cruise ship injury lawyer

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

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: June 8, 2021

Cruise with Care I

By Leesfield & Partners

Pitfalls for Passengers:

Disney Cruise Lines re-opens June 26 with all major cruise lines to follow.

Beware of injuries on Inaugural cruises. . . The cruise industry is re-opening with a fury. There is no certainty on how they will handle COVID, or how well their reinstated crew is trained. Remember, even before COVID, numerous cases of Norovirus were reported annually as ships came to port. So, Sanitation and safety issues must be paramount along with crowd control and CDC compliance. Will your co-passengers be vaccinated? Are you willing to spend days or weeks with those likely to spread the virus? Or, worse yet, confined in a ship’s infirmary?

Published on: March 29, 2018

Sexual Assault remains the most frequently reported crime occurring on cruise ships

By Leesfield & Partners

An increased number of cruise ship accidents/incident remains unreported and often absent from the accountability of the civil justice system. Unexpected cruise ship injuries and events are prompted by fierce industry expectations. This is really an issue of cruise industry economics where the vessels no longer sell just the cruise experience, but rather, provide more added dangerous related activities to boost sales. There are more “thrills” available resulting in more injury and deaths.

The modern cruise ship can be a floating city of 6,000 people. There are no police or security forces, no limit on alcohol consumption and practically no limit on the ingenuity of the cruise lines to provide “theme park” activities. Consider for a moment, a small town of 6,000 with no rules, no control of alcohol consumption, poor medical care, and total lack of structure to heighten “fun”.

Aboard ship, there are multiple opportunities for serious injury. The walkways, pavement surfaces and common hallways are often wet, slippery or unmaintained, host for injuries to the senior citizen passenger population. The passengers, including unsupervised children, are invited to dangerous water slides, competitive sports, rock climbing, basketball, tennis, parasailing, jet ski, snorkeling/scuba diving excursions, bus excursions and a myriad of ways for passengers to get hurt without any supervision. Food and alcohol abound! Drinks are unlimited and passengers are over served, often creating a carnival like atmosphere. When the inebriated passenger meets an unmonitored condition, danger is created. Food and foreign substances fall off overflowing buffet plates and onto the floor. Pools, hot tubs and water activities make decks slippery and unsafe.