Adam Rose

Published on: June 9, 2023

$5.5 Million Recovery for European Passenger in Medical Malpractice Case Against Cruise Line – Leesfield Scolaro Busts the Athens Convention’s Cap on Damages

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

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

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

Published on: September 18, 2020

How long do you have to file a personal injury lawsuit against a cruise line?

By Leesfield Scolaro

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

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

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

Published on: December 29, 2017

When Cruise Excursions Go Wrong

By Leesfield Scolaro

Cruise lines and recreational activity providers market their products as gateways to fun and adventure, but when injury occurs, they will vigorously fight to avoid liability. But there are ways to overcome their defenses.

By Ira H. Leesfield and Adam T. Rose

Outdoor recreation is a titanic industry, enticing millions of people annually to travel close to home or pack their bags for a faraway adventure. Entrepreneurs across the world capitalize on their regions’ natural beauty and create exotic excursions to attract vacationers. Meanwhile, corporate powerhouses—major resorts and cruise lines—recognize the allure of exciting experiences in unfamiliar environments, and they aggressively advertise and oversee these adventures. But when tragedy strikes—such as jet ski crashes, scuba diving drowning, all-terrain vehicle accidents, etc.—the same tour operators and vacation providers who courted your client fervently try to avoid accountability.