Articles Tagged with “Cruise Ship Passenger Accident Lawyer”

Cruise Ship Slip and Fall Injury.jpgMany cruise ship passengers slip and sustain injuries due to slippery decks each year. Maritime law imposes certain duties upon cruise lines to lessen the likelihood of such accidents and injuries. The purpose of this article is to explain these duties. Cruise lines are obligated under maritime law to exercise reasonable care under the circumstances for the safety of their passengers. In the context of slippery decks, this duty typically requires the cruise line to first warn passengers of the slippery condition and to make the area safe.

Duty to Warn

Maritime law imposes the duty upon cruise lines to warn of dangerous conditions. This duty extends to conditions it creates (decks wet due to daily washing procedures), conditions it had actual knowledge about (water accumulated on the deck due to a rain shower) and conditions it should have known about in the ordinary exercise of reasonable care (the banana that fell off a passenger’s plate and was laying on the deck for 10-15 minutes).

Cruise Passenger Accident Injury Lawyer Attorney.pngOne of the first questions our maritime injury lawyers ask potential clients is whether they provided the cruise line written notice of their accident. Nearly every cruise line requires passengers to give written notice of their claim within a certain time as a condition to bring a personal injury lawsuit. The deadline to provide notice differs between cruise lines. Some require notice be given within 6 months of the accident while others require notice be given within 185 days of the accident. If you were injured during a cruise, it is crucial that you check your boarding pass to find out what procedure the cruise line requires you to follow in order to bring a lawsuit.

Though the boarding pass requires written notice of a claim in order to maintain a lawsuit, a Miami federal court recently allowed an injured passenger to pursue a personal injury lawsuit despite failing to provide proper notice. In that case the passenger fell due to an improperly position carpet aboard a NCL cruise ship. Though she reported the accident to the ship’s medical personnel, she never provided the cruise line with written notice as defined by the boarding pass. The cruise line attempted to dismiss the case for the passenger’s failure to provide notice. The court, however, found that although the passenger did not provide written notice, the case should not be dismissed. The court reasoned the purpose of the written notice requirement is to make the cruise line aware of a potential personal injury lawsuit so it could conduct an investigation and preserve evidence for the litigation. In that case, the plaintiff established NCL had actual knowledge of the accident, it immediately conducted an investigation and attempted to gather evidence. As such, the court concluded NCL was not prejudiced by the passenger’s failure to provide written notice and allowed the case to continue.

If you want to read additional information about the pitfalls contained within cruise line boarding passes, please read our following articles.