Cruise Ship Accidents
Taking a cruise is usually a relaxing vacation experience, but sometimes unexpected accidents can happen on these large vessels. If you have been hurt on a cruise ship because the company or its employees acted carelessly, you can pursue a claim for damages to alleviate the costs and losses that resulted. These incidents can be complicated to handle, since they are governed in part by maritime laws rather than the law of any state. At Cohn & Smith, our Pembroke Pines cruise ship accident attorneys proudly represent many accident victims from Pembroke Pines and the surrounding area. We can take the time to assess the facts of your case and assert your right to the compensation that you deserve. While our goal is to get each client a fair settlement, we will not hesitate to go to trial if needed.Seeking Compensation for Negligence on a Cruise Ship
All cruise companies have a legal obligation to take reasonable steps to protect their passengers from potentially dangerous conditions on board. These can consist of slippery decks, poorly lit or inadequately maintained stairways, faulty alarm systems, inadequate staffing, and other issues. A cruise line can be held accountable for injuries or death stemming from its negligence or the negligence of individuals working for it.
Negligence is the failure to take proper care when doing something. In the context of a cruise line, these types of claims can be based on behavior by an employee as well as an entity. If a person working for the company was acting in the scope and course of his or her employment while taking the careless actions that caused an accident, the theory of vicarious liability may allow a victim to hold the cruise line indirectly liable for the resulting injuries.
In order to prevail on a negligence claim, a plaintiff must show that the cruise line owed the passenger a duty of care, the cruise line or one of its employees breached the obligation, the passenger suffered injuries as a result, and quantifiable damages were incurred. The duty of care entails employing measures that a vigilant and prudent cruise line would implement in the same situation.
One important issue to note that comes with cruise ship accidents is the shorter statute of limitations. Under Florida law, an individual typically has two years from the time of the accident to file a personal injury lawsuit. Medical malpractice and wrongful death cases have a two-year statute of limitations, with certain exceptions. For injuries taking place because of a cruise company's negligence, however, the statute of limitations may be much more restricted.
Typically, the time limit for a case arising from events on one of these vessels is governed by the contract between the passenger and the cruise company. This contract is outlined in the ticket, and it generally mandates that a passenger provide notice of a claim to the cruise line within six months of the injury and initiate a lawsuit within one year from when it happened. If the statute of limitations is not governed by the contract, maritime law provides that it is generally three years from when the accident happened.Consult a Knowledgeable Pembroke Pines Cruise Ship Accident Attorney After an Accident
Injuries or a tragic death that result from a cruise ship accident can lead to a distinctive type of investigation and claim. The skilled accident lawyers at Cohn & Smith have helped a number of individuals in Hollywood and throughout South Florida pursue the remedies they deserve for their harm. We aim to help clients recover from their losses and hold cruise lines accountable for their negligence. Many of our clients have come from communities such as Coral Springs, Pompano Beach, and Aventura. To learn more about your legal rights, contact us online or call us at 954-431-8100.