Health officials reported that six crew members were among those affected. The cruise line has since implemented enhanced sanitation protocols and isolated symptomatic individuals in an effort to contain the outbreak.

The CDC noted that this incident marks the first GI outbreak of the year to meet the agency’s public reporting threshold. The investigation remains ongoing as health officials continue monitoring conditions aboard the vessel.

Cruise ships are particularly vulnerable to the rapid spread of gastrointestinal illnesses due to shared dining spaces, close quarters, and high passenger turnover. Symptoms commonly associated with cruise-related GI outbreaks include:

• Nausea and vomiting
• Diarrhea
• Stomach cramping
• Fever

Viruses such as norovirus are often linked to these outbreaks and can spread quickly through contaminated surfaces, food handling, or person-to-person contact.

Cruise Line Responsibilities Under Maritime Law

Cruise lines operating out of Florida ports have a legal duty under maritime law to exercise reasonable care in maintaining sanitary conditions and protecting passengers and crew from preventable illness.

When an outbreak occurs, investigators often examine whether the cruise operator:

• Followed food safety and sanitation standards
• Implemented adequate cleaning and disinfection protocols
• Properly trained staff in hygiene practices
• Responded quickly to isolate symptomatic individuals
• Complied with CDC Vessel Sanitation Program guidelines

If evidence shows that negligence contributed to the outbreak, affected passengers may have grounds to pursue a civil claim.

Legal Options for Passengers Who Become Ill

Passengers who suffer significant illness during a cruise may be entitled to compensation if the cruise line failed to exercise reasonable care. Depending on the circumstances, recoverable damages may include:

• Medical expenses related to treatment
• Lost vacation value or travel costs
• Lost income
• Pain and suffering

Cruise ticket contracts often contain strict notice requirements and filing deadlines, making it important to evaluate legal options promptly.

While the CDC focuses on public health containment and reporting, civil liability is a separate matter. An independent legal investigation may review:

• Sanitation and food handling records
• Prior outbreak history
• Staff training and compliance procedures
• Passenger and crew illness logs
• Cleaning and disinfection timelines

This evidence can be critical in determining whether a cruise operator met its legal obligations.

Representation for Cruise Injury and Illness Claims

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent passengers and crew members who suffer injury or illness aboard cruise ships departing from Florida ports.

Cruise cases involve complex maritime law and contractual limitations. Our firm intentionally limits its caseload so clients work directly with experienced attorneys—not case managers—and we are prepared to pursue accountability when preventable harm occurs at sea.

Our firm can help by:

• Conducting an independent investigation
• Reviewing cruise contract notice requirements
• Preserving evidence and medical documentation
• Pursuing compensation under maritime law

There are no upfront costs. We only get paid if we recover compensation for you.

📞 If you became seriously ill during a cruise departing from Miami or elsewhere in Florida, contact Flanagan & Bodenheimer for a free, confidential consultation.

Norwegian Cruise Line confirmed that the incident took place on Monday, October 20, 2025, while the ship was crossing the Atlantic Ocean on its return voyage to Miami.

In an official statement, the cruise line said:

“We are deeply saddened to confirm that on Monday, Oct. 20, 2025, we were notified that a guest was reported to have gone overboard while the ship was sailing from Ponta Delgada, Portugal to Miami. The appropriate authorities were immediately notified, and an extensive search and rescue operation with multiple vessels was conducted. The search was unfortunately unsuccessful, and the ship was released by authorities to continue its voyage. Our team is attending to the guest’s loved ones during this very difficult time, and our thoughts and prayers are with them.”

Authorities in both Portugal and the United States were notified immediately. Multiple vessels joined the search and rescue operation, but despite extensive efforts, the passenger was not located.

The individual’s identity has not yet been released, and the Norwegian Jewel is expected to arrive in Miami early next week.

Overboard incidents aboard cruise ships—although rare—remain a significant concern in the maritime industry. According to data from the Cruise Lines International Association (CLIA) and the U.S. Coast Guard, dozens of passengers fall or are reported missing from cruise ships worldwide each year.

Common contributing factors include:

• Inadequate safety barriers or railings
• Lack of man-overboard detection systems
• Intoxication or over-serving of alcohol
• Slip and fall accidents due to wet decks or poor lighting
• Negligent security or delayed response times

Cruise lines have a legal duty of care to protect passengers from foreseeable harm while aboard. When a passenger goes overboard, investigators often examine whether the cruise line failed to implement proper safety measures or delayed notifying rescue authorities.

Cruise ship injury and wrongful death claims are governed by federal maritime law, which differs significantly from traditional personal injury claims filed on land.

Under maritime law and the Death on the High Seas Act (DOHSA, 46 U.S.C. §30301 et seq.), a cruise line may be held liable if its negligence contributed to a passenger’s death occurring more than three nautical miles from U.S. shores.

Potential areas of negligence include:

• Failing to maintain adequate surveillance systems
• Failing to promptly initiate a man-overboard search
• Failing to properly train crew members on rescue procedures
• Over-serving alcohol or failing to monitor intoxicated guests
• Lack of proper signage, lighting, or barriers on open decks

The Cruise Vessel Security and Safety Act of 2010 (46 U.S.C. §3507) requires cruise ships to install man-overboard detection and video monitoring systems. However, enforcement of this law has been inconsistent, and many vessels still lack advanced detection technology capable of immediately alerting crew members when someone falls overboard.

What Happens After an Overboard Incident

After a passenger is reported missing, the cruise line is required to:

1. Immediately notify maritime authorities and the U.S. Coast Guard.
2. Stop the ship or alter course to assist in rescue operations, unless ordered otherwise by authorities.
3. Preserve all surveillance footage and other evidence.
4. Document witness statements and crew logs.
5. File an official incident report with the Federal Bureau of Investigation (FBI) if foul play is suspected.

Families should request all available records as soon as possible, as cruise lines may retain control over key evidence, including CCTV footage, incident logs, and internal communications.

Legal Options for Families After a Cruise Ship Overboard Death

When a passenger disappears or is presumed dead following an overboard incident, their family may have the right to pursue a wrongful death claim under maritime law or federal statutes such as DOHSA.

A wrongful death claim may seek compensation for:

• Funeral and burial expenses
• Loss of financial support and services
• Loss of companionship and emotional distress
• Pre-death pain and suffering (if provable)

However, DOHSA restricts recovery to pecuniary (financial) losses only, which can make emotional loss claims more challenging unless another jurisdiction or theory of liability applies (such as negligence within three nautical miles of shore).

It is also important to note that most cruise tickets contain forum selection clauses requiring claims to be filed in Miami federal court, regardless of where the incident occurred.

Steps Families Should Take After a Cruise Ship Disappearance

If your loved one has gone missing or died aboard a cruise ship, it is critical to take immediate action to protect your legal rights:

1. Contact an attorney experienced in maritime and cruise ship law.
   Cruise ship claims are highly specialized and must comply with strict procedural and jurisdictional requirements.
2. Preserve all evidence and documentation.
   Request that the cruise line preserve CCTV footage, logs, and witness statements.
3. Obtain a copy of the passenger contract.
   Review the forum and arbitration clauses, which dictate where and how your claim must be filed.
4. File a claim within the statute of limitations.
   Under most cruise line contracts and federal law, passengers and their families have only one year to file a lawsuit.
5. Request communication records.
   Ask the cruise line for details regarding when the person was last seen, when the crew was notified, and when the search began.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, our attorneys have extensive experience handling cruise ship overboard and wrongful death cases throughout Florida.

Our firm has represented victims and families against major cruise lines such as Norwegian Cruise Line, Royal Caribbean, and Carnival, holding them accountable for negligence at sea.

We conduct detailed investigations by:

• Obtaining surveillance and ship logs through legal discovery.
• Working with maritime safety experts and accident reconstruction specialists.
• Identifying systemic safety failures, such as inadequate railing height or delayed emergency response.

We handle all cases on a contingency-fee basis, meaning you pay nothing unless we win compensation for your family.

If your loved one went missing or was killed aboard a cruise ship, you do not have to face this devastating situation alone. Our Miami-based maritime attorneys will stand by your side and fight to uncover the truth.

We serve clients throughout Florida, including Miami, Fort Lauderdale, Palm Beach, Orlando, and all port cities.

According to the Centers for Disease Control and Prevention (CDC), the outbreak occurred aboard the Serenade of the Seas, which departed San Diego on September 19. The vessel is set to arrive in Miami on Thursday.

The CDC’s Vessel Sanitation Program confirmed that at least 71 out of 1,874 passengers and 1 out of 883 crew members reported gastrointestinal illness during the voyage. The predominant symptoms included diarrhea, vomiting, nausea, and stomach cramps—classic signs of norovirus infection.

In response, the ship’s crew reportedly ramped up cleaning and disinfection protocols, isolated ill passengers and crew, and collected stool samples for testing. Royal Caribbean stated:

“The health and safety of our guests, crew, and the communities we visit are our top priority. To maintain an environment that supports the highest levels of health and safety onboard our ships, we implement rigorous cleaning procedures, many of which far exceed public health guidelines.”

Norovirus is an extremely contagious gastrointestinal virus that can spread rapidly in closed, crowded environments like cruise ships. It typically causes:

• Diarrhea
• Vomiting
• Nausea
• Stomach pain
• Fever and body aches in some cases

Symptoms usually develop 12–48 hours after exposure and can last up to three days. Norovirus can be transmitted through contaminated food, water, surfaces, or even by sharing utensils with an infected person.

The CDC has already recorded 19 gastrointestinal outbreaks on cruise ships in 2025, with 14 traced back to norovirus.

Passenger Rights and Potential Claims

Cruise ship passengers have a right to a reasonably safe and sanitary travel experience. While not every outbreak is grounds for legal action, certain circumstances may give rise to a potential claim:

• Failure to Sanitize Properly: If a cruise line neglects to follow CDC sanitation standards or fails to isolate infected passengers in a timely manner.
• Food Safety Violations: If contaminated food or water served onboard is linked to the outbreak.
• Delayed Medical Response: If passengers did not receive appropriate medical attention, leading to worsening illness.
• Failure to Warn: If the cruise line was aware of prior gastrointestinal outbreaks but did not inform passengers.

A successful claim could seek compensation for medical expenses, lost wages (if the illness lingered after the cruise), and pain and suffering.

Passengers considering legal action must also be mindful of short deadlines. Cruise ticket contracts often require claims to be filed within one year of the incident and may designate a specific court for lawsuits—often in Miami for Royal Caribbean.

