Articles Tagged with cruises

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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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