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Published on: September 5, 2024

Doctor mistakenly removes man’s liver instead of his spleen. Now, his wife is planning to sue.

The wife of a man who died during a surgery where his doctor removed his liver instead of his spleen is planning to sue, according to reporting from local news outlets.

The incident began when the man complained of feeling pain in his side while he and his wife visited their Florida rental property from Alabama. At the hospital, the man was allegedly planning to return to Alabama to see his usual doctor but was instead persuaded by a medical team in Florida to go ahead with the surgery, according to the family’s attorneys. Doctors are said to have “persuaded” him by explaining the potential risks that could arise if he delayed surgery.

A surgical pathology report listed the organ that was removed as a “grossly identifiable” liver that was partly torn. When removing the liver, the doctor tore blood vessels that caused “catastrophic blood loss resulting in death,” the wife’s attorneys said in a statement to local news outlets.

Published on: August 30, 2024

From a ‘Massive Brawl’ to Financial Crimes: A Look at Recent Criminal and Dangerous Activity Aboard Cruise Ships

By Leesfield & Partners

Four passengers on a four-day cruise from Miami face charges and others aboard Carnival Cruise Lines’ Freedom were accused of fighting, according to news outlets.

Two fights broke out during one of Carnival’s Freedom voyages from Port Canaveral. The first alleged fight took place Saturday in the ship’s nightclub between at least four people. When the ship docked in Bimini the next day, all four were escorted off the ship with their parties.

The second fight happened on one of the upper decks of the ship and included several people jumping into the brawl. It is unclear what started either fight. In footage of the second fight, a security guard can be seen stepping in to stop any further violence after much of the group that was brawling had already separated.

Published on: August 23, 2024

Largest cruise ship in the world makes headlines, stuns online viewers. Should passengers be wary of ‘floating cities?’

By Leesfield & Partners

Royal Caribbean’s Icon of the Seas continues to make headlines months after its inaugural sail and people are still talking about the enormity of it.

Though the ship has been sailing since the beginning of the year, a recent video featuring its arrival in Port Miami has gained traction online with many users asking “how does this thing manage to float?”

The answer can be found in most grade school science classrooms – buoyancy. When a massive ship such as the Icon of the Seas is hulking past seemingly without effort, it is because it is pushing aside water, displacing enough to equal its weight. Structural designs such as a U-shaped hull help the ship carve through the waves and displace water. The hull’s round edges reduce potential drag and keep the ship from rolling. When building the immense ‘floating cities’ we know as cruises today, engineers must take weight distribution into account. Ships that are bottom-heavy will sink while the opposite would cause the ship to be destabilized, increasing the probability it would topple over.

Published on: August 20, 2024

Hotel And Cruise Ship Security – How Responsible Are These Companies When It Comes To Protecting Their Customers?

By Leesfield & Partners

In the latest data for 2023, a year that saw “unprecedented” levels of tourists, nearly 140.6 million visitors were recorded visiting the state, breaking previous years’ records and displaying a 2.3% increase from 2022.

With that many visitors in Florida to take advantage of its year-round summers, long stretches of sunny days on the beach and the natural beauty of the state, comes an increase in hotel and short-term vacation rental usage.

With more people booking these accommodations than ever before, hotels and rental companies are watching their businesses boom and are likely overcome by the money coming in. Any good businessperson would see this as an opportunity to expand to bring in more revenue. If done incorrectly, however, this expansion and the fallout of a larger space may come to the detriment of the very people these companies aim to please.

Published on: August 14, 2024

Data shows cruise crime rates have dropped in the first half of 2024. Here’s a look at Leesfield & Partners’ experience with this growing industry

By Leesfield & Partners

The Department of Transportation has reported a decrease in crime on cruise ships compared to numbers from earlier this year, data shows.

The latest available data from the Department of Transportation shows there have been about eight assaults with serious bodily injury, one suspicious death, one missing person, nine sexual assaults and 16 rape cases aboard ships reported to authorities. These incidents are alleged to have taken place from April to June 2024. Cruise lines with ships sailing to or from the United States are required to report criminal activity to the FBI such as sexual assaults, missing persons, physical assaults, property crimes and other alleged criminal activity every quarter, per the Cruise Vessel Security and Safety Act.

A Look at the Numbers

Published on: August 9, 2024

Disney Cruise Line Announces New Ship – What to Know

By Leesfield & Partners

Disney Cruise Line announced plans for a new ship this week set to take sail in 2025.

Disney’s Destiny Cruise Ship will sail four and five-night voyages from Fort Lauderdale to the Bahamas and the Western Caribbean starting in November 2025. The ship is reportedly a merging of the stories of villains and heroes alike from Disney, Pixar and Marvel’s most-beloved stories. The ship will have three restaurants, themed “splash zones” and live shows with character meet-and-greets.

