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• Medical Negligence

Cruise Ship Medical Negligence Requires Maritime Law Experience

The close quarters and crowded public areas on cruise ships make them breeding grounds for nasty germs and bugs like the norovirus, and there are countless ways for you to get hurt, too – slipping on a wet area of the deck, falling down stairs, bumping your head on the bottom of the pool, and even being injured out on excursions. No one wants to get sick or suffer an injury when they’re supposed to be enjoying their cruise, but unfortunately it happens. When it does, you expect to be taken care of by the medical personnel and facilities present on board.

Obviously, they won’t have all of the same advanced equipment and procedures that you can find in a hospital on land, but you should still be able to expect a competent standard of care. Sadly, though, that doesn’t always happen. Cruise ship doctors may not always be as well-trained as their land-bound counterparts, and they can be easily overwhelmed if some sort of outbreak occurs and their offices are flooded with patients. Your care might be delayed, or, just as bad, rushed. This can cause the doctor to make mistakes and do more harm than good.

If you or someone that you love is injured through the negligence of a doctor while you’re on a cruise ship, you deserve compensation for the pain and suffering that you’ve had to endure. But you can’t just go out and find a medical malpractice attorney. You need someone with experience in that area of the law, certainly, but you also need to make sure that they are a licensed maritime lawyer with expert knowledge of the different rules and regulations that cover incidents at sea. The Law Office of Andrew Winston have not only the experience and qualifications you want, but also the drive to help victims get the compensation they deserve – even if it means going to trial against the cruise line. If they believe that it’s in your best interest to do so, they won’t hesitate to take the fight to court.

Kinds of Medical Negligence on Cruise Lines

There are all kinds of improper things that medical personnel can do that constitute negligence on a cruise line, but some of them are harder to prove than others. Some of the more common types of medical negligence that have been reported include:

• Failure to diagnose or treat. As mentioned above, doctors and other medical personnel aboard cruise ships can easily become overwhelmed if they are faced with an outbreak of illnesses or multiple passengers with injuries. When this kind of situation arises on a cruise, you might find yourself waiting and waiting just to get in to see the doctor, and sometimes passengers never receive the medical help that they’ve requested and their problem goes undiagnosed until they get back to shore and can see a doctor on land. If you can prove that you reached out to the medical crew on the cruise ship and had your issue ignored, this can be used to build a case of medical negligence against the cruise line.
• Wrong diagnosis. As bad as it is to be forced to wait and wait, only to never see the cruise’s medical doctor, sometimes it can be even worse if they misinterpret your symptoms and diagnose you improperly. In one such incident, a young woman with a ruptured appendix was repeatedly told that she was just suffering from the flu until she and her family disembarked and ascertained the real problem from a doctor on land. By that time, she had developed an infection and other complications that made the issue far more serious.
• Lack of informed consent. When doctors perform procedures or even diagnose medications to improve patients’ conditions, they have to let those patients know what they are doing to their bodies and whether there are any potential side effects or complications. If your cruise ship doctor skips over this part of the process and ends up harming you through their actions, you can hire a maritime lawyer to sue the cruise line because you weren’t warned about the dangers ahead of time.
• Incorrect medical procedure. This is something that actually happens far more often in large hospitals on land because doctors may confuse patients and perform a procedure meant for one person on someone else. However, that kind of thing can happen in cruise ship medical facilities, too, often in conjunction with a misdiagnosis or when a doctor is overwhelmed by too many patients.

In all of the above situations, the results for the wronged passengers can be extremely serious – in some cases they can even be deadly. No one should have to live with and pay for the mistakes of someone else if they enter a medical facility with a specific issue and have it mishandled by the so-called professionals there. Doctors and other medical personnel have to adhere to a certain standard of care, and if they hurt someone through a mistake, they should be accountable.

Do You Have a Medical Negligence Case Against a Cruise Line?

It isn’t always easy to know whether or not you have a viable medical negligence case against a cruise line. The best way to determine this is to come in to our offices for a free consultation and speak with our experienced attorney about the specific facts of your case.

Still, there are a number of helpful questions that you should ask yourself before calling our offices, including:

• Did you experience symptoms that got worse as the cruise continued, despite seeing the doctor?
• While in port, was it necessary for you to seek help from a different treatment facility or hospital?
• How did your treatment on the ship or at port compare to the medical help that you received once you returned home?
• Did the medical staff, assess, treat, and diagnose you correctly?
• Did you experience any undue pain or injuries as a result of the medical care provided to you?

If you answered yes to any of these questions, it’s possible that you might have a viable medical negligence case against the cruise line. But the only way to know for sure is to get in touch with us as soon as possible so that we can make a professional evaluation of your case. The statute of limitations for cruise-line injuries is only a year, so you have to act fast or lose out.

We can help you set up a free legal consultation with The Law Office of Andrew Winston today if you fill out a short online case review form or by calling us at 954-606-6606 , or toll-free at  866-306-9606 . You’ve got nothing to lose and everything to gain, because the Law Office of Andrew Winston works on a contingency basis – unless they recover compensation for you, there won’t be any charge for their services.

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Integrity First, Compassion, and Excellence in All We Do

• Cruise Ship Medical Malpractice Lawyers

The Nation’s Leading Cruise Ship Medical Malpractice Law Firm Helps Cruise Ship Injury Victims Across the Globe Demand Justice

Lipcon, Margulies & Winkleman, P.A. was founded in 1971. Since then, we have grown our law firm to include eight office locations across the United States with 16 full-time maritime and cruise ship accident attorneys . Collectively, we have 200+ years of legal experience and have been successful in recovering more than $300 million for our clients in the 50 years we have been in business.

We have appeared on more than 100 respected news programs across the country as experts in maritime injury and cruise ship accident laws. Our founder, Charles Lipcon, is known for his representation in landmark cruise ship accident claims that changed the way the country litigates maritime cases. Although you may be feeling overwhelmed at the thought of going up against an international cruise line, we are here to help you navigate the claims process and ensure negligent parties are held accountable to the fullest extent of the law.

Common Injuries That Lead To Cruise Ship Medical Malpractice

Cruise ship passengers who become ill or injured often have little choice but to rely on the doctors and nurses provided by the medical facility onboard the ship. If your ship is in the middle of the ocean, far from land, getting to a land-based doctor or emergency room is not a viable option. Therefore, passengers expect and need cruise ships to provide properly trained and qualified medical staff on every cruise, but unfortunately, this is not always the case. Cruise ship medical staff may commit medical malpractice in a number of ways.

• Discouraging or refusing to provide treatment
• Improper medical treatment
• Misdiagnosis
• Delayed diagnosis
• Failure to provide proper and prompt medical care
• Failure to properly monitor patient conditions

Risk Factors You May Face for Cruise Ship Medical Malpractice

If you have suffered medical malpractice on a cruise ship, you may have been blindsided by medical negligence by the cruise lines. Unfortunately, there are some specific risk factors that can lead to cruise ship medical malpractice by cruise ship doctors.

If you find yourself needing medical care on cruise ships, be wary of the following situations and contact a Miami cruise law firm if something goes wrong.

• Most cruise ship doctors and nurses are not trained nor licensed to practice medicine or nursing in the US.
• Cruise ships are often ill equipped for all emergency medical situations..
• Passengers may suffer injuries beyond the capabilities of the ship doctors.
• There may not be adequate space for the complex area a medical care facility needs.
• Emergency response times and training are often inadequate.
• Cruise ships may be understaffed, with few available medical personnel.

If any of these risk factors happened to you, reach out to Miami cruise attorneys for help. Our cruise ship medical malpractice lawyers can offer you the support and tools you need for a successful claim.

Who Is Liable In A Medical Malpractice Case Aboard A Cruise Ship

As long as medical staff onboard a cruise ship are under the control of the cruise line (as they often are), the cruise line can be held responsible for the medical negligence committed by the ship’s medical staff. Some factors that can help towards proving that a cruise ship’s medical staff were under the cruise ship’s control include:

• The cruise line advertised its medical facilities and/or medical care to passengers.
• The cruise line hired and fired the medical staff.
• The cruise line held out its medical facility as its own to its passengers.
• The medical staff was required to wear the ship’s uniform and report to the ship’s captain.
• The ship’s doctor was an officer of the ship.
• The medical staff is directly paid by the cruise line.
• The cruise line takes responsibility for stocking and maintaining supplies, equipment, and medications in the medical facility.
• The cruise line bills passengers for medical services provided onboard the ship.

In addition, cruise ship passengers who fall victim to medical malpractice may be able to sue the cruise line on the basis that the cruise line hired (or retained) an unqualified person to be on staff. Technically, it may also be possible to file a lawsuit against a ship’s medical staff member directly. The problem often encountered is that most ship’s doctors and nurses are citizens of foreign countries over which the United States Courts lack personal jurisdiction.

Compensation Due to Victims for Medical Malpractice on a Cruise

Whether you suffered a heart attack, were misdiagnosed, or suffered an injury that was left untreated or adequate treatment was delayed, you may have grounds for a medical malpractice claim. Fortunately, our Miami lawyers are experts on medical negligence on a cruise and can help guide you through the complex determination of compensation, as well as get you the financial recovery you need.

Examples of medical negligence include:

• Failure to Diagnose
• Delayed Diagnosis
• Delayed Response to Medical Emergency
• Failure to Adequately Treat a Medical Issue Promptly
• Failure to Evacuate or Divert the ship in a Medical Emergency
• Incorrect Medical Procedure
• Wrong Diagnosis
• Denied Medical Treatment

Failure to treat patients correctly on a cruise is a serious accusation. For this reason, our attorneys in Miami will be looking for both current and future damages, as well as economic and non-economic damages, to cover the full range of compensation for injured cruise ship passengers.

Economic Damages

Economic damages cover any financial losses suffered because of cruise ship medical negligence. Your cruise ship injury attorneys can help you add up and estimate the value of your financial losses when a ship doctor or other medical staff fails to provide medical care appropriately for your needs.

Maritime attorneys can help those suffering from a serious injury after cruise ship medical malpractice to calculate these damages, which can include medical expenses, lost wages, and ongoing medical accommodations for an injury or illness for the injured victims.

Non-Economic Damages

When you seek out a Miami lawyer after an incorrect medical procedure on a cruise, you may be dealing with extra expenses due to their understaffed medical facilities or a lack of properly trained medical professionals. Whether you are a crew member or passenger, you may be entitled to non-economic damages, or the damages for the mental and emotional suffering you experienced.

Most cruise lines, like Royal Caribbean , do everything in their power to avoid paying for injured passengers and the trauma they have experienced. Cruise lines require certain steps be taken to get your damages for substandard medical care, but our injury attorneys are here to help you calculate these intangible damages and hold the at-fault party accountable.

How Do I File a Claim Against a Cruise Line?

When you have been injured by medical malpractice, like delay in response, having an incorrect medical procedure performed, or receiving a wrong diagnosis, your first step is to seek medical attention for your cruise ship injuries. Our Miami law firm can help you gather evidence of shipboard medical malpractice and take the first steps toward filing your claim.

Before you file a claim, you need to understand certain facets of general maritime law, like jurisdictional issues, that can impact your claim. Your lawyer in Miami will guide you through this process and file a written notice to the specific company in the cruise industry that led to your injuries.

Then, you can work with your cruise lawyer to take your claim to court. Usually, cruise negligence cases are required to be filed and handled in United States District Court. Fortunately, our Miami cruise law lawyers are very experienced Federal Court litigators and arehere to help when you are injured by a ship’s doctor.

Cruise Ship Medical Malpractice FAQ

Many cruise ships experience issues with a medical professional who fails to provide the medical attention passengers need, especially in medical emergencies. Passengers assume they are in good hands, but negligent hiring can lead to injuries sustained or even a wrongful death .

