What to Do if I Fell on a Cruise Ship?

Many different factors come to play when determining liability. In the past, plaintiffs have been able to sue cruise lines for slip and fall injuries. However, to prove liability, you will need to demonstrate that the accident was avoidable.

For example, let’s say you slipped and fell due to a missing handrail. In that case, you may be able to sue the cruise line for negligence. This is because any reasonable person would not allow a cruise ship to sail with missing handrails.

But what if the handrails were defective and the cruise ship could not have known about the defect had it not been for the slip and fall accident? If that is the case, then the manufacturer might be held responsible. Depending on the specifics of the case, you might also be able to hold the company that installed the handrails liable for the injuries if they knew or should have known that they were defective.

The bottom line is that the issue of liability will depend on many different factors. Contacting an experienced personal injury attorney specializing in slip and fall accidents is the best way to determine liability.

As a passenger on a cruise ship, you have the right to safety. No one should intentionally put you in danger aboard the ship. Unfortunately, most passengers waive their rights to safety when they purchase cruise ship tickets, especially without reading the terms and conditions.

A typical cruise ship ticket contains the cruise line’s terms and conditions in the event a passenger gets injured. For example, some cruise lines require passengers to notify the company about the injuries within a particular time frame. If they fail to do so, they lose their right to pursue legal action. Other cruise lines require passengers to opt for arbitration instead of lawsuits when they get injured while on the ship.

The exact jurisdiction that handles cruise ship injury lawsuits varies depending on several factors. For example, if the injury happened aboard a foreign cruise ship, you may be required to file a lawsuit in the United States if you are a US resident.

However, most cruise lines are headquartered in Miami, Florida. For this reason, chances are the cruise company will require that you file your complaint in Miami.

This can be frustrating, especially if you do not live in Florida. In that case, speak with an experienced attorney to learn more about your options. The good thing is that you will not have to travel across states just to file a lawsuit against the cruise line. However, this will depend on the attorney or injury firm you contact.

For example, Morgan and Morgan is the largest personal injury law firm in the United States. To put things into perspective, our attorneys serve clients from coast to coast. And given that we have our headquarters in Florida, you can count on us if you need a cruise ship injury lawyer in Miami to fight for your rights even if you do not live in the state.

Do not let anyone tell you that it is easy to sue a cruise line. However, hiring an experienced cruise ship injury lawyer significantly increases your chances of winning the lawsuit.

Liability Issues

Even though many accidents occur on cruise ships, the cruise line may not necessarily be liable. This is especially true if the accident happened due to negligence on the passenger’s side.

However, it is important to note that the legal doctrine of ‘vicarious liability’ applies to cruise ship accidents. This legal principle would hold the cruise line responsible for the negligent actions of their employees if such action occurred within the scope of their employment.

For instance, suppose a worker spills oil somewhere on the cruise ship and does not clean it up within a reasonable time. In that case, you can sue the cruise line if you slip and fall after stepping on the oil spill. This is because any reasonable worker would not leave an oil spill on the floor for such a long period of time. Therefore, such action is considered negligence. And, given that it occurred within the scope of employment, the employer (cruise line) can be held liable.

Still, on the issue of liability, a cruise ship is like a huge mall with numerous businesses. Falling at the mall does not necessarily mean that the mall owner is responsible. This is because most of the businesses at the mall belong to independent companies, not the mall owners. You may also get injured due to the negligence of an independent business operating inside the cruise ship. In that case, an experienced attorney will need to review the case to determine whether the cruise line is directly responsible or any other party is.

Say, for example, you want to file a medical malpractice lawsuit against the cruise line after a medical procedure that went horribly wrong on the cruise ship. Many healthcare professionals, including doctors that serve passengers on cruise ships, are usually independent contractors. In that case, the cruise line might not be held responsible, but another entity will.

Brief Statute of Limitations

Do not assume you have all the time in the world to file a lawsuit against a cruise line. The statute of limitations varies from state to state and territory to territory. For instance, in Puerto Rico, you have only a year from the date of the injury to file a lawsuit against the cruise line.

A year might seem like a long time on paper, but in reality, it is not.

It is even worse if you suffered injuries you didn’t know that they derived from negligence. By the time you realize you might have a valid case against the cruise line, it might be too late to take legal action.

For this reason, it is always advisable to contact an attorney right after seeking medical attention and filing an accident report. The attorney will begin working on your case immediately, if valid, ensuring you do not miss these crucial deadlines.

Complex Maritime Laws

Maritime laws can be confusing. For example, if you fell on a cruise ship, the best way to approach such a case will depend on whether you are a worker or passenger on the cruise ship.

If you are a worker, the Jones Act might come into play. On the other hand, the “vicarious liability” principle will apply if you are a passenger injured by a negligent cruise ship employee.

Therefore, you need an attorney with experience handling these kinds of cases. In addition, the attorney should understand how maritime laws apply in different scenarios, particularly those involving injuries caused by negligence.

The damages you may be able to recover will depend on the nature and severity of your injuries, among other factors.

Typically, the injured can recover economic and non-economic damages.

Common economic damages in a slip and fall incident include:

• Medical expenses
• Cost of medical equipment
• Cost of rehabilitative services
• Lost wages
• Lost earning potential

Some non-economic damages include

• Pain and suffering
• Emotional distress
• Post-traumatic stress disorder

When looking for the right cruise ship injury attorney to represent you or your loved one, you should always keep in mind that cruise ships are owned by multi-billion companies. For this reason, you should not opt for just any ordinary personal injury attorney or firm you come across.

Instead, here are some key factors to consider if you want to find an attorney who can take on the other party and fight for your rights.

Their experience matters. Opt for a firm with experience handling these kinds of cases and can practice in that particular jurisdiction. For instance, at Morgan and Morgan, we have over 30 years of experience handling different claims and lawsuits, including those involving slip and fall accidents on cruise ships. This is the kind of experience you need when you come up against giant companies like cruise lines.

You need a law firm with powerful legal resources to fight for you. As mentioned, cruise lines usually do not have to worry about not being able to afford attorneys to fight for them. These companies know what is at stake when sued for negligence; they stand to lose vast sums of money and will not let that happen without a fight. If they know the importance of hiring the best attorneys, so should you.

Reputation is everything. You need an attorney or injury firm whose reputation sends a strong statement to the defense. For instance, Morgan and Morgan is the largest personal injury law firm in the country, serving clients from coast to coast. Our law firm also boasts over 28,000 5-star reviews on Google.

This is the kind of reputation you need when facing these giant companies in a legal battle. Having the largest injury law firm in the country fighting for you is the clearest indication that you are serious about your rights. This alone could potentially increase your chances of winning the case.

Lastly, and most importantly, you need a law firm with a proven history of winning big claims. Keep in mind that the keyword here is big claims. When you hire a firm that is not used to winning big claims, they will likely settle for less than what you deserve. But what if we told you that your case could be worth more?

Of course, you can only find that out when you work with attorneys who are used to handling big settlements. For instance, at Morgan and Morgan, we have won over $13 billion for the injured so far and still counting.

Some of these settlements have come from some of the biggest companies in the country. So when you hire our attorneys to handle your case, you can rest assured that they will not get excited by any settlement. If the settlement does not reflect the true value of your case, they will not settle for less.

Cruise ship injury cases are complicated. But when it comes to fighting for the rights of the injured, there is only one Morgan and Morgan. If that is what you are looking for in a cruise ship lawyer in Puerto Rico, help is one click of a button away. Contact us today for a free, no-obligation case evaluation.