We reported on August 9, 2010 that Brais & Brais was successful in obtaining a ruling from a Miami, Florida Federal Court finding Carnival Cruise Lines cannot force a crew member to arbitrate his personal injury claim without producing a signed arbitration agreement covering the employment period for which the accident occured. The Court ruled against Carnival’s attempt to compel arbitration even though the cruise line produced a signed arbitration agreement for the employment period immediately prior to the employment period during which the crew member was injured and submitted an affidavit from its director of shipboard personnel attesting that in order to sign on the cruise ship all crew members must sign an agreement to arbitrate any personal injury claim.
The South Florida Sun Sentinel recently reported about an airboat accident in the Florida Everglades near the Miami-Dade & Broward County line wherein two people were injured when an airboat struck a tree. Airboat accidents often occur in Florida injuring several people each year. Pinpointing where the accident occured is important as the law and types of claims / damages will differ depending on if the accident happened on “navigable” or “non-navigable” waters. This article is meant to explain the differences between the law, claims and damages that govern airboat tour accidents.
Many of our crew member clients had bad experiences with the doctors selected by their employer cruise line or shipping company. Often times the medical providers selected fail to properly diagnose injuries, prescribe wrong medication or botch surgeries. The first question our clients have is whether they must return to these company doctors. The answer is no!
Slip and fall accidents occur often on cruise ships. In fact, we regularly represent clients who were injured in slip and falls accidents while cruising. Injuries from slip and falls range from simple bruising and twisted ankles to torn cartilage, broken bones and ligament damage. The number one culprit for these accidents is wet decks; and, many times these accidents could have been avoided if the cruise line was more careful. The intent of this article is to explain the common causes of slip and fall accidents and the cruise line’s responsibility.
Cruise Ship Passenger Sexual Assault / Rape – Why it Happens, Your Rights and What to Do If Attacked
It is terrible but sexual assaults / rapes occur on cruise ships. In fact, during the short period of April 1, 2007 – August 24, 2007 the 25 major cruise lines that makes up the Cruise Lines International Association (CLIA) reported 41 instances of sexual assaults / rapes occurring aboard their ships. Such a high number is staggering. Based on the 41 reports, the FBI opened 13 investigative cases. According to the FBI, 5 of these cases were later closed due to victim reluctance to press charges or because the goverment declined to prosecute. As of September 2007, only 8 of these cases remained under investigation. This article is meant to explain why sexual assaults / rapes occur on cruise ships, the victim’s rights and what to do if sexually assaulted during a cruise.
