Cruise Ship Accidents and Incidents Lawyer Serving North Palm Beach
If you or a loved one have suffered an injury due to accidents or incident on a cruise ship then you should seek the advice of a cruise ship personal injury attorney. There are a number of federal and state maritime laws that have been put into place for your protection and it is the obligation of cruise lines to adhere to those statutes. In addition, international agreements and treaties (endorsed through the United Nations) are in place in order to govern the potential liabilities that cruise ships face in the case of death or injury at sea.
However, it should be noted that the statutes that are assigned to land-based scenarios may be different when at sea. In some cases, this can be the result of historic precedents that are a part of the “law of the seas” and have been in place for a very long time. This can result in a certain amount of complexity when it comes to foreign ship legal regulations when a vessel is sailing in international waters. While some may question whether or not the participants in cruise ships accidents and incidents are governed by their country of origin, this can actually depend on a number of different factors.
Additionally, the origin of the cruise ship can often designate just where a lawsuit may be filed. A designated “contract of carriage” may play an important part when it comes to where the plaintiff’s (victim’s) rights may be imposed. There is also the question of statute of limitations, which can be quite shorter than most land-based incidents and can be as little as one year from the date of the incident at sea. Additionally, a plaintiff may be required to give a written notice to the cruise line of their intention to file a lawsuit no later than six months from the date of the incident. This stipulation may be spelled out in the passenger’s ticket contract.
The laws regarding cruise ship accidents and incidents may originate from a specific foreign country, rather than the United States. This is one of the reasons why it is especially helpful to seek the assistance of an experienced cruise ship attorney, serving North Palm Beach, as soon as possible. This can give the attorney enough time in order to evaluate a potentially complex situation.
Cruise Ship SecurityWhen it comes to cruise ship safety, it should be pointed out that cruise ships are growing larger, as time goes on, and new designs are coming out annually. These designs tend to lean towards the grandiose, with size being an important selling point. This means that there is more space to secure.
It’s common for a ship, nowadays, to host over 5,000 men, women and children. Then you need to account for the crew, which can bring the actual headcount on board to about 10,000 people, in some instances. This can bring about additional complexities when it comes to keeping the ships secure and safe. Here, you’re looking at the size of an actual town – but with unique challenges, as far as safety goes. Sometimes, the risks that one might encounter on a ship don’t actually have counterparts on land. But a cruise ship may also bring typical land-based dangers with it, as well.
Even though advertising may make a holiday at sea look like a safe and exciting adventure, there is no on-board police department suitable for a population that size. This can mean that a vacation aboard a cruise ship can be a bit more hazardous than the cruise lines would like you to know.
Caveats to ConsiderIf North Palm Beach residents encounter cruise ship accidents and incidents, one of the first legal questions that may come up is the location of jurisdiction in which one should file a lawsuit. For example, it is possible that some personal injury plaintiffs, who were injured in foreign waters or ports, may be required to file their lawsuit in a Federal Court such as The United States District Court, Southern District, which is located in Miami, Florida. This can result in a situation in which an attorney must be admitted to practice law in that specific Federal Court in order to be your representative.
There are also many situations in which an injury may occur in an excursion that is located off the ship. In this particular case, it can be critical for your attorney to be experienced in the laws that pertain to a particular foreign country. In addition, there may be a need to engage a corresponding attorney in a foreign country in order to perfect your claim. It may even be necessary to conduct a lawsuit in a foreign port location.
There are also situations in which a cruise line will have an unsuspecting passenger sign a waiver prior to engaging in an activity on their ship. However, in a situation such as this, it may be possible to challenge such a “blanket” waiver. This is why it is important to contact a personal injury attorney with experience in cruise ship accident claims.
Types of Accidents That Can Occur on Cruise ShipsThere are quite a few different reasons for cruise ship accidents and incidents to can be experienced by a North Palm Beach resident. These can include:
- Cruise ship waterslide accidents
- Missing Passengers
- Drowning
- Tender Boat mishaps
- Accident on a gangway
- Mechanical malfunction accident
- Shore excursion accidents
- Ship equipment that is defective
- Sexual assaults and rape
- Slip and fall accidents
- Cruise ship medical malpractice or negligence
Should you be injured on a cruise ship, there are some things that are suggested that you do as soon as possible. These include:
- You should immediately report cruise ship accidents and incidents to the security and safety officer on board your ship. You can also alert other crew members, as well. Particularly in situations in which a clear and present danger to other passengers is present.
- Get the names of those ship’s personnel who assisted you.
- Obtain copies of any statements or reports that you are requested to complete. Just be sure to be aware of what you say and don’t blame yourself or others – just stick to the obvious facts.
- Due to the time restrictions on your ticket, make sure to immediately send a notice of your intent to file a claim, in writing.
- Get the names of those ship’s personnel who assisted you.
- Obtain copies of any statements or reports that you are requested to complete. Just be sure to be aware of what you say and don’t blame yourself or others – just stick to the obvious facts.
- Photograph the accident scene in as much detail as possible. You want to avoid a situation in which the evidence of your injury scene has been eliminated. Therefore, document the scene by using extensive photos.
- Get information (names, contact info) from any crew members or passengers who were witnesses or have knowledge as to what happened.
- Obtain written statements from any foreign resident witnesses.
- If a serious crime has occurred (sexual assault, rape, etc.), notify the FBI or other law enforcement.
- Obtain immediate assistance from the ship’s infirmary and leave the ship as soon as possible and also get medically evaluated in the U.S.
- Contact an experienced cruise ship injury attorney as soon as you can.
When you or your loved ones have been injured in a cruise ship accidents or incidents, it is important to consult with a personal injury attorney, in order to try to receive the best care and compensation that you rightfully deserve. Therefore, when you (or loved ones), as North Palm Beach residents, have become involved in cruise ship accidents and incidents, seek immediate medical care and contact a Florida personal injury attorney.
Discuss Your Case with a Cruise Ship Accident Personal Injury Attorney Serving North Palm Beach Today! If you were injured in a cruise ship accident in North Palm Beach, turn to Frankl Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.