Norovirus outbreaks on cruise ships remain a persistent concern despite strict sanitation protocols. The CDC’s Vessel Sanitation Program exists precisely to monitor and minimize these risks, but outbreaks highlight the challenges of controlling contagious illnesses in enclosed environments.

For affected passengers, the most important steps include seeking medical treatment, documenting symptoms, and reporting illnesses to both onboard medical staff and the CDC.

If you or a loved one contracted norovirus on a cruise, you may want to consult with a maritime injury attorney to determine whether the cruise line failed in its duty of care and whether a claim can be pursued.

On August 7, 2025, a disturbing incident occurred aboard Royal Caribbean’s Icon of the Seas cruise ship when an adult male passenger was injured due to a malfunction on the ship’s water slide. While using the slide, a section of the acrylic glass panel unexpectedly shattered, causing injury to the guest. Fortunately, the man’s condition has been reported as stable, but the incident has raised questions about safety measures on cruise ship attractions.

According to eyewitness footage captured by fellow passengers, the water slide malfunction caused water to gush out from the broken panel. Passengers were heard shouting urgently, “Stop the slide!” as the glass panel broke, heightening the panic onboard.

Royal Caribbean Group issued a statement confirming the incident and stating that medical care was promptly provided to the injured guest. The water slide was immediately closed for the remainder of the cruise, pending a thorough safety investigation.

This recent event adds to previous safety issues reported on the Icon of the Seas. Earlier in July, another passenger suffered a fall over a glass railing near the ship’s infinity pool, though that incident thankfully did not result in serious injury.

Incidents such as these underscore the inherent risks in high-activity entertainment areas on cruise ships, which often feature complex mechanical and structural components exposed to heavy use and challenging marine conditions.

Legal Considerations for Injured Passengers on Cruise Ships

If you or a loved one is injured on a cruise ship due to equipment malfunction, such as a broken water slide or other hazardous conditions, there are important legal steps to consider:

• Maritime Personal Injury Claims: Injuries on cruise ships are governed by admiralty and maritime law, which provides specific protections and procedures for injured passengers.
• Negligence and Liability: Cruise lines have a duty to maintain a safe environment and properly inspect and repair attractions. Failure to do so may constitute negligence.
• Documenting the Incident: It is crucial to preserve evidence including photos, videos, medical reports, and witness accounts.
• Notification Requirements: Injured passengers must promptly notify the cruise line of the injury in writing, typically within strict time limits, to preserve their right to compensation.
• Consulting Experienced Maritime Attorneys: Cruise injury cases involve unique complexities such as jurisdictional rules and international laws. Legal counsel with maritime experience is vital to protect your rights.

Cruise lines often have large legal teams and insurers that may minimize payouts or deny claims. An experienced attorney can help you navigate claim procedures, advocate for fair compensation, and if necessary, pursue litigation to hold the cruise line accountable for negligence.

If you or a loved one has suffered injury aboard a cruise ship due to defective equipment or negligence, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm offers compassionate, knowledgeable representation. We handle maritime injury cases across Florida, helping victims secure the compensation they deserve.

Call us at (305) 638-4143 for a free consultation. We work on a contingency basis, so you pay nothing unless we win your case.

According to the Royal Bahamas Police Force, the ordeal began when a 35-year-old male South African crew member allegedly attacked a 28-year-old female South African crew member, stabbing her multiple times during an altercation onboard the vessel.

Following the attack, the suspect fled and jumped overboard from the massive cruise ship into the surrounding waters. Onboard rescue teams quickly sprang into action.

Passenger Alton Breiner, who witnessed the chaos firsthand, captured the dramatic rescue attempt on video. In one clip shared on his TikTok page and provided to NBC6, crew members can be seen scrambling as emergency responders attempt to locate and retrieve the man from the ocean.

Despite their efforts, the suspect was pulled from the water unresponsive and later pronounced dead by onboard medical staff.

The victim of the stabbing survived the attack and was reportedly stabilized by medical personnel onboard. The full extent of her injuries has not been released. It remains unclear what led to the violent confrontation between the two crew members.

The Royal Bahamas Police Force is leading the investigation, as the incident occurred within their jurisdiction. Authorities have confirmed that both the victim and the suspect were employed by Royal Caribbean and of South African nationality.

Those onboard the Icon of the Seas, billed as the largest cruise ship in the world, were left stunned and shaken by the unexpected violence. Passengers described the mood on the ship as somber, with many shocked that such a tragedy could unfold during what was meant to be a relaxing and joyful vacation experience.

While rare, violent incidents among cruise ship crew members do occur, raising ongoing concerns about crew mental health, working conditions, and conflict resolution procedures onboard. Crew members often work long hours in high-stress environments, sometimes for months at a time with little time off.

This incident will likely renew scrutiny on how cruise lines like Royal Caribbean handle staff disputes, background checks, and psychological evaluations, especially given the confined nature of life at sea.

As the investigation continues, legal experts may evaluate Royal Caribbean’s liability in the matter. Cruise lines have a duty to provide a reasonably safe working and living environment for both crew and passengers. Depending on the findings, questions could arise about:

• Whether any prior complaints were made involving the suspect
• How onboard security and medical responses were handled
• If mental health support was accessible to crew members
• Whether protocols were followed to prevent escalation

Injured crew members are typically covered under the Jones Act and other maritime labor laws, which entitle them to compensation for injuries sustained while working.

Royal Caribbean has yet to issue a full public statement about the incident, but the company is expected to cooperate fully with the investigation. Cruise safety advocates are calling for stronger mental health programs and enhanced security protocols to help prevent similar tragedies in the future.

If you or a loved one has suffered an injury or traumatic experience while on a cruise ship, it’s important to understand your legal rights under maritime law. Whether you’re a passenger or a crew member, Flanagan & Bodenheimer Injury and Wrongful Death Law Firm can help you explore your options.

Flanagan & Bodenheimer Injury and Wrongful Death Law Firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Miami Beach, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

If you or a loved one was injured in an accident, call us at 305-638-4143 for a free consultation.

In this comprehensive guide, we will explore what a contingency fee is, how it works in the context of personal injury law, and why it’s so important for injury victims seeking compensation. We will also cover the advantages of contingency fee arrangements, the typical percentage charged by personal injury lawyers, and other key details about how these fee structures operate.

What Is a Contingency Fee?

A contingency fee is a payment arrangement between a lawyer and a client where the lawyer’s fees are contingent, or dependent, upon the outcome of the case. Instead of charging the client an upfront fee or hourly rate, the lawyer agrees to accept a percentage of the final settlement or court-awarded compensation. This means that if the lawyer doesn’t obtain a successful financial recovery for the client, then the client doesn’t owe any legal fees.

Contingency fee agreements are common in personal injury and wrongful death law, where clients may be facing substantial medical bills, lost wages, and other financial hardships due to their injuries. This arrangement provides individuals with access to experienced legal representation without the risk of paying out-of-pocket costs during an already stressful time.

How Contingency Fees Work in Personal Injury Law

Here’s a step-by-step breakdown of how contingency fees typically work in personal injury cases:

1. Initial Consultation: Most personal injury lawyers, including Flanagan & Bodenheimer, offer free initial consultations. During this meeting, the attorney will assess the merits of your case, explain the contingency fee arrangement, and discuss the potential percentage they would take if the case is successful.
2. Signing the Agreement: Once you agree to work with the attorney, you will sign a representation agreement. This document outlines the percentage that the law firm will earn from the total recovery, if a successful financial recovery is made for the client.
3. Pursuing the Case: After signing the agreement, the attorney begins working on your case. This can involve investigating the accident, gathering evidence, negotiating with insurance companies, and preparing for trial if necessary.
4. Settling or Winning the Case: If your case is resolved through a settlement or a court judgment in your favor, the lawyer’s fees will be deducted from the total amount you receive. If the lawyer does not recover compensation for you, you won’t owe any legal fees.
5. Paying the Lawyer: The lawyer’s fee is paid directly from the settlement or award. After the contingency fee is deducted, the remaining funds are distributed to you, covering your medical bills, lost wages, and other damages.

Typical Contingency Fee Percentages

In personal injury cases, contingency fees usually range from 33% to 40% of the final recovery. The exact percentage can vary depending on several factors, including:

• The complexity of the case
• Whether the case goes to trial
• The amount of time and resources required to resolve the case
• The standard rate in the geographical area

For example, many personal injury lawyers charge a 33% contingency fee if the case is settled before filing a lawsuit. However, if the case goes to trial, the contingency fee might increase to 40% due to the additional time and effort involved in preparing for and conducting a trial.

At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are transparent about our contingency fee rates, and we will explain the fee structure during your initial consultation so that you fully understand what to expect.

Florida Bar Standards

The Florida Bar regulates attorney fees, including contingency fees for personal injury cases, through the Rules Regulating The Florida Bar, specifically Rule 4-1.5 (Fees and Costs for Legal Services). This rule governs contingency fee arrangements and requires lawyers to adhere to these limits unless the court authorizes otherwise.

For personal injury cases where the lawyer and client do not file a lawsuit and settle before litigation, the standard contingency fee is 33 1/3% of any recovery up to $1 million if settled before a lawsuit is filed. This percentage may increase to 40% if a lawsuit is filed, and a defendant denies liability in their answer.

Why Are Contingency Fees Important in Personal Injury Law?

Here are some key reasons why contingency fees are so important:

Access to Justice for All

Without contingency fees, many injury victims would be unable to afford the legal representation they need to pursue compensation. The costs of hiring an attorney on an hourly basis or paying a large retainer fee can be prohibitive for those who are already dealing with the financial fallout of a serious injury. By offering legal services on a contingency fee basis, personal injury lawyers make it possible for anyone to seek justice, regardless of their financial circumstances.

Motivation for Lawyers to Fight for Maximum Compensation

Because the lawyer’s payment is directly tied to the outcome of the case, contingency fee arrangements incentivize attorneys to work hard to secure the maximum compensation possible for their clients. The more money the lawyer recovers for the client, the more they earn. This arrangement aligns the interests of the lawyer and the client, ensuring that the lawyer is motivated to pursue the best possible outcome.

Minimizing Financial Risk for the Client

One of the most significant benefits of contingency fee agreements is that they minimize the financial risk for the client. In a contingency fee arrangement, the client does not have to pay any legal fees upfront, and they only pay if the lawyer successfully recovers compensation. This allows injury victims to pursue their claims without the fear of incurring additional financial burdens if the case is not successful.

