The crew member personal injury lawyers of Brais Law Firm received a favorable appellate decision against Norwegian Cruise Line and its subsidiary NCL America concerning a seaman’s right to bring a punitive damages claim against the cruise lines for their failure to provide her maintenance and cure benefits.
Our law firm represents a United States credentialed merchant mariner who was the nominal employee of a security services company named American Guard Services. American Guard Services loaned our client to Norwegian Cruise Line’s subsidiary NCL America to provide security guard services aboard the Hawaiian based PRIDE OF AMERICA cruise ship. Shortly after beginning her shift at six o’clock on the morning of May 22, 2011, she, along with three other security guards and a deck cadet, received an order from a ship’s deck officer to lash down lounge chairs that were being blown across an exterior deck due to Force 10 winds. After assisting with lashing down the lounge chairs, our client made her way back to the exit/entrance when the high winds blew her feet out from under her causing the back of her neck and upper back to violently impact the ship’s deck. She was rendered briefly unconscious.