A vacation aboard a cruise ship can be a memorable experience, in the most positive sense. But sometimes the memories are of sickness, injury, inadequate medical care, crime or even the wrongful death of a loved one.
A relatively small number of attorneys are equipped to successfully navigate a case across the depths of maritime law. It is often unclear which laws may apply to an incident, or if any laws apply at all. Cruise ships by their nature travel in murky legal waters - beyond national boundaries, and sometimes beyond courts, treaties and the reach of the law. Complicating the picture, most cruise ships fly a foreign flag and are registered in countries with a tradition of lax enforcement.
Many of the laws that do apply to cruise ships have not changed significantly from rules that were established more than a century ago. These laws continue to favor owners over passengers and crew members.
Cruise ship accidents can include assault by crew members or other passengers, sexual battery, slip/trip and falls and other personal injuries. Cruise ship lines have a responsibility to make sure there are no hazardous conditions on board that can cause injury to its passengers. When cruise ship accidents occur because of poor maintenance, incompetent staff members, inadequate safety equipment, inadequate emergency precautions and/or improperly trained employees, cruise ship owners can be held legally responsible for negligence.
In most admiralty and maritime cases, the statute of limitations is three years. However, cruise ship operators often require that ticket purchasers agree that any such case must be filed within one year, and that the case must be filed in a particular court, usually in federal court in the Miami jurisdiction.
Because of the obstacles put in the way of a plaintiff by the law - or lack of law - as well as by cruise line operators, it is important that you act immediately to pursue your claim. Successful recovery of lost wages, medical expenses, pain and suffering, mental anguish and emotional damages depends on acting quickly, and with the effective legal representation of an experienced maritime attorney.
Accidents Involving Crew Members:
The Jones Act, a federal statute, is one of the applicable laws utilized by maritime lawyers to obtain compensation for injured crew members. As creatures of the statute, Jones Act claims can be extremely complex and difficult to prosecute. Apart from dedicated maritime and admiralty law firms, few firms have experience in handling these claims. In addition to the Jones Act, general maritime law provides for damages for crew members who are injured due to unseaworthy conditions aboard the ship.
If you are a seaman or other ship crew member injured on the job, you should move quickly to contact an experienced Miami maritime and admiralty attorney knowledgeable in the handling of such claims.
Cruise Ship Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company, or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. In order to bring a successful wrongful death cause of action, the following elements must be present:
* The death of a human being
* Caused by another's negligent or intentional conduct of the ship or it's crew
* The survival of family members who are suffering the loss.
If you need the assistance or legal advice of an experienced maritime and admiralty lawyer, please contact Leesfield & Partners, today at 800-836-6400, or complete the contact form provided on this site to begin your free consultation with a skilled Miami Florida serious injury maritime attorney.