A landmark case from the Fifth Circuit Court of Appeals in New Orleans, Louisiana finds maritime companies are not entitled to repayment of maintenance and cure wrongly provided to injured seaman even if the crewmember lied on his employment application. Maintenance is a living stipend that employers must pay seamen […]
Category: Cruise Ship Crew Member Injury Law
More and more courts are finding cruise line’s personal injury arbitration agreements unenforceable when it comes to American crewmembers. The latest case comes from the Middle District of Florida wherein an American ice skater employed by Royal Caribbean Cruises was injured while performing aboard the Voyager of the Seas off […]
Brais law’s cruise injury attorney Richard Rusak recently won a case before Florida’s Third District Court of Appeal. The case involved a Honduran crewmember who worked as a cabin steward aboard a Carnival Cruise Line ship. Being a cabin steward, the crewmember was required to clean dozens of cabins, including […]
Keith Brais and Richard Rusak of the Brais maritime law firm obtained a ruling from a Florida court allowing the wife of an injured seaman to pursue a claim for loss of consortium. Loss of consortium is a claim typically possessed by the spouse of a person injured by the […]
The issue of whether arbitration provisions pertaining to cruise line seaman personal injury claims has been a hotly litigated issue over the past seven years. Nearly every major line today inserts arbitration provisions into their seafarer’s contracts or collective barging agreements. Along with arbitration provisions, the lines include foreign choice […]
