Cruise Ship Accidents

Maintenance and Cure on Florida Cruise Ships

Published on: March 13, 2014 | by Friedman Rodman Frank & Estrada, P.A.

General maritime law provides that a seaman can recover compensation for food, lodging and medical services that arise when injured or taken ill while working on a ship. These forms of compensation must continue through recuperation until the seaman achieves maximum medical recovery. “Maintenance and cure” under general maritime law is separate from remedies under the Jones Act.

If you are a seaman who is hurt while employed on a cruise ship because of an employer or coworker’s negligence, the Jones Act allows you to seek damages (such as lost wages or pain and suffering), separate from maintenance and cure. Because of its proximity to the water, Florida sees many cases related to seaman injuries and illnesses. These cases may raise issues under both general maritime law and the Jones Act.

In a 2012 case a professional musician appealed after the trial court granted summary judgment in favor of a Disney Cruise Lines in his complaint for unseaworthiness, negligence, Jones Act, maintenance and cure. The musician had suffered an injury while on board a Disney cruise ship. He received medical care from a specialist in the Caribbean and then went on medical disembark. An orthopedic surgeon treated him and performed two surgeries on his shoulder, rotator cuff and elbow.

Medical Negligence on Cruise Ships That Depart From Florida

Published on: December 13, 2013 | by Friedman Rodman Frank & Estrada, P.A.

Florida’s large tourism industry gives rise to interesting legal questions regarding personal jurisdiction over cruise line defendants who have been negligent. Personal jurisdiction refers to whether the court has power over the parties in a particular lawsuit. If a court does not have personal jurisdiction, its rulings and orders can’t be enforced upon that person or entity.

Can a defendant be held responsible in Florida courts if he or she simply works on a boat that departs from Florida? The answer to this question can impact ship doctors, as well as other ship personnel. A recent case illustrates the answer.

In the case, a couple took a seven-night cruise on a Royal Caribbean Cruise Line. She went to the ship’s doctor as the boat neared Haiti for treatment of serious abdominal pain. The ship’s nurse and doctor saw her. She was treated for gastritis, but she worsened. She got off the ship in Mexico and went to the hospital where she got an abdominal surgery. She was treated for sepsis and multiple organ failure. She also experienced a cerebral hemorrhage.

What is “Forum Non Conveniens” in Florida?

Published on: July 17, 2013 | by Friedman Rodman Frank & Estrada, P.A.

Under Florida common law, a lawsuit that does not have much connection to Florida may be subject to “forum non conveniens,” which is Latin for “inconvenient forum.” It comes up only after a plaintiff is able to effect service of process of a lawsuit on a defendant who is present in Florida or has its principal place of business there or because the defendant has committed a tort in Florida.

Some plaintiffs “shop” for the best jurisdiction in which to sue the defendant–usually they pick the jurisdiction with laws that favor their side of the case. This problem can be fixed through the application of the forum non conveniens.

Forum non conveniens is a doctrine that addresses the problem of a local court having jurisdiction over a suit when the case could be fairly and more conveniently litigated in another jurisdiction. Since Florida tends to have better laws for plaintiffs than some overseas jurisdictions, the plaintiff practice of forum-shopping is particularly notable here.

Personal Injury Accidents on Florida Cruise Ships

Published on: June 27, 2013 | by Friedman Rodman Frank & Estrada, P.A.

Florida is a popular destination for tourists who wish to go on a cruise. The last thing anyone wants to worry about while on vacation is getting into an accident while on the boat. However, accidents do happen on cruise ships.

Usually cruise ship attorneys are very experienced at defending personal injury actions. They know how to poke holes in a plaintiff’s case, maximize technical or procedural flaws in a plaintiff’s case and minimize their exposure in the lawsuit. Therefore, if you are hurt on a cruise ship because of a condition on the cruise ship that is not your fault it is important to retain an experienced personal injury attorney to prosecute this type of case. An attorney experienced at representing plaintiffs can try to make sure you receive any compensation to which you may be entitled.

Recently, an appellate court considered an argument that the Carnival Cruise Line’s defense attorney made improper comments at a personal injury trial. The case arose when a woman took a Carnival cruise in order to go to her nephew’s wedding. She slipped and fell on something oily on the ship’s floor by the buffet while the ship was docked in Tampa. She was taken to Tampa General Hospital and treated for contusions to her right hip, right knee and back strain.

Understanding the Limits of a Cruise Ship Contract

Published on: February 20, 2013 | by Friedman Rodman Frank & Estrada, P.A.

News of the now-infamous Carnival cruise ship, Triumph, has filled Twitter accounts, web pages, and air waves with tales of long lines for food and failed toilets. Pictures of disembarked travelers kissing the ground wearing Carnival robes marked the end of five days at sea floating in the Gulf of Mexico, following an engine room fire that knocked out power. Analysts and talking heads assessed the likelihood of success for those who choose to sue Florida-based Carnival for their week-long ordeal, pointing to the signed contract attached to the ticket that limits where you can sue and the liabilities of the cruise ship company owners.A cruise ship ticket contract is generally considered enforceable so long as it is fundamentally fair. In Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1990), the Supreme Court upheld a contract clause that limited all law suits to Florida. However, a cruise line cannot contract away all of its liability, especially when it comes to personal injury. An 11th Circuit Court of Appeals case that originated from the Southern District of Florida, (Johnson v. Royal Caribbean Cruises, Ltd., 802 F. Supp. 2d 1316, (S.D. Fla., 2011)), pointed to 46 U.S.C.S. § 30509, which prohibits the owner or agent of a vessel transporting passengers between a port in the United States and a port in a foreign country from including in a contract a provision limiting the liability of the owner or agent for personal injury or death caused by the negligence or fault of the owner or the owner’s employees or agents.

In that case, Royal heavily relied on contract law as grounds for a summary judgment against a passenger who injured herself participating in an onboard cruise activity. She signed up to use a surf and boogie board simulator and signed an “onboard activity waiver” that released Royal and its employees from any liabilities resulting from injuries. The passenger injured her ankle while attempting to do a maneuver on a boogie board, which was against the safety guidelines for that activity on the ship. The lower courts initially agreed with Royal, but the Court of Appeals reversed, stating that the passenger could still sue the company as the ship clearly met the requirements of a vessel described in 46 U.S.C.S. § 30509 and her injury was the result of Royal’s employee instructing her to perform an unsafe maneuver.