Leveling the Playing Field

Personal injury cases often involve powerful defendants, such as insurance companies or large corporations, with vast resources and legal teams. Without the ability to hire an experienced attorney on a contingency fee basis, many injury victims would be at a significant disadvantage when facing these well-funded adversaries. Contingency fees allow injury victims to level the playing field by securing skilled legal representation without paying out of pocket.

Encouraging Strong Cases

Contingency fee arrangements also serve as a form of quality control in personal injury law. Because attorneys only get paid if they win, they are more likely to take on cases that have a strong chance of success. This means that contingency fee lawyers will carefully evaluate potential cases before agreeing to represent a client, ensuring that only valid claims are pursued.

What to Expect During Your Personal Injury Case with a Contingency Fee Lawyer

If you choose to work with a personal injury lawyer on a contingency fee basis, it’s important to understand what to expect throughout the process. Here’s a brief overview of the typical steps involved:

1. Case Evaluation: During your initial consultation, the attorney will review the details of your case, including how the accident happened, the extent of your injuries, and any relevant evidence. This is also when the contingency fee agreement will be discussed.
2. Investigation: Once you agree to work with the attorney, they will begin investigating the accident, gathering evidence, interviewing witnesses, and consulting with experts if necessary.
3. Negotiation: The attorney will likely begin negotiating with the insurance company to reach a fair settlement. They will handle all communication with the insurance adjuster and advocate for your best interests.
4. Filing a Lawsuit: If a fair settlement cannot be reached, the attorney may recommend filing a personal injury lawsuit. This will involve drafting and filing legal documents, preparing for trial, and representing you in court if necessary.
5. Settlement or Trial: Many personal injury cases are resolved through settlements, but some go to trial. Whether through negotiation or litigation, the attorney will work to secure the maximum compensation for your injuries.
6. Paying the Attorney: If your case is successful, the lawyer’s fees will be deducted from the settlement or court award.

Choosing the Right Personal Injury Lawyer for Your Case

When selecting a personal injury lawyer, it’s important to choose someone who not only offers a fair contingency fee arrangement but also has the experience, skill, and dedication to achieve the best possible outcome for your case. At Flanagan & Bodenheimer Injury and Wrongful Death Law Firm, we are committed to providing compassionate, client-focused legal representation. Our team has a proven track record of securing millions of dollars in settlements and verdicts for our clients, and we work tirelessly to ensure that injury victims receive the justice and compensation they deserve.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, cruise ship injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

If you’ve been injured in an accident in Florida and are considering hiring a personal injury lawyer, contact Flanagan & Bodenheimer today at 305-638-4143 for a free consultation. We will explain our contingency fee arrangement, assess your case, and help you understand your legal options.

We have handled well over 100 cruise ship injury claims against the major cruise lines in Miami.

Common Types of Cruise Ship Injuries Involving Children

Children can be particularly vulnerable to various types of injuries on a cruise ship due to their size, activity level, and curiosity. Some common injuries include:

Cruise Ship Slip and Falls

Cruise ships have numerous areas with wet surfaces, such as pool decks and spa areas. Several cruise ships are known to have problematic pool decks that become extremely slippery when wet – in some instances as slippery as ice.  Children who are running, playing, or even walking can easily slip and fall on these surfaces, leading to serious injuries like fractures, sprains, and head injuries.

Cruise lines owe a duty of care to use reasonable care under the circumstances to protect their passengers from dangers on the ships.  Thomas v. NCL (Bahamas), Ltd., 203 F. Supp. 3d 1189 (S.D. Fla. 2016) (Plaintiff represented by Michael Flanagan).

This includes regularly inspecting and promptly addressing wet or slippery surfaces.  Cogburn v. Carnival Corp., No. 21-11579 (11th Cir. Apr. 25, 2022) (Plaintiff represented by Michael Flanagan). 

In addition, if a cruise line knows an area is likely to become wet – like a pool deck or water park, then the cruise line has the responsibility to make sure that area is reasonably slip-resistant when wet.  Andersen v. Royal Caribbean Cruises, Ltd., 543 F.Supp 3d.1346 (S.D. Fla. 2021).

If the cruise line failed to properly maintain the area or did not provide adequate warnings such as Wet Floor signs, they may be found negligent and liable for the injury.

Trip and Falls

• Duty of Care: Cruise lines owe a duty of care to use reasonable care under the circumstances to protect their passengers from dangers on the ships.  This includes the duty to warn about dangerous conditions that the cruise line knew or should have known about.
• Frequent causes of trip and falls
  • Improperly built stairways
  • Elevated thresholds
  • Objects left in walkways

Medical Malpractice

A cruise line may be responsible for the medical malpractice of its onboard medical staff under many theories of liability including, negligence, joint venture, actual agency, apparent agency, and others.  See Christie v. Royal Caribbean Cruises, Ltd., 497 F. Supp. 3d 1227 (S.D. Fla. 2020) (Plaintiff represented by Michael Flanagan).

Common allegations of medical malpractice against cruise lines include, failure to evacuate a passenger to a hospital, failure to diagnose, failure to treat, failure to warn.

Playground or Waterpark Injuries

Many cruise ships feature playgrounds and recreational areas designed for children. Accidents can happen due to faulty equipment, poor design, lack of regular maintenance, or failure to reasonably operate the playground or waterpark.

• Product Liability: If the playground equipment is defective, the manufacturer, distributor, or cruise line may also be held liable under product liability laws.
• Maintenance Negligence: The cruise line is responsible for ensuring that all playground equipment is regularly inspected and maintained. Failure to do so can result in liability for injuries. Guevara v. NCL (Bah.) Ltd., 920 F.3d 710 (11th Cir. 2019).
• Failure to Warn:  Cruise lines have the responsibility to warn about dangers that are not open and obvious. Spall v. NCL (Bahamas) Ltd., 275 F. Supp. 3d 1345 (S.D. Fla. 2016)

Food Poisoning

Children are more susceptible to foodborne illnesses, which can occur if food is improperly stored, prepared, or contaminated. Symptoms can include severe dehydration, vomiting, and diarrhea, hospitalization, or death. Cruise lines are required to comply with health and safety regulations, including proper food handling and sanitation practices. To hold the cruise line accountable, it must be proven that the illness was caused by the cruise line’s negligence in food preparation or handling.

Excursion Accidents

Activities organized by the cruise line, such as zip-lining, snorkeling, or hiking, can result in injuries if proper safety measures are not in place. These excursions often take place in foreign countries with different safety standards.

• Vicarious Liability: Cruise lines can be held vicariously liable for the actions of third-party excursion operators if they fail to vet and ensure the safety standards of these operators.
• Duty to Warn: Cruise lines have a duty to warn passengers of potential dangers associated with excursions and to provide clear instructions on safety measures.  Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012).

Legal Considerations in Cruise Ship Injury Cases Involving Children

Pursuing legal action for injuries sustained by a child on a cruise ship involves several unique considerations:

Parental Responsibility

As a parent or guardian, you have the legal responsibility to act on behalf of your injured child. This includes filing claims and lawsuits to seek compensation for their injuries.  Ultimately, the settlement of a claim involving a minor child may require Court approval.  This is done either by seeking the approval of the trial judge or a guardianship court.  Depending on the amount of the settlement, the Court may allow the money to be disbursed to the guardian, or may require that a guardianship or trust be created for the child.  If attempting to settle a minor’s claim, you should be sure to follow the proper legal procedure to avoid adverse consequences.

Forum Selection Clauses

Most cruise lines include a forum selection clause in their ticket contracts, specifying that any legal action must be filed in a specific court, often the United States District Court for the Southern District of Florida. Our experienced maritime lawyers can help you navigate these clauses and ensure the lawsuit is filed correctly.

Statute of Limitations and Shortened Filing Deadline

The typical statute of limitations for maritime cases requires that a lawsuit be filed within three years of the date that the cause of action accrued.  However, the cruise line ticket contract typically imposes a shorter statute of limitations, often requiring that a lawsuit be filed within one year of the incident. This might seem outrageous, but the contractually shortened statute of limitations has been challenged and found to be legally permissible. However, there may be exceptions or extensions for cases involving minors, so it is essential to consult with an experienced cruise injury attorney to understand the applicable deadlines.

Proving Negligence

To succeed in a personal injury claim, you must prove that the cruise line was negligent and that this negligence caused your child’s injury. This could involve demonstrating that the cruise line failed to maintain safe conditions, provide adequate supervision, or warn of hazards.  Proving negligence in these cases takes a lot of work.  The cruise lines vigorously defend their cases and do not often enter into quick and easy settlements.  

Types of Damages

In cruise ship injury cases, compensation can cover medical expenses, pain and suffering, disability, disfigurement, loss of the capacity to enjoy life, mental anguish, lost wages (if applicable to parents), and future medical care or rehabilitation for the child.

Settlement vs. Trial

Many cruise ship injury cases are settled out of court. However, having an experienced attorney who is prepared to go to trial if necessary can improve the chances of obtaining fair compensation.

Steps to Take Immediately After a Child’s Cruise Ship Injury

If your child is injured on a cruise ship, taking immediate and appropriate action is crucial:

1. Seek Immediate Medical Attention

• Visit the Ship’s Medical Facility: Ensure your child receives prompt medical evaluation and treatment.
• Follow Up with Medical Care: After disembarking, seek further medical attention as needed and obtain detailed medical records.

2. Report the Incident

• Notify Cruise Ship Staff: Inform the nearest crew member or security officer about the accident.
• File an Official Report: Ensure that a formal report is filed and request a copy for your records.

3. Document the Incident

• Take Photos and Videos: Capture clear images and videos of the accident scene, your child’s injuries, and any contributing factors.
• Gather Witness Information: Collect contact details and statements from any witnesses to the incident.

4. Preserve Evidence

• Secure Physical Evidence: Keep any items related to the accident, such as clothing or personal belongings.  Store relevant evidence, like your shoes in a slip and fall case, in a sealed plastic bag and do not wear them again until your claim is concluded.
• Request Surveillance Footage: Ask the cruise line in writing to preserve and provide any available security camera footage of the incident if possible.

5. Consult with a Miami Cruise Ship Injury Lawyer

• Seek Legal Advice: Contact an experienced maritime lawyer who specializes in cruise ship injury cases involving children.
• Understand Your Rights: Get a clear understanding of your legal rights and the steps to take to pursue a claim.