That is a difficult situation, which is where our law firm can help. If you have been injured in the cruise capital of the world, reach out to us to learn more about your injuries, how your ticket contract can impact your case, and more.

The following questions are often asked to our Miami wrong diagnosis on a cruise law firm.

Can you sue a cruise line for negligence?

If crew members are negligent, you may have grounds for a negligence claim. However, specific details can impact your case. For example, if you were injured by independent contractors, you may have different legal options besides the cruise line. If passengers trust their doctors, and those doctors fail to show reasonable care for patient safety, they may have grounds for a lawsuit.

Who pays for medical care on a cruise ship?

Typically, a cruise ship injury is the responsibility of the cruise line company. However, ticket contracts, injuries that happen in foreign countries, and more can impact your case. Reach out to a Miami cruise lawyer to learn more about your options.

What happens if someone breaks the law on a cruise?

When someone breaks the law on a cruise, it can lead to arrest and trial once the cruise ship is ashore. Wrongdoers may be placed in the brig if the captain feels it is necessary. For criminal negligence, however, you may need Miami cruise lawyers to fight on your behalf before you see results. Your attorney can take your case to the Southern District court to pursue compensation for this negligence.

You Can Trust Our Cruise Ship Medical Malpractice Legal Team to Bring Negligent Cruise Lines and Liable Parties to Justice

Our cruise ship medical malpractice lawyers at Lipcon, Margulies & Winkleman, P.A . are the nation’s top-rated cruise ship accident and maritime injury attorneys. Our firm has successfully recovered over $300 million and has more than 200 years of experience advocating for cruise ship accident victim’s rights. As the country’s leading litigation attorneys with thorough knowledge of international cruise ship accident rules and regulations, we are the premier choice for injury victims ready to hold negligent cruise lines and liable parties accountable.If you or someone you love has suffered debilitating or fatal injuries caused by cruise ship medical malpractice, our team is ready to help you through these difficult times. Contact our team today when you call our office at 877–233–1238 or fill out our online contact form to schedule your 100% free and confidential consultation with an experienced cruise ship medical malpractice attorney.

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CRUISE SHIP MEDICAL MALPRACTICE

A cruise provides the ideal summer vacation experience. Not only do you have access to meals, activities, and excursions, but there's also a full medical team on board to help you if you need it. Medical malpractice may occur at any moment when medical services are supplied. 

Cruise Ships and Medical Malpractice  

Passengers on cruise ships haven't been able to sue cruise companies for medical negligence that happened while they were on board for over a century because courts all around the nation have ruled that cruise lines are not responsible for the medical professionals on board. This is due to most boats and ships lacking the necessary room, equipment, or personnel to create a fully functional medical clinic. As a result, the court determined that passengers aboard a ship could not anticipate the same degree of care that they would get on land. 

Additionally, medical personnel on board a cruise were seen as independent contractors rather than employees at the time. This resulted in cruise companies not being held accountable for injuries onboard.  In a 2014 case [1] , the United States Court of Appeals for the Eleventh Circuit overruled the previous ruling. The Court rejected this antiquated norm, ruling that most current cruise ships provide passengers with luxurious facilities and high-end medical treatment [2] . 

The Court also said that cruise companies should not be immune from medical malpractice lawsuits arising from substandard medical treatment provided to passengers while on board [3] . 

While this is now the law, to pursue a successful cruise ship medical malpractice claim, certain conditions must be satisfied. The injured party, for example, must show that the nurse or doctor was a ship employee rather than an independent contractor. 

 Medical Malpractice and its Four Elements of Negligence 

• There were injuries
• The physician's duty of care was breached since he or she failed to do their job correctly
• The passenger was owed a duty of care as a patient under the care of a medical professional 
• Evidence showing that the medical professional's breach of duty directly resulted in injuries

To decide whether a medical professional is responsible for medical negligence to a passenger on a cruise ship who suffered any form of medical injury or illness while on board, the court examines these four components. 

Holding a Cruise Ship Medical Practitioner Accountable for Medical Malpractice 

In certain cases, the cruise ship cannot be held liable for the activities of the medical personnel if the doctor is charged with medical negligence. It may not be possible, for example, if the doctor is an independent contractor and not an employee of the cruise ship. 

If it is hard to link the incident to the cruise line, the passenger/patient must file a medical malpractice claim based on their proof. Typically, this entails adhering to the four criteria of negligence and retaining the services of a Florida medical malpractice attorney to assist with the case. Call our medical malpractice expert attorneys at (904) 398-1992 today. 

Taking Legal Action 

If you were on a cruise ship with a state-of-the-art medical facility at the time of the medical emergency, you may be able to initiate a lawsuit against both the doctor and the cruise company. This is one approach to ensure that the cruise line corporation is held liable for the activities of the staff doctor. 

If the doctor fails to give adequate treatment, the cruise line may be held accountable for damages if a passenger is hurt or does not get proper medical attention. It will, however, be necessary to show that the doctor or another healthcare practitioner was employed by the corporation at the time of treatment. 

Potential Liability Parties in a Medical Malpractice Case on a Cruise Ship 

As previously stated, if a ship's medical personnel is functioning as employees of the cruise company rather than as independent contractors, the cruise line may be held accountable for any medical malpractice perpetrated by the crew.

The following are some of the methods taken to verify that the cruise ship's health care staff were functioning as employees: (1) A doctor who also happens to be a ship's officer; (2) the cruise line hires and/or fires medical personnel; (3)  advertisements for onboard medical facilities or medical services for guests placed by the cruise company; (4) medical personnel who are expected to wear the cruise line's uniform and report to the ship's captain; (5) if the medical staff is paid directly by the cruise company; (6) the cruise line is responsible for maintaining medications, equipment, and supplies at the onboard medical center; and (7) any medical treatments supplied while aboard the ship are billed to guests by the cruise operator. 

In addition, if a cruise ship passenger is the victim of medical negligence, they may be able to sue the cruise company for hiring untrained personnel. It's sometimes necessary to file a separate case against the liable medical staff member. 

Types of Medical Malpractices Onboard

When a guest aboard a cruise ship becomes sick or wounded, their only option may be to depend on the medical personnel at the ship's medical center.

After all, if you're on a cruise, you may not be able to call a land-based doctor since you're in the middle of the ocean and far away from shore. 

Passengers nowadays want and expect cruise ships to have skilled and trained medical personnel on every voyage. Regrettably, this isn't always the case. A cruise ship's medical personnel may commit medical negligence in a variety of ways. On a cruise ship, medical negligence may occur in a variety of ways, including: 

• Ineffective medical care 
• Refusing or hindering a passenger's treatment
• Failure to keep track of a patient's medical condition.
• Failure to provide timely and appropriate medical treatment 

Injuries that Require Medical Assistance on a Cruise Ship

The majority of cruise passengers will not need medical assistance. Those who unfortunately do need medical assistance, however, may face a lengthy and tough journey due to medical malpractice. Onboard a cruise ship, a traveler may need to see a doctor for a variety of reasons, including: 

Accidents Involving Recreational Activities

On a cruise ship, there are several activities available. You may go swimming and engage in a variety of activities in the different pools. While they are designed to be amusing and exciting, if you aren't attentive and safe, they may result in severe injury. 

Food Poisoning

The incredible cuisine selections offered by most cruise ships are a major selling factor. Passengers on certain cruises have the option of having limitless beverages and meals. When this service is given, the cruise line is responsible for ensuring that the food is preserved correctly and that it is safe to consume when served. Onboard guests may contract food poisoning or other dangerous illnesses if the cruise company fails to perform this responsibility. 

The many different legal hoops you may have to jump through if you are hurt or get sick aboard a cruise ship, or if you are dealing with a negligent healthcare provider or doctor, is one of the most arduous aspects of the process. Maritime law is, in reality, a complex subject that differs from other laws. It also changes depending on where you are in the water at the time of the accident. You must also acknowledge that most major cruise companies employ a huge staff of costly attorneys to defend their cases and assist in the dismissal of claims. 

Slip and Falls

A slip and fall accident is one of the most prevalent accidents aboard any cruise ship. It's easy to understand why flooring is often wet and slippery with such vast surfaces exposed to the weather and surrounding large sources of water, such as hot tubs and pools. 

Drinks are often offered in dining areas, and dancing floors might be unkempt, resulting in a passenger falling and suffering severe injuries. 

Assault  

Cruise ships have become bigger businesses, and as a result, they must safeguard passengers from damage. Sexual, as well as physical assault, are included. If a passenger is assaulted, whether, by a member of the crew or another passenger, they have the right to initiate a lawsuit. 

Taking Legal Action Against a Cruise Ship for Medical Malpractice 

A cruise ship medical malpractice claim may be filed against two parties. The medical team that gave treatment is one thing, but the cruise company is another. You must comprehend some hurdles to suing each defendant. 

The medical crew aboard a cruise ship, for example, is often made up of citizens of other countries. As a result, there is a jurisdictional barrier that must be overcome to pursue a medical malpractice claim against the cruise ship's medical personnel. The doctor on the ship must have committed the misconduct or live in the state where the court is situated before a court may consider the medical malpractice action against him. 

In other cases, the jurisdictional obstacle cannot be surmounted since the ship's medical personnel is based outside of the United States and the malpractice happened while the ship was on the ocean. However, in rare cases if the doctor resides in the United States or the malpractice occurred in the waters of a specific state, such as Florida, it's critical to have the problem reviewed. 

There are no jurisdictional barriers to launching a medical malpractice lawsuit against a cruise company located in the United States. All of the major cruise lines located in the United States include a provision in their tickets that specifies the court in which a lawsuit against them must be filed. A vicarious liability claim is a medical malpractice lawsuit filed against one of these cruise companies. 

Call Nooney, Roberts, Hewett & Nowicki Today!

Florida is known for its large number of cruises. In most situations, cruise companies demand that any lawsuit be filed in our Sunshine State.

Our maritime lawyers at Nooney, Roberts, Hewett & Nowicki have extensive expertise in addressing cruise ship medical negligence issues due to the high volume of cruise lines and the subsequent and inevitable accidents that happen onboard. This knowledge enables us to identify the essential concerns in these circumstances and begin gathering evidence to back up our clients' claims. We'll then fight to make sure that each of the clients we represent gets fairly compensated for the injuries and losses they suffered as a result of the cruise ship's medical malpractice. Maritime law is extremely complicated. Do not go through this difficult process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive maritime attorneys! ¡Hablamos español!

[1] Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014)

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Cruise Ship Medical Negligence Lawyers

Every year, millions of people take vacations aboard cruise ships, expecting to have a relaxing and fun-filled time. However, any vacation can become an accident or personal injury, and cruise ships are not immune to such happenings. With Miami being a home base for numerous cruise lines, many vacationers and tourists from Miami and elsewhere want to take a cruise to the Bahamas, the Caribbean, or Mexico. The cruise ship is responsible for protecting each passenger’s safety – their health and well-being. Unfortunately, a serious cruise ship injury can sometimes spoil the vacation experience. Both workers and passengers on board a cruise ship are vulnerable to any number of dangers while they are docked at port or out at sea.

Cruise lines must have qualified medical crews on board to keep passengers safe. Unfortunately, there are circumstances in which the medical treatment these staff members provide does not meet the required standards, and an individual’s medical condition can worsen. Cruise ship negligence is often to blame for medical crew errors. Still, because most of these individuals are independent contractors, it can be difficult to know who is accountable for medical crew negligence. Any physician should be held liable for committing an act of negligence that causes injury to a person to whom he or she owes a duty of care. Medical crewmembers aboard a ship are no exception to this and should be held accountable.