This comes just two weeks after Carnival Cruise Lines announced the addition of three more ships to its fleet with the carrying capacity to rival that of Royal Caribbean’s Icon of the Seas which is reportedly the largest cruise ship in operation today. The cruise ship industry is rapidly expanding after taking a major hit following the COVID-19 pandemic which saw the industry shut down to stop the spread of the virus. According to data based on research from J.P. Morgan, by 2028, the cruise ship industry will capture approximately 3.8% of the $1.9 trillion global vacation market. Globally, 35.7 million passengers are expected to set sail in 2024. This is a 6% increase from pre-COVID-19 numbers.

Published on: July 26, 2024

Athens Convention, Shore Excursion Limitations, and Barbetta Rule: What to know about cruise ship litigation

By Leesfield & Partners

With the sun warming your skin, the sea breeze tussling your hair and a full buffet waiting for you at lunchtime, the possibility that something may go awry seems impossible. For many, cruise vacations go off without a hitch. Others, however, are not so lucky.

When it comes to the unlucky ones, Leesfield & Partners attorneys are ready to help pick up the pieces to guide injured clients through the legal process. With over four decades of experience navigating devastating cruise passenger and crew member injury cases, the firm has been recognized as a leader in its field with record verdicts in the state and nationally for injured clients.

With its landmark office in the heart of Miami, about a 30-minute drive from PortMiami, also known as the “cruise capital of the world,” Leesfield & Partners attorneys have had thousands of passenger injury and wrongful death cases come across their desks. Attorneys with the firm have handled cases of medical malpractice at the hands of inept cruise line doctors, devastating cases of wrongful death during shore excursions, and negligent security cases in which passengers and or crewmembers have become the victims of violent crime while on board these ships.

Published on: July 24, 2024

A Look at the Fine Print: How Cruise Lines and Water Sport Rental Companies Find Ways to Avoid Liability & Protect Themselves

By Leesfield & Partners

Lengthy terms and conditions are scrolled past with fervor, and liability waivers are signed on digital screens in a rush. Whether it’s before a jet-ski guided tour in Key West, a parasailing adventure, or when purchasing a ticket aboard a cruise ship, people pay little mind to the language in these documents before they sign. When tragedy strikes, however, these documents are one of the first things a corporation’s attorney will point to to avoid liability.

It is important to note that these waivers do not give cruise lines a free pass to flout safety regulations. Case law out of the United States Federal District Court is evident that these waivers do not imbue cruise lines with an impermeable shield, saving them from being held liable. Instead, these waivers can be used in court to show that a cruise line tried to warn the injured party of the risks associated with a certain activity. In the event of an injury, passengers are still able to pursue compensation for damages at the hands of negligent corporations despite having signed a waiver.

In Florida, where cruise lines dock at five main ports transporting millions of passengers in and out of the state every year, liability waivers are frequently used by vendors in an attempt to protect themselves. Under state law, these waivers stand only when safety regulations, as outlined in Chapter 327, Florida Statutes, are followed. For example, jet-ski rentals and guided tours, which are thriving businesses in a state known for its sparkling waters and warm weather, have routinely displayed their disregard for these regulations. Under these regulations, vendors are required to give pre-ride instructions to include operational and safety instructions, warnings of local hazards, navigational instructions, and details about what to do when there is a change in weather and or water conditions. In the 48-year experience in South Florida, Leesfield & Partners attorneys have learned that these companies are more likely to give a safety rundown that is too brief, if they give one at all.

Published on: July 24, 2024

Carnival Cruise Lines Set to Add Three Massive Ships to Fleet – What You Should Know

By Leesfield & Partners

Carnival Cruise Lines is adding to its ships including three that rival in carrying capacity with Royal Caribbean’s Icon of the Seas.

The three new ships from Carnival are reported to be the largest vessels operated by the company and will be able to carry nearly 8,000 passengers. Construction of the first ship is scheduled to be completed in 2029 with the other two following in 2031 and 2033, according to reporting from national news outlets.

Currently, the cruise line operates 26 ships with stays in places like the Bahamas, the Mexican Riviera, the Pacific Islands and Australia. Earlier this year, the company announced two other ships would be added to its fleet in 2027 and 2028 in addition to five vessels it is taking over from sister brands.

Published on: July 16, 2024

Man’s family awarded $2 million in lawsuit after he died from burn at Kentucky motel. What do places like hotels and cruise ships owe customers?

By Leesfield & Partners

The family of a 76-year-old Kentucky man was awarded over $2 million this month after his death from a burning incident in a motel shower, according to news outlets.

The incident happened in 2021 while the man was on a business trip. When he got in the shower, hot water estimated in the lawsuit to be 150 degrees Fahrenheit scalded him. The man fell and was unable to get up until coworkers who heard him screaming rushed into the bathroom to help. The man had third-degree burns following the incident and died seven months later after spending most of his time in and out of hospitals. Third-degree burns affect the deeper layers of the skin and burn down to the fatty tissue. They require immediate medical attention.

The lawsuit filed on behalf of the grieving family did not specify what caused the water to come out at 150 degrees. A judgment filed earlier this month stated that the hotel failed to properly inspect and maintain the property in a reasonably safe condition.