Why Choose Our Miami Cruise Ship Injury Attorneys

Navigating the legal complexities of a cruise ship injury case involving a child requires specialized knowledge and experience. The unique considerations of parental responsibility, forum selection clauses, statute of limitations, and proving negligence make these cases challenging. Choosing a knowledgeable maritime attorney, especially one based in Miami, can provide the expertise and local insight needed to successfully pursue legal action and secure the compensation your child deserves.

Miami is home to the headquarters of many major cruise lines, and the U.S. District Court for the Southern District of Florida is often the only proper jurisdiction for filing cruise ship injury lawsuits. Our attorneys have local expertise and familiarity with these courts, as our offices are based in South Florida. Flanagan & Bodenheimer Injury and Wrongful Death Law Firm has a proven track record of successfully handling cruise ship injury cases and securing millions of dollars in compensation for clients. We provide personalized, compassionate, and effective legal representation to ensure you and your child receive the justice and compensation you deserve.

Our law firm specializes in personal injury cases, including car accidents, truck accidents, motorcycle accidents, medical malpractice, birth injuries, slip and fall accidents, negligent security, and wrongful death claims. Our experienced legal team is dedicated to serving clients throughout the state of Florida, including Miami, Hollywood, Fort Lauderdale, Aventura, Coral Gables, Kendall, Hialeah, Homestead, West Palm Beach, Orlando, Tampa, Jacksonville, and other surrounding areas.

If your child has been injured on a cruise ship, don’t navigate the legal waters alone, contact Flanagan & Bodenheimer at 305-638-4143 today for a free consultation. Let our experienced team guide you through the legal process and help secure the compensation your child needs to recover and move forward.

Due to the forum selection clause in the ticket contract, most cruise ship injury lawsuits involving U.S.-based passengers must be filed in the United States District Court for the Southern District of Florida, located in Miami. This applies regardless of where you reside or where the incident occurred. Filing in the correct jurisdiction is crucial to avoid having your case dismissed on technical grounds. 

Here’s a detailed guide on what to do if you find yourself in this unfortunate situation:

Common Types of Cruise Ship Accidents

Cruise ships can present a variety of hazards. Some of the most common types of accidents include:

• Slip and Fall Accidents: Wet decks, uneven surfaces, and poorly marked hazards can lead to slip and fall injuries, which are among the most common on cruise ships.
• Swimming Pool and Water Slide Injuries: Accidents can occur due to insufficient supervision, slippery surfaces, or defective equipment.
• Food Poisoning: Contaminated food or water can cause severe gastrointestinal illnesses.
• Excursion Injuries: Activities organized by the cruise line, such as snorkeling, zip-lining, or hiking, can lead to accidents, sometimes in foreign locations with different safety standards.
• Assault and Security Issues: Inadequate security measures can result in assaults or other criminal activities onboard.

The Ticket Contract and Its Importance

Before you embark on your cruise, you agree to a ticket contract with the cruise line. This contract includes critical clauses that affect your legal rights:

• Forum Selection Clause: This specifies where any legal disputes must be resolved, typically requiring that lawsuits be filed in a specific court.
• Notice of Claim Requirements: Most cruise lines mandate that you provide written notice of your injury claim within 180 days of the incident.
• Statute of Limitations: The contract often requires that you file any lawsuits within one year of the incident.

Understanding and adhering to these terms is crucial, as failing to do so can result in your claim being barred. You can review the ticket contracts for some of the most popular cruise lines here:

• Carnival Cruise Line Ticket Contract
• Royal Caribbean Ticket Contract
• Norwegian Cruise Line Ticket Contract
• Princess Cruises Passage Contract
• Celebrity Cruises Ticket Contract
• Disney Cruise Line Cruise Contract
• Virgin Voyages Ticket Contract

Follow these essential steps immediately after experiencing an injury on a cruise ship:

1. Seek Medical Attention

Your health and safety should be your top priority. Immediately after an accident:

• Seek Medical Attention: Visit the ship’s medical facility as soon as possible, even if your injuries seem minor. Prompt medical evaluation and treatment are crucial for your health and provide vital documentation for your injury claim.
• Follow Medical Advice: Adhere to any treatment plans or medical advice given by the ship’s medical staff.

2. Report the Incident

Reporting the accident is a critical step in documenting what happened and establishing an official record:

• Notify Ship Staff: Inform the nearest crew member or ship’s security officer about the incident.
• File an Official Report: Ensure that a formal accident report is filed. Be thorough in your description of the incident, including the time, location, and circumstances.
• Obtain a Copy: Request a copy of the accident report for your records.

3. Document the Scene

Gathering evidence immediately after the accident can significantly strengthen your case:

• Take Photos and Videos: Capture clear images and videos of the accident scene, your injuries, and any contributing factors such as wet floors or broken equipment.
• Document Conditions: Note the conditions that may have contributed to the accident, such as weather conditions, poor lighting, or inadequate signage.

4. Gather Witness Information

Witnesses can provide crucial support for your case:

• Identify Witnesses: Speak to any passengers or crew members who witnessed the accident.
• Collect Contact Information: Get their names, phone numbers, and email addresses in case you need a statement from them in the future.

5. Keep Detailed Records

Maintaining detailed records will help substantiate your claim:

• Medical Records: Keep all medical reports, treatment records, and receipts for medical expenses.
• Expense Log: Track all expenses related to the accident, including medical bills, travel costs for treatment, and lost wages.

6. Avoid Making Statements

Be cautious about what you say and to whom:

• Limit Discussions: Do not discuss extensive details about the accident with other passengers, crew members, or insurance representatives without speaking to an attorney first.
• Avoid Social Media: Refrain from posting about the accident or your injuries on social media, as these posts can be used against you.

7. Consult with a Cruise Ship Injury Lawyer

Navigating the legal complexities of a cruise ship injury case requires specialized expertise:

• Seek Legal Advice: Contact an experienced cruise ship injury lawyer as soon as possible. Our attorneys can provide guidance on your legal rights and the steps to take. Take advantage of our free consultations to discuss your case and understand your options. Call us at 305-638-4143 to get started.

9. Provide Written Notice to the Cruise Line & Prepare to File a Lawsuit

• Submit Written Notice: Ensure that the cruise line receives written notice of your claim within the timeframe specified in your ticket contract, typically within 180 days of the incident. Your chosen lawyer will handle this process and send the notice on your behalf.
• Gather Legal Documents: Work with your attorney to gather all necessary documentation and evidence to support your claim.
• File in the Correct Jurisdiction: Ensure that your lawsuit is filed in the appropriate court, typically the United States District Court for the Southern District of Florida in Miami for most major cruise lines.

Free Consultation With Our Cruise Ship Accident Lawyers

At Flanagan & Bodenheimer, we specialize in representing clients who have been injured on cruise ships. Our team understands the intricacies of maritime law and the specific requirements of filing cruise ship injury claims. We are dedicated to providing personalized, compassionate, and effective legal representation to ensure you receive the justice and compensation you deserve.

There are only a few law firms that routinely handle and successfully litigate against these powerful corporations, including our firm, Flanagan & Bodenheimer. We have recovered millions of dollars in cruise ship injury cases, demonstrating our commitment to achieving the best possible outcomes for our clients. Click here to see some of our law firm’s recent results.

If you or a loved one has been injured on a cruise ship, don’t navigate the legal waters alone. Contact Flanagan & Bodenheimer at 305-638-4143 today for a free consultation. Let our experienced team guide you through the legal process and help you secure the compensation you need to recover and move forward with your life.

Navigating the legal process of filing a lawsuit against a cruise line can be daunting, but with the right legal representation, you can achieve a favorable outcome. Trust the cruise line injury law experts at Flanagan & Bodenheimer to handle your case with the care and expertise it deserves. Our cruise ship injury attorneys are here to guide you through this complex process and ensure you meet all necessary deadlines. Call us today at 305-638-4143 for a free consultation in English or Spanish.

The Importance of the Ticket Contract

The ticket contract is a binding legal agreement between you and the cruise line. This contract includes critical clauses that dictate the deadline and jurisdiction for filing a lawsuit. Understanding and following these terms is essential for your claim to be successful.

Jurisdiction: Where to File Your Lawsuit

Most major cruise lines, such as Carnival, Royal Caribbean, and Norwegian, require U.S.-based passengers to file lawsuits in the United States District Court for the Southern District of Florida, located in Miami. This means that regardless of where you reside or where the injury occurred, you must file your lawsuit in this specific federal court.  It is very important that you read your ticket contract because some cruise lines have recently changed the venue or jurisdictional requirements for some passengers.

Time Limitations: Deadlines You Must Meet

Cruise lines impose strict time limitations for filing injury claims. Under federal law 46 U.S.C. 30508, these limitations are legally permissible. Typically, the ticket contract will require the following:

• Written Notice of Claim: You must provide the cruise line with written notice of your injury claim within 180 days (approximately six months) of the incident. This notice should detail the nature of the injury and the circumstances under which it occurred.
• Filing a Lawsuit: If you decide to pursue a lawsuit, you must file it within one year of the incident. Missing this deadline can result in your case being dismissed permanently.

The Legal Process: Step-by-Step

Filing a lawsuit against a cruise line involves several key steps, each requiring careful attention to detail and adherence to specific legal requirements. Here’s a detailed look at the process:

1. Seek Immediate Medical Attention

Before considering legal action, it’s essential to prioritize your health and safety. Seek immediate medical attention for any injuries sustained on the cruise. Not only is this crucial for your well-being, but it also provides documentation of your injuries, which is vital for your case.

2. Report the Incident

Notify the cruise ship staff about the incident as soon as possible. Ensure that a formal report is filed and that you receive a copy. This report serves as an official record of the accident and the circumstances surrounding it.

3. Consult with a Cruise Ship Injury Lawyer in Miami, Florida

Given the complexities of maritime law and the specific requirements of filing a lawsuit against a cruise line, it’s crucial to consult with an experienced cruise ship injury lawyer. At Flanagan & Bodenheimer, our attorneys specialize in cruise ship injury cases and can guide you through every step of the legal process.

4. Investigation and Evidence Collection

Your cruise ship accident attorney will conduct a thorough investigation into the incident. This includes collecting evidence such as medical records, witness statements, photographs, and any available surveillance footage. This step is critical for building a strong case.

5. Pre-Lawsuit Requirements

Before filing a lawsuit, cruise lines typically require that you provide them with written notice of your intent to file a claim within a specified period, often within six months of the injury. In some cases, failure to meet this deadline can result in the loss of your right to sue.