If you suffer an injury aboard a cruise ship and there are further complications due to your negligent medical care, it can be a traumatic experience and may lead to long-lasting problems. You could face physical pain, unaffordable medical bills, lost work wages, financial stress, and even major lifestyle changes. The cruise ship medical negligence lawyers at Louis A. Vucci, P.A. believe that you do not need to be financially responsible for an injury caused by cruise ship medical crew negligence. We have successfully handled cruise ship injury cases through the years and can help you. Contact our office today at (786) 375-0344 to learn more about how our skilled legal team can assist you.

Do I Need a Cruise Ship Medical Negligence Attorney?

If you have been injured aboard a cruise ship, you may have many questions about your initial accident or injury and your subsequent medical care received on your cruise ship. You may ask whether the cruise ship is responsible for the costs associated with your further complications. You may also worry that you will be out of work indefinitely and that you will have high medical bills. It is also unlikely that you can get the fair compensation that you deserve without a lawyer to represent you.

Cruise ship medical crew negligence cases can be complicated, so getting compensated for these types of cases can be challenging. Obtaining the services of our cruise ship medical negligence firm can help you build a stronger case and potentially maximize your recovery.

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Why Choose Louis A. Vucci, P.A.?

Look no further if you need a skilled legal team with experience with cruise ship medical crew negligence. While many other law firms may claim they can handle the nuances and difficulties posed by cruise ship medical crew negligence, we have the record of success to back up that claim. Although you have a selection of other firms in the area, how do you know that they will be dedicated to fighting for you? Our team strives to earn our client’s trust by communicating openly and honestly throughout the legal process.

Our cruise ship medical malpractice firm has the experience you need on your side if the actions of the medical crew harmed you. We take our job very seriously and we genuinely want to help you. We understand that our clients have already been through a traumatic experience with their illness or injury, and they don’t deserve to have been treated by an incompetent medical crew that caused them further distress. The Louis A. Vucci, P.A. team shows compassion and empathy towards our clients, treating them with the respect they deserve.

With our knowledgeable cruise ship attorneys as your advocates, we are ready to fight to protect your best interests. Louis A. Vucci, P.A. believes that victims should not suffer further pain due to the medical team’s negligence aboard the cruise ship. Complete our email form, chat live, or call our offices today at (786) 375-0344 . You will not owe us anything unless we win your case, and our consultation is completely free.

Medical Negligence Cases We Handle

At Louis A. Vucci, P.A., our cruise ship medical negligence lawyers are prepared to handle passenger injuries, whether you are docked at port or out at sea. There are numerous ways in which a cruise ship’s medical crew may be credibly accused of dangerous negligence and liable for passenger injuries. Medical errors aboard cruise ships can include:

• Failure to diagnose – A timely diagnosis is crucial when an injury occurs on a cruise ship. If a medical crew fails to diagnose an injury, an improperly treated accident victim may suffer even more pain and expense from his or her injury. All cruise ships should have medical crews comprising competent health professionals who can make timely diagnoses for vacationers aboard cruise ships. Some of the more common illnesses and injuries left undiagnosed include infections, heart attacks, pneumonia, broken bones , and appendicitis.
• Wrong diagnosis – When seeking medical care on a cruise ship trip, you are expected to receive a proper diagnosis. Yet, medical crews can incorrectly diagnose patients and cause even more serious damage to patients than they initially experienced. In addition to physical recovery, wrong diagnosis victims often must contend with expensive medical bills and the cost of lost wages. Any incorrect diagnosis by a cruise ship medical staff member can result in many unwanted consequences. Some of the dangers of a wrong diagnosis include delayed treatment, wrong medication, improper treatment, prolonged illness or injury, or a longer recovery process.
• Lack of informed consent – Passengers injured on a cruise ship must be treated with the same medical standards as if they were in a hospital. Injured and sick cruise ship passengers sometimes cannot express their consent to medical decisions. Patients need to be able to fully understand a medical decision or procedure before they are provided treatment. If not, the patient can end up worse off than they were from their initial injury or illness. Informed consent must include the nature of the procedure or medical decision, any alternative forms of treatment, risks and benefits of the treatment, assessment that the patient fully understands the proposed treatment, and, most importantly, the approval by the patient for the procedure or medication.
• Incorrect medical procedure – Patients have every right to assume that their crew will follow the highest medical standards and provide them with proper care. Even if a licensed medical professional diagnosed an injury aboard a cruise ship, incorrect medical procedures may still occur and this could exacerbate an illness or injury. Some incorrect medical procedures that are problematic for patients are prolonged injury or illness, allergic reactions, or worsening of the original symptoms.
• Failure to treat – An illness or injury aboard a cruise ship can be overwhelming and stressful. It can be difficult to feel comfortable and recover when you are docked at a port or out at sea and away from the usual medical amenities. When cruise ship medical staff recognize your signs and symptoms but disregard them as unworthy of treatment, unfortunate results can occur and may lead to numerous health issues. Treating injuries and illnesses as soon as possible is crucial. Otherwise, serious consequences can result, including but not limited to: prolonged illness or injury, the spread of illness, heart attack, infections, or the failure to check for serious illnesses.

In any of these circumstances, medical crew negligence can have serious consequences for cruise ship passengers, who may suffer further medical complications. To find out who is ultimately responsible for injuries such as these and to take legal action, contact Louis A. Vucci, P.A. today.

Cruise Ship Injury FAQS

The attorneys at Louis A. Vucci, P.A. pride ourselves on our excellent communication with our clients. It’s for this reason that we’re adding some of the most commonly received questions that are related to cruise ship personal injuries:

Every person has the responsibility to treat every other person they encounter with reasonable care. Negligence occurs when a person fails to take this reasonable care. Reasonable care is defined as acting with a degree of caution that a rational person would exercise under the same circumstance. For instance, a physician who fails to follow protocol for a routine surgery that later has complications can be found guilty of negligence.

Medical malpractice applies to reckless or negligent actions on the part of a doctor or medical staff. If they fail to properly diagnose a serious condition or if they do not provide prompt, competent care, they may be held liable for prolonged suffering or additional injuries that their actions caused. We have a network of qualified medical consultants that can weigh in on the actions of the medical team and can verify whether or not the crew acted in a manner that differed from the care that a competent doctor or team would have acted.

Generally, the damages you can receive are related to the severity of your injury and the recklessness of the responsible medical crew or physician. The law realizes that injuries can be extremely costly. That’s why you can recover money for past and future hospital bills, physical therapy, medication, specialized medical treatment, counseling, lost work wages, required lifestyle changes, physical pain, emotional stress, and a variety of other injury-related costs. After an incorrect medical procedure or diagnosis, seeking legal counsel can help you to fully understand your legal and financial options.

Cruise Ship Injury Statistics

Traveling on a cruise ship is one of the most popular vacation activities worldwide. Travel industry figures indicate that more than 20 million people went on a cruise in 2012 alone. More than half of those people(11.5 million) were in the U.S. market. In addition, more and more U.S. citizens are choosing to spend their vacations aboard cruise ships. The United States Coast Guard reports that there are around 200 overnight, ocean-going cruise ships worldwide. The average cruise ship carries about 2,000 passengers and includes a crew of 950 people. The Coast Guard speculates that more than 23,000,000 people will be cruise ship passengers in 2017.

Due to the popularity of this vacation option, chances are that cruise ship traveling will come with its fair share of risks and dangers. Common sense safety measures and reasonable precautions can potentially avoid many cruise ship accidents and incidents. However, when the unavoidable happens, the cruise ship is expected to have a competent medical crew aboard to handle any number of illnesses, injuries, or accidents. If the medical crew fails to diagnose, makes a misdiagnosis, or fails to treat properly, numerous complications can result.

Since injuries on cruise ships can be extremely dangerous because they are out at sea or in a port far away from home, many cruise lines employ a fully equipped and trained medical staff. Yet, the medical crew may not properly diagnose, may fail to treat properly, or may perform an incorrect medical procedure, causing you more distress, pain, or injury. Any passenger that is injured or becomes further ill due to medical crew negligence or recklessness while on a cruise ship trip deserves compensation for their injuries.

According to one study from International Maritime Health , 663 injuries occurred on a single cruise ship over the course of three years. Most of the victims suffered their injuries while aboard the ship, primarily in their cabins. Falls caused a staggering 44.8% of these injuries. In addition, cruise ship passengers can also be subject to severe illness due to improper sanitation and poor food quality. In any case, a cruise ship medical crew needs to be fully equipped and capable of handling any type of injuries, accidents, or illnesses so that the safety of each passenger is assured and protected.

Contact a Medical Negligence Attorney Today

At Louis A. Vucci, P.A. we’ve spent our careers helping people just like you who were hurt on a cruise ship. It takes knowledgeable and skilled attorneys to review each cruise ship injury case thoroughly so that we can fight to help you recover the compensation you are rightfully owed from the cruise line. Our firm understands that your situation may seem overwhelming; however, it is not something you have to go through without help.

Our compassionate legal team dedicates itself to achieving maximum compensation in these types of personal injury cases. At Louis A. Vucci, P.A. our office works on a contingency basis – meaning that we only get paid if we recover on your behalf. If we don’t secure you compensation, we don’t get paid!

Call us at (786) 375-0344 to schedule a free consultation. Complete our email form , chat live, or call us – we are here for you to fight for your rights and interests and get you the compensation that you deserve!

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Types of Claims

There are many things for which a passenger may make a claim, some of which include:

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Ryan Bockiaro

Louis is down-to-earth and will go out of his way to help you

I was injured on a cruise ship – I slipped and fell and injured my shoulder. I was not sure about the process and needed help. I had no idea about the difficulty in dealing with a cruise line. My attorney, Louis Vucci, handled my claim from beginning to end and guided me throughout. He […]

Firstly, I want to say a massive thank you to everybody at the Vucci Office! In particular – Karl, Millie and Raul . I was visiting from England and they couldn’t have made me feel more welcome; They worked perfectly as a team to make me feel assured and made a hard time much easier. […]

I broke my C4 vertebrae after suffering a fall on a Flow Rider excursion sold by Carnival Cruise Line. I was very fortunate to have Louis Vucci represent me in my personal injury lawsuit. Louis was extremely professional, knowledgeable and tenacious. He did an excellent job of asserting my claim against all responsible parties (including […]

Denise Grosdanof

My son broke his arm while participating in the onboard child care program. I approached other lawyers who turned down my case. I was about to give up and I decided to try one last time. I found Louis and I could not be happier that I did. Not only did he sympathize with my […]

Andrew Somer

I worked with Louis and The Vucci Law Group from an incident I had aboard a cruise ship. Louis was very candid, honest and sympathetic to my situation. He was thorough and worked on my behalf with the cruise line, insurance and medical companies. He kept me fully updated and informed every step of the […]

I had to have hip repair surgery because of a slip and fall on a cruise ship. Louis was very kind and professional. This was my first experience working with an attorney. He never tired of all my questions and answered truthfully and respectfully. He honestly understood my concerns and addressed every single one. I […]

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Cruise Medical Malpractice Lawsuit in 2024 - Things to Know

If you or a loved one sustained injuries due to medical malpractice on a cruise, filing a  cruise medical malpractice lawsuit  is a good option to claim damages. 

Passengers suffering from issues that require medical attention when aboard a cruise ship may encounter a medical malpractice incident. It might be because the medical professional engaged in negligence, or they could have breached their duty of care to the patient.  

For example, a passenger suffers an injury at the hands of a cruise ship doctor. Another instance is when the patient receives treatment or medication that is not needed or applicable. The mistreatment can prove detrimental or even fatal to the passenger in these incidents. Thus, it is important to gather as much evidence as possible to strengthen your case before filing a  cruise medical malpractice lawsuit .

