Articles Tagged with “Thomas Scolaro”

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Tour-bus-crash-01With the main cruise ship companies based in Miami, Leesfield Scolaro 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 Scolaro 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 Scolaro 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 Scolaro 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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Last week, Theresa Meuers was untimely killed in a horrendous motor vehicle accident that occurred on George Price Highway in Belize. You may read Theresa’s obituary published in the Star Tribune.

Accident0009.jpgThat day, in the late morning hours, Theresa and Sam Schulte, her companion, were in the back seat of an SUV driven by Tour Guide, Leon Rodriguez (some have reported that the driver’s name is Leon Garcia of Big John’s Tours.) Before noon, Rodriguez overtook an 18-wheeler that was transporting oranges, and several seconds later returned in the same right lane. At this point, there are different witness accounts, mainly from Rodriguez, and the driver of the truck, Miguel Angel Arriaga. Rodriguez told the authorities that he slowed down to make a right turn, while Arriaga said that Rodriguez came to a complete stop in the middle of the road, with no turn signal indicating he was going to make a right. Arriaga told Police that he was unable to stop the truck in time and he rammed the 18-wheeler into the rear of the SUV at great speed.

Theresa and Sam were both stuck in the completely destroyed SUV for almost one full hour before an ambulance arrived at the scene of the accident. They were both taken to the hospital, but Theresa did not survive her injuries and was pronounced dead at the hospital later that day.

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When a passenger sustains an injury while on a cruise ship or while on a shore excursion purchased through the cruise line, a maritime law attorney must be contacted immediately so as to maximize the recovery of a potential personal injury claim or lawsuit, and more importantly to not jeopardize the investigation and fact-gathering process that must be done as early as possible and is absolutely critical in litigating against a cruise line.

caution.jpgMost passengers feel safe at sea and are confident that, whichever activity they chose to purchase, the cruise line has done its homework and would not risk the safety and livelihood of its passengers. That misconception has led to countless incidents. Worse, it has led passengers to trusting the cruise line in rectifying their mistakes, or acts of negligence.

Contact a cruise ship injury attorney as soon as you board off the ship
Most, if not all, cruise lines have important procedural conditions that all passengers must know prior to embarking on a cruise. One of these procedural conditions is the time frame within which an injured person must act in order to file a claim against the cruise line. Cruise lines have uniformly imposed a one-year statute of limitations on any and all personal injury claims against them. If a lawsuit is not filed within one year of the incident which caused a person’s injury, that passenger’s claim will be barred forever. Not only that, Cruise Lines have also uniformly and arbitrarily imposed a six-month notification deadline.

The clock on your potential personal injury claim starts ticking the day the incident happens, and if you wait too long, your case, which could have been worthy of representation months prior, could be turned down simply because it is too late to act. You must protect yourself and do your due diligence by contacting a reputable maritime law attorney as soon as possible after you return home from the cruise.

Do not trust the Cruise Line’s claims management process
Many passengers will elect to resolve their injury claim on their own. They will contact the claims management department several weeks after the incident and attempt to obtain a recovery without any professional help. That is the second biggest mistake you can make.

Like any insurance company, the claims management department’s objective is to avoid compensating injured passengers. To achieve their mean, several tactics are employed in almost every single claim:

waiting.gifFirst, the person assigned to your case will ask to obtain a statement from you about the incident. They will only ask questions that may put the blame on the injured person and not ask or inquire about any facts that may or may not show the cruise line’s negligence.

Second, they will stall the claim’s process. By now, the incident occurred several weeks, if not a couple of months ago. They will ask that you provide a copy of all of your medical records, and medical bills, so the claims department can “evaluate” your damages. Some passengers are quick to obtain medical records, but most are not knowledgeable enough and several months will go by before the claims person will be in possession of your medical records and bills.

The next step is full denial. At that point, the cruise line has all of your records, it has an idea of the damages you have sustained in the incident, and it also knows how the incident happened. They will invariably tell you that the statement you have given to the ship’s doctor or the ship’s security staff is inconsistent with the statement you gave over the phone. Or they will tell you that the damages you are seeking are unrelated to the injury you claim you sustained in the incident. Or they will dispute the charges you claim you have incurred, or stress the fact that your health insurance paid for your bills and therefore your medical bills are irrelevant. Or they will insist on telling you that they need more time to make sure their investigation is concluded before they can either deny the claim, or make your an offer.
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