6. Filing the Lawsuit

Once the pre-lawsuit requirements are met, your attorney will file the lawsuit in the appropriate court. For most cruise lines, this means filing in the United States District Court for the Southern District of Florida in Miami. The complaint will outline the details of the incident, the injuries sustained, and the legal basis for the claim.  In order to file a lawsuit in this court, a lawyer must be admitted to practice in this Court. We are admitted to practice in the United States District Court for the Southern District of Florida.

7. Discovery Phase

After the lawsuit is filed, both parties enter the discovery phase. This involves the exchange of information and evidence between the plaintiff (you) and the defendant (the cruise line). Depositions, interrogatories, and requests for documents are common during this phase.

8. Negotiation and Settlement

In many cases, cruise lines prefer to settle to avoid the time and expense of a trial. Your attorney will negotiate on your behalf to reach a fair settlement that adequately compensates you for your injuries and losses.

9. Trial

If a settlement cannot be reached, the case will proceed to trial. Both sides will present their evidence and arguments, and a judge or jury will determine the outcome. Given the complexities of maritime law, having an experienced attorney from Flanagan & Bodenheimer is invaluable during this stage.

Why Choose Flanagan & Bodenheimer Injury and Wrongful Death Law Firm

When facing the aftermath of a cruise ship injury, choosing the right legal representation can make all the difference in the outcome of your case. At Flanagan & Bodenheimer, we understand the complexities and nuances of cruise ship injury cases and are dedicated to guiding you through every step of the legal process. Here’s why you should trust us with your case:

Extensive Experience in Maritime Law

Cruise ship injury cases are governed by maritime law, a specialized area of law that differs significantly from standard personal injury law. Our cruise injury attorneys have extensive experience handling maritime law cases. We are well-versed in the specific statutes, regulations, and legal precedents that apply to injuries sustained on cruise ships. This deep understanding of maritime law allows us to navigate the unique challenges of these cases effectively.

Track Record of Success

We have a proven track record of successfully representing clients against major cruise lines including Royal Caribbean, Norwegian, Carnival, and others. Our team has secured significant settlements and verdicts for our clients, holding cruise lines accountable for their negligence. This success is a testament to our thorough preparation, strategic approach, and relentless pursuit of justice for our clients.

Personalized Legal Representation

At Flanagan & Bodenheimer, we believe in providing personalized legal representation tailored to each client’s unique circumstances. We understand that every case is different, and we take the time to get to know you, understand your situation, and develop a legal strategy that aligns with your specific needs and goals. Our personalized approach ensures that you receive the attention and support you deserve throughout the legal process.

Trial Experience

We employ a strategic approach to every case we handle. This includes a thorough investigation of the incident, identifying all liable parties, and developing a strong legal argument to support your claim. Our personal injury attorneys are skilled negotiators and litigators, prepared to take your case to trial if a fair settlement cannot be reached. We leverage our expertise and resources to maximize your chances of a favorable outcome.

Contact Our Miami Cruise Ship Injury Attorneys For a Free Consultation

If you or a loved one has been injured on a cruise ship, don’t navigate the legal waters alone. The team at Flanagan & Bodenheimer is here to help. Contact us at 305-638-4143 today for a free consultation. During this consultation, we will review the details of your case, answer your questions, and provide you with a clear understanding of your legal options. Let our experienced team guide you through the legal process and help you secure the compensation you need to recover and move forward with your life.

By choosing Flanagan & Bodenheimer, you are choosing a team of dedicated attorneys who will stand by your side, advocate for your rights, and work tirelessly to achieve justice on your behalf. Contact us today to get started.

Cruise ship accident cases are usually governed by the general maritime law of the United States, federal statutes and treaties, the federal rules of civil procedure, and the federal rules of evidence.  There are some circumstances, however, when federal law can be supplemented with the law of a State, if it is not inconsistent with the maritime law. 

If you are considering handling a cruise ship accident case, then a good place to start your analysis is the ticket contract.

Cruise Line Ticket Contracts

First, you need to know what your client’s ticket contract says. Your client might not be aware that they agreed to a ticket contract, but every passenger (with few exceptions) who goes on a cruise ship agrees to the terms of the ticket contract which are published online on the cruise line’s website. Here are some of the ticket contracts for the most popular cruise lines:

• Royal Caribbean Cruises Ticket Contract
• Carnival Cruise Line Ticket Contract
• Norwegian Cruise Line Ticket Contract
• Disney Cruise Line Ticket Contract

Cruise Line Lawsuit Forum

The first thing you should look for in the ticket contract is the forum for where your client’s lawsuit must be filed. Usually, against many of the major Cruise Lines such as Royal Caribbean, Carnival, and Norwegian, your client’s case will have to be filed in federal court in Miami, Florida, specifically the United States District Court for the Southern District of Florida. You must file that lawsuit in less than one year from the date of your client’s accident; otherwise, your case will be barred forever.

In some instances, where the injured person resided at the time that they purchased their ticket contract may affect whether the forum will be in Miami, Florida, or in a foreign country.  Be sure to consider this in deciding whether you want to accept the case.

Written Notice for Cruise Lines

The second thing you should look for in the ticket contract is when you have to put the cruise line on written notice of the claim.  Usually the ticket requires written notice be provided with “full particulars” within six months of the accident. There are some ways around this requirement if your client reported the incident on the cruise ship and filled out some forms that the cruise line gave to them at the ship’s medical facility. However, if your client didn’t inform the cruise line, and the cruise ship had no knowledge about the incident and didn’t investigate, you must get your notice out quickly and comply with the terms of the ticket contract. The ticket contract expressly states how the notice must be sent, when it must be sent, and where it must be sent.  Notice to the cruise line does not necessarily provide notice to third parties like product manufacturers or tour operators who can claim that failure to provide notice bars the claim.

Pleading Standard

After you get past the ticket contract and you’ve filed your case in the United States District Court for the Southern District of Florida, you need to know how it works here. There is a pleading standard that you have to comply with; you have to plead specific facts for what happened. If your client has a slip and fall, for example, you have to plead prior incidents in detail. You have to be prepared to identify who had a prior slip and fall, where the slip and fall was, when the slip and fall was, and basically, in your complaint, prove that this prior incident is substantially similar, or it may get disregarded.

Here are links to some of the most recent cases about pleading in cruise ship cases from the United States District Court for the Southern District of Florida and the 11th Circuit Court of Appeals:

• Newbauer v. Carnival Corporation
• Peavy v. Carnival Corporation
• Dunn v. NCL (BAHAMAS) Ltd.
• Estate of Pankey by Terry-Brown v. Carnival Corporation

Time Constraints and Depositions

Generally, your discovery window will be very short.  You might receive a scheduling order providing you with as little as three months to complete all of your discovery – which is not a lot of time. This is especially true when you can expect a motion for summary judgment to be filed at the conclusion of the discovery period.  In some cases, you will need to take depositions all over the world during your brief discovery period.  In a medical malpractice case against a cruise line we took depositions in: South Africa, the Philippines, Canada, Puerto Rico, Atlanta, Miami, Minnesota, California, Tampa, and Virginia. If you’re going to take on one of these cases, you need to be ready to travel and commit your practice to handling this case. Because you will have very little time to complete your discovery, you cannot afford to put off taking deposition or sending discovery.  In fact, you need to know what discovery you need to prove your case before you start taking depositions.  That’s where experience handling these cases and knowledge about how the cruise lines operate their ships and business is a tremendous advantage.

Contact us to Discuss Your Cruise Ship Accident Case

The moral of the story is: don’t go it alone. Whether you have questions, need advice, or are looking to collaborate on a case, don’t hesitate to reach out to us. We are committed to helping you navigate these challenging waters successfully.

Contact us at 305-638-4143 or complete our online form to discuss your cruise ship accident case.

About the Case: Slip & Fall on the Carnival Ecstasy

In this case, we represented Marjorie Cogburn against Carnival Corporation. Ms. Cogburn and her husband took a cruise in 2019 on the Carnival Ecstasy to celebrate their wedding anniversary. On the second day of the cruise, Ms. Cogburn and her husband went to get dinner and walked along an area of the ship called “City of Lights Boulevard.” As Ms. Cogburn was walking, she slipped and fell on a brown liquid on the dark-colored tile floor, suffering a very serious injury. Ultimately, she required two surgeries, including a partial hip replacement.

During discovery, our firm uncovered that several prior slip and fall incidents had occurred on the same or similar walkways to the one where Ms. Cogburn fell. We also found evidence that the ship’s Chief Security Officer was aware that passengers were spilling drinks on the walkway. Despite this evidence, the district court granted summary judgment in favor of the cruise line on the basis that the cruise line did not have actual or constructive notice of the dangerous condition.

About the Appeal: The Role of a Single Similar Prior

On appeal, the Eleventh Circuit reversed the district court. Specifically, the Eleventh Circuit held that because there was at least one prior incident of a slip and fall that occurred in a similar location to the area where Ms. Cogburn fell, the evidence established that “Carnival had constructive knowledge of the risk-creating condition. . .” Notably, the Court also wrote that “Because Cogburn came forward with evidence of a substantially similar prior incident, we conclude that she established notice of the risk-creating condition.” This is an important sentence in the opinion because it seems to suggest that a single similar prior may be enough to establish notice in these types of slip and fall cases.

Learn More from Flanagan & Bodenheimer

This case presents a few important points for practitioners handling these types of slip and fall cases against cruise lines.

First, you need to work hard in the discovery process to find prior incidents. Although you may get objections to your initial requests for this type of information, plaintiffs are entitled to this information, and you should fight to get as much of this information as you can.

Second, when you learn about a prior incident, gather information about the details surrounding the prior incident. The law places the burden on the plaintiff to prove substantial similarity between prior incidents and the case you are handling. Typically, this will require you to prove similarity in the type and location of the prior incident. This can be accomplished by getting contact information for the person involved in the prior incident and taking their deposition.

If you would like our firm to handle your slip and fall case against a cruise line, or you are a lawyer who has a case and would like some guidance, feel free to contact us, we are happy to share as much information as we have. We can be reached via our online contact form or by dialing (305) 638-4143.

You can find the full opinion at the link below: https://media.ca11.uscourts.gov/opinions/unpub/files/202111579.pdf

Maritime Law versus Admiralty Law

Many have used these terms interchangeably in recent times, but there is some question as to whether admiralty law and maritime law are one and the same. Originally, the term “admiralty” referenced a particular judicial court in English and American colonies. This specific institution presided over torts and contracts on the high seas. Eventually, the jurisdiction of the admiralty court expanded to include not just injuries and losses at sea, but those on any navigable waters.