Common injuries that lead to cruise ship medical malpractice

Cruise ship passengers who become ill or injured often have little choice but to rely on the doctors and nurses provided by the medical facility onboard the ship. If your ship is in the middle of the ocean, far from land, getting to a land-based doctor or emergency room is not a viable option. Therefore, passengers expect cruise ships to provide properly trained and qualified medical staff on every cruise. Unfortunately, this is not always the case.

Cruise ship medical staff may commit medical malpractice in several ways. These include:

• Delayed diagnosis.
• Discouraging or refusing to provide treatment.
• Failure to provide proper and prompt medical care.
• Failure to properly monitor patient conditions.
• Improper medical treatment.
• Misdiagnosis.

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Cruise medical malpractice and the coronavirus pandemic

• Airway management systems.
• Blood pressure monitoring equipment.
• Cardiac EKG monitoring systems.
• IV supplies and pumps.
• Nebulizers.
• Oxygen systems.

Who is liable in a medical malpractice case abroad on a cruise ship?

As a general rule, if the medical staff onboard a cruise ship is acting as employees of the cruise line rather than as independent contractors, the cruise line can be held liable for medical malpractice committed by their staff.

Here are some factors that can help you prove that the cruise ship’s medical staff acted as employees:

• The cruise line advertised its medical facilities or medical care to passengers.
• The cruise line hired and fired the medical staff.
• The medical staff was required to wear the ship’s uniform and report to the ship’s captain.
• The vessel’s doctor was an officer of the ship.
• The medical staff is directly paid by the cruise line.
• The cruise line takes responsibility for stocking and maintaining supplies, equipment, and medications in the medical facility.
• The cruise line bills passengers for medical services provided onboard the ship.

Furthermore, cruise ship passengers who fall victim to medical malpractice may be able to sue the cruise line for hiring an unqualified person to be on staff. Technically, filing a  cruise medical malpractice lawsuit  against the staff members directly may also be possible. However, as most doctors and nurses onboard cruise ships are citizens of foreign countries, the United States Courts may not have jurisdiction over their persons. 

Nevertheless, the concerned cruise line often offers indemnification for negligent shipboard doctors and nurses. Hiring the top lawyers will help you get a fair  settlement for   medical malpractice on a cruise.

The 4 elements of negligence

Any person who makes a medical malpractice claim or files a malpractice lawsuit should prove the following four (4) elements:

When assessing  medical malpractice on a cruise claim , the first thing to check is whether or not the defendant owed the plaintiff a legal duty of care. In some circumstances, the relationship between the plaintiff and defendant might create a duty by operation of law. For example, a doctor owes a patient a legal duty to provide them with competent medical care. Another example is that a person is expected to operate a motor vehicle safely and with a certain level of due care to his passengers as well as third persons.

Breach of duty:

Next, the court will determine whether the defendant breached this duty by doing (or not doing something) that a reasonably prudent person would do under similar circumstances.

Note: the term “reasonably prudent person” refers to a legal standard that represents how the average person would responsibly act in a certain situation.

In other words, the defendant would be found liable for  medical malpractice on cruise ships  if the average person, knowing what the defendant knew at the time, would have known that someone might have been injured as a result of his or her actions and would have acted differently than the defendant did in that situation.

The third element requires that the plaintiff show that the defendant’s negligence or breach of duty caused their injury. For example, the claimant must prove that the condition she developed after receiving treatment from the cruise ship doctor was because she was given a medicine that she was not supposed to take. 

Another aspect of this element looks at whether the defendant could reasonably have foreseen that his or her actions might cause an injury. For instance, if the defendant’s actions somehow caused the plaintiff injury through a random, unexpected act of nature, the injury would most likely be deemed unforeseeable, and the defendant would not likely be found liable.

This element is quite complex. Therefore, you would need qualified maritime lawyers to help you prove causation to get maximum compensation for your injury.

The final element of a negligence case is damage. In essence, this means that the breach of duty or negligence should have resulted in an injury or damage to the claimant. It will then be the basis of the computation for monetary compensation. This includes coverage for medical care or property repair.

Why choose Ethen Ostroff Law?

Cruise injury claims are complicated due to jurisdictional issues and other legal questions. Therefore, to help establish and prove a cruise medical malpractice lawsuit , the injured party needs the support and assistance of an experienced maritime lawyer.

Our team at Ethen Ostroff Law works closely with clients to prove all elements of negligence and gather sufficient evidence for settlement negotiations. To ensure you get maximum compensation, we will provide you with the best references of skilled  lawyers of   medical malpractice on the cruise . Our contacts have extensive experience investigating and litigating these types of cases both nationally and internationally.

Call us at 610-510-8883  or contact us online to schedule a free initial consultation .

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Cruise Ship Medical Malpractice Claims

The Appellate Court had to decide whether a passenger could invoke the principles of actual agency or apparent agency to impute to a cruise line liability for the medical negligence of its onboard nurse and doctor. The Appellate Court ruled that actual agency and apparent agency were viable theories available to the plaintiff in this case. The Appellate Court stated: “We have repeatedly emphasized that vicarious liability raises fact-bound questions, and we can discern no sound reason in law to carve out a special exemption for all acts of onboard medical negligence.”

The Underlying Facts

On July 23, 2011, a passenger, along with his wife and family, were aboard the “Explorer of the Seas” cruise ship owned and operated by Royal Caribbean that had sailed to Bermuda. When in port in Bermuda, the passenger fell while boarding a trolley at or near the dock, thereby suffering a severe blow to his head. The passenger was allegedly required to go to the ship’s medical center to be seen for his injuries and was taken in a wheelchair to the ship’s infirmary.

A nurse allegedly employed by Royal Caribbean evaluated the passenger and observed a lump and an abrasion on his head. The nurse did not administer or recommend any diagnostic scans and advised the passenger and his wife that he was fine to return to his cabin, but cautioned the man’s wife to keep an eye on her husband’s condition because he might have a concussion.

An hour and a half after returning to his cabin, the man’s son and daughter-in-law noted a deterioration in the man’s condition. The daughter-in-law called the ship’s emergency number but it took twenty minutes for someone to arrive to transport the man by wheelchair back to the infirmary. Once he arrived at the infirmary, medical staff refused to examine him until the ship’s personnel could obtain his credit card information.

Nearly four hours after his first visit to the ship’s infirmary, the man was evaluated by the ship’s physician, who was an employee of Royal Caribbean. The physician had the man transferred to King Edward Memorial Hospital in Bermuda; the man arrived at the hospital two and a half hours after being evaluated by the onboard physician, by which time his life could not be saved. He was airlifted the following day to Winthrop-University Hospital in Mineola, New York, where he was in the intensive care unit until he died one week later.

The Cruise Ship Malpractice Claim

A lawsuit was filed against Royal Caribbean only, under 28 U.S.C. § 1333 and the general maritime laws of the United States, alleging various negligent actions by Royal Caribbean’s onboard medical personnel. The trial court dismissed the plaintiff’s claims pursuant to the Barbetta rule.

The Appellate Court held that it was obliged to exercise its broad discretion in admiralty and maritime to develop law in this area of the law. Under general maritime law, a shipowner traditionally has owed no duty to practice medicine or to carry a physician on board. Therefore, the shipowner is only liable to its passengers for medical negligence if its conduct breaches the carrier’s more general duty to exercise reasonable care under the circumstances.

The plaintiff did not argue that Royal Caribbean violated its duty to exercise reasonable care under the circumstances but rather sought to hold Royal Caribbean vicariously liable under the doctrine of respondeat superior because the ship’s medical employees allegedly failed to treat her father with appropriate care. The Appellate Court held that it would be manifestly just to hold principals responsible for the conduct they command from their employees (“We can see nothing inherent in onboard medical negligence, when committed by full-time employees acting within the course and scope of their employment, that justifies suspending the accepted principles of agency”).

The Appellate Court stated that absent any statutory mandate to the contrary, the existence of an agency relationship is a question of fact under general maritime law. The Appellate Court held that the plaintiff’s complaint unambiguously alleges an agency relationship between the employer, Royal Caribbean Cruises, Ltd., and its full-time employees, the onboard nurse and physician, and nothing in the complaint suggests that these medical professionals somehow acted outside the scope and course of their employment or that the requisite control was missing. Thus, applying the standard principles of agency, it held that the plaintiff’s complaint sets out a plausible basis for imputing to Royal Caribbean the allegedly negligent conduct of its onboard medical employees.

The Appellate Court held that it did not find that the arguments set forth in Barbetta justify its broad grant of immunity from vicarious liability in all claims of medical malpractice. The Appellate Court stated that it was obliged to follow its own maritime precedent, which demands fact-intensive treatment of agency questions: “We cannot accept a legal principle that would erect a categorical exception from this settled practice, and we see no reason to follow an outdated rule that serves no useful purpose in modern maritime law. Thus, we hold that [the plaintiff’s] allegations established a plausible agency relationship between the employer, Royal Caribbean Cruise Lines, Ltd., and its employees, [the nurse and the physician onboard], and that the district court improvidently granted the Rule 12(b)(6) motion to dismiss.”

The Appellate Court also concluded that a passenger may sue a shipowner for medical negligence if he can properly plead and prove detrimental, justifiable reliance on the apparent agency of a ship’s medical staff-member (respondeat superior derives from a principal’s right to control the conduct of its agents – liability under apparent agency flows from equitable concerns when a principal’s conduct could equitably prevent it from denying the existence of an agency relationship). Under apparent agency, three elements must be satisfied: a representation by the principal to the plaintiff, which causes the plaintiff reasonably to believe that the alleged agent is authorized to act for the principal’s benefit, and which induces the plaintiff’s detrimental, justifiable reliance upon the appearance of agency.

Lastly, the Appellate Court held that in order to plead negligence in a maritime case, a plaintiff must allege that (1) the defendant had a duty to protect the plaintiff from a particular injury; (2) the defendant breached that duty; (3) the breach actually and proximately caused the plaintiff’s injury; and (4) the plaintiff suffered actual harm. In the case it was deciding, the Appellate Court stated that the precise contours of Royal Caribbean’s duty depend on questions of fact that need not and cannot be answered at the pleading stage; the plaintiff’s specific allegations sufficed.

Source   Patricia Franza, as Personal Representative of the Estate of Pasquale F. Vaglio, Plaintiff – Appellant versus Royal Caribbean Cruises, Ltd., a Liberian corporation, Defendant – Appellee . No. 13-13067.

If you or a family member may have a claim of medical negligence against a cruise line, you should promptly consult with a maritime medical malpractice lawyer who may investigate your cruise ship medical malpractice claim for you and represent you in a claim of medical malpractice against a cruise line, if appropriate.

Click here to complete and submit a secure form  from our website or call us toll-free at 800-295-3959 to find a cruise ship medical malpractice lawyer who may assist you.

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Court opinion paves way for medical negligence claims against cruise ship.

Injuries and illness are common occurrences on cruise ships. If you catch the flu or break a bone, your first stop will likely be the ship’s urgent care facility. Staffed by doctors and nurses, these center’s can help fix what ails you. However, just like medical practitioners on land, these professionals can make mistakes and cause your condition to worsen instead of improve.

On land, when a medical professional makes a mistake as the result of negligence, the patient can pursue financial compensation through a medical malpractice claim against the doctor and even the facility he works for. The rules have been different for medical staff on a cruise ship, though. In the past, it was nearly impossible to hold a cruise ship company accountable for medical malpractice by its staff, but a recent court ruling may change that.

