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Cruising is a great way to spend a family vacation – particularly with children and grandparents. There are huge ships with many venues, many activities, and many guests, all of whom are thrown together on a moving vessel with many different obstacles and opportunities for injuries. Of course, when you think about and plan your vacation, the last thing on your mind is the thought of being injured or sick, however, cruise vacations pack many hidden risks. Such injuries range from a trip or slip and falls, to assaults, tender injuries, food poisoning, excursion injuries, Norovirus, medical malpractice, and even wrongful death.
Not all such injuries will result in legal claims, however, to understand your rights, you should immediately speak with a cruise ship injury attorney. We can help! Call us today at (305) 354-9313 to schedule a consultation.
With the advent of mega-cruise ships with passenger capacities of more than 3,000, the logistical problems in managing so many people in confined spaces are inherent. The staff members are expected to cater to a huge number of people across different weather conditions, port conditions, and a variety of different activities while accounting for differences in age, physical capability, language, and culture, which quite understandably makes the reasonable care for the cruise line a difficult proposition.
Whether you get injuries from ziplining through the rainforest, in the pool or jacuzzi, waiting to board the ship in the hot sun, or even just trying to pick up the soap in the shower, do not discount the potential liability that the cruise line may have to respond in damages to compensate you for your injury.
If you do suffer an injury or illness while cruising, be aware that your ticket contract has important conditions limiting your right to bring suit. If you wish to review your ticket contract, you can find it on the list below:
Often such limitations restrict the locale of where any such lawsuit may be filed (typically in Federal court in Miami) as well as the time within which any such lawsuit may be filed (typically one year). Due to these limitations, it is vitally important that as soon as you disembark your cruise, speak to experienced personal injury attorneys, such as the cruise ship injury lawyers at Charlip Law Group, LC.
Cruise ship companies have made it difficult to file a claim for injury. These restrictions are listed in the “Passenger Ticket Agreement” on your ticket. However, not all terms and conditions are printed on the ticket. Instead, they can be found on cruise line websites. These terms and conditions can be found in between 14 and 18 pages of legal gobbledygook that have been created over time by maritime attorneys.
Claims for injury from cruise ships must prove that General Maritime Law applies, including whether the standard or “reasonable care in the circumstances” was provided. Also, the claim must show that reasonable communication was made to passengers on the Passenger Ticket Contract, such as the use of bolded fonts and headers.
These are the four core tenets for Passenger Ticket contracts and cruise ship injury claims:
The cruise passenger has 180 days to notify the cruise line of any claim after an accident. A cruise passenger must file suit within one year of the accident. However, the location (location) specified in the Passenger Ticket Contract is the place where the claim should be filed. The Federal Court in Miami is where most major cruise lines will be located. However, some cases may need to go to Ft. Lauderdale, Orlando, Los Angeles, California, Seattle, Washington, or Los Angeles, California.
If you or a loved one has been injured on a cruise ship, call the experienced personal injury lawyers at Charlip Law Group. Having a skilled personal injury lawyer may be able to help you seek compensation for the injuries you suffered while onboard a cruise ship. Charlip Law Group’s team of injury attorneys are dedicated to helping a client receive the amount they deserve for their personal injury.
Contact us at (305) 354-9313 to speak with an attorney about how you can receive compensation for your cruise ship injuries.
To preserve your claim, you must file your cruise ship injury claim as soon as possible. Notify the local security officers immediately. Once you have given a statement, request a copy immediately. They will not give you a copy if you do not request one immediately. If you are injured, seek medical attention at the ship’s hospital. Sexual assault and rape cases must be reported to the FBI. The cruise line cannot do this for you. If necessary, seek medical attention after the ship docks.
It is crucial to begin documenting and conserving evidence as soon as possible. The cruise line won’t provide any evidence or protect it. Photographs are not required by cruise lines. You are required to either take photos or have someone else take digital images of the scene. If possible, take photos of the accident scene and your injuries. All witnesses, including cruise ship personnel and passengers, should be identified.
Only by giving the notice of six months and filing suit within one calendar year can you preserve your claim. Your claim is not protected by filing an accident report or writing letters to cruise lines. The cruise line must receive a written notice describing the incident and provide a detailed description within the time period stated on the Passenger Ticket Contract. This is usually six months (180 days). This notice period may be reduced by property damage claims.
You risk losing your case due to the statute of limits. Our attorneys have a track record of success in settling a cruise ship accident case for a client and we can assist you with the claims process too.
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Going on a cruise should be an enjoyable time in your life. However, there are a lot of risks involved while being on a cruise ship. If you have been injured on a cruise ship because of the management’s negligence, insufficient emergency precautions, poor maintenance, lack of security, poor sanitation, or incompetent staff, you may be able to seek compensation for your injuries. Charlip Law Group has a team of skilled cruise ship injury attorneys who may be able to help you file an injury claim.
Call our Miami accident attorneys now for a free consultation, at (305) 354-9313.