Cruise Ship Lawyer

Injury Claims for Passengers of Cruise Ships

Every year, millions of people embark on cruise ship adventures, seeking relaxation and enjoyment. However, amidst serene sea voyages, some passengers suffer from serious injuries or illnesses that can turn their dream vacation into a nightmare. When these unfortunate incidents occur due to negligence on the part of the cruise line, it becomes crucial to seek legal guidance from a dedicated cruise ship West Virginia injury lawyer.

Recent high-profile cases of cruise ship injuries and illnesses have raised awareness about the responsibility of vacation cruise lines to ensure the safety and well-being of their passengers. Whether it's accidental injuries, illnesses, or even unfortunate deaths in international waters, a thorough investigation is necessary. However, pursuing legal remedies for victims of negligence on a cruise ship can be a labyrinthine process.

If you or a loved one have experienced any form of harm while on a cruise, it's important to know the steps to take. In this article, we will explore the various types of injuries that cruise passengers may encounter, provide guidance on what to do if you have fallen ill or sustained an injury on a ship, and offer valuable insights on filing a justified claim