In a 63-page opinion from the U.S. Court of Appeals for the 11th Circuit, Judge Stanley Marcus found that maritime law supports the right of a patient to hold the cruise line accountable for medical negligence.

The opinion stems from a claim filed by the daughter of an elderly cruise ship passenger. The passenger, Pasquale Vaglio, fell during his voyage on the Royal Caribbean cruise ship the Explorer of the Seas. The ship was docked in Bermuda at the time of the incident.

Mr. Vaglio sought treatment with the ship’s medical staff, but fell into a coma and later died. His daughter, Patricia Franza, filed a wrongful death claim against Royal Caribbean Cruise Lines in the United States District Court for the Southern District of Florida. The lawsuit claims that his death was the result of the ship’s medical staff failing to diagnose cranial trauma in a timely manner.

The lawsuit was initially dismissed by Judge Joan A. Leonard in accordance with a long-standing maritime law concept that essentially grants immunity to ship owners from claims of medical malpractice by their medical staff.

When the case landed in the appellate courts, however, the opinion written by Judge Marcus found that maritime law does support the plaintiff’s right to hold Royal Caribbean accountable for the staff’s actions.

In the opinion, Marcus says that the roots of the immunity concept for owners of vessels “ “snake back into a wholly different world. Instead of 19th-century steamships … we now confront state-of-the-art cruise ships that house thousands of people and operate as floating cities, complete with well-stocked modern infirmaries and urgent care centers. In place of truly independent doctors and nurses, we must now acknowledge that medical professionals routinely work for corporate masters.”

The cruise ship injury attorneys at Maintenance and Cure provide legal assistance to those who are injured or became ill on pleasure cruises, including passengers and crewmembers.

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Medical Malpractice On Cruise Lines

• March 31, 2015

Last fall, the Eleventh Circuit finally overturned  100 years of legal precedent in Franza v. Royal Caribbean Cruises Ltd .   The United States Eleventh Circuit Court of Appeals (the last stop before the US Supreme Court) refused to follow a case out of the United States Fifth Circuit Court of Appeals named Barbetta v. S/S Bermuda Star .   The Barbetta Rule, as it has since been called, precluded cruise lines from being held vicariously liable for the medical malpractice of their ships’ doctors and nurses.  Franza did not overrule Barbetta.  This is because the cases are in different circuits.  The US Supreme Court would have to decide on this case if appealed in order to make Franza controlling in all circuits throughout the country.

Most of the major cruise lines require all lawsuits to be filed in the Southern District Court in Miami (Royal Caribbean, Norwegian, Silversea, Crystal Cruises, and Carnival).  This District Court has for years struck down claims against cruise lines for malpractice based on negligent supervision, inadequate training, having insufficient numbers of medical personnel, not providing medical equipment, and failing to promulgate and enforce medical standards.  All this has now changed under Franza.

So, how was the court in Franza able to distinguish and strike down the Barbetta Rule?  The maritime attorneys representing the deceased plaintiff thoughtfully crafted an argument using agency principles.  While the Barbetta Rule created an exemption for shipboard malpractice claims, the Eleventh Circuit concluded in Franza that:

The rule confers this broad immunity no matter how clear the shipowner’s control over its medical staff or how egregious the claimed acts of negligence….  We have repeatedly emphasized that vicarious liability raises fact-bound questions, and we can discern no sound reason in law to carve out a special exemption for all acts of onboard medical negligence.  Much has changed in the quarter-century since Barbetta .  As we see it, the evolution of legal norms, the rise of a complex cruise industry, and the progression of modern technology have erased whatever utility the Barbetta rule once may have had.

The Barbetta decision dealt mostly with respondeat superior, a Latin legal term meaning “let the superior make answer.”  It holds an employer liable for the employee’s wrongful acts committed within the scope of the employment or agency.  The attorneys in Franza attempted to use other vicarious liability theories like an apparent agency.  In order to prove apparent agency, the attorneys had to show that the cruise line’s representations gave rise to the reasonable belief that the doctor was its agent, followed by the passenger’s detrimental reliance on that representation.  In the past, it was relatively easy to prove that ship doctors were represented to be agents of the cruise line (they were oftentimes labeled as ship officers).  However, the cruise lines have routinely used the cruise ticket to disclaim any medical negligence by these doctors and staff as well as making these doctors and staff independent contractors. The ticket expressly states that the cruise line is not responsible for the medical negligence of their medical staff.  The cruise lines used this information to say that the passenger’s reliance was unreasonable.

Germaine to any claim for vicarious liability is the level of control the employer (cruise line) has over the employee (medical staff).  The court in Franza only held that it was possible for a passenger to state a claim for vicarious liability.  A claimant must still prove control.  The Franza Court considered the following factors as significant in allegations against the cruise line:

• Advertised the existence of the medical center to its passengers;
• Retained the right to both hire and fire medical staff;
• Required the nurses and doctors to wear ship’s uniforms and serve under the ship’s officers;
• Paid salaries to the medical staff;
• Stocked the hospital with all supplies, medicines, and equipment; and
• Billed for medical services on the passenger’s shipboard charge card.

The cruise industry has adopted industry standards for medical care while onboard their ships.  These were set out in the American College of Emergency Physician’s (ACEP) 1995 Health Care Guidelines for Cruise Ship Medical Facilities .  These guidelines require medical staff on cruise lines to set minimum credentialing, training requirements, development of a “medical operations manual,” and criteria for medications and equipment the ship must carry.

When Barbetta was decided, the cruise industry was not technologically as sophisticated as it is today.  Barbetta famously held that “ships are not floating hospitals.”  This is simply not the case anymore, and the Franza Court saw right through that argument.  Cruise ships today are floating cities.  They are able to communicate to onshore medical departments instantaneously. Most lines also have contracts with large shore-based hospitals to provide medical guidance.

Time will tell if Franza will succeed at the trial court level.  No doubt the cruise industry has taken notice and, at this very minute, is likely seeking out ways to change its procedures so that the medical negligence of their staff cannot be imputed to them.

If you have been injured on a cruise ship and have suffered due to the medical negligence of the staff, call today for a free consultation.  The LaBovick Law Group has a team of attorneys that focus their practice on maritime law.  Because most suits against the big cruise lines must be filed in Miami, our firm handles claims from clients living all over the country.  The cruise industry is a multi-billion dollar business with the resources to fight each and every claim tooth and nail.  We know how to battle these giant corporations to get the results our clients deserve.  Be careful, the law on land is different from that on the water.  Suits against the cruise industry have a statute of limitations of one year, and often require a notice of claim to be filed within six months.  Choosing an attorney who knows maritime law will get you the best result for your case.  The attorneys at the LaBovick Law Group are well versed in maritime law.

_______________________________________________________

UPDATED 9/21/2015

Sorrels v. NCL (Bahamas) Ltd.

In early August, the Eleventh Circuit came out with yet another extremely important case impacting maritime law.  The case is called Sorrels v. NCL (Bahamas) Ltd. , Nos. 13-15858, 14-14467, WL 4619887 (11 th Cir. Aug. 4, 2015).  This case involved a slip and fall of a passenger while onboard a Norwegian Sky Cruise.  The Distict Court in this matter ruled that the coefficient of friction (COF) testing done by the plaintiff’s expert , Dr. Zollo, was not based on reliable methods.  This was due to the fact that Dr. Zollo tested an area of the pool deck that was not traveled by the plaintiff and the testing was done nearly a year and a half after the incident.  The District Court also found that Dr. Zollo’s opinion that the ATSM standard of 0.6 was the minimum acceptable COF for the deck only applied to crew members and not to fare-paying passengers. This standard did “not govern cruise-ship passenger decks” because it only discussed general safety standards for “workers aboard ships and did not address the appropriate standards for passenger areas on cruise ships.”  D.E. 93 at 11.

Dr. Zollo relied on ASTM F1166-07 for his opinion of the industry COF standard.  The 11 th Circuit Court of Appeals held that “evidence of custom within a particular industry, group, or organization is admissible as bearing on the standard of care in determining negligence.”  Muncie Aviation Corp. v. Party Doll Fleet, Inc. , 519 F.2d 1178, 1180 (5th Cir. 1975).  ASTM F1166-07 “provides ergonomic design criteria from a human-machine perspective for the design and construction of maritime vessels and structures.”  ASTM F1166-07 at § 1.1.  More specifically, ASTM F1166-07 states that “walkways, passageways, decks and all other walking surfaces shall have a nonskid surface sufficient to provide a coefficient of friction of 0.6 or higher measured when the surface is wet.”  Id at § 11.12.1.2.

Finally the Eleventh Circuit got it right.  They realized that on cruise ships there are numerous areas traversed by both crew members and passengers, including pool decks.  The Eleventh also threw out the District Court’s argument that the testing done nearly a year and a half later of an area not traversed by the plaintiff was not “substantially similar.”  The Eleventh properly held that delay in viewing or inspecting the place where an accident took place normally goes to weight and not to admissibility.

The Sorrels ruling should now make it much harder for the courts to Daubert a liability expert and then grant summary judgment for lack of evidence.  This case also confirms that the standard COF for the cruise line is 0.6 for both passengers and crew alike.

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Cruise Line Doctors Make Mistakes

Hurt by Cruise Ship Medical Malpractice?

Were you the victim of medical malpractice, medical negligence or misdiagnosis by a cruise ship doctor or medical staff? Passengers on cruise ships can be hurt in a variety of ways. Every single day, passengers sustain injuries due to accidents aboard the ship.

They also suffer from medical emergencies – heart attacks, strokes, seizures and more. For more than 35 years, we’ve represented passengers who were victims of mistakes made by the cruise ship’s doctors, nurses and medical staff.

Is the Cruise line liable for Your Medical Harm?

We Sue The Cruise Lines for Medical Malpractice

Victims of cruise ship doctor mistakes can be compensated for:

• Hospital and doctor bills
• Lost pay and wages
• Pain and suffering
• Loss of future earnings
• Long-term or lifelong disability

Filing Cruise Ship Medical Malpractice Lawsuits

If you became ill on a cruise ship – or your existing illness or injury was not handled correctly by the cruise ship’s doctor or medical staff, you may have a claim against the cruise lines. Unfortunately, these illnesses and injuries can go untreated or be mistreated by medical staff on the cruise ship or at port locations. The result for victims is increased symptoms, unnecessary pain and frustration, missed time at work, extensive medical bills and insurance complications.

Below are some questions you may ask yourself:

• Did your symptoms get worse while on the cruise?
• Did you have to be taken to a hospital or treatment facility while in port?
• How did it compare to treatment received once you were back home?
• Was the medical staff incorrect in its assessments, diagnosis and treatments?
• Was medical care not given or delayed because the proper medical equipment was unavailable or the medical staff was not properly trained?
• Was there undue pain and injury due to the medical care received?

Our cruise ship medical malpractice attorneys can also provide answers to common questions including do I have a case , do I really need a lawyer , how much will it cost to file a lawsuit and what is my case worth ? Call Waks and Barnett, P.A. at 1-305-271-8282 for a free consultation . We can help with the frustration and confusion you and your family may be experiencing.

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Examples of Cruise Line Medical Negligence

Typical scenarios where cruise ship doctors and other medical staff may be at fault include:

• Not recognizing symptoms
• Misdiagnosing those medical symptoms
• Failing to act correctly once a diagnosis has been made
• Failing to act in time
• Performing medical procedures incorrectly
• Simply not providing treatment at all
• Prescription and medication errors

Call today for a free injury claim assessment at 1-305-271-8282.

Yes, You Can Sue the Cruise Line for Doctor Mistakes and Negligence

Medical claims against the cruise line – or even directly against the doctor or medical staff – are often complex making it difficult to receive compensation for injuries – but there is hope.

