"Leesfield & Partners"

Published on: July 26, 2024

Athens Convention, Shore Excursion Limitations, and Barbetta Rule: What to know about cruise ship litigation

With the sun warming your skin, the sea breeze tussling your hair and a full buffet waiting for you at lunchtime, the possibility that something may go awry seems impossible. For many, cruise vacations go off without a hitch. Others, however, are not so lucky.

When it comes to the unlucky ones, Leesfield & Partners attorneys are ready to help pick up the pieces to guide injured clients through the legal process. With over four decades of experience navigating devastating cruise passenger and crew member injury cases, the firm has been recognized as a leader in its field with record verdicts in the state and nationally for injured clients.

With its landmark office in the heart of Miami, about a 30-minute drive from PortMiami, also known as the “cruise capital of the world,” Leesfield & Partners attorneys have had thousands of passenger injury and wrongful death cases come across their desks. Attorneys with the firm have handled cases of medical malpractice at the hands of inept cruise line doctors, devastating cases of wrongful death during shore excursions, and negligent security cases in which passengers and or crewmembers have become the victims of violent crime while on board these ships.

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

By Leesfield & Partners

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: 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: July 16, 2024

Man’s family awarded $2 million in lawsuit after he died from burn at Kentucky motel. What do places like hotels and cruise ships owe customers?

By Leesfield & Partners

The family of a 76-year-old Kentucky man was awarded over $2 million this month after his death from a burning incident in a motel shower, according to news outlets.

The incident happened in 2021 while the man was on a business trip. When he got in the shower, hot water estimated in the lawsuit to be 150 degrees Fahrenheit scalded him. The man fell and was unable to get up until coworkers who heard him screaming rushed into the bathroom to help. The man had third-degree burns following the incident and died seven months later after spending most of his time in and out of hospitals. Third-degree burns affect the deeper layers of the skin and burn down to the fatty tissue. They require immediate medical attention.

The lawsuit filed on behalf of the grieving family did not specify what caused the water to come out at 150 degrees. A judgment filed earlier this month stated that the hotel failed to properly inspect and maintain the property in a reasonably safe condition.

Published on: June 24, 2024

Water parks and cruise lines see dollar signs, not people. How these industries leave patrons vulnerable to injury

By Leesfield & Partners

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.

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: December 2, 2021

Was your Jones Act case improperly removed?

By Leesfield & Partners

On November 15, 2021, Federal District Judge Kenneth A. Marra remanded an injured maritime crewmember’s case from the Southern District of Florida back to Florida’s Fifteenth Judicial Circuit court, granting Zan Lang’s motion to remand his Jones Act negligence claims. Leesfield & Partners has the honor of representing the injured seaman in the case styled Zan Lang v. Allen Exploration and 6161 LLC, Case No.: 21-81813-CIV-MARRA. The Jones Act case was originally filed in Florida State Court in West Palm Beach. Shortly thereafter, the Defendants improperly removed the crewmember Jones Act case to federal court in the Southern District of Florida. A motion to remand the Jones Act claims was filed, contesting Defendants’ removal of the case.

As alleged in the Complaint, Zan Lang was working as a crewmember onboard the M/Y Gigi and M/Y Axis, vessels owned and operated by Allen Exploration, during the time he was subjected to dangerous and unsafe conditions, overworked without the proper equipment, and caused to suffer serious injuries. Allen Exploration, an American company, owns a fleet of vessels and operates a maritime treasure hunting operation. As detailed in the Complaint, the U.S. home base for Allen Exploration is Rybovich Marina, located in West Palm Beach, Florida. Crewmember Zan Lang worked for Allen Exploration for several months on land in West Palm Beach, Florida, before the underlying voyage began. Despite the clear connection to Florida, Defendants attempted to remove the Jones Act action to federal court, claiming that Jamaican law should apply and the case should be dismissed. Removal is the legal process of transferring a lawsuit filed in state court to the United States District Court. To be entitled to removal Defendant must set forth a valid legal basis. After removal a Plaintiff can seek to have the case transferred back to state court through a legal process known as remand. Special rules and law for removal apply to maritime actions and crewmember Jones Act claims.

The order granting remand of Zan Lang’s Jones Act case flatly rejects Defendants legal arguments for removal and having the case heard in federal court, and establishes favorable law for crewmember plaintiffs who are hurt or injured and desire to bring a Jones Act claim against their maritime employer. As a general legal matter, Jones Act claims cannot be removed to federal court. Lewis v. Lewis & Clark, 531 U.S. 438, 455 (2001). However, in Zan Lang’s case the defense attempted to argue that United States law should not apply to his claim, that he has no possibility of establishing a Jones Act claim on the merits, and the prohibition against removal of a Jones Act claim to federal court should therefore not apply. The court also rejected the Defendants’ position that Zan Lang had an obligation to present affirmative evidence to establish the application of U.S. law at the remand stage, and rejected the application of a summary judgment style approach to resolution utilized in the federal Fifth Circuit, calling into question the holding in Lackey v. Atlantic Richfield Co., 990 F.2d 202 (5th Cir. 1993). The court ruled that Zan Lang’s election to file his Jones Act lawsuit in West Palm Beach was legally proper, and that Defendants had failed to establish a legal basis to remove his Jones Act maritime negligence claim.

Published on: October 15, 2013

“It is reasonable to put a lifeguard around the pools of Cruise Ships” tells Maritime Lawyer Carol Finklehoffe to CBS This Morning

By Leesfield & Partners

On CBS This Morning, Leesfield & Partners Maritime Law Attorney Carol Finklehoffe said that if Cruise Lines have deck attendants selling drinks and employees watching over the water slides, it is reasonable to have lifeguards around the pools as well:

This latest tragedy has placed Carnival Cruise Lines back in the spotlight. The loss of Qwentyn Hunter in one of the Carnival Victory’s pools prompts many to question whether conspicuous signage that there are “no lifeguards on duty” is realistically enough to fulfill the cruise line’s duty of care to provide a safe and proper place to bathe or swim.