Articles Tagged with “Ira Leesfield”

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A woman sues SeaWorld after being injured at its Aquatica water park on a slide last year when another patron “violently colliding” with her.

The woman was visiting SeaWorld’s Aquatica in Orlando when she said she went on a slide that had no lifeguard stationed outside of it to monitor when patrons had safely gone down the slide and give permission for the next person to go. Before the woman got off her water slide, another adult guest got on and “violently colliding” with her, causing her permanent injury, her attorneys said in the lawsuit. 

This story is, unfortunately, not unique. A 7-year-old at Jungle Island in Miami visiting the park with his summer camp was luckily saved by a lifeguard who saw the child, not wearing a life vest, struggling in the water. The lifeguard performed CPR on the child who had to be taken to the hospital where he went into cardiac arrest but, thankfully, came out of the ordeal safely, according to previous reporting of the incident. 

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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. 

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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.

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

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Ilija Loncar, a crewmember on a cruise ship, was feeling ill and reported to the ship’s doctor mid-voyage. Already feeling nauseous, Ilija threw up in front of the nurse. In response, the ship’s doctor ordered the maximum allowable dose of 25 mg Promethazine by intraveinous injection instead of the manufacturer recommended deep Intramuscular route.

Promethazine hydrochloride is a highly toxic caustic drug – The FDA requires the drug’s manufacturer to include a “black box” on the drug’s labels to warn medical providers about the risk of severe tissue damage if the drug is not administered correctly:

BLACK BOX WARNING:

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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?

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trunks_birdsThe 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.

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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 Leesfield & Partners Attorneys

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.

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Tour-bus-crash-01With the main cruise ship companies based in Miami, Leesfield & Partners has represented countless families of cruise passengers who lost their lives or who were gravely injured while on a cruise excursion.  Whether a son killed in a bus accident in front of his parents on their way to an excursion, or a mother fatally injured and daughter sustaining extreme brain damage during a parasailing excursion, or a husband drowning during a snorkel excursion, the pattern of negligence is often the same in each and every case.  Cruise lines will advertise their ships as the safest floating cities on the planet, but the truth is the excursions cruise lines select for their passengers are less than safe, if not downright dangerous.

Cruise lines will sell excursions to their passengers, either during the booking process on the internet, or directly on the ship.  Excursions represent a major selling point and entice most passengers to purchase excursions as a way of visiting far away countries and islands while the ship is docked.  Unfortunately, passengers are led to believe that cruise lines are in charge of running these excursions and maintaining the equipment pertaining to, or the transport to and from a cruise excursion.  However, that cannot be further from the truth.

In the last 24 hours, Royal Caribbean (owner of Celebrity Cruises) has confirmed that several cruise passengers (Celebrity Equinox & Serenade of the Seas) were fatally injured in a bus crash in Eastern Mexico.  The bus company selected by Royal to transport its passengers, Costa Maya Mahahual, confirmed that they had just picked up passengers who had boarded off two cruise ships that had just docked in the coastal town of Mahahual.  The excursion sold by Royal was a guided tour of the Mayan Ruins located in Chacchoben, which is approximately 100 miles west from the port.

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Leesfield & Partners reviewed more than 100 maritime/cruise ship cases during 2017 against all major cruise lines operating out of Florida, including Carnival Cruise Lines, Norwegian Cruise Lines, Royal Caribbean Cruise Line (Celebrity Cruises). We are now actively litigating many of these matters. The diversity of results is significant, including a $3 million dollar medical negligence recovery on behalf of a 16-year-old girl from Tennessee, a $2.5 million on behalf of a young boy from New Jersey injured on a ship basketball court. Our crew member cases include a $375,000 settlement for a 23-year-old professional diver who sustained catastrophic permanent injuries while performing in an aquatic show on board Allure of the Seas. Another recreational on board case involving injuries on the basketball court resulted in a $365,000 award for a 36-year-old passenger from Virginia.

docked-cruise-ship-300x169Cruise ships are now floating recreational and theme parks. Their activities range from basketball, tennis, dodge ball, to water slides, rock climbing, sky rides to jogging supplemented by exotic shore excursions. “The industry’s competitive nature has resulted in each cruise line adding more dangerous activities for passengers who are already exposed to shipboard negligence in the maintenance and care of walking surfaces and other pedestrian hazards,” according to Ira Leesfield, Chair of the American Association for Justice Resort Torts Litigation Group.

Often overlooked are the substantial recoveries on behalf of passengers injured during excursions away from the vessels. See prior blog.

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Port_of_Miami_20071208-300x176In the last few months, Leesfield & Partners has resolved a number of claims on behalf of minor children’s families who became injured during a cruise. Injuries to children are often catastrophic and life-altering. They require thorough investigation, swift legal actions and a complete knowledge of the cruise industry’s ways of doing business.

Last Summer, Leesfield & Partners reported that the number of catastrophic injuries to cruise passengers, including minors, had significantly increased in the last few years due to cruise lines increasing the number of “activities” offered on board. See our post here: More cruise ship injuries, deaths and incidents as safety practices become more lax.

Ira Leesfield noted in the article that “the experience is no longer the cruise, but rather the activities aboard the cruise ship.” With the cruise industry in a continuous boom, the race among the major cruise lines to offer more and more grandiose activities to keep passengers fully occupied rages on – unfortunately to the detriment of passengers’ safety.

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