Articles Tagged with “Key West”

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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.

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As we previously reported, on March 10, 2012, a Princess Cruise ship, the Star Princess, failed to render aid to a drifting vessel. The multiple witness accounts, which have been documented in the media for the past two months, have shown that the cruise ship’s captain either deliberately ignored the call for help or was never made aware of the situation. Neither one of those scenarios is a valid excuse.

Cuba-Florida_map.jpgThis week, a very similar set of circumstances occurred, but thankfully for the occupants of the raft in distress, they were rescued by a cruise ship that was sailing near by. The Disney Fantasy, a cruise ship owned and operated by Disney Cruise, was sailing from Port Canaveral (Florida) to the Cayman Islands on May 26, 2012, when crew-members spotted a small raft near Key West, Florida, with four men aboard.

The ship quickly responded to its duties and rescued the men. “The men were brought aboard the ship and provided with medical attention along with food and water. We are proud of our Disney Fantasy crew members, who skillfully demonstrated their training and commitment to maritime protocols around saving lives at sea,” Disney Cruise Line said in a statement.

These developments are in stark contrast with what occurred last March when the Star Princess failed to rescue a drifting vessel, occupied by three men, including a minor, which eventually resulted in two deaths.

The Star Princess failed to follow Article 98 of the UNCLOS (The United Nations Convention on the Law of the Sea of 10 December 1982) which provides that a ship must render assistance to any person found at sea in danger of being lost.

The Star Princess crew was made aware of the drifting vessel by three cruise passengers, who, at the time. were bird-watching, when they spotted the vessel and its three occupants attempting to flag down the large cruise ship by waiving their white t-shirts. The witnesses showed the drifting vessel to a crew-member, they even let him use their bird-watching equipment to confirm the nature of the distress. The crew-member then advised the crew on the bridge of the ship in distress.

Despite the grave concern felt by those who saw the vessel adrift, for some inexplicable reason, the Star Princess did not render any assistance. It never deviated from its course. It never called the Coast Guard for help. It simply continued on with the cruise, to the next Port.
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