Cruise Ship Lawyers Blog
While enjoying the inherent solitude and quiet of a scuba dive 50 feet underwater, this cruise ship passenger got the surprise of a lifetime.
In reporting from Cruise News today, officials have said that a cruise ship passenger is claiming his gear exploded.
The incident happened during a shore excursion in St. Thomas in which a man alleges the hose connected to his equipment ruptured in two places, according to media reporting. As a result of the ordeal, the man claims to have suffered hearing loss and balance issues.
With the efforts of modern-day cruise ships to attract passengers, they present numerous enticing and thrill-seeking amenities such as speeding jet ski tours, parasailing adventures, onboard rollercoasters, and interactive dives. While these excursions are sure to entice risk-takers and adventurous passengers, they are not without the potential for injury. As any Leesfield & Partners attorney can attest, vacation does not insulate someone from serious injury. If cruise ships do not take the proper precautions to maintain their equipment and operate their excursions within best practices, then it is the passenger who may end up paying the consequences.
Leesfield & Partners: 50 years of representing Cruise Ship Passengers and Crewmembers’
Leesfield & Partners has historically represented countless victims of cruise ship negligence. From passengers to members of the crew, our attorneys have worked tirelessly over the years to secure the best possible outcome in every case. When it comes to shore excursions, our attorneys know just how quickly a fun-filled day can become a nightmare. Whether due to a negligent bus driver with an improperly maintained vehicle that causes a crash or parasailing equipment that can suddenly fail, there are no shortage of ways in which cruise lines can fail the people they are tasked with protecting. When a tragedy such as this occurs, it can have life-altering consequences for the unsuspecting victims and it is the job of attorneys like Leesfield & Partners to hold responsible parties accountable for the damages they have caused.
Cruise lines are considered common carriers, meaning they are legally obligated to ensure the safety of their passengers. This includes maintaining safe conditions aboard the ship to avoid accidents, providing adequate medical care in case of a medical emergency, and addressing criminal incidents. The legal terms and conditions that apply to such claims are often outlined on the cruise ticket contract, which passengers agree to when booking their trip. This contract lays out conditions such as where the case will be heard and the statute of limitations for making such claims.
Statute of Limitations
The statute of limitations in a cruise ship injury case refers to the amount of time an injured passenger has to file a lawsuit. Per Florida law, a person generally has two years to file a negligence claim. For cruise ship injury cases, which are generally governed by federal maritime law, an injured person may be required to provide notice of a claim within six months and file a lawsuit within one year of the injury.
Cruise lines may also include specific deadlines in their passenger ticket contracts. For this reason, it is important to review the cruise contract as soon as possible after an injury and to promptly seek legal advice.
Previous Cases
Previously, Leesfield & Partners represented the family of mother and daughter who booked a parasailing adventure on their cruise ship. While out on the excursion, and suspended hundreds of feet in the air, a piece of equipment snapped and sent the two falling into the water.
The mother was killed, and her daughter suffered a traumatic brain injury. The cruise ship attempted to distance itself from the excursion operators and claimed that they were an independent contractor, however, Leesfield & Partners attorneys were able to disprove this theory by demonstrating that the ship marketed the excursion and offered tickets for sale on board.
Our attorneys settled the case for $7.25 million.
The firm represented a family whose son, a special needs man, died following a crash on a cruise ship excursion. In that case, the bus careened off a cliff on a cruise-sponsored shore excursion. The son was ejected and died in front of his family.
The firm settled the case for $2,990,000.
A rollover ATV crash on a shore excursion caused serious injuries to multiple passengers. Leesfield & Partners settled the case for over $1.2 million.
Our 68-year-old client sustained severe injuries, including a fractured femur, when thrown off a “banana boat” during a cruise’s water sport excursion. The firm secured a $600,000 settlement in that case.
The firm recovered $2.5 million for a 9-year-old who collided with an unpadded steel grommet while diving for an out-of-bounds ball as he played on a ship’s basketball court. The child in that case suffered a catastrophic brain injury as a result on the traumatic incident.
Similarly, the firm represented a man, 62, who was injured while playing pickleball aboard his cruise ship. The firm settled the case for $500,000.
The firm obtained a confidential settlement for a family devastated by the tragic loss of their young daughter. In that case, the child was separated from her family aboard a ship when she leaned over a poorly designed cruise ship railing and fell five stories to her death.
In an ongoing cruise ship injury case being handled by Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, our client suffered significant emotional trauma when it was revealed she was among a group of passengers filmed in their private cabin bathrooms. The footage was taken by a crew member who had unfettered access to the passengers’ rooms and planted a hidden camera. In addition to our client, the victims who were filmed included minors.
That crew member was sentenced to three decades in prison for producing child sex abuse material.
That case is ongoing.
In another devastating instance in which a crew member abused their employee status for their own, sick gain, includes a case in which a Canadian tourist was raped in her cabin by a member of the ship’s crew. The crew member in that case used his employee keycard to gain access to the woman’s cabin.
The firm recovered a multi-million amount for the woman in that case.
