"cruise ship"

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 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: May 31, 2024

Georgia woman tells news outlets how Carnival Cruise Ship left her stranded and sedated in Dominican Republic hospital with no way of getting home

By Leesfield & Partners

Basking in the sun or heading to a cholesterol-raising buffet for the fourth time in a single morning, no one thinks about the dangers aboard cruise ships. Statistics show, however, that cruises are riddled with all kinds of hazards. From sexual assaults to falls resulting in broken bones or requiring surgery, Leesfield & Partners has represented just about every injury aboard these massive holiday vessels.

When stories are spread in the media about cruise medical care and its often devastating consequences, Leesfield & Partners attorneys know that it is unfortunately not all that uncommon. Some people simply do not receive the care they require while others are left to suffer from illnesses or injuries because a cruise doctor refuses to evacuate them. In some cases, cruise ships will abandon a sick passenger in a foreign country to continue on its journey with the other passengers. This is much like the case of an elderly passenger represented by the law firm who suffered a hemorrhagic stroke. This type of stroke, according to the National Institute of Health, is a bleeding in the brain caused by a ruptured blood vessel. The passenger was able to disembark from the ship in the Bahamas for emergency transfer back to Broward County, Florida. The cruise line never verified that the airport would be open and the woman was left to wait at the closed airport where she died waiting to be transferred.

Fortunately for a grandmother heading to the Bahamas on a Carnival Cruise Ship, the outcome was very different.

Published on: May 23, 2024

Leesfield & Partners: A History of Protecting Cruise Ship Guests and Employees from Corporations.

By Leesfield & Partners

While packing sunscreen or researching potential sights to see, no one expects that their long-awaited cruise vacation might end in tragedy. However, in its decades of practice, Leesfield & Partners has seen all too well just how easily these trips can take a turn for the worse.

Whether it be crashes on excursion buses, slipping on decks void of regulation handrails or an on-board medical professional refusing to evacuate a guest, Leesfield & Partners has seen families through it all. These tragic injuries have changed the lives of cruise ship guests, employees, and their loved ones, forever marring what should have been a beautiful memory of a relaxing getaway or just another day at work.

In 2023, approximately 7.3 million people went through Port Miami on their way to their cruises.

Published on: September 4, 2015

Landmark case levels the playing field for cruise passengers writes Ira H. Leesfield in Miami Herald

By Leesfield & Partners

In a special letter to the editor published on September 4, 2015, in the Miami Herald, Ira H. Leesfield revisits the importance of the decision reached by the U.S. Court of Appeals for the Eleventh Circuit, not only for the case of Teresita Sorrels, but for present and future injured cruise passengers.

“In reversing the trial court’s order, the Eleventh Circuit gave Teresita Sorrels her day in court and allows passengers injured by the alleged negligence of the cruise line the same rights as if they were otherwise the victims of land-based negligent businesses.” writes the senior managing partner of Leesfield & Partners.

Click here to read the article written by Ira H. Leesfield for the Miami Herald.

Published on: December 23, 2014

Cruise lines finally liable for medical malpractice committed on cruise ships

By Leesfield & Partners

For the longest times, cruise ship passengers were not allowed to bring cruise lines as defendants in medical malpractice claims to recover for the negligent acts of a doctor or a nurse when they were committed aboard a cruise ship. In almost every single scenario, passengers were left without anyone to sue. Injustice remained served for years, until today.

In its latest ruling, judges of the 11th U.S. Circuit Court of Appeals ruled that the previous law, Barbetta, was outdated, and allowed the family of a deceased cruise passenger to continue on with a lawsuit for medical malpractice against the cruise line, in this case, Royal Caribbean.

The Barbetta ruling was justified in the nature of the relationship between the passenger and the physician, and the carrier’s lack of control over that relationship. The Fifth Circuit Court ruled that “the work which a physician or a surgeon does . . . is under the control of the passengers themselves. It is their business, not the business of the carrier. . . . The master or owners of the ship cannot interfere in the treatment of the medical officer when he attends a passenger. He is not their servant engaged in their business, and subject to their control as to his mode of treatment.” [Secondly] “[a] ship’s physician is an independent medical expert engaged on the basis of his professional qualifications and carried on board a ship for the convenience of passengers, who are free to contract with him for any medical services they may require.”

