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Published on: July 26, 2024

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

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

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

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

Published on: July 24, 2024

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

By Leesfield & Partners

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

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

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

Published on: July 24, 2024

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

By Leesfield & Partners

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

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

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

Published on: July 16, 2024

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

By Leesfield & Partners

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

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

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

Published on: July 3, 2024

Leesfield & Partners Wants You To Stay Safe This Summer. Here Are A Few Summer Safety Tips

By Leesfield & Partners

In the same way as the popular saying, “April showers bring May Flowers,” summertime liberties can breed several injuries.

Though it might not be as catchy, the latter is no less true. With an increase in outdoor activities, recreation, and travel, the warmer season has a propensity for injury. With the warm and sunny weather outside and school out for anywhere between two and three months for summer vacation, many families take the opportunity to travel, go on cruises, and or try recreational activities they are not accustomed to in their everyday lives such as go-karting, parasailing, or jet skiing.

Cruise Ship Injuries

Published on: June 19, 2024

Cruise ships set to plug into power in Port Miami, attracting more ships to the area. Leesfield & Partners suspects a major problem

By Leesfield & Partners

Cruise ships at Port Miami will be able to plug into the county’s power grid – a move that officials say will boost the local economy by attracting more cruise lines to the area while cutting down on pollution.

There’s just one problem. More ships means an increase in the possibility of cruise ship injuries, a practice area that Leesfield & Partners knows all too well.

The decision was spurred by sustainability efforts from Miami-Dade County Mayor Daniella Levine Cava who told reporters in an article published in The Miami Herald that the project would bring the county that much closer to cutting down on its carbon emissions.

Published on: September 23, 2020

UPDATE- Leesfield & Partners speaks to NBC MIAMI about its latest lawsuit against Royal Caribbean

By Leesfield & Partners

NBC recently featured attorneys Thomas Scolaro and Adam Rose for their latest lawsuit against Royal Caribbean on behalf of Phoebe Moon and her parents. The nine-month-old Phoebe Moon was amputated as a result of Royal Caribbean’s doctors’ negligence who missed clear signs of meningococcocal meningitis infection. After sending the parents back to their cabin five times without affording any care to their baby, the doctors reluctantly allowed the family to go off-shore for a medical consult. The local emergency doctors diagnosed Phoebe with meningitis at first glance and they went to work on her immediately. They later told the Moons that Phoebe was minutes away from losing her life.

Published on: June 25, 2019

Reckless Driver Responsible for Carnival Shore Excursion Crash in the Bahamas

By Leesfield & Partners

On Monday during a shore excursion sponsored by Carnival Cruise Lines, 32 passengers became injured when their tour bus wrecked on the island of Eleuthera in the Bahamas. The circumstances around the incident itself are still under investigation, however it was confirmed that this was a single-vehicle accident.

Last year, Leesfield & Partners represented a large group of people in a lawsuit against Carnival after their Bahamas tour bus flipped over which caused injuries ranging from superficial to life-altering. That incident, along with many other incidents involving shore excursion tour buses, was caused by an inexperienced and unlicensed driver, which both the tour operator and the cruise line had failed to vet, placing passengers’ lives at risk. The police investigation, supported by forensic evidence, showed that the bus driver was speeding on a dirt road. The reckless operator lost control of the vehicle, and it ultimately flipped over, throwing out many passengers in the process.

For over two decades, Leesfield & Partners has litigated countless cases against the major cruise lines due to their negligence – often times indefensible disregard toward their passengers’ safety – in selecting and vetting safe shore excursion operators and equipment. Attorneys Ira H. Leesfield and Adam T. Rose recently explained in an article how to hold Cruise Lines liable for injuries sustained during shore excursions, regardless of the fact that Cruise Lines will fight vigorously to avoid liability and hide under the “independent operator” table.

Published on: October 24, 2012

Former Assistant Cruise Director for Norwegian Cruise Line sentenced to 9 years in Federal Prison on Child Pornography Charges

By Leesfield & Partners

Last March, we reported on the arrest of Norwegian Cruise Lines’ Assistant Cruise Director, Senad Djedovic. Last week, U.S. District Judge Steven D. Merryday sentenced Djedovic to 9 years in federal prison.

The details of the alleged crimes were discussed in detail in our previous article: Norwegian Cruise Line’s crewmember arrested after having sex with 16-year-old female passenger

Facing mounting evidence, Djedovic plead guilty to possessing child pornography last Summer. Investigators discovered photos and videos depicting minors engaging in sexually explicit acts on Djedovic’s computers. Among them were approximately 20 photos sent by a 16-year-old female passenger whom Djedovic met on the Norwegian Star, a cruise ship Djedovic was assigned to as the Assistant Cruise Director.

Last May in Court, he admitted to having engaged in sexual acts with the minor girl while on the ship and to having exchanged explicit photos with her after the cruise. In his plea agreement, Djedovic declared that he knew the girl was 16-years-old and underage.

senad djedovic arrest.jpg Ultimately, this crime and criminal would never have been discovered or prosecuted had Djedovic himself not bragged about it. Days after the cruise was over, Djedovic began talking about what he did to and in front of other crew-members, even showing to some of them the photos he had received from the minor passenger. One of the crew-members alerted the authorities and Djedovic was arrested shortly thereafter by the FBI.

Sex crimes aboard cruise ships are becoming more and more frequent and the prosecution of individuals who engage in sexual acts with minor passengers are prosecuted more and more often. This latest case is however very troubling because the criminal involved was a cruise employee. Djedovic was employed by Norwegian Cruise Lines from 2006 through 2012, until he was arrested.
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Published on: July 2, 2012

Cruise ship employee sentenced to 18 months in jail for sexual abuse on 14-year-old passenger

By Leesfield & Partners

Fabian Palmer, a 25 year-old from Jamaica, found himself working on the Enchantment of the Seas, a cruise ship operated by Royal Caribbean. During a Christmas cruise, Palmer, who was assigned to maintaining the vessel’s pool areas, befriended a young girl, age 14.

We reported on the sordid events in a previous article here: Another Crew Member Pleads Guilty to Sexual Rape Charges of Minor Passenger on Royal Caribbean Cruise

For several days, Palmer would leave written notes to the minor girl, until the night of December 23, 2011. That night, Palmer took the child into a bathroom located inside a male locker room. He locked the doors behind them and despite the girl’s protests, performed multiple sexual acts. The FBI came into possession of video surveillance footage that showed Palmer lead the child in the male locker room and in one of the bathrooms.