In contrast, “maritime law” is an area of law that stemmed from this expansion in order to consider, address, and rectify the often hazardous working and traveling conditions and the distinctive conflicts involved in many commercial undertakings offshore. In the early years of this body of law, there were a few landmark cases that addressed the obligations of shipowners to their crew members and the rights of sailors and employees of the vessels.  Early admiralty law in the 1800’s favored shipowners and restricted seamen’s rights.  However, maritime law has become very favorable to seaman and recognizes that crew members work in dangerous conditions often for low wages, and are at the mercy of the vessel – they rely on the ship for food, water, and medical care.

Even though the terms have vastly different origins, many of their differences have been set aside and watered down throughout the years and the terms are often used synonymously.

What Kind of Incidents Are Covered?

Now that we’ve addressed the origins and differences of the terms, let’s take a look at exactly what is covered under this expansive area of law. Typically governed by Federal District Courts, maritime law is usually a combination of local U.S. law and international laws which rule over all torts, contracts, injuries, and/or offenses that occur on, in, or near navigable waters. Some examples of incidents covered under maritime law might include, but not be limited to:

• Commercial shipping accidents in which the vessel or cargo is damaged.
• Errors and omissions on behalf of commercial vessel owners.
• Piracy and other criminal activity.
• Contract fraud and/or violation.
• Pollution resulting from spilling or leaking of hazardous materials
• Vessel employee injuries and/or wrongful death.
• Ship owner’s to comply with maritime labor regulations.

These are just a few examples of some incidents that may fall within maritime law. Vessel owners and their operators, including cruise ship owners and operators, are held to a certain standard of care for the people and products on their ships. If you were injured as a cruise ship employee or even as a passenger, you may have a valid maritime case against the cruise line.

Is There a Statute of Limitations?

Did you know that most, if not all, legal actions must be filed within a certain time frame once the questionable act, offense, or omission has occurred? The statutes prescribing this time frame are referred to as the statute of limitations. There are many factors that go into the determination of the statute of limitations for maritime legal matters, and the amount of time you, a loved one, or other key person has to file a legal action is limited. Below, we’ve listed a few of the more common legal acts and their corresponding statutes of limitation:

• Death on the High Sea Act. Under this act, family members and other parties claiming interest on behalf of the deceased are allowed three years to file wrongful death claims.  Claims filed under local state laws, like the Florida Wrongful Death Act may be subject to shorter statutes of limitations.
• The Longshore Harbor and Workers’ Compensation Act. In cases governed under this act, generally, a plaintiff must bring his or her suit within one year of the alleged incident or accident to be considered eligible for legal compensation.  In the alternative, the Longshoreman may bring his case within one year of having his LHWCA benefits terminated.
• The Jones Act. Under this act, any legal action or personal injury claim must be filed within three years of the accident, or within three years from the time the victim knew or should have known of his or her injury.
• Cruise Line Passenger Cases.  Generally, the cruise lines insert language into their ticket contracts that deprive passengers of their legal rights under maritime law.  For example, nearly every cruise line requires passengers to waive the normal three-year statute of limitations in favor of a one-year statute of limitations.  The cruise lines have been very successful in having cases filed more than one year after the date of the incident dismissed for failure to comply with the ticket contract.

It is important to note that maritime statutes of limitation are like any other legal statute of limitation. If your suit is not brought within the prescribed period of time following the accident or incident, you will be unable to recover damages from the responsible party. If you believe you are eligible for a maritime case against a cruise line and you aren’t sure what the applicable statute of limitations is, be sure to contact a reputable cruise injury lawyer.

How Can I Locate a Reputable Lawyer?

This is a question commonly asked by parties who feel they’ve been wronged by their maritime employer. If you’re searching for a reputable lawyer to handle your maritime law matter, you can begin your searches online. We always recommend interviewing several attorneys to learn more about their ethics, retainer, caseload, and specialty prior to allowing them to handle your case. If your legal matter involves injury as an employee or passenger on a cruise ship, be sure to contact our office today.

Contact our Miami personal injury attorneys today at (305) 638-4143! We look forward to speaking with you!

For Disney Cruises, the ticket contract for US cruises can be found at https://disneycruise.disney.go.com/contracts-terms-safety/terms-conditions/united-states/.  Disney requires that its passengers provide written notice of their claim within six months of the date of their incident.  Disney also that passengers file a lawsuit within one year from the end of their cruise.  These are the shortest time frames possible under federal law.

Disney Cruise Line Ticket Contract Introductory Language

Disney Cruises requires that its passengers sue it in “any court of competent jurisdiction in Brevard County, Florida or in the United States District Court for the Middle District of Florida.”

It is our experience that if sued in Brevard County, Florida, Disney Cruise Line does not attempt to remove cases to the United States District Court for the Middle District of Florida (Federal Court).  This is important to note because all Miami-based cruise lines require that they be sued in federal court.  The Miami-based cruise lines will remove your case to federal court if you file suit in state court.

What Is the Difference Between Suing a Cruise Line in State Court versus Federal Court?

There is a big difference.

Jury Selection

First, in federal court, there is (usually) no jury selection allowed by the lawyers.  Most trial lawyers agree that jury selection is the most important part of the trial.  But in federal court, the lawyers don’t really get to participate in jury selection.  Federal jury selection (usually) means that the judge asks whatever questions he or she deems should be asked of the potential jurors – that’s it.  Although, some judges allow the lawyers to ask ten or fifteen minutes of questions total to the twenty or thirty people that could potentially sit on your jury of six.  That means the lawyer has approximately thirty seconds to question each potential juror on the panel.  That simply not enough time to learn anything meaningful about the jurors that will decide your case.  In the in-state court, we have hours or sometimes days to question our potential jurors.  This gives us a real opportunity to learn about which jurors are the right jurors or wrong jurors to decide your specific case.  When courts allow a full jury selection, as is done in Florida state courts, both parties benefit from obtaining a fair and impartial jury.

Discovery

Second, in federal court, there are very short and strict discovery deadlines.  This means that we have less time and ability to obtain the information that we need to prove your case.  By contrast, when we sue Disney cruise lines in Florida state court we have a greater ability to control the pace of discovery.

Summary Judgment Standard

Third, in federal court the burden we bear to survive dismissal by summary judgment is much higher.  Thus, we have less time to obtain the information we need to prove the case and we need to meet (what basically amounts to) a higher burden of proof just to get your case to a jury.  Federal courts regularly dismiss cruise line injury cases at the summary judgment stage.  In the in-state court, dismissal at the summary judgment stage is a rarity.

Litigating Against Disney – Dealing With Disney as a Defendant

In our experience, Disney produces the information that it should produce and does not hide information.  It also respects its passenger and is generally reasonable in attempting to resolve cases when it is right to do so.  However, Disney does require that attorneys execute a confidentiality agreement limiting the disclosure of internal Disney Cruise Lines documents to the public.

Importantly, however, Disney Cruise Line respects its crewmembers’ right to a jury trial in the United States.  While nearly every other cruise line has forced its crew members to waive their rights to a jury trial and engage in confidential international arbitration under foreign laws, Disney Cruise Lines recognizes that its crew has the right to file a lawsuit against it in the United States.  This is a very complicated issue.  However, you can find more information about it in our coming post-International Arbitration Deprives Crew Members of Their Right to a Public Jury Trial.

Feel free to contact us if you wish to discuss your potential cruise ship injury claim against Disney Cruise Lines.  You can reach us at (305) 638-4143.

Recognized as a Super Lawyers® Rising Star, Michael T. Flanagan is a Miami cruise accident lawyer who has the knowledge and experience needed to handle your injury case with the skill and attention it deserves. Mr. Flanagan has obtained millions of dollars for those who have been injured while on a cruise ship, and he is not afraid to go toe-to-toe against the major cruise lines to fight for justice. Contact our firm today to schedule your free case evaluation.

What to Ask an Injury Attorney

How Long Have You Been Practicing?

Experienced cruise ship injury lawyers will have years of experience handling cases just like your own. Some attorneys may have more experience than others, and it can be common to feel more confident in an attorney who has 50 years of experience versus 15 years of experience. Be sure to inquire as to the specific practice area in which your potential lawyer has the bulk of their experience. Just because they have been representing personal injury clients for 50 years doesn’t mean they have the in-depth knowledge of maritime law that a cruise accident attorney does.  In addition, many times older lawyers are less involved in handling their client’s cases day-to-day.  Most of the day-to-day work may be delegated to another attorney that you may never meet.

How Often Do You Handle Cruise Accident Cases?

In order to properly represent clients for personal injury incidents occurring on a cruise ship, attorneys must ensure that their skills and knowledge are up to speed with the ever-changing landscape of maritime law. The laws that govern today’s cruise accident cases are not the same as those that were applicable 10 years ago. In fact, the law that applies to your cruise accident case (as interpreted by our courts in Miami) changes frequently  If your potential legal counsel hasn’t handled a cruise injury case for many years, or if cruise law is not their primary area of practice, that could indicate they are not as qualified as an attorney who currently has several open cruise injury cases.

What Types of Verdicts and Settlements Have You Secured?

No two personal injury cases are alike and pain and suffering can vary from person to person. Some may caution you against using prior case results to influence your choice in legal representation. While no attorney can guarantee the outcome of your case, they can provide you with high-level details related to prior verdicts and settlements. Some attorneys have more litigation experience than others, and in the event, your case goes to trial, you deserve to work with an attorney who has a proven track record of obtaining positive verdicts and settlements for other cruise injury victims.

Who Will Be the Point of Contact on My Case?

When you have been seriously injured, even the simplest tasks can leave you exhausted. You should never have to worry about speaking with a different paralegal every time you call your attorney’s office, and so it is important to determine who will be the main point of contact on your case in your attorney’s absence. Forming a rapport with this point of contact will ensure a working relationship that is built upon trust and understanding, something that is key for your comfort and satisfaction. Having a single point of contact will also ensure that important phone messages and emails don’t fall between the cracks and delay your case unnecessarily.

Experienced Miami Cruise Accident Lawyer

More often than not, forum selection clauses and ticket contracts require that cruise injury lawsuits be filed in the United States Federal District Court for the Southern District of Florida. This means that if you want to pursue legal action against the cruise line and you are considering hiring an attorney, you will likely need a cruise accident lawyer in Miami to handle your case. Michael T. Flanagan is recognized by:

• The National Trial Lawyers – Top 40 Under 40
• The National Association of Distinguished Counsel
• Super Lawyers – Rising Stars
• Million Dollar Advocates Forum
• America’s Top 100 Attorneys – Lifetime Achievement Award

Our legal team is happy to speak with you to evaluate the merits of your case, and you can rest assured that we will be completely transparent with you about whether or not our firm is the best fit for your individual circumstances. Schedule your free case evaluation today to get started.