Published on: January 27, 2014

Crime remains greatest concern for Cruise Ship Industry

By Leesfield & Partners

Since 2010 and the passage of the Cruise Vessel Security and Safety Act, the cruise industry has a duty to report 8 crimes to the Federal Bureau of Investigation. They include: Homicide, suspicious death, missing U.S. National, kidnapping, assault with serious bodily injury, firing or tampering with the vessel, theft of money or property in excess of $10,000, and sexual crimes. Once the crimes are reported, the Coast Guard publishes the statistics on its website after the investigations are closed.

On December 20, 2013, the U.S. Government Accountability Office published its review of the first 3 years of compliance by the cruise ship industry of the new regulations imposed by the CVSSA. Senator Jay Rockefeller, chairman of the Senate Committee on Commerce, Science, and Transportation gave a sombering overview: “I’ll give the cruise ships some credit, because of the first bill we passed they raised the level of their railings . . . They’ve done a pretty good job on that, but when it comes to crime, no they have not.”

In its report, with respect to CVSSA crime-reporting requirements, the GAO noted that the FBI and the USCG have implemented these provisions as required. The crimes that occur on cruise ships and that fall within one of the 8 crimes listed above have been published when they are no longer under investigation. However, the GAO noted instrinseque limitations on how the statistics would provide any measure of usefuleness to prospective cruise passengers. Specifically, the GAO raised three specific areas of concern:

Published on: December 12, 2012

Slip and Fall on a Cruise Ship – Not a rare occurrence

By Leesfield & Partners

You are on your cruise, walking around and enjoying the amenities. Then, all of a sudden, without warning, you are on the ground. You realize you have slipped and fallen, seriously injuring yourself. However, just because you are injured, don’t expect the cruise line to take responsibility for its negligence and compensate you.

Slip and fall accidents can happen anywhere on cruise ship. Such accidents can be caused by any number of reasons: a foreign substance on the ground, wet floor from mopping, a spill that was not properly detected and cleaned up, lack of anti-slip or anti-skid material on the flooring, defective or missing treads on stairs, lack of warning of a dangerous condition, or even insufficient lighting.

Under the law, a cruise line owes its passengers a duty of “reasonable care under the circumstances.” That is, the cruise line must take reasonable measure to ensure that the floors are free from foreign substances, spills promptly and timely cleaned up, physical or verbal warnings provided and ensure that the floor is otherwise maintained in a safe, clean, and dry condition. This duty requires a cruise line to take affirmative steps, such as have a reasonable inspection process in place, to timely detect and correct a dangerous condition.

To be found liable, a cruise line must have actual or constructive notice of a dangerous condition to allow the cruise line an opportunity to correct it. That means the cruise either knew about the condition or the situation existed for a sufficient period of time that the cruise line should have discovered it.

The cruise line will undoubtedly argue that fall was your fault. It is standard for the cruise line to blame the passenger and claim that any dangerous condition was an “open and obvious” condition which you should have seen and avoided. The cruise line will also argue that it had no notice of the dangerous condition or it did not exist for a sufficient time to enable it an opportunity to detect it.

So, what do you do if you fall while on a cruise ship?
Take stock of the situation. Look around and determine what caused you to fall: Was there a foreign substance on the floor? Are your clothes or shoes wet? If there is a foreign substance, how big is it, what color is it (water, soda, coffee)? Can you tell the cause of the foreign substance (is there a leaking beverage machine, is there melting ice, was it a high traffic area where a fellow passenger could have spilled something)? Where there any warning signs in place? Where there any mats or other non-skip material in place?

The second most important thing you must do next is gather evidence. Concretely, this means: Get the names of any witnesses; if there are any crew-members present get their name and/or position; take photographs of the scene.

You must make sure that you (or if you can’t, someone you are traveling with) reports the situation to the cruise line. The cruise line will give you a passenger statement form to complete. Be sure to indicate that your fall was a result of an accident and state the cause of the accident. For example: the floor was wet and I slipped, there were no warning signs present, etc. Once completed, demand a copy of your statement and medical records (if you were seen in the infirmary).

Next, demand the cruise line preserve surveillance footage. Cruise lines have security cameras throughout the vessel and will have likely captured your accident. This is important evidence which can help establish the cause of your accident, the length of time the dangerous condition existed, and the failure of the cruise line to take reasonable steps to detect and correct the dangerous condition. Remember to make this demand in writing.

These simple steps can help ensure the cruise line is held responsible for your injuries and that you are fully compensated.
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