For many vacationers, once the unmistakable combination of sun and salty breeze hit their skin, the worries of being on shore recedes into the background.
While cruise ships can certainly be an enjoyable getaway, however, it is important to note that passengers can fall prey to many of the same dangers that await them on shore. In 48 years of personal injury practice, Leesfield & Partners has represented clients who were victims of just that.
From an improperly maintained balcony railing that resulted in the death of a young girl to horrific jet ski crashes with long-lasting consequences, our firm has represented clients injured in just about every way imaginable on board a cruise ship. With these injuries, come unaccounted for expenses such as was the case for a crew member who went to the infirmary with
Maritime Law and State-Specific Regulations
Suing a cruise line for a personal injury incident in Florida, such as a slip and fall, trip and fall, medical malpractice incident or a crime aboard the ship, involves navigating both maritime law and state-specific regulations. The Sunshine State is home to major cruise ports like PortMiami and Port Canaveral and has routinely been dubbed the “cruising capital of the world.” This reputation has made it a destination for cruises and passengers alike, meaning that the state’s courts frequently handle cases involving cruise line injuries.
When pursuing a lawsuit against a cruise line, the first step is to understand the legal framework that applies to such incidents. In general, cruise lines are considered common carriers, meaning they are legally obligated to ensure the safety of their passengers. This includes maintaining safe conditions aboard the ship to avoid accidents, providing adequate medical care in case of a medical emergency, and addressing criminal incidents. The legal terms and conditions that apply to such claims are often outlined on the cruise ticket contract, which passengers agree to when booking their trip. This contract lays out conditions such as where the case will be heard and the statute of limitations for making such claims.
Premises Liability
In Florida, to successfully bring a claim against a cruise line, passengers must prove that the company was negligent in the events that caused their injury.
Cruise lines, just as with any other hotel or resort, must maintain their ship in a reasonably safe condition. Any failure to do so that results in an injury may leave them vulnerable to a potential lawsuit.
This was the case involving a 9-year-old who was playing basketball on a ship when he dove for an out-of-bound ball and hit a steel, unpadded grommet. His catastrophic brain injury has forever impacted his life and could have been prevented had the ship taken care to ensure that safety measures were in place. Leesfield & Partners recovered $2.5 million for the boy in that case.
In a case involving a slippery floor that caused our client to suffer a severe knee injury, the firm settled for $425,000. The crew in that case failed to properly address a slippery floor in a cruise ship bathroom, resulting in our client’s fall and excruciating injury.
In both cases, the cruise line contributed to our client’s injuries by failing in their duty to ensure that their ship was free from hazards, and they were, therefore, held liable for damages.
Medical Malpractice
In medical malpractice cases, it must be proven that the medical personnel on board provided substandard care, resulting in additional harm. For example, in a horrific case of medical negligence involving a 9-month-old baby that was handled by the firm, the ship’s failure to hire adequate medical staff resulted in our client’s injury. In that case, the medical staff failed to diagnose the infant’s meningitis symptoms and, instead of administering the antibiotics she so desperately needed, they diagnosed her with a stomach bug. As a result, this child became a triple amputee.
Leesfield & Partners has handled a wide array of cruise ship medical malpractice cases that have changed the lives of our clients forever. From passengers who were denied evacuations amid terrifying medical emergencies to the amputation of a crew member’s arm when he was incorrectly administered nausea medication. In that case, the black box warning label on the medication specifically said that the drug should be given slowly and injected deep into the muscle. Instead, medical staff on board the ship injected it rapidly into the man’s IV. He was in immediate agony, the start of a 17-hour-long nightmare.
By the time he was able to seek medical attention on shore, his arm showed signs of necrosis. While he waited aboard the ship in excruciating pain, his cruise ship doctors were searching online for solutions. In the end, doctors at the hospital determined that the man’s arm could not be saved.
Leesfield & Partners obtained a $3.4 million recovery in that case.
In one case, a Leesfield & Partners client was suffering a medical emergency on board and required a blood transfusion. Tragically, cruise medical personnel failed to properly test the blood they were giving to their patient. As a result, our client, a 72-year-old retired nurse, was infected with HIV.
The firm obtained a $4.25 million settlement on her behalf.
A $16-year-old client was denied an evacuation and was misdiagnosed despite her obvious signs of a stroke. The firm obtained a $3 million settlement for the minor and her family.
Statute of Limitations
One critical aspect to take into consideration when filing a lawsuit in Florida is the statute of limitations. This refers to the time period within which an injured passenger may file their claim. Florida’s statute of limitations for personal injury claims is typically four years from the date of the injury under state law, but cruise lines often have specific provisions in their ticket contracts that reduce this period significantly—sometimes to as little as one year from the date of the incident.
This is why it is essential to review the terms of the cruise contract, as it may require an injured passenger to file a claim within a specific time frame. Missing this deadline could bar an injured passenger from seeking compensation. This highlights the importance of contacting a personal injury law firm like Leesfield & Partners as quickly as possible following an injury aboard a cruise ship.
Finally, if the case goes to trial, the burden of proof rests with the injured party. Personal injury attorneys representing the passenger must present evidence that the cruise line was negligent or otherwise liable for your injuries. This can involve gathering witness statements, expert testimony and physical evidence. If a passenger was involved in a fall on the ship, for example, it is imperative that they do not move from the area where the fall took place, as long as they are not in danger of further injury. The fall should immediately be reported to crew and the passenger should request that the crew take photographs of the area where the injury occurred before any cleaning takes place. The injured passenger should also request that their companion or someone else take a photo of them, their injuries and the location where the injury occurred.
If the injury requires immediate medical attention from the cruise ship’s doctors, the injured passenger should request copies of any and all medical reports from the cruise ship. The process of seeking compensation can be lengthy and complex, but it may make the world of a difference in proving payment for financially draining medical expenses, lost wages, pain and suffering and other losses caused by the cruise ship’s negligence.