For more than 35 years, the cruise ship injury attorneys of Waks & Barnett, P.A. have handled cases involving medical malpractice and negligence. We understand how the cruise lines operate and how to best move a potential case forward, from initial claim to eventual settlement.

In fact, our firm was instrumental in turning over a 25 year old law that prohibited lawsuits against cruise lines for medical malpractice claims.

Because of the landmark decision from our firm, victims are now able to sue the cruise lines for medical malpractice. This is a ‘major victory’ for passengers – and a wake up call for the cruise line industry.

We take every medical claim seriously. When you call our office, we will investigate and evaluate your claim, then outline the legal approach that should be taken.

If you or your family have questions about a cruise injury, accident or medical issue, please call us at this number, 1-305-271-8282.

Hurt? The cruise lines are not your friend

You Won't Have Long to File an Injury Claim

If your goal is to file an medical malpractice claim against a cruise line , you must read and abide by the terms and conditions laid out in their Ticket Contract – and act quickly. Generally, you’ll only have:

• Just 6 months to file a claim
• 12 months to file a lawsuit
• Lawsuits must be filed in the court and city specified by the cruise line

Decades of Experience

Andrew Waks and Joel Barnett have over 70 years of combined maritime law and cruise ship injury claim experience, bringing proven success to each and every lawsuit we manage.

Complete Representation

From the first phone call until the case is complete, you can expect our lawyers and support staff will be working hard to get you the financial compensation you deserve.

Proven Success for Clients

We know that hurt passengers want to hire cruise ship injury lawyers who win. For more than 35 years, we’ve fought hard, recovering over $100 million dollars on behalf our clients.

Jury awards Waks & Barnett, P.A. client more than $2,000,000 in medical negligence claim vs. Norwegian Cruise Lines

March 2019 – A federal jury awarded more than $2,000,000 in damages to a 47 year old passenger from Trinidad and Tobago. Waks & Barnett, P.A.’s Andrew Waks, Gary Friedman of Friedman & Friedman, P.A. and appellate attorney Phil Parrish, tried the case.

They claimed that the Norwegian Cruise Lines medical staff was negligent in failing to properly treat the Plaintiff after diagnosing him with a heart attack and that he suffered heart muscle damage as a result of the negligent care. NCL argued that their doctors were not negligent, that the heart damage had already occurred by the time the Plaintiff presented to the infirmary and that they had actually saved his life. After a 5 day trial and 4 hours of deliberation, the jury found in Plaintiff’s favor.

Our Experience Benefits You

Cruise injury law is a specialty within maritime and admiralty law – and is an area of the law that most attorneys are not familiar with. Our attorneys have over 70+ years of combined experience successfully representing hundreds of injured cruise ship passengers from around the world.

If you have concerns or questions regarding a cruise ship injury claim, please contact our law firm today today.

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Cruise Ship Injury Lawyer

If you suffered any injures or caught a serious disease on a cruise ship, you could have legal recourse and might be able to recover compensation for your medical bills and your suffering.

There can be many different types of accidents on a cruise ship, including slip and falls due to tripping hazards and spills. Outbreaks of illnesses, such as COVID-19, can lead to severe health implications for victims, including death. Passengers can also suffer from extensive injuries, or die, when a ship has a disastrous accident, such as a grounding, collision, or large-scale fire. Occasionally, passengers fall overboard a cruise ship. Accidents can also happen in any of the cruise ships’ amenities such as the pool, gym, or climbing walls, potentially resulting in serious and life-changing injuries.

If you suffered injuries in a cruise ship accident that was not your fault, for example, if you hurt yourself on a faulty piece of equipment or broke a bone from slipping on a wet floor, you could have legal recourse. However, filing a claim against a cruise line can be challenging. With an accident at sea, maritime laws may apply that can complicate any personal injury or wrongful death claims. A cruise ship injuries lawyer can help determine whether you have a case.

Contact Pintas & Mullins Law Firm today for a free case review at (800) 917-8989 .

Are Cruise Lines Responsible for Passengers’ Injuries?

Generally, a cruise line may be responsible for your injuries if you are able to prove that the injuries happened due to the cruise line’s negligence. The cruise lines, including the captain and crew on a ship, owe a duty of care to passengers. If the duty is breached and this breach caused your accident and injuries, you may have a case against the cruise line.

You could also potentially have a case against other liable parties, for example, a charter company, ticketing agency, or a third-party operator such as an onshore tour agency working with the cruise line.

Types of accidents where a cruise ship may have been negligent can include:

• Slips and falls on deck
• Swimming pool accidents
• Infectious diseases
• Accidents while on a cruise line shore trip
• Gangway or tender boat accidents
• Food poisoning
• Physical or sexual assault by crewmembers
• Falling overboard
• Injuries suffered in catastrophic events such as a grounding or fire

A cruise line or staff can be negligent in many ways. Staff may not mop up spills promptly or remove tripping hazards such as cables on the floor, causing a slip and fall accident.

There may be inadequate maintenance of equipment in passengers’ common areas and amenities, which can result in an accident. When exiting the ship, the gangway can be too steep, faulty, or slippery. Getting on a tender boat in rough weather can also be dangerous for passengers.

If cruise line oversight or staff negligence contributed to your illness or injury, you could potentially hold the cruise line responsible for your damages, such as medical bills and others. In practice, it can be tricky to hold a cruise line to account with a personal injury or wrongful death lawsuit, as different laws and regulations come into effect on the high seas.

United States law does not always apply. You may not understand what your options are and how to get justice by holding a cruise line responsible for your injuries.

Since there are a number of variables when it comes to cruise ship liability with personal injury and wrongful death cases, it can be helpful for you to consult with a cruise ship injury lawyer. Pintas & Mullins Law Firm can advise you on your legal options for holding a cruise line to account and can fight for you in court. Call us today for a free consultation to determine whether you have a case.

A cruise line can be responsible for passengers’ injuries if they acted negligently in causing or contributing to an accident. A cruise line has a number of responsibilities towards passengers, including ensuring that any ship machinery and equipment is seaworthy. The crew must be adequately trained and qualified to perform their job functions. The decks and common areas should be free of hazards.

If you suffered injuries while on a cruise and can prove that the cruise line’s negligence contributed to or caused your or your loved one’s injuries or death, you might be able to file a personal injury or wrongful death lawsuit against the cruise line.

In a personal injury or wrongful death lawsuit, you could recover compensation for your medical bills, future medical bills, lost wages, funeral expenses, and other economic damages. Depending on your case, you could also receive compensation for any noneconomic damages such as pain and suffering or loss of life enjoyment.

Contacting a cruise ship lawyer can be a good way to find out how to get justice and compensation if you have suffered any injuries due to negligence on a cruise ship.

Proving Your Case

Having an accident on a cruise ship and getting injured is not necessarily the cruise line’s or cruise staff’s fault. However, in certain cases, a cruise line is responsible for passengers’ injuries. In order to have a chance of recovering any compensation in a cruise ship accident, you will have to prove that the cruise line was negligent. Some of the ways in which a cruise line could potentially be liable include, among others:

• Lack of handrails
• Debris such as food and beverages spilled on floors
• Uneven or damaged carpeting
• Tripping hazards such as cleaning utensils or cables in common areas
• Inadequate and defective lighting
• No warning signs for steps, thresholds, and wet floors

The cruise line, including the captain and staff, have the overall responsibility to ensure the comfort and safety of passengers. Furthermore, in order to have a case against a cruise line, you will have to prove the following elements:

• The cruise line owes you a duty of care.
• The duty of care was breached.
• Your injuries are a result of that breach.
• Your damages carry a dollar value.

You Can Hold a Cruise Line Responsible for Your Injuries

While slips and falls onboard and ashore are some of the more common accidents on cruise ship vacations, according to International Maritime Health , there can be many other accidents and injuries that a cruise line could be responsible for.

Potentially, a cruise line could be held liable for any injuries happening in their pools or other amenities due to faulty equipment, lack of maintenance, or other reasons. A cruise line could also be responsible for any accidents with tender boats or involving the gangway. If the ship is lacking proper hygiene and cleanliness procedures, the cruise line could potentially also be held to account for the spreading of infectious diseases such as norovirus, foodborne pathogens, or respiratory infections such as influenza and coronavirus.

While a cruise line likely will fight any such claims vigorously, having a cruise ship lawyer by your side can help you through the complicated aspects of taking a cruise line to court.

What Are Common Cruise Ship Injuries?

Cruise ship accidents and injuries can occur in many different situations, such as a rolling ship in bad weather, mechanical failure, material defects, lack of food hygiene, and failure to maintain common areas, among many others.

According to a three-year study of cruise ships, published in a journal called International Maritime Health , most victims suffered slip and fall injuries on the ship and onshore. Almost 50% of injuries aboard were slips and falls. Onshore, slips and falls counted for almost 70% of accidents. Other accidents and injuries seen on cruise ships can include:

Fractures and Bone Breaks

With slips and falls, or elevator injuries, passengers on cruise ships can suffer extensive injuries such as fractures and head traumas. The cruise line is responsible for keeping common areas free of tripping hazards and spills to minimize the risk of falls.

Unfortunately, pool accidents and drownings can happen on cruise ships. Inadequate maintenance of facilities or faulty equipment can be to blame.

Food Poisoning

If galley and wait staff do not observe adequate hygiene and safe handling of food, passengers can suffer from foodborne illnesses. Food poisoning can have serious consequences, particularly for the elderly or those with compromised immune systems.

Infectious Disease Outbreaks

Infectious disease outbreaks affecting many passengers can occur with a lack of hygiene and cleanliness. Serious diseases can spread like wildfire if staff fails to isolate and quarantine passengers effectively, such as what we have seen with COVID-19 outbreaks on ships recently.

Cruise ships typically have a medical facility and doctor on board. However, the medical personnel onboard may lack qualifications and training, and may not even be licensed to work in the United States. Injuries or medical conditions can be misdiagnosed and treated inappropriately, potentially leading to injury, worsening conditions, and death.

There can be many other accidents and injuries on cruise ships. Potentially, a cruise ship can be a dangerous place with toxic chemicals on board, as well as an incinerator. Sailing on the high seas is not without dangers as collisions and groundings, although thankfully infrequent, can happen any time.

Suffering any serious injuries or illnesses on what should have been a pleasurable vacation can be frustrating and upsetting, especially when the accident occurred through cruise line negligence. If you are thinking of holding a cruise line to account for your injuries or your loved one’s death, do not waste valuable time and contact Pintas & Mullins Law Firm to see how a cruise ship injuries lawyer can help you.

Other types of cruise ship injuries

Incidents seen on cruise ships can result in a variety of injuries to passengers. A ship can suffer from any of these problems:

• Technical failure
• Bad weather
• Lack of safe food handling
• Lack of cleanliness and hygiene
• Inadequate infection control

This, together with the possibilities of accidents during excursions, can lead to various injuries, for example, bone fractures, concussions, spine injuries, organ damage, and others. Infections can also easily spread on cruise ships, including the coronavirus.

If you have suffered an injury on a cruise, you could potentially recover compensation for medical bills and other related costs.

For a free legal consultation with a Cruise Ship Injury Lawyer Lawyer serving nationwide, call (800) 917-8989

Can You Sue if You Are Injured on a Cruise Ship?

You might be able to sue a cruise line for any damages that you incurred with an injury, as long as you can prove that the cruise line, staff, or a third party acted negligently. This negligence must have contributed to or caused your accident and injuries, as well as your damages.

However, the cruise lines, in an effort to deter any claims, try to make it difficult for passengers to sue them. Passengers typically sign a ticket contract with the cruise line, which includes waivers for liability in the event of any untoward circumstances or accidents onboard. While this can make it harder for you to initiate legal action, the contracts do not always stand up in a court of law.

