Cruise Ship Accident Lawyer
California Cruise Ship Injury Attorney Preston Easley Helps Victims of Cruise Ship Accidents With Mainland Tort Law and Jones Act for Federal and State Cases in CA and HI
Contact a skilled cruise ship accident lawyer at the law offices of Preston Easley
That’s not the case with a ship’s employees and crew, who are covered separately under the Jones Act (legislation, passed in 1920, that entitles maritime workers to a certain amount of compensation for injuries and accidents.)
A cruise line ship’s cooks, concierges, deckhands and janitors are all subject to the same calamities (tilting decks, exposure to toxic chemicals, etc.) that can befall passengers, and they also have recourse under this law.
One factor that complicates cruise line ship liability cases is that the ship’s operator will often attempt to obfuscate the issue by citing international, rather than U.S., law, especially as pertains to the statute of limitations for filing claims (depending on who you talk to, this can be anywhere from six months to three years.)
Common Causes of Cruise Ship Injuries
Slip and Fall Accidents
Cruise ships are often bustling with activity, and it’s not uncommon for surfaces to become wet and slippery. Whether from spilled drinks, poolside splashes, or rainwater, these conditions can lead to slip and fall accidents.
Injuries from these accidents can be severe, ranging from sprained ankles to broken bones or traumatic brain injuries. Cruise lines must ensure that all areas are well-maintained and that proper warning signs are in place to prevent such incidents.
Food Poisoning
With large-scale food preparation on cruise ships, the risk of foodborne illnesses is significant. Food poisoning can occur if food is not stored at the correct temperatures, if it’s contaminated during preparation, or if it’s not cooked properly.
Symptoms such as nausea, vomiting, and diarrhea can ruin a vacation and may require medical treatment. Cruise lines have a responsibility to adhere to strict food safety protocols to protect their passengers from these hazards.
Norovirus Outbreaks
Norovirus is notorious for spreading quickly in confined environments like cruise ships. This highly contagious virus causes severe gastrointestinal symptoms and can incapacitate passengers and crew alike.
Outbreaks can lead to quarantines, disrupted itineraries, and significant discomfort for those affected. Cruise lines must implement rigorous cleaning and hygiene practices to minimize the risk of norovirus spreading.
Recreational Activity Injuries
Cruise ships offer a variety of recreational activities, from rock climbing walls to water slides. While these attractions are a source of fun, they also come with inherent risks. Injuries can occur if the equipment is not properly maintained or if safety protocols are not followed. Supervision and regular safety checks are crucial to ensure that these activities remain safe for all cruise passengers.
Tender Boat Accidents
Tender boats are used to transport cruise ship passengers from the cruise ship to shore when the ship is anchored offshore. These small boats can be unstable, and accidents during boarding or disembarking are not uncommon. Rough seas or poor weather conditions can exacerbate the risks, leading to falls or other injuries. Proper training for staff and clear instructions for passengers are essential to prevent accidents.
Docking Accidents
The process of docking a cruise ship involves precise maneuvers and coordination with port staff. Accidents can happen if there are miscommunications or mechanical failures, leading to injured passengers and crew.
These can include crush injuries, falls, or other trauma. Ensuring that all docking procedures are followed meticulously can help mitigate these risks.
Swimming Pool Accidents
Pools are a major attraction on cruise ships, but they also pose safety risks. Drowning incidents, slips, and falls are potential hazards, particularly if safety measures are not enforced. Lifeguards, safety barriers, and clear signage can help prevent accidents around the pool area, ensuring a safe environment for all guests.
Assault and Theft
While on vacation, the last thing passengers want to worry about is crime. However, incidents of assault and theft can occur on cruise ships. These situations can cause significant physical and emotional harm.
Cruise lines have a duty to provide a secure environment, including adequate security personnel and surveillance systems to protect passengers.
Medical Malpractice
Cruise ships are equipped with medical facilities to handle routine health issues and emergencies. However, there are cases where medical care falls short, leading to malpractice. Misdiagnoses, improper treatment, or delays in medical care can have serious consequences for passengers. Ensuring that medical staff are well-trained and facilities are up to standard is critical.
Fires and Other Emergencies
Emergencies such as fires, although rare, can be catastrophic on a cruise ship. Inadequate safety protocols or delayed responses can lead to severe injuries from burns, smoke inhalation, or panic during evacuations. Regular safety drills and proper maintenance of fire safety equipment are essential to protect passengers in the event of an emergency.
5 Tips if You’re Involved in a Cruise Ship Accident Injury
- Seek Immediate Medical Attention:
- Your health and safety should be your top priority. Visit the ship’s medical center as soon as possible for an evaluation and treatment. Ensure that the medical staff documents your injuries and the treatment provided. Keep copies of all medical records and reports, as these will be crucial for any potential legal claims.
- Report the Incident:
- Notify the ship’s crew and file an official incident report. Provide a detailed account of what happened, including the location, time, and any witnesses. Make sure to get a copy of the report for your records. Reporting the incident promptly helps establish a record of the event and ensures it is taken seriously by the cruise line.
- Gather Evidence:
- Collect as much evidence as you can to support your case. Take photographs of the accident scene, your injuries, and any conditions that may have contributed to the incident (e.g., wet floors, broken equipment). Obtain contact information from witnesses who saw the accident. This evidence will be valuable when filing a claim or seeking compensation.
- Keep Detailed Records:
- Maintain a detailed record of everything related to the accident and your injury. This includes medical bills, treatment plans, prescriptions, and any communication with the cruise line or insurance companies. Also, document any lost wages, travel expenses, and other costs incurred due to the injury. Comprehensive records will help substantiate your claim for compensation.
- Consult with a Personal Injury Attorney:
- Cruise ship injury cases can be complex due to the maritime laws and regulations that govern them. Contact a personal injury attorney who specializes in cruise ship accidents to understand your rights and legal options. An experienced attorney can help you navigate the claims process, negotiate with the cruise line, and ensure you receive fair compensation for your injuries and losses.
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If you don’t have an experienced lawyer by your side, the cruise ship company may attempt to settle claims under another country’s laws, either because the ship happened to be in a foreign port at the time or because it was registered to that country of origin.
Attorney Preston Easley has more than twenty five years of cruise ship accident law firm experience you can rely on to get you the best possible outcome for your case.
At the appellate level, he has been a pioneer in expanding the rights of injured workers, frequently reversing lower court decisions and making new law. [Published Decisions]
Preston Easley is an experienced personal injury and maritime injury lawyer with considerable expertise in handling federal and state cases. His clients include longshoremen, shipyard workers, tugboat crewmen, dredge crewmen, pile drivers, marine construction workers, merchant seaman and tour boat/recreational boat crews and passengers. He will aggressively seek the maximum amount of compensation you are entitled to receive. For a free initial consultation, call or email our cruise ship accident attorneys today.