South Carolina Cruise Ship Injury Lawyers
If you were injured on a cruise departing from or stopping in Charleston, an experienced Charleston, South Carolina cruise ship injury lawyer or South Carolina maritime injury attorney from Gerson & Schwartz can help you navigate the complex legal process and protect your rights. As outlined below, the rights and responsibilities of cruise ship injury victims can be complicated, and understanding maritime law is critical to pursuing a successful claim.
Although some major cruise lines like Carnival cruise ships no longer sail in and out of Charleston, the port-of-call model still attracts over 100,000 cruise visitors each year who either depart from Charleston, stop in this historic city to enjoy its beaches and attractions, or disembark here at the end of their voyage. These vessels can carry up to 3,500 passengers, making them "small" cruise ships by today's standards. Those 100,000 visitors have 100,000 stories-and unfortunately, some involve serious personal injuries requiring the help of a South Carolina cruise ship accident attorney.
Gerson & Schwartz Accident & Injury Lawyers is one of the nation's premier cruise ship injury law firms representing injured passengers throughout the United States, including those injured on cruises departing from the Port of Charleston. Our firm has been recognized by U.S. News & World Report's "Best Law Firms" for admiralty and maritime law, and our attorneys have been named among Best Lawyers in America and Super Lawyers. Our lawyers are also AV-rated by Martindale-Hubbell and maintain a 10.0 rating on Justia. Our many five-star Google reviews reflect our dedication to helping injury victims and the trust our clients place in us when negligence by a cruise line causes serious injuries.
About Charleston, South Carolina CruisesUnion Pier, the primary cruise ship terminal in the "Holy City," has experienced changing traffic as the cruise industry adapts to smaller ships and a more destination-focused tourism model. Cruise lines that currently move through the port include:
Carnival Cruise Lines- American Cruise Lines
- Royal Caribbean
- Oceania Cruises
- Norwegian Cruise Line
- Regent Seven Seas Cruises
Even after the city ended its partnership with Carnival and reduced the cruise schedule, several large cruise vessels still dock at Union Pier, including:
- Norwegian Jewel
- Seven Seas Mariner
- ACL American Eagle
- American Independence
- Seven Seas Grandeur
- Valiant Lady
Cruise vacations departing from Charleston allow travelers to visit exotic destinations while enjoying luxury accommodations at sea. However, accidents and injuries can occur onboard the ship, at the cruise terminal, or during shore excursions. When negligence leads to injury, victims may have the right to pursue compensation under federal maritime law with the help of a South Carolina cruise ship injury lawyer or Charleston maritime accident attorney.
Cruise ship injury claims differ significantly from typical personal injury cases. These claims generally fall under maritime law and are often filed in federal court in Miami, Florida, Cruise line ticket contracts also contain important legal provisions, including shortened deadlines and specific venue requirements. Understanding these rules is essential when pursuing a claim with the assistance of an experienced cruise ship accident lawyer familiar with maritime law and federal court litigation.
Common Cruise Ship Accidents in CharlestonCruise ships function like floating cities with pools, restaurants, spas, entertainment venues, and recreational areas. With thousands of passengers onboard, safety risks inevitably arise.
Common cruise ship injury claims result from
- Slip and falls on wet decks
- Trips on carpets and dangerous floor surfaces
- Pool and hot tub slip and fall accidents
- Stairwell and trip and fall and elevator injuries
- Rape and sexual assaults due to inadequate security
- Medical negligence by onboard doctors
- Tender boat accidents
- Injuries during embarkation or disembarkation
- Gangway accidents
- Shore excursion accidents
Passengers boarding at the Port of Charleston cruise terminal may even suffer injuries before the vessel leaves South Carolina waters. In some situations, victims may have state court options, particularly if the injured person is a cruise ship employee. However, when injuries occur in international waters or foreign ports, federal maritime law typically governs the case, and claims are often handled by a maritime lawyer for cruise passenger injuries.
Special Issues in Cruise Ship Injury ClaimsFederal maritime law is only part of the legal framework governing cruise ship accident claims. When passengers purchase a cruise ticket, they agree to the cruise line's passenger ticket contract, which often contains provisions such as:
- A one-year statute of limitations to file a lawsuit
- A requirement to provide written notice within six months
- A forum selection clause requiring lawsuits to be filed in a specific court
For example, many claims involving Royal Caribbean or Norwegian Cruise Line must be filed in federal court in Miami, even if the cruise departed from Charleston. These contractual provisions are extremely important. Missing a deadline or filing in the wrong jurisdiction can result in your case being dismissed. This is why hiring a cruise ship injury attorney experienced in maritime law and cruise ticket contract litigation is critical.
Proving Negligence in a Cruise Ship Injury CaseCruise lines owe passengers a duty of reasonable care under the circumstances. To recover compensation, an injured passenger must generally prove:
- The cruise line knew or should have known of a foreseeable harm
- The cruise line owed a duty of care
- The cruise line breached that duty
- The breach caused the injury
- The injuries and how they affect victim over their life.
For example, if a deck was left dangerously slippery without warning signs and the cruise line knew or should have known about the hazard, the cruise line may be liable for resulting injuries. A basic negligence claim is only the starting point. To obtain maximum compensation, a case must be strong enough to overcome common cruise line defenses, including comparative fault.
Comparative fault allows a cruise line to argue that the injured passenger was partially responsible for the accident. For example, if a passenger becomes involved in an alcohol-related altercation, the cruise line may claim the passenger's intoxication contributed to the incident. Similarly, the doctrine of assumption of risk may apply in premises liability situations such as swimming pool accidents. A warning sign such as "No Lifeguard on Duty" may reduce liability if the injured person. However, under federal law, shipboard waivers are unenforceable. Don't be fooled. Instead contact our law firm.
An experienced Charleston cruise ship injury lawyer or South Carolina maritime negligence attorney can collect surveillance footage, maintenance records, incident reports, and witness statements to build a strong negligence case.
Shore Excursion InjuriesMany cruise passengers are injured during shore excursions booked through the cruise line. These activities can involve significant risk, including:
- Snorkeling or scuba diving accidents and death
- Ziplining injuries
- Jet skiing accidents
- Historical or adventure tours and transportation related injuries
- Accidents on tenders and boat charters
Cruise lines often attempt to avoid liability by claiming excursion operators are independent contractors. However, courts sometimes hold cruise lines partially responsible if they failed to properly vet excursion providers or failed to warn passengers about known dangers.
If your injury occurred during an excursion connected to a cruise departing from Charleston, you may still have a valid claim with the assistance of a shore excursion injury lawyer or cruise passenger accident attorney experienced in maritime law.
Contact an Experienced Cruise Ship Injury LawyerInjury victims may be entitled to significant financial compensation for medical bills, lost income, pain and suffering, and other damages. For a confidential consultation with an experienced Charleston cruise ship injury lawyer or South Carolina cruise passenger injury attorney, contact Gerson & Schwartz Accident & Injury Lawyers. Our firm handles cruise ship accident cases nationwide and has more than 50 years of experience helping injured passengers pursue justice under maritime law. Call 877-475-2905 or email us at info@gslawusa.com.
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