With summer here, many Florida residents are booking cruises to different locations. The number of bookings for cruises has increased due to the lowering of prices by the cruise ship companies. South Florida, as you may know has two of the most popular ports in the world. Port Everglades and Port of Miami.
Unfortunately, some passengers have been injured while on cruise ships and therefore if you are contemplating a cruise, there are things you need to consider and be aware of the following information.
If a passenger is injured while aboard a cruise ship, they may have claims for compensation against the vessel owners for negligence. Whether a ship is considered a “vessel” is to be determined in court. The vessel status affects which law applies and the damages that may be recoverable. Once the vessel determination has been made, jurisdiction must be determined. U.S. Federal law may be applicable if your injury occurred on a vessel while on navigable waters and the law protects cruise ship passengers against injuries caused by negligence.
The liability factor rests with the owner of the ship. The owner owes passengers or visitors a duty of reasonable care to protect them from injury or warn them of any dangerous circumstances aboard the vessel. The dangerous circumstances must be those that are known to the ship owner or should have been known to the ship owner.
A medical negligence claim, for medical injuries aboard a ship differs by jurisdiction. In some jurisdictions, cruise ship owners have a duty to hire competent medical doctors; however, they are not liable for the treatment given by these staff members. In other courts, the cruise ship owners may be liable for the actions of their medical staff; however; it must be shown that negligence occurred in the medical treatment administered, not simply that the persons medical condition did not improve or even worsened.
According to federal law, cruise ships may have a one-year statute of limitations for personal injury claims, so never delay in seeking the advice of an attorney. This limitation in the “contract of Passage” (ticket) fine print which the cruise industry maintains puts the passenger on notice. It is important to have a copy of your ticket or notification of this rule and the court must find that the notice was clear and legible.
According to the United States Code, cruise ships may also include a provision in passengers’ tickets that limits their liability for emotional distress or physical injury. This disclaimer is not effective if the injury is caused by negligence of the ship owner or its employees, and that negligence caused the passenger’s physical injury.
If you or a loved one has been injured while aboard a cruise ship, it is important to contact a personal injury attorney, immediately upon your return. As previously stated the time limits for filing a claim against a cruise line is much shorter than other claims in State or Federal courts, so beware.
Call my office if you have been involved in any serious accident, call as soon as possible, or have your friend or relative call my office following a serious accident, undo delay could hurt your claim.
My office handles all types of personal injury cases, and I have done so for over 37 years. My office is conveniently located in Pembroke Pines. It is located at 9000 Sheridan Street – Suite 4, Pembroke Pines, Florida. I welcome your calls to my office (954) 441-5077 or my cell phone at any time (954) 801-0352 to assist you if you have had any type of accident, criminal offense, or to discuss with you any legal questions or problems.