Articles Tagged with “Cruise Ship Attorney”

Carnival Injury Lawers.jpgA part of the allure of cruising is the excursions offered at the various ports of call. However, most passengers do not know the safety standards at these ports of call are a far cry from what they are used to in the United States. Decreased safety standards, unfortunately, result in several accidents to vacationers each year. Maritime law recognizes this problem. It requires cruise lines to warn of known dangers in places where their passengers are invited or expected to visit. It also requires cruise lines to properly vet the tour operators and excursions offered aboard their cruise ships. This law is designed to arm passengers with knowledge in order for them to make informed decisions on their safety while in foreign ports. Often times when a passenger sues for an injury occurring at a port of call, the cruise lines ask the court to dismiss the claim. These attempts to dismiss are met with varying success. The cruise injury attorneys of Brais law recently was required to address such a challenge by a cruise line.

Manning v. Carnival Corp.

Brais Law represents a Carnival Cruise passenger who broke her ankle when she fell down an unsafe stairway located in Chankanaab National Park during an excursion selected by the cruise line. The dangerous nature or the park’s stairways are well known to tour operators and companies doing business in the area. However, the unsafe nature of the stairway was not communicated to the cruise passengers.

handcapped.pngThe Americans with Disabilities Act (“ADA”) was passed to make businesses and recreational areas accessible to persons with disabilities. Though originally envisioned as a land-based statute, the Supreme Court in Spector v. Norwegian Cruise Line, Ltd. held the ADA applicable to any cruise ship leaving from an United States port. Overnight, the Spector case required the cruise industry to refit its ships to comply with the ADA including the accessibility standards set forth in the ADA Accessibility Guidelines for Buildings and Facilities (ADAAG). Subsequent cases, however, recognized because of the uniqueness of ocean going vessels many ADAAG requirements, were specifically formulated for land-based structures, cannot practically apply to ships. As such, cruise ships are exempt from certain structural ADAAG requirements until such time as the Architectural and Transportation Barriers Compliance Board issues specific standards for ships. However, courts found all other aspects of the ADA applicable to cruise ships. These include:

  • Proper height and shape for signage;
  • Wheelchair assessable cabins/staterooms;
  • Grab rails in lavatories;