship gangways. Others may be injured due to inadequate medical care or are 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.
Other injuries result from defective or poorly maintained ship equipment, inadequate medical care provided onboard, and dangerous shore excursions promoted or endorsed by cruise lines. Cruise ships may also present hazards due to design defects, including inadequate flooring or inherently slippery surfaces.
Compensation for Cruise Ship Injury VictimsInjured passengers and crew members may be entitled to financial compensation for a wide range of losses. These may include past and future medical expenses, lost wages, loss of earning capacity, replacement services, pain and suffering, emotional and psychological harm, scarring, and disfigurement. In cases involving wrongful death, surviving family members may be entitled to additional damages.
Our law firm represent cruise ship injury victims on a contingency fee basis. There are no attorney’s fees unless compensation is recovered. Careful selection of a cruise ship accident lawyer with demonstrated trial experience in maritime injury litigation is critical to maximizing financial recovery.
Contact a Cruise Ship Lawyer in Florida TodayIf you or a loved one were injured on a cruise and believe that the cruise line or ship employee's negligence resulted in a serious injury then don't wait. Time is working against you. Act before delay prejudices or bars your legal claim. Contact a cruise ship lawyer in Miami, Florida by calling (877) 475-2905, or email us for help at info@gslawusa.com.
Gerson & Schwarz, PA cruise ship attorneys have direct experience in:
- Passenger Accidents
- Crew Member Injuries
- Slip, Trip and Falls
- Cruise Ship Crime
- Rape or Sexual Assault
- Assaults by Passengers or Crew
- Injuries Due to Defective Ship Equipment
- Cruise Ship Medical Malpractice
- Wrongful Death
- Excursion Accidents
- Criminal Acts by Crew Members
- Gangway Accidents
- Crew Member Arbitration
- Tender Boat Accidents
If you were injured on a cruise don't be fooled into thinking the cruise line is going to resolve your claim unless you are represented by an experienced cruise ship attorney in Florida. Cruise line companies have experienced lawyers working for them and so should you. Many ship operators will intentionally stall and delay in order 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 shortened time constraints. These are called statutes of limitations. We urge all injury victims to contact our Miami, Florida law firm before your claim is time barred. To find out how we can help, contact a Florida cruise ship accident lawyer at Gerson and Schwartz, PA today at (877) 475-2905 or Contact us online.
No Attorney's Fees Unless We WinIn the event that the cruise line operator or ship employee was negligent injured passengers are entitled to financial compensation for their injuries. Money damages are to compensate victims for past medical bills, future medical care, wage loss, loss of earning capacity, replacement services, pain and suffering, scarring, disfigurement and other emotional and psychological harms. Careful selection of a specialized lawyer that has successfully helped others in similar situations is critical to maximize financial recovery.
HOW WE DO ITOur personal injury law firm has over 50 years of experience representing client's in serious injury and death claims. We also have a long standing reputation in the legal community. To help prove each of our client's cases in court in a convincing and compelling fashion we employ leading experts in maritime, medicine, mental health, engineering, accident reconstruction, security, rehabilitation, and economists. Our firm's strong commitment to our client's cases is the type of reputation that our law firm is well known.
As the cruise industry grows, the number of serious accident and catastrophic injury cases grows too. Our job is to help our clients recover for their losses and to make cruise line operators accountable for their negligence and the harms they cause. Our mission is to recover fair compensation for our clients and by doing so to also make cruise ships safer and promote safety for others.
Peace of Mind from Knowing the Legal IssuesDealing with unexpected catastrophes is a difficult challenge for every victim and their family. Understanding your legal rights after a serious injury on a cruise ship is crucial in such stressful times. It is therefore important to contact an attorney with specialized knowledge, training and experience and that is familiar with these legal issues to handle your case.
The cruise ship accident attorneys at Gerson & Schwartz, PA are located in Miami, Florida. We are dedicated to helping victims injured by the negligence of others. Our firm is committed to providing you with the highest quality legal representation and helping you recover and be made whole. All of our attorneys are licensed to practice law in all of Florida's state and federal courts including the United States District Court for the Southern District of Florida.
For a Free Case Consultation with a Cruise Ship Lawyer in Florida Call Us Toll Free at (877) 475-2905 or Contact Us Online
What to do if You are Injured on a Cruise Ship?If you are injured on a cruise ship, you should take steps immediately. Failure to do so can significantly affect your legal rights and ability to prove your claim. Cruise lines act quickly to protect themselves, so it is critical that you do the same.
