Florida Personal Injury Attorney Blog

During this time of the year, vacationers are flocking to ports throughout South Florida to set sail on a cruise before the close of the summer. However, an investigation is underway into a recent cruise ship accident in South Florida.

According to the Sun Sentinel, the United States Coast Guard is looking into what caused an accident in Key West last week. Two Carnival cruise ships, Fantasy and Imagination, collided while docking at the Port of Key West. The crash caused minor damage to both vessels.

Personnel were being tested for drugs and alcohol, in accordance with Coast Guard protocol. So far, authorities have determined that no one was injured and that the incident did not cause any pollution or spill into the ocean.

Despite modern technology and safety measures, cruise accidents can happen at any time. Contact our offices and consult with a South Florida cruise ship accident attorney if you’ve been injured in a cruise ship accident.

Last week, an arbitrator’s ruling in favor of an employee for a cruise ship accident showed that cruise lines, many of which are based out of South Florida, may want to rethink their protocol when dealing with injured crew members.

Carnival Cruise Lines, headquartered in Miami, was ordered to pay a crew member $800,000 for an injury he suffered in 2008 while working on Carnival’s Imagination. According to the article in All Voices, Marcin Sokolowski was lifting heavy bins as part of his duties as a maitre’d. He was not given a dolly or any other back support and when he felt a pop in his back while lifting bins in June 2008, he reported his injury to the ship’s doctor. The doctor only gave him pain medication and injections.

Sokolowski was transferred to another Carnival cruise ship headed back to San Diego. That ship's doctor administered spinal adjustments and an injection. Eventually, a doctor in Cabo San Lucas notified him that he needed surgery. However, the cruise ship personnel would not allow him to have the emergency surgery in Cabo San Lucas, which caused more delay in treatment. Sokolowski later received surgery, but due to the delay, he suffered nerve damage in his right leg and was declared permanently disabled.

This ruling is very significant for the cruise industry and South Florida cruise ship attorneys. Cruise lines must ensure that crew members are given the proper tools and safety equipment while working aboard the ship. Furthermore, cruise line medical personnel are under a duty to properly diagnose and instruct patients. Though this incident involved an employee, the delays in surgery and proper treatment could have easily occurred to an injured passenger.

If you have been the victim of a cruise ship accident, consult our office to speak with a Cruise Ship Attorney today.

Late last month, a cruise ship passenger aboard a vessel from Norwegian Cruise Line, based out of Miami, Florida, was injured and rescued after going overboard.

USA Today reported that the passenger went overboard at about 8 p.m. when the ship was making its way down the Mississippi River to its Caribbean voyage. Representatives from NCL stated that the passenger was rescued and given medical treatment, although NCL failed to identify how the passenger went overboard or the extent of his injuries.

Cruise ship accidents can occur at any time. Statistics from Cruise Junkie show that last year, a total of 19 people went overboard on cruise ships. Accidents, of course, are not just limited to falling overboard. Food poisoning, injuries from onboard activities and failure of the cruise line to follow health or safety standards can also cause serious injury.

Consult with an attorney if you have been injured in a cruise ship accident.

Late last month, cruise ship passengers got quite a scare when their vessel made a stop before heading to the French Riviera. On May 31, an explosion at the port of Gibraltar injured several passengers aboard a Royal Caribbean cruise ship.

According to CNN, twelve passengers aboard Royal Caribbean’s Independence of the Seas suffered minor injuries and were treated aboard the ship. A fuel tank on the port exploded and the ship retracted to move away from the dock. Two other passengers were on shore during the explosion, but they were not injured.

Watch this amateur video on YouTube from the explosion:

Cruise ship accidents range anywhere from food poisoning to falling overboard and laws regarding these accidents can be very complex. While incidents such as the explosion are rare, they do occur and it is important that cruise lines have a protocol established to act quickly and with the passengers’ safety in mind. Legislation has been an important step toward cruise ship accident prevention and accountability for cruise lines, but passengers should also be prepared and take several precautions to avoid cruise ship accidents.