We handle cruise ship injury cases throughout Miami. If you or a loved one were injured while on a cruise, call us at (305) 638-4143 today. We will gladly provide a free case evaluation to determine the merits of your case.

Emergency Medical Situations

Chest Pain or Pressure

Experiencing pain or pressure in your chest is scary enough when you are safely on land in close proximity to a hospital. When you are in the middle of the ocean on a cruise ship, it can be terrifying. Chest pain can have a wide variety of causes, and whether it is a sharp, burning pain or a dull aching discomfort, you deserve the benefit of a quality medical diagnosis. In order to determine the exact cause of your pain, it is likely that several medical tests will need to be run to rule out the potential of serious concerns like a heart attack. While some cruise lines may have the needed medical equipment to conduct tests like an EKG to determine whether you have had or are having a heart attack, they have little to no ability to handle the situation and provide you the medical care that you will need.

Gastrointestinal Illness

Cruise goers shudder at the thought of a stomach bug while sailing the high seas. However, on a cruise ship, a seemingly simple stomach bug can quickly escalate to a highly contagious gastrointestinal illness. Because there are thousands of people in close proximity to each other for several days, viruses like norovirus can spread quickly on a cruise ship, and when it does, the consequences can be disastrous. In addition to possibly being confined to your cabin and missing excursions, without proper diagnosis and treatment, you could wind up hospitalized due to complications, including dehydration.  Cruise ships have protocols designed to curb these outbreaks that are sometimes effective.

Broken Bones

No one wants to think about his or her cruise vacation ending with an injury that requires surgical care. However, if you suffer a broken arm or leg while on a cruise ship, your relaxing trip could come to an abrupt halt. A broken bone may require surgical intervention to be properly treated, and not all cruise ships have medical facilities that have the necessary equipment to perform this complex, high-level care. If you experience this type of medical emergency while you are out at sea, your care may be transferred to the physicians at the closest port of call.  If possible, you should immediately end your vacation and seek medical care in your hometown.  We have handled many cases where injuries like broken bones became much more serious because of the ship doctor’s failure to appropriately diagnose and treat a common injury.  Moreover, even if you are sent to a doctor in the nearest port of call, oftentimes these doctors commit malpractice.  If you need to make a claim against one of these doctors, the cruise ship will claim that it did not vouch for the doctor, has no connection to the doctor, and deny responsibility.  Be sure to see a doctor that you know and trust.

Dangers of Misdiagnosis

In the event that you suffer some sort of major trauma while on a cruise, you deserve the same quality medical care that you would receive at home. In the absence of competent medical care, many cruise passengers fall victim to medical negligence and medical malpractice at the hands of cruise ship doctors. This can lead to mistreatment and misdiagnosis, which may lead to longer recovery times, amputations, permanent injury, and even death. If you have experienced a medical emergency while on a cruise and you feel that you received improper care, it can be beneficial to hire a medical malpractice attorney who specializes in cruise ship injury cases.

Miami Medical Malpractice Attorney

Do you feel as though you have been the victim of medical malpractice while being treated for an injury that you sustained while on a cruise? If so, you have limited time to seek counsel and make a claim against the cruise line. Our team of legal experts has years of experience litigating against the world’s largest cruise lines, and if you are searching for a knowledgeable medical malpractice attorney, our team would love to speak with you. Contact us today to request your consultation.

As a leading cruise injury lawyer in Miami, Michael T. Flanagan has helped countless passengers who have been injured on cruise ships. Our office will gladly speak with you to determine what legal course of action you may have against the cruise line. Call us at (305) 638-4143 today to request your free case evaluation.

Cruise Medical Care Information

Hours of Operation

When you first board the ship, it can be beneficial to familiarize yourself with the infirmary’s hours of operation and location for future reference. Depending on what type of cruise you are on, ship activities may go on well into the night. Because of this, many passengers mistakenly believe that the ship’s infirmary is open, no matter the time of day. Although cruise ship doctors are on call 24 hours a day, the medical facility likely has operational hours similar to those of the doctor offices you would find at home.

On many ships, medical services are located on the lower level. This means it could take you some time to get to the medical facility. If you become injured or require some type of medical attention, it may be wise to contact the front desk prior to making the journey to the medical center.

Medical Discretion

Cruise ship doctors have the responsibility of keeping passengers safe and healthy while treating whatever medical conditions a patient presents. This responsibility gives ship doctors the medical discretion to determine whether or not a passenger should be quarantined to his or her cabin. In cases of highly contagious gastrointestinal illnesses, doctors have been known to order that affected patients remain in their cabins to prevent a widespread outbreak on the ship.

In addition to determining whether or not a passenger should be quarantined, a cruise ship doctor has the medical discretion to determine whether or not he or she has the skills and equipment needed to properly treat a patient. This means there is a potential that you cannot be treated on the ship and instead must disembark and seek treatment at the next port of call to receive proper medical treatment. Failure to properly use this medical discretion could result in a patient suffering unnecessary injury or harm because of the doctor’s medical negligence.

Do you feel as though you have been the victim of medical negligence on behalf of a cruise ship doctor? Call cruise injury lawyer Michael T. Flanagan today for a no-cost, no-obligation evaluation of your case.

Prescriptions and Payment

Similar to visiting your family physician at home, you should expect to be charged for the time and services of a ship’s medical crew. For the convenience of guests, infirmaries often have over-the-counter medications for sale, such as allergy, cough, cold, and seasickness pills. However, they are often sold at a premium, and the medical center may or may not accept your personal health insurance. Although they carry many over-the-counter medications, medical centers may not carry everyday prescription medications. As such, passengers should make sure they have enough to last the duration of the trip.

Many of the major cruise lines offer medical coverage that is designed to help with the unexpected expenses of illness and medical emergencies. Likewise, if you purchased travel insurance when you booked your vacation, there may be some medical coverage available under that plan. Cruise lines may also be willing to bill medical expenses to a credit card. Making sure that you understand the acceptable means of payment prior to setting sail can make a potential injury less stressful.

Operational Guidelines

Just as there are medical guidelines that your doctor at home is expected to adhere to, there are also operational guidelines that apply to cruise ship medical facilities. Cruise lines that are part of the Cruise Lines International Association (CLIA) have agreed to meet or exceed guidelines pertaining to the facilities, staffing, equipment, and procedures for medical centers on cruise ships. These guidelines were formed by the American College of Emergency Physicians (ACEP).

These guidelines are intended to ensure reasonable emergency medical care, diagnostic and therapeutic intervention, and to facilitate evacuating seriously ill or injured passengers. Because most of the world’s major cruise lines belong to CLIA, you should expect a high quality of medical care if you become ill or suffer some type of injury while on a cruise. In the event that you receive a lesser degree of care than you feel was reasonably due and you suffered injury or monetary damages as a result, you may have a meritorious medical negligence claim.

Need a Cruise Injury Lawyer in Miami?

Have you suffered some type of injury while on a cruise because of the cruise line’s negligence? If so, it is important to take action as soon as possible. An experienced cruise injury lawyer can help you cut through the red tape of cruise ship law and the Jones Act to help you get the compensation you deserve. We always stand ready to help you with your case. Contact us today.

Our Miami cruise accident lawyers specialize in helping injured cruise passengers recover against the cruise lines. To request a free case evaluation, contact our firm today.

Specialized Experience and Knowledge of Cruise Ship Accident Cases

If you are injured in a cruise accident it can be tempting to contact a local lawyer for help.  However, your local lawyer might do you more harm than good by treating your cruise accident case as an ordinary personal injury case.  While the principles of negligence are universal among personal injury cases, the similarities stop there as maritime law and the other specific regulations that apply to cruise law are different. Additionally, an experienced cruise accident lawyer will be well-aware of the major cruise line’s ticket contracts and lawsuit filing requirements. Failure to comply with these legal hurdles will result in the dismissal of your case.

The “Ticket Contract” and How It Affects Your Legal Rights in a Cruise Ship Accident

Passenger cruise accident cases are subject to a “ticket contract.”

When you purchased your cruise ticket you agreed to the terms of the cruise line’s ticket contract.  This is true whether you read it, or not. Ticket contracts are several thousand words long and often favor the cruise line. The ticket contract will affect your right to compensation for the negligence of the cruise line and its employees. Moreover, most ticket contracts significantly impact the statute of limitations for cruise accident claims and the lawsuit filing requirements.

Ticket Contract Details

Below are some examples of how your cruise ticket contract affects your rights:

Statute of Limitations

A statute of limitations defines the deadline for when you must file a lawsuit. In a typical maritime injury case, the statute of limitations is three years from the date of the injury.  This means that you would have three years from the date of your injury to file a lawsuit against the defendants. However, most cruise ticket contracts dramatically shorten this time period to only one year.  The purpose of this dramatically shortened filing deadline is to be a trap for the unwary lawyer or passenger. Routinely, courts have dismissed passenger cases for failure to comply with this deadline.

Forum Selection Clause

When you choose to file a lawsuit against a person or entity, you usually can choose where to file. This is not the case when filing a lawsuit against a cruise line.  Most cruise ticket contracts specify that your case must be filed in the United States District Court for the Southern District of Florida. Therefore, your legal proceedings will take place here, in Florida, whether you have ever been to Florida or not.  If you fail to file your case in the appropriate court within the one-year deadline your case may be dismissed.  Please see our page on ticket contract forum selection clauses for more information.

Notice Requirements

Many cruise ship ticket contracts require that passengers provide written notice of their claim to the cruise line within 180 days of the date of their incident.  Failure to do so may be grounds for dismissal of your claim.  There are exceptions to this rule.  You should contact an experienced cruise accident attorney to determine if your case meets an exception to this rule.

You should contact an experienced cruise accident lawyer to ensure that your case is presented to the correct court within the timeframe required by the ticket contract.  Out-of-state lawyers contact us regularly to handle cruise accident cases for their clients.  Unfortunately, we have declined many cases because the referring lawyer failed to comply with the ticket contract and waited too long, sometimes years too long, to contact us.  Don’t make the same mistake.

Below are links to the online version of the current cruise ticket contracts utilized by some of the major cruise lines.  However, you should be sure to review your ticket contract, individually.