- Report the accident or incident immediately to the ship safety and security officer or other crew members. Ask for a copy of your report and statement before you leave the ship.
- 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/video of the accident scene to document the conditions. Cruise lines are notorious for destroying evidence.
- Get the names and contact information for passengers or crew who witnessed the accident or have knowledge about 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 infirmary and off the ship as soon as practical.
- Contact a experienced cruise ship accident or maritime lawyer at Gerson and Schwartz, PA.
- Call us toll free at (877) 475-2905 anytime for advice, even before you leave the ship.
- Which Damages Can I Claim if I Am Injured on a Cruise?
- How Much Is My Cruise Ship Injury Worth?
- Can I Sue a Cruise Line for an Injury?
- How Do I Report a Cruise Ship Injury?
- How Much Does It Cost to Hire a Cruise Ship Lawyer?
- Can I Sue a Cruise Line for Medical Negligence?
- Can I Sue if I’m Injured on a Cruise Ship Shore-Excursion?
- What Kind of Lawyer Do I Need if I Am Injured on a Cruise?
- Can Cases Cruise Ship Accident Cases Settle Without Trial?
- What if the Cruise Line Says the Accident Was My Fault?
- What Types of Injuries Are Most Common on Cruise Ships?
- Are Cruise Ship Waivers Enforceable?
- Can I Sue for Cruise Ship Medical Negligence?
- Can I Sue if I’m Injured on a Shore-Excursion?
- Why Is Witness Information Important After a Cruise Injury?
- Who Are the Top Cruise Ship Injury Lawyers?
- Should I Get Medical Treatment on a Cruise Ship After I’m Injured on a Cruise?
If you are injured on a cruise, you may be entitled to compensatory damages as compensation for your losses. Damages typically include past and future medical expenses, wage loss, loss of earning capacity, pain and suffering (past and future). scarring, disfigurement, and emotional or psychological harm.
The value of a cruise ship injury case depends on the degree of fault of the cruise line, past and future medical bills and expenses, wage loss, pain and suffering, and long-term effects of the injury. Serious injuries can result in substantial compensation. The strength of supporting evidence such as incident reports, photographs, CCTV footage, medical evidence, and expert testimony plays a critical role in determining the overall value of a claim.
Yes. Cruise lines can be required to pay damages for negligence due to unsafe conditions, foreseeable hazards or failing to warn of dangerous conditions and risks of harm. Cruise lines can also be liable for sexual assaults by crew members and other passengers. Under maritime law, cruise operators owe passengers a duty of reasonable care depending on the circumstances.
Report any cruise ship injury to ship security and personnel immediately. Seek immediate medical attention onboard. Go to the ship medical center and request a written report. Reporting the incident creates an official record and triggers an accident investigation which is essential evidence in any injury claim. If you do not report the injury, the cruise line may argue that the incident never happened or was not serious, making your case harder to prove. Getting treatment not only protects your health but also documents your injuries, which is critical for any legal claim.
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 even crew members.
Medical negligence is a recognized cause of action on cruise ships. Failing to diagnose failing to treat and failing to timely medevac a seriously injured passenger are all recognized causes of action under general maritime law. Success depends on standards, policies and procedures and case facts. Preserve onboard medical records and follow up with shore side physicians right away.
Yes. You can a cruise lines if you are injured on a shore excursion. Liability can involve cruise lines and third-party excursion operators. Contract terms, location and other facts matter. Whether you purchased the shore excursion through the cruise line may determine whether you can sue the cruise line directly. There are exceptions. Consult a cruise ship accident lawyer.
If you are injured on a cruise, you need help from lawyers with experience handling injury cases against major cruise lines. Cruise ship injury cases are different because they are not handled like typical land-based injury claims since they are governed by maritime law and the cruise ticket contract terms. Most cruise operators require lawsuits to be filed in federal court in Miami, making it critical to work with attorneys who are licensed to practice law in federal court in Miami, Florida and specialize in handling these types of claims. Cruise lines also impose strict notice requirements and short deadlines, often requiring written notice within six months and filing a lawsuit within one year. Because of these legal requirements, local personal injury lawyers are often unable to represent injured passengers even if the accident occurred at sea or in a foreign country making it critical to work with an experienced lawyer who understands maritime law and cruise line defense strategies
Yes. Many cruise ship injury cases settle before trial, either during the pre-suit process or while the case is in litigation. However, cruise ticket contracts often impose strict deadlines such as notice requirements and a one-year filing deadline. Cruise lines often mislead injury victims to believe they are going to settle their case. This is strategy is often used to buy time because missing these deadlines will result in your claim being time barred forever even if settlement discussions are ongoing.
