Articles Tagged with cruise ship injury

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A Royal Caribbean passenger who is accused of verbally attacking the crew and kicking at a door on board has died while detained by the cruise ship’s security.

Michael Virgil, 35, has been identified as the passenger who died on Dec. 13 aboard Royal Caribbean’s Navigator of the Seas. He was traveling with his fiancé and 7-year-old son.

The incident happened about an hour after the ship left from the port of San Pedro, near Los Angeles, California. Cell phone footage of Virgil that has gained traction online shows him attempting to kick down a door, trying to get at one of the crew members.

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More than 100 passengers who traveled on P&O’s Ventura, a ship owned by Carnival Cruise Line, have filed suit after they say they got sick on board. 

Attorneys for the passengers claim there were “repeated outbreaks” of illness on the ship between April and June. About 519 passengers reported for weeks about their symptoms of norovirus, a stomach bug that causes inflammation in the stomach and intestines and is highly contagious. The first outbreak allegedly took place in May during a two-week cruise around the Canary Islands. 

In reporting from the BBC it was alleged that Carnival communicated that less than 1% of passengers experienced symptoms while Southampton health officials claimed the number was closer to 12% of passengers. 

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Photos were published online of the damage to a cruise ship that was hit by storm-force winds while sailing from Spain to Miami

The frightening voyage resulted in the injury of at least one passenger who will be allowed to evacuate the ship for additional medical care on shore in Las Palmas, Spain. No other details, including the condition of the passenger, were immediately available Wednesday. 

Passengers reported to CBS news that their captain said over the ship’s intercom speakers that the ship was impacted by winds that had gone from 46 mph to over 80 mph. 

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Hurricane-Force Winds Injure Cruise Ship Passenger. What Do These Companies Owe Their Passengers?

A Royal Caribbean Cruise Lines passenger was injured after their ship was hit by forceful winds, according to USA Today

The ship, Royal Caribbean’s Explorer of the Seas, “experienced sudden movement” on Nov. 7 as the ship headed to Miami, Florida, from Barcelona, Spain. The incident happened as the ship sailed through Tenerife in Spain’s Canary Islands. The passenger is being disembarked for additional medical attention, a cruise line spokesperson told reporters. 

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Over 180 people were sickened with a suspected gastrointestinal illness while vacationing on a seven-day voyage aboard Royal Caribbean International’s Radiance of the Seas cruise ship, the Centers for Disease Control announced Monday. 

As of Tuesday, the cause of an illness that led to 180 passengers becoming sick aboard the ship had not been released. A total of 2,172 passengers were on board at the time and the afflicted accounted for just over 8% of passengers. 

Three of the over 800 crewmembers on the ship reported being sick. Since the illness was discovered, RCI and its working crew allegedly increased cleaning and disinfection procedures to combat the spread of the illness, made announcements to notify passengers of the outbreak and collected samples from the sick for testing. 

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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. 

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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.

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With the dwindling days of summer vacation and the promise of back-to-school sales and homework assignments on the horizon, families all over the United States will head to South Florida in droves for last-minute summer getaways. The area has plenty to offer that attracts millions of tourists every year from the famed beauty and history of the Florida Keys to the opportunity to observe wildlife in the Everglades. Many families, however, will head straight to PortMiami, the cruise capital of the world, to board one of many cruise lines that frequent the area. 

PortMiami saw 7.3 million people pass through it in 2023 as the cruise line industry continued to gain back its footing after the pandemic. With increased traffic to the area as this boon in the industry continues comes the rise in the possibility of injuries. 

With a home base in Miami, Florida, Leesfield & Partners has had the unique opportunity of watching cruise ships compete with one another over the years to become “floating cities” and sea-bound theme parks. Today, more and more ships are equipped with winding slides, slippery water parks and onboard attractions that can sometimes lead to catastrophic injury when the right precautions are not taken. When the latter takes place, Leesfield & Partners has been there to support injured clients and grieving families. The extensive experience of Leesfield & Partners attorneys attained over its 48 years representing clients is to the benefit of an injured person seeking our legal counsel.

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Leesfield & Partners attorneys successfully resolved a medical malpractice case on behalf of parents whose 9-month-old baby suffered catastrophic injuries as a result of cruise ship doctors’ malpractice. The important and potentially case dispositive legal issues, in this case, included a passenger ticket contract with restrictive forum selection and choice of law clauses. Unlike 99% of cruise ship ticket contracts this contract called for the application of law from our clients’ home country (United Kingdom). The U.K. is a signatory to the Athens Convention and its draconian cap on damages ($540,000). After strategic local and international litigation, Leesfield & Partners was able to multiply the client’s recovery by more than ten times the cap.

Facts of case were as horrific as the cruise line’s attempt to deny an innocent child justice

In the early days of a Caribbean cruise that departed from the Port of Miami, worried parents took their nine-month-old daughter to the ship’s infirmary. She was pale and lethargic, experiencing tachycardia and dehydration; all classic signs of a life-threatening meningococcal meningitis infection. Lethargy in an infant is a significant neurological change in condition that is a hallmark symptom of meningococcal infections.

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trunks_birdsThe cruising industry has more than doubled in the last two decades. In the last 15 years alone, the number of cruise passengers has increased from 15 million to 30+ million. To satisfy the demand, cruise lines have built increasingly large ships that can host over 5,500 passengers and over 2,300 crew-members. Consequently, the number of injuries sustained by passengers and crew-members has also increased.  As a result, Leesfield & Partners’s general maritime attorneys have been retained to represent injured passengers and crew-members for the last 20 years.

If you are an adult, how long do you have to file a lawsuit?

Your ticket contract is where you will find the answer. Typically, cruise line ticket contracts will disclaim that a lawsuit against them for an injury claim must be filed within one year from the date the incident occurred.

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