Royal Caribbean Cruises, Ltd

Norwegian Cruise Line

Carnival Cruise Line

Types of Cruise Ship Accident Cases

There are many different types of cruise ship accident cases.  Some of the most common types of cases that we see are described below:

Slip-and-Falls

Slip-and-falls are the most common type of cruise ship accidents that we see.  Slip and falls frequently occur on the pool deck, dining halls, and tiled flooring surfaces on the ship.  There is a simple reason why these are the common areas where people suffer cruise ship accidents.  These flooring surfaces are frequently smooth, shiny, covered with contaminants (grease, sunscreen, oil) and wet.  Our firm has prosecuted cases for negligent selection of flooring surfaces, negligent maintenance, failure to warn of dangerous spills, failure to clean the spills, and a variety of other theories of liability related to cruise ship slip and fall accidents.  When these cases involve allegations of unreasonable flooring surfaces like Bolidt or API decking, we use experts to prove that the usage of these flooring surfaces is unreasonably dangerous.  Experts will compare the condition of the flooring surface that caused the fall to applicable industry standards including The Safety of Life At Sea (SOLAS) Convention, the Life Safety Code, and the ASTM standards.  Frequently, poorly maintained flooring surfaces lead to cruise ship accident cases.

For more information about slip and falls, please visit our page specifically dedicated to cruise ship slip and fall cases.

Medical Negligence

Unfortunately, medical negligence is a common occurrence on cruise ships.  Most of the cruise ship medical negligence cases that we see relate to failure to timely diagnose and treat medical conditions. In order to win a cruise ship medical negligence case, you must prove medical negligence and agency.  These types of cruise ship accident cases can be very complex and expensive so our firm is very selective about which cruise ship medical negligence cases we accept.

Trip-and-Falls

Trip and falls are another common case type that we see.  Trips and falls are most often caused by a hidden or camouflaged condition on the ship that causes a passenger to fall.  In order to prove a cruise ship accident case caused by a trip and fall, we usually rely on expert witnesses.  Experts will compare the condition that caused the fall to applicable industry standards including The Safety of Life At Sea (SOLAS) Convention, the Life Safety Code, and the ASTM standards.  Incredibly, the cruise lines frequently argue that because they sail in international waters, no safety standards, except Coast Guard regulations apply to their ships.

You Need a Miami Cruise Ship Accident Lawyer That Knows the Cruise Industry

In order to prevail in federal court against a major cruise line, it is imperative that you hire a lawyer that has handled many cruise ship accident cases.  It takes time and experience to learn the ins and outs of the cruise industry.  Your lawyer needs to know what documents and evidence the cruise line will have that will help prove your case – the cruise line never gives this information voluntarily.  Your lawyer needs to know what to request in discovery and what information the cruise lines have.  For example, each cruise line creates different documents in response to passenger accidents under different circumstances.   Each cruise line has a “safety committee” which meets regularly to discuss the occurrence of passenger and crew accidents, analyze what is causing the accidents, and how to prevent these cruise ship accidents.  These documents often contain information that is essential to prove your case.

In a slip-and-fall case, your lawyer should obtain, at minimum, (a) prior incidents of slip and falls on the same ship for the three years prior to your incident and one year after your incident, (b) guest injury statements for each person that had a prior similar incident, (c) the contact information for each person with a prior similar incident, (d) all guest comment cards regarding the condition that caused you to fall for the three years prior to your incident, (e) ship safety committee meeting minutes, (f) surveillance video of your incident, and (g) the photos taken by the crew at the scene of your incident.  There is much more information that should be obtained based on the circumstance of your case.  However, if you hire a lawyer that is not familiar with handling cruise ship accident cases, he or she will not know what information the cruise line has that may help you prove your case.

Miami Cruise Ship Accident Lawyer

Cruise ship passengers and crew members need the help of an experienced cruise accident lawyer.  The lawyers at our firm have handled hundreds of cruise ship accident cases and claims.  Contact our office today to request your free case evaluation.  We look forward to putting our experience as cruise ship accident lawyers to work for you.

Have you or a loved one suffered some sort of injury while you were onboard a cruise ship? If so, you may be entitled to compensation for your medical bills, pain, and suffering. Don’t wait — contact us at (305) 638-4143 today for a free case evaluation.

Slip/Trip and Fall

This type of accident can occur anywhere at any time, and it is the most common injury sustained by cruise ship passengers and crew members. Whether someone slips on a wet ship deck or trips on some type of worn or improperly maintained flooring, the resulting injury can be serious. Guests and crew members have suffered everything from fractured wrists and sprained knees or ankles to head injuries, bringing an untimely end to their dream vacation or job. Determining the extent of the cruise line’s negligence in slip and fall cases requires extensive experience and knowledge, and only a skilled cruise ship law attorney should be trusted with the task.

Medical Negligence

Medical negligence, another common cause of cruise passenger and crew member injuries, is often used interchangeably with the term “medical malpractice.” If a passenger or crew member is injured while on a cruise ship and suffers additional injury or worsening of his or her medical condition, he or she may have grounds for a medical negligence claim against the cruise line.  We have handled medical malpractice/medical negligence claims involving passengers and crew involving; malpractice of surgeons hired by cruise lines, failure to provide medical care to patients suffering from life-threatening conditions, failure to timely and adequately treat fractures; and performance of unnecessary surgeries.  These cases can be very complicated so it is important that you hire an attorney that is experienced in handling medical malpractice/medical negligence cases against cruise lines.

Man Overboard

Man overboard situations are the worst-case scenario for passengers or crew members because serious psychological and physical injuries, including death, can occur as the result of falling off of a cruise ship. This type of accident can happen while a ship is at sea or while it is in port, and may or may not be the result of a slip and fall accident or other negligence by the cruise line. Although this type of incident doesn’t occur as frequently as slip and falls or medical negligence, the severity of the resulting injury makes it worth mentioning. In man overboard cases, the cruise line has a legal duty to search for and rescue the missing person. If there is any undue delay in response, the cruise line may be negligent.

Assault

Assaults, including sexual assaults, occur more frequently on cruises than the cruise lines would like the public to believe and these crimes can leave lasting physical and emotional injuries. Both passengers and crew members have been victims of sexual assault by other passengers or crew members, and minor passengers have also been preyed upon. Oftentimes the assault is the result of the cruise line over-serving alcohol to the victim or to the perpetrator, or the cruise lines’ failure to have reasonable security measures onboard its vessel. Where the assault was committed by a crew member, the cruise line is strictly liable to the victim. If you have been the victim of an assault, the cruise line may be liable for your injuries.

Miami Cruise Injury Lawyer

If you have been injured on a cruise, your ticket contract could significantly reduce the amount of time that you have to bring legal action against the cruise line. As an experienced cruise injury lawyer in Miami, Michael T. Flanagan has obtained millions of dollars for his clients. Contact our team at (305) 638-4143 today to see how we can help you with your personal injury claim. We look forward to speaking with you.

We specialize in providing knowledgeable and aggressive representation for innocent passengers who have been injured while on a cruise. If you or a loved one has suffered an injury because of a negligent operator or crew member, contact our office at (305) 638-4143 to request your free case evaluation from a qualified accident attorney.

Three Types of Common Emergency Situations

Cruise ship emergencies and crimes are frequently in the news, and if you are preparing to go on a cruise, you may wonder what types of situations could occur. Below, we’ve listed some emergency situations that could potentially take place on a ship.

Breakdown

While the breakdown of a cruise ship may not sound like an emergency situation, it most definitely can turn into one if the ship is out of commission for long enough. When a cruise ship breaks down, many of its systems can be negatively impacted. If the source of the breakdown impacts the electrical system of the ship, things such as the HVAC, plumbing, and emergency alarm systems may not work. Additionally, a breakdown could render the ship inoperable, stranding passengers at sea for days without electricity and fresh food and water. As you can imagine, this can create quite the environmental and safety hazard for passengers on board the ship.

Fire

Cruise ships are like floating cities or floating hotels, and as such, they are subject to some of the same types of emergency situations that can occur in a regular building. A fire is one of the most common and dangerous emergency situations that may occur while you are on board a ship. In addition to the dangerous flames, fires also bring with them smoke and noxious chemicals from burning substances and materials. Common causes of fires on cruise ships may include fuel or oil leaks, equipment malfunction, and passenger or crew carelessness.

Collision

Thanks to modern technology and the captain’s skill, cruise ships do not often collide with other objects, but it does happen from time to time. There are also situations where the tender (the small ship used to ferry passengers from the cruise ship to the port) collides with other objects, including the cruise ship. In these types of emergencies, there are many safety hazards for passengers. Depending on what the ship collides with, the forces could be significant enough to cause injury to those on board the ship. Additionally, collisions bring with them the risk of the ship’s exterior being compromised. This means that the vessel could take on water, causing a breakdown or the potential sinking of the ship.

Emergency Staffing on Cruises

In the event of a breakdown, a fire, or a collision, all cruise line operators are required to adhere to emergency procedures and first aid measures as mandated by the International Maritime Organization. As such, you will find a few different groups of individuals who are trained to assist passengers in emergency situations.

Medical Staff

In order to be compliant with the rules and regulations of the International Maritime Organization, all cruise ships must have properly trained medical staff on board in the event of an emergency and to address a wide variety of health concerns. In the event that there is an epidemic outbreak of some type of illness onboard or if passengers are hurt during an emergency, it is the cruise line’s duty to ensure there is adequate medical personnel on the ship.

Security

In addition to medical professionals, the cruise line is required to have security personnel on the ship at all times. The role of security officers is very important on a ship. Not only do they ensure the safety of both employees and passengers, but they are also trained in how to provide emergency response assistance. If there is a fire or other emergency on board a ship, the security team should maintain order and calm amongst passengers.

Trained Crew Members

Of course, in the event that there is some sort of large-scale emergency while you are on a cruise ship, it is essential to have as many crewmembers as possible who are trained in first aid and emergency procedures. To ensure the safest conditions for passengers, the International Maritime Organization requires ongoing training of all crewmembers to ensure they are equipped to perform emergency duties when necessary.

Miami Cruise Ship Accident Attorney

If you have been physically or emotionally injured because of a cruise ship emergency or accident, or if you feel the crew members onboard your cruise acted negligently during an emergency situation, you may be entitled to compensation. If you have been considering exploring your legal options, don’t trust your case to just any Miami personal injury attorney. Michael T. Flanagan and Zachary Bodenheimer and their staff stand ready to help residents of the Miami area recover the compensation they are owed for pain and suffering caused by negligent cruise operators. To request your free case evaluation, call us at (305) 638-4143 today.