Even if you are partially at fault, you may still recover compensation under maritime law. Cruise lines frequently attempt to shift blame to reduce their financial responsibility to injured passengers.
The most common cruise ship injuries include slip and falls, water park and attraction injuries, sexual assaults, excursion-related injuries, and inadequate medical care. Gangways accidents during embarkation and debarkation also present fall risks from steps inclines, slippery surfaces, tidal conditions and inclement weather. Alcohol service and crowded conditions further increase risks, especially for older passengers. Water park and attraction injuries occur on slides, Flow riders, surf simulators, and pool areas and are often caused due to negligent supervision, or defective equipment. Sexual assaults involving crew members and passengers are common due to unsupervised areas and because cruise lines fail to staff and deploy a sufficient number of security personnel and inadequate warnings about known risks. Excursion injuries happen during shore activities operated by third parties, where unsafe equipment, poor infrastructure, and unqualified operators can cause serious harm without adequate warnings to passengers. Medical care issues arise when passengers receive inadequate treatment onboard or are disembarked to foreign hospitals with lower standards of care. Most cruise ship injuries result from unsafe conditions, lack of warnings, poor supervision, defective equipment, and limited medical care, and are governed by unique maritime laws and strict deadlines to file legal claims.
Cruise ship waivers are generally not enforceable waivers for cruise lines to avoid legal responsibility for their own negligence onboard. However, these waivers may still be used to show that passengers were warned of certain risks. Waivers signed for shore excursions or third-party activities off the ship are more likely to be enforceable, depending on the facts and applicable law. Because enforceability varies and exceptions apply, an experienced maritime attorney should review the waiver and the surrounding circumstances.
Yes, Medical negligence is a recognized cause of action on cruise ships. Failing to diagnose failing to treat and failing to timely medevac passengers for are all recognized causes of action under general maritime law. Success depends on the standards, policies and procedures and facts. Preserve onboard medical records and follow up with shore side physicians right away.
Yes. Liability can involve cruise lines and third-party excursion operators. Contract terms, location and other facts matter. Whether you purchased the shore excursion through the cruise line may determine whether you can sue the cruise line directly. There are exceptions. Consult a cruise ship accident lawyer.
Witnesses can confirm how the accident happened and the conditions at the time. Collect names, phone numbers, emails, and even crew details if possible.
Without witnesses, proving your case becomes significantly harder.
The top cruise ship injury lawyers are located in Miami, Florida because most cruise lines require lawsuits to filed in federal court in Miami. Gerson & Schwartz is widely recognized as one of America's leading cruise ship injury law firms evidenced by peer reviewed lawyer publications including Best Law Firms US News and World Report, in admiralty and maritime law, Best Lawyers in America and Super Lawyers.
Yes, failing to seek medical care onboard is one of the most common defenses used by cruise lines. They may argue your injuries were not serious or not caused by the incident. It also triggers an accident investigation which will create an official report of your incident in the event you want to pursue a legal claim.
If you or a loved one were injured on a cruise and believe that the cruise line or ship employee's negligence resulted in a serious injury, then don't wait. Time is working against you. Act before delay prejudices or bars your legal claim. Contact a cruise ship lawyer in Miami, Florida by calling (877) 475-2905 or use our secure online form.
- Types of Cruise Ship Accidents
- Cruise Ship Passenger Accidents and Injuries
- Slip and Fall Accidents on Cruise Ships
- Cruise Ship Medical Malpractice
- Cruise Ship Trip and Falls
- Cruise Ship Rape and Sexual Assaults
- Overview of Law on Sexual Assault and Rape on a Cruise Ship
- Sexual Assault or Rape by Crew Members
- Sexual Assault or Rape by Cruise Ship Passengers
- Prevalence of Rape and Sexual Assault on Cruise Ships
- Reporting a Cruise Ship Rape or Sexual Assault
- Cruise Ship Safety and Security Measures
- What the Cruise Industry Does Not Want You to Know
- Cruise Vessel Security and Safety Act
- Cruise Ship Crime Victims
- Defective Ship Equipment
- Vessel Mechanical Malfunctions
- Crew Member Accidents and Injuries
- Crew Member Arbitration
- Gangway Accidents
- Tender Boat Accidents
- Missing Persons on Cruise Ships
- Cruise Ship Water Slide Accidents and Water Park Injuries
- Cruise Line Injury Claims
- Cruise Ship Accidents and Passenger Injury Facts
- Cruise Ship Injury Lawyer Localities Served
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