It’s summertime in South Florida. Kids everywhere are finishing up school and parents are getting ready to take their loved ones on that big family trip they’ve been planning all year. With anticipated growth of the cruising industry and the Caribbean and the Bahamas being two of the most appealing destinations for cruisers, according to the Florida-Caribbean Cruise Association’s industry overview, many vacationers will be cruising for the first time to Florida’s nearby tropical paradises.

So what happens if you or your loved one are injured on a cruise ship? Do you know what to do? What can you do to prevent an accident? These are just some of the questions you should ask yourself and prepare for before taking a cruise.

Here are some helpful tips for your next big excursion:

Accident Prevention:
 • Listen to the instructions that are usually provided to all passengers by the ship’s crew before setting sail.
 • Bring a sufficient amount of medications/prescriptions that you would normally take on a daily basis.
 • Inform personnel of any food allergies that you might have or any other special needs that you will need for your trip.
 • Familiarize yourself with any pamphlets or safety instructions provided on the ship or in your cabin.
 • Avoid standing too close to the guard rails and be sure to keep children away from the guard rails.
 • If you consume alcohol while on your trip, drink moderately and responsibly. Avoid wandering around the ship by yourself.
 • Wear a life preserver when instructed to by the ship’s crew.
 • Avoid movement around the main deck during bad weather or turbulent water.

After an accident/injury:
 • If you are ill or injured, seek medical assistance immediately.
 • Retain copies of any documents that are provided to you by the ship’s personnel after you have been treated for your injuries.
 • Get as much information as you can from anyone who saw the accident or who knows the extent of your injuries.
 • Keep all records of your ticket purchase handy, as they usually contain disclaimers/fine print regarding your legal rights.
 • Consult with an attorney and make your records available to them.

Cruise ship accidents are not like other accidents. Victims in a cruise accident have one year from the date that the accident occurred to file a lawsuit. This and other rules and statutes regarding cruise accidents can be very complicated and can affect your rights if you don’t know what to do. There are skilled cruise ship accident attorneys ready to handle your case.

Last week, two cruise ship passengers were involved in a jet ski accident in the Bahamas. According to My Fox Orlando, one of the passengers was killed, while the other was seriously hurt and taken to a hospital. Their identities have not been released.

As Florida Today reported, the vessel, Carnival Sensation, set sail from Port Canaveral, Florida on Thursday, May 5 and returned on May 9.

As summer approaches, vacationers will be flocking to Florida’s many ports for the getaways to the Bahamas, Mexico, and other extravagant destinations. However, accidents aboard cruise ships can happen to anyone. They can vary from incidents such as food poisoning to an accident which can cause injury or even death such as falling overboard or, as with the passengers aboard the Carnival Sensation, an accident during recreational activities like jet skiing or snorkeling. If you have been injured while on your cruise, consult with an attorney to discuss your options.

South Florida is a hot spot for vacationers around the world. With its many ports and headquarters for popular cruise lines such as Norwegian and Royal Caribbean, it’s also a starting point for thousands of cruise voyages every year. According to an industry overview by the Florida-Caribbean Cruise Association, 15 million passengers cruised in 2010, with over 11 million of those passengers being North American.

With cruises gaining popularity every year, cruise ship accidents are also on the rise. That’s why Congress passed the Cruise Vessel Security and Safety Act last July.This Act was designed to promote safety and security on cruise ships through increased requirements for cruise liners. Some of the requirements, as highlighted by Frommer's, include the following: (1) 42-inch guard rails on open decks (2) rape kits and a forensic sexual assault specialist be present on board, and (3) on-deck surveillance systems. This legislation was a necessary step toward passenger safety, as evidenced by the number of cruise ship accidents reported every year. According to CruiseJunkie, 19 cruise passengers and crew fell overboard last year.

So when you set sail this summer, be sure that you familiarize your vessel’s safety guidelines and the Cruise Vessel Act. Your safety is of utmost mportance and should not be compromised.

It was reported by the Miami Herald that two cruise ships collided on Wednesday, September 30, while docked in Cozumel, Mexico. The cruise ship accident occurred when very strong winds blew the Carnival Legend into Royal Caribbean’s Enchantment of the Seas at about 6:15 p.m. Central time.