The cruise line most likely will also include a clause about a statute of limitations in their ticket contract, shortening the amount of time that you can file suit. In addition, passengers may have to give the cruise line notice of intended legal action within six months of the injury.

Jurisdiction to file a claim can also add to the complexities, as it can depend on which flag a cruise ship sails under. United States Maritime Law , as well as other local and international laws, may also apply. However, despite these potential complications and pitfalls, you could still be able to successfully sue a cruise line.

Under the Shipping Act of 1984 , cruise ships have a heightened responsibility to keep passengers safe. If they neglected that responsibility, you might have a case.

Generally, in order to have a personal injury or wrongful death case, you will have to prove the following elements:

• The cruise line owed you a duty of care.
• You suffered injuries or the death of your loved one due to the breach.
• The injuries or death caused financial damages.

You can review the ticket contract you signed with the cruise line and find out which time limit applies to your case as a good first step.

Do not forget that help is available. A lawyer who knows the laws around cruise ships can assist you with proving negligence and building a case on your behalf.

However, do not hesitate or wait too long if you suffered injuries in an accident on a cruise ship. It can be in your best interests to act quickly if you intend to sue, giving your lawyer time to research your case, and ensuring that you are well within any deadlines set by your ticket contract.

If you or a loved one suffered any injuries in a cruise ship accident, you could potentially sue and receive compensation for your injuries and expenses related to any injuries. However, you do not necessarily have legal recourse just because an accident happened, you suffered injuries, and incurred medical expenses.

Generally, you can sue if you are injured on a cruise ship, but you will have to prove that the cruise line was negligent, and that this negligence contributed to or caused your accident, your injuries, and any monetary damages you incurred.

Accidents on Cruise Ships

There can be many risks potentially leading to accidents, injuries, and diseases on cruise ships. Living in close quarters and eating buffet-style food can contribute to any respiratory or foodborne diseases spreading unchecked on a cruise ship, particularly when hygiene and cleanliness on board are lacking.

Slip and fall accidents are one of the most common cruise ship accidents, according to International Maritime Health . This is hardly surprising when you consider that decks can be wet and slippery from rain or spilled beverages.

Occasionally, more dramatic accidents happen on cruise ships, leading to catastrophic injuries and deaths of passengers. We would rather not think about it when we board a beautiful ship with all of its pools, glitzy bars, and numerous amenities, but cruise ships can and do sink. Cruise ships can also ground or suffer from large-scale fires and collisions. From 1972 to 2011, almost 100 cruise ships have run aground, according to the New York Times .

While some of these accidents can be merely inconvenient to passengers, causing their vacation to end abruptly, some accidents do come with considerable loss of life. 32 passengers died when the Costa Concordia cruise ship sank off the coast of Italy in 2012.

All travel arguably comes with risk and often the travelers acknowledge that accidents can and will happen for various reasons. However, you can potentially sue if you are injured on a cruise ship if your accident happened due to negligence of a cruise line or third party.

Suing a Cruise Line

Even if you can prove that your accident happened due to negligence of the cruise line, you could face an uphill battle trying to sue. Cruise lines have become skillful in evading responsibility for any accidents or untoward circumstances on their ships, by issuing passengers with a contract when selling a ticket. This contract releases the cruise line from a number of liabilities in the event of any accidents and disasters.

Passengers automatically accept these contracts when they buy a ticket. You can usually find the details of the contract in the small print on your ticket. Unfortunately, the contracts can be notoriously restrictive and curtail the rights of passengers who want to seek compensation for their injuries. They can also be lengthy and complicated to read.

Unfortunately, the laws are also not exactly working in favor of any plaintiffs searching for justice and compensation. The Convention on Limitation of Liability for Maritime Claims , to name just one example of international maritime law, can limit the claims of plaintiffs in wrongful death and injury cases against a cruise line or vessel operator. Although many ships are owned by U.S. companies, they can be registered in somewhat exotic nations where United States law does not apply.

Notwithstanding all this, you might still be able to sue if you are injured on a cruise ship. Cruise ship personal injury and wrongful death lawsuits can be successful. The key to suing a cruise line is knowing the applicable laws and how to prove negligence. A cruise ship lawyer can help with this and determine whether you have a case against a cruise line.

Cruise Ship Injury Lawyer Lawyer Near Me (800) 917-8989

How to File a Cruise Ship Injury Lawsuit

Filing a cruise ship injury lawsuit can be quite different from filing a land-based personal injury or wrongful death lawsuit. However, suing a cruise line for personal injury or wrongful death is certainly possible and can be successful if you can prove that a cruise line’s negligence caused your illness or injuries or your loved one’s death.

The Death On The High Seas Act (DOHSA) 46 U.S. Code CHAPTER 303 can give some protection to families that lost a loved one due to cruise ship negligence. DOHSA gives families the right to file suit for compensation, even if the accident took place in international waters.

You have the option of consulting a cruise ship injuries lawyer first and as soon as possible after the injury occurred. Bear in mind that you may have only limited time for any legal action. Your ticket contract should state the time limit of your potential lawsuit.

The cruise line will most likely try to make it as difficult as possible for you to recover any compensation, and they can fight any claims and lawsuits with a team of lawyers. A lawyer knows the laws that apply in these cases and can help you make an informed decision, as well as fight for your rights and compensation, and represent you in court.

The ticket contract you signed with the cruise line does not only state a time limit for any legal action, but it typically also states the city in which you will have to bring forward a lawsuit. Many of the bigger cruise lines such as Carnival, Princess Cruise Lines, Holland America, Royal Caribbean, Norwegian Cruise Line, and others, demand that you file lawsuits in federal court in Miami, Florida.

Taking timely action can be pivotal. Your case could potentially be dismissed if you do not file your lawsuit within the specified time as stated in the ticket contract, or you do not file in the correct city and at the specified venue. Hiring a lawyer that handles cruise ship cases can be helpful in filing a lawsuit against a cruise line correctly.

Having an accident on a cruise ship can be frustrating and upsetting. Not only can it ruin your dream vacation, but you might now also have a mountain of medical bills and other expenses to deal with. Perhaps you were even confined to a ship with an infectious disease or injury for days without adequate medical treatment and care, worsening your condition. You may now be thinking about how to file a cruise ship injury lawsuit to recover some of your losses.

Generally, the contract you signed with your cruise line on commencing your vacation, which is usually printed on your ticket, will tell you where and how you can file a lawsuit. It will also most likely tell you about any time limits. Cruise lines can try to limit the timeframe for any injury lawsuits and they may state certain waivers for liability in their ticket contracts.

Nevertheless, even if you possibly waived certain rights by signing the ticket contract, you would most likely still be able to file a cruise ship injury lawsuit if you can prove negligence of the cruise line. Your best course of action can be to connect with a lawyer.

Cruise Ship Accidents

Unfortunately, accidents on cruise ships are not rare. According to the Insurance Information Institute (I.I.I.) in 2017 alone, marine accidents killed almost 1,200 people and resulted in over $197 million in insurance losses. 1,087 of the deaths occurred on passenger vessels. If a loved one died in a cruise ship accident, you could have legal recourse, and could potentially file a wrongful death lawsuit.

In most cases, fortunately, accidents are not tragic and can often involve slips and falls. International Maritime Health Association found that over a three-year period, by far the most common cruise ship accidents were falls. While slips and falls in some instances may not cause more than a bruise and a few scratches, they do have the potential to cause serious injuries such as fractures and concussions. A severe fall can result in permanent injury and disability. In these cases, if the cruise line acted negligently and failed to keep the premises safe, you could file a cruise ship injury lawsuit and recover compensation.

Your Legal Options

You may be able to file a cruise ship injury lawsuit if you can prove that your accident and injuries happened due to negligence of the cruise line, operator of the vessel, or staff. You could also potentially file a lawsuit against a third party in connection with your cruise accident, such as a ticket agent or tour operator.

As a general rule, you will have to prove that the liable party had a duty of care towards you, that they breached this duty of care, and that your accident and injuries were a direct result of the breach in duty. Generally, you will also have to prove that you have monetary damages from any injuries. Similar principles apply if you are looking to file a wrongful death suit after losing a loved one in a cruise ship accident.

Filing a cruise ship lawsuit can have some important differences and complications when compared to other personal injury and wrongful death lawsuits. It can, therefore, be helpful to consult with a cruise ship lawyer who can advise you comprehensively about the best way to file a cruise ship injury lawsuit.

Recovering Compensation for Cruise Ship Injuries

You could receive compensation if you file a lawsuit for any cruise ship injuries. While compensation varies from case to case and depends on your specific circumstances, you could potentially recover costs for:

• Medical treatment
• Future medical treatment
• Medical devices
• Future lost wages
• Physical pain and suffering
• Emotional anguish
• Loss of life enjoyment
• Loss of a limb
• Loss of a sense

You might also receive other types of compensation. In a wrongful death case, you could receive funeral costs, loss of companionship, and other awards.

A cruise ship lawyer can advise you further on how to file a cruise ship injury lawsuit and can answer all your questions after assessing your particular cruise ship injury or wrongful death case.

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What Can I Expect If I File a Lawsuit Against a Cruise Line for an Injury?

Cruise ship passengers do have legal rights, and cruise lines have a number of responsibilities. This includes making sure that risks of accidents and injuries, as well as risks of catching any infectious diseases, are kept to an absolute minimum. A cruise line also has to ensure that all staff hired have been vetted and are adequately trained not only for their particular job, but also with assisting passengers in the event of an emergency or accident.

If you intend to file a lawsuit in order to recover compensation for any injuries that you suffered due to the negligence of a cruise line or staff, you can expect an uphill battle. Not only do the cruise lines try and protect themselves with their ticket contracts that waive liability in a number of circumstances, as well as set a timeline for lawsuits, they can also fight claims vigorously. If you suffered injures by cruise ship negligence, you need to act quickly to protect yourself from present and future financial losses.

In the first instance, a cruise line may try to convince you not to take legal action, and their insurance company might even offer you a settlement out of court. You do not have to sign any statements or agree to any settlements. You have the right to consult with a lawyer about your options.

Generally, insurance companies will work in their own interests and try to keep any settlements as low as they possibly can. It can be helpful, therefore, to hire a cruise ship injuries lawyer who will have your best interests at heart and will fight for your rights and compensation.

When trying to hold a cruise line to account for your injuries, you should expect to have to prove your case with concrete evidence and witness statements showing negligence of the cruise line. You may also need to rely on the opinion of expert witnesses to prove your case. Holding a large cruise line accountable can feel daunting and overwhelming when considering that they have almost unlimited resources to fight any claims and lawsuits.

However, you are not alone. A lawyer can help you with all aspects of building your case and proving the negligence of a cruise line. We can help gather the evidence, witnesses, and expert witnesses needed for your case. If needed, we can also negotiate with insurance companies and fight for your rights in court.

If you or a loved one suffered any injuries on a recent cruise vacation, you may be wondering what you can expect if you file a lawsuit against a cruise line for an injury. Generally, filing a personal injury or wrongful death lawsuit against a cruise line in order to recover medical bills and expenses can be challenging. Expect having to provide evidence proving that the cruise line or cruise staff acted negligently, and that this negligence caused your injuries. According to Reuters , cruise lines may offer settlements for major incidents that occur during a period at sea, but negligence and major injuries are key for a lawsuit against a cruise ship.

The same principle holds true for any illnesses that you have caught onboard. You will not be able to sue a cruise line unless you can prove that negligence of the staff or the company caused you to get sick. An illness such as the common cold will likely not qualify; however, if you can prove that you caught a serious illness, such as food poisoning, onboard and that this was the result of unhygienic and inadequate food handling procedures, you could have a case. According to The New York Times , passengers aboard a cruise ship that failed to follow medical guidelines sued after a coronavirus outbreak.

Some infectious illnesses that passengers catch on cruise ships can be life-threatening. Lack of hygiene and infection prevention, or an ineffective quarantine, can contribute to the spread of illnesses. If you had serious health implications and medical bills from either an infectious disease or injury suffered on board, you could potentially file suit. According to the Associated Press , even medical malpractice suits can occur if an injury occurs after a medical error. According to International Maritime Health , slip and falls account for a majority of injuries aboard cruise ships. Depending on whether or not negligence on the part of the cruise line contributed to the fall, you may qualify to pursue a claim or suit.

If you file a lawsuit against a cruise line for an injury, you can expect having to produce comprehensive evidence highlighting the cruise line’s negligence and your injuries. This can include pictures you took of the accident and what caused the accident, witness statements, and medical reports, as well as other evidence. You may also need to draw on the testimony of expert witnesses to strengthen your case.

The Cruise Line Might Offer You a Settlement

If you file a lawsuit against a cruise line for an injury, you can expect that the cruise line or their insurance approach you for an out-of-court settlement. This can not only save them court expenses and attorney’s fees; it can also help them keep any compensation as low as possible.

If your injuries prove severe, though, you can seek fair compensation in the form of a personal injury lawsuit. Having legal representation can help you assess an initial settlement and decide if filing a lawsuit is appropriate in your case.

Filing a Lawsuit Against A Cruise Line

Cruise lines, in their ticket contracts, limit the amount of time you might have to file suit against them. They also stipulate where you can file any lawsuits. Not adhering to the terms set out in the ticket contracts could bar you from obtaining compensation.

Several large cruise lines state in their contracts that you will have to file any legal action in the United States district court for the southern district of Florida in Miami-Dade County. Other cruise lines may demand you to file in other locations throughout the United States. You can find this information in your contract.

It is important that you comply with what is stated in your ticket contract, including any time limits and stipulations as to the city and venue of where you can file a lawsuit.

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What Damages Are Available for Injuring Yourself on a Cruise Ship?

If you can prove that a cruise line’s negligence is responsible for your injuries, you could receive compensation. It can be difficult to generalize about the amounts and types of compensation you could receive, as this depends on your accident and the severities of your injuries. It might also depend on whether the cruise line was wholly or partially responsible for your injuries.

However, generally in a personal injury or wrongful death lawsuit, you could recover certain economic damages. Economic damages relate to monetary losses you had as a result of an accident or wrongful death in the family, and compensation can include the costs for:

• Medical treatments
• Hospitalization
• Rehabilitation
• Lost income and future lost income
• Transportation
• Health aide or home help
• Funeral costs

You could potentially also recover non-economic damages with a personal injury or wrongful death lawsuit against a cruise line. Non-economic damages tend to be trickier to quantify, as they typically cannot be shown with bills or receipts and are therefore somewhat subjective. Non-economic damages that you could claim in a cruise ship injury or wrongful death lawsuit can include amounts for:

• Loss of a limb or sense
• Disfigurement
• Loss of companionship
• Reduced quality of life
• Loss of guardianship and guidance

Since non-economic damages are largely subjective, having a cruise ship injuries lawyer by your side can be helpful for calculating non-economic and other compensation for your case. Additionally, you could also receive punitive awards if the cruise line acted particularly negligently in the accident that caused your injuries.

Sometimes, you can file or join in with a class action lawsuit against a cruise line, when a number of plaintiffs suffered injuries due to cruise ship negligence in the same type of accident or negligence. This can be the case when an infectious disease breaks out on a ship, affecting many passengers. These types of lawsuits can also provide plaintiffs with a monetary settlement.

If you would like to find out more about any compensation that you could receive, and how you might best go about recovering any damages, consulting with a lawyer can inform you. At Pintas & Mullins Law Firm, we can evaluate your specific case to see if you could hold a cruise line to account and obtain compensation for any losses.

Passengers board cruise ships for relaxing vacations, but accidents and injuries on cruise ships can happen. Depending on the extent of your injuries, you may qualify for different types of awards if you can prove that negligence on the part of the cruise line caused your accident. According to Reuters , not every situation aboard a cruise ship warrants a lawsuit, but if severe injuries occur due to the negligence of the company that owns the ship, a lawsuit can help a victim seek reparations.

In addition to the more serious accidents such as the grounding of a ship, a collision, or a fire onboard, injuries can happen in a variety of every-day circumstances on a cruise ship. According to a three-year study, published by the International Maritime Health , the overwhelming majority of accidents on cruise ships, as well as onshore, are slips and falls, and the most frequently injured body parts are the lower extremities. Unlike slips and falls on land, a slip and fall aboard a ship can lead to open wounds, dislocations, and fractures.

If you had an accident on vacation, you may want to find out what damages are available for injuring yourself on a cruise ship. If you initiate legal action against a cruise line, you might be able to recover medical bills and other costs related to the injury. Consulting a cruise ship injury lawyer can help you get clear on your legal options and assist you in recovering any compensation for your injuries.

Types of Accidents on Cruise Ships

While slips and falls may be a typical cruise ship accident, injuries can occur in other circumstances on a cruise ship. These days, cruise ships are more like floating cities than ships. They are full of fun and novel amenities for those looking for activities and thrills onboard, for example climbing walls, water parks, onboard zip lines, and bungee jumping. All these amenities come with an increased risk of accidents and mishaps.

Likewise, shore excursions can also be a source of accidents and injuries. Excursions offer activities such as hiking up waterfalls or mountains, swimming with dolphins and stingrays, and bus trips up narrow mountain roads. Unfortunately, these activities can sometimes lead to accidents and serious injuries, forcing passengers to seek urgent medical treatment onshore or onboard. Sometimes, the injuries can be so extensive that a passenger has to return home for medical treatment. Occasionally, people die in cruise ship accidents.

Some of the other accidents and injuries seen with cruise ships can include:

• Elevator accidents
• Infectious disease outbreaks

According to the Associated Press , even doctors who work aboard cruise ship risk malpractice suits. Accidents on cruise ships are not only frustrating and can end a vacation. They can also result in hefty medical bills. Sometimes, injuries can be life-changing or fatal. Depending on the severity of an accident, injuries on cruise ships could also result in broken bones, traumatic brain injury, disfigurement, and permanent disability.

Liability in a Cruise Ship Accident

Serious injuries can result not only in high medical bills but also in ongoing future rehabilitation costs, transport costs, and lost income. In some cases, the victims of a cruise ship accident may never be able to return to their career; however, there may be compensation and damages available if you injured yourself on a cruise ship. It can be important to do everything possible to protect yourself from any potential future losses and bills connected to the injuries.

If the cruise line, or a third party contracted by the cruise line, is responsible for the accident that caused your injuries, you might have legal recourse and could obtain compensation. You have the choice to get advice from a cruise ship injury lawyer when seeking the justice and compensation that you deserve. According to The New York Times , one cruise ship’s failure to follow medical guidelines resulted in an outbreak of coronavirus.

Damages Available in Cruise Ship Accidents

Damages that are available for injuring yourself on a cruise ship can include economic and noneconomic awards in personal injury and wrongful death lawsuits. The exact types of compensation and amounts that you could receive will depend on your unique circumstances and on whether your injuries are minor or life-changing and permanent. Generally, compensation in personal injury cases can entail:

• Present and future medical treatment costs
• Loss of wages and future loss of wages
• Costs for medical devices
• Costs for help with daily tasks
• Awards for mental suffering
• Awards for physical pain and suffering
• Awards for loss of life-enjoyment

In wrongful death cases, a plaintiff could also recover:

• Funeral expenses
• Loss of guardianship for children

There could be other compensation due to you, depending on the details of your accident, such as punitive damages and others.

We Can Help with Your Cruise Ship Lawsuit

If you are considering holding a cruise line to account for any illnesses or injuries due to negligence on a ship, contact us as soon as possible. Timely action is of the essence as you could be prevented from initiating legal action if you wait too long, depending on your ticket contract and any applicable statutes of limitations.

Lawsuits against a cruise line can potentially be very different from other lawsuits. International or foreign laws may apply that can make legal action more complicated and cumbersome.

While this should not discourage you from initiating legal action if you suffered injuries or a loved one died on a cruise ship, it can be beneficial to accept professional help when fighting against a large cruise line.

Call Pintas & Mullins Law Firm today and talk to one of our team members about your cruise ship injury case. Find out how we can help you receive compensation at (800) 794-0444 .

Call or text (800) 917-8989 or complete a Free Case Evaluation form

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Moscow (Russia)

Cruise port schedule, live map, terminals, news.

Region Russia Rivers

Local Time 2024-05-07 21:25

Moscow is a Volga River cruise port, Russia's capital and largest city (population over 12,2 million, metro 17 million). Moscow City covers a total area of approx 2610 km 2 (970 mi2). By population, the city is ranked the world's 14th largest. Moscow is one of the Russian Federation's all 3 federal cities - together with St Petersburg and Sevastopol .

Being Russian Federation's capital, Moscow is a major economic, political, scientific and cultural center, as well as Europe's biggest city.

According to Forbes 2013, Moscow has been ranked as the 9th most expensive city in the world by Mercer and has one of the largest urban economies, being ranked as an alpha global city according to Globalization and World Cities Research Network. It is also one of the fastest-growing tourist destinations in the world according to MasterCard Global Destination Cities Index. Moscow is the northernmost and the coldest megacity and metropolis on the Earth. It's home to Ostankino Tower, the tallest free-standing European structure; the Federation Tower, the tallest European skyscraper; and the Moscow International Business Center. 

Moscow is situated on Moskva River in the Central Federal District of European Russia, which makes it the most populated inland city in the world. Moscow city is well known for architecture, particularly its historic buildings like Saint Basil's Cathedral. With over 40% of its territory covered by greenery, it's one of the greenest capitals and major cities in Europe and the world. Moscow is the seat of power of the Russian Government, being the site of Moscow Kremlin, a medieval city-fortress that is now the residence of the President of Russia. Moscow Kremlin and Red Square are among the several World Heritage Sites in the city. 

Moscow has 2 passenger terminals, North River Terminal (Rechnoy vokzal) and South River Terminal. The regular ship routes and cruises along Moskva and Oka rivers are used mostly for entertainment. North River Terminal (1937-built) is currently the main hub for long-range routes along the river. There are 3 freight ports that serve Moscow.

In late-July 2021 the city announced plans to incorporate a fleet (unspecified number) of fully electric passenger ferries into its public transportation network from summer 2022, the goal being to reduce the dependence on cars.

• The boats are designed with length ~22 m (72 ft), passenger capacity 42, modern amenities (Wi-Fi, USB charging points, tables for working commuters), spaces for storing scooters and bicycles.
• Moscow Transport confirmed that two routes (with max daily capacity ~16,000 passengers) have already been mapped out.
• Passengers will be able to pay via bank cards, the city’s Troika card (smart card for travel by any public transportation) or biometric payment cards. Those with monthly/yearly public transit tickets will use the boats at no extra cost.
• The new electric ferry service is up to 5 times faster (in comparison to other city public transports) and ~2 times faster than by car.

Moscow cruise terminal

Moscow's cruise terminal is called North River Terminal or River Station  ("Rechnoy Vokzal" / "речной вокзал").

The terminal was opened in 1937 and is one of 2 passenger terminals (the other being South River Terminal) of the city's river transport. North River Terminal is the main hub for long-range (including cruise) shipping routes. 

South River Terminal (above photo) was opened in 1985.

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