cruise ship injury

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 19, 2024

As summer ends, thousands of families will flock to PortMiami for cruises. Here’s what to know if you are injured

By Leesfield & Partners

With the dwindling days of summer vacation and the promise of back-to-school sales and homework assignments on the horizon, families all over the United States will head to South Florida in droves for last-minute summer getaways. The area has plenty to offer that attracts millions of tourists every year from the famed beauty and history of the Florida Keys to the opportunity to observe wildlife in the Everglades. Many families, however, will head straight to PortMiami, the cruise capital of the world, to board one of many cruise lines that frequent the area.

PortMiami saw 7.3 million people pass through it in 2023 as the cruise line industry continued to gain back its footing after the pandemic. With increased traffic to the area as this boon in the industry continues comes the rise in the possibility of injuries.

With a home base in Miami, Florida, Leesfield & Partners has had the unique opportunity of watching cruise ships compete with one another over the years to become “floating cities” and sea-bound theme parks. Today, more and more ships are equipped with winding slides, slippery water parks and onboard attractions that can sometimes lead to catastrophic injury when the right precautions are not taken. When the latter takes place, Leesfield & Partners has been there to support injured clients and grieving families. The extensive experience of Leesfield & Partners attorneys attained over its 48 years representing clients is to the benefit of an injured person seeking our legal counsel.

Published on: June 9, 2023

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

By Leesfield & Partners

Leesfield & Partners attorneys 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 & Partners was able to multiply the 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 that 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 of meningococcal infections.

Published on: September 18, 2020

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

By Leesfield & Partners

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 & Partners’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.