Thankfully, both ships suffered minor damage and so far neither ship has received reports of injuries from the combined total of over 4,000 passengers. Besides the fact that many cruise lines such as Carnival and Royal Caribbean are based in South Florida, injuries on cruise ships are a major concern. As we noted on a previous blog entitled Cruise Ship Passenger Rescued off the Coast of South Florida, statistics showed that 11 million Americans took cruises last year, and that Carnival has had 38 passengers go overboard since 2000.

Of course, passengers must also be responsible, as the Bureau of Transportation Statistics notes that there were 51 alcohol-related recreational boating accidents in Florida in 2000.

According to USA Today, spokespersons for both ships stated that the Carnival Legend sustained broken glass and some damage to the open deck, while the Enchantment of the Seas had minor damage to the stern and railings of the ship. Cleared by Mexican authorities, both ships continued their itineraries to Belize. Currently, the Carnival Legend is embarking on a seven-night Caribbean cruise out of Tampa, while the Enchantment of the Seas is on a five-night Caribbean cruise out of Fort Lauderdale.

On September 3, a 34-year-old man who fell off a Carnival cruise ship was later rescued by a Disney cruise ship about 30 miles off the coast of Port St. Lucie, Florida. According to a story by InjuryBoard.com, the man was aboard the Carnival Sensation and was treading water for about an hour and a half. The Disney Wonder and the U.S. Coast Guard responded to notification that the man had gone overboard and the man was rescued at about 12:45 a.m.

The Brevard County Sheriff’s Office determined that the man jumped off the boat from a stateroom balcony, according to MyFoxOrlando. One passenger said that they heard the man arguing with a woman, threatening to jump, shortly before he fell overboard. The Carnival ship stopped, and the crew attempted to send a rescue vessel, but it tipped over. The man was eventually brought back to Port Canaveral. He was taken to the hospital for evaluation.

Injury Board reports that Carnival has had eight people go overboard this year, and 38 since 2000, which is the most of any cruise line, according to Ross Klein, who runs the Cruise Junkie website. Incidents such as this are not uncommon to cruise lines. Last year, ABC News reported on a Florida woman, Jennifer Ellis Seitz, fell over the balcony of the Norwegian Pearl on Christmas night. A week later, an employee of the Carnival Sensation went overboard off the coast of Florida.

An expert also told ABC that in 2008, 16.8 million people took cruises, with 11 million being Americans. The concern is that most of these accidents occur on large commercial ships which carry thousands of people onboard. As ticket prices go down and trips become more popular and more available to younger guests, issues with excessive drinking and lack of supervision and safety become a great concern. However, cruise lines have responded with security cameras and increased training for personnel on board.

Cruising is especially an important issue in Florida, with its many ports in Tampa, Miami, and Canaveral, among others, and availability of cruises from all the major lines such as Norwegian, Carnival and Royal Caribbean. Because all cruise lines are not impervious to accidents, groups such as International Cruise Victims have formed to aid cruise victims by pushing for legislation and providing a forum for discussion and reporting on cruise accidents.

It is important to note that the handling of Cruise Ship Cases is a specialized area of Personal Injury Law. Most personal injury attorneys do not handle these cases on a regular basis and as such are not aware of the specific laws concerning cruise ship negligence cases. For example, in a typical personal Injury or negligence case, pursuant to Florida Stautes an injured party has four years from the date of injury in which to pursue his claim in a court of law. On the other hand, in a Cruise Ship negligence claim, the passenger ticket is viewed as a valid contract and contains a clause which places limits on the time and place of an injured passenger's claim for injury. Pursuant to contract, an injured passenger has only one year from the date of injury in which to file a claim in a court of law for their injuries and most passenger ticket contracts also mandate that any lawsuit for personal injury must be filed in a specific forum; which is usually Miami Federal Court. Our firm is fully aware of the intricasies of cruise ship cases and has successfully represented numerous clients who have been injured in cruise ship accidents in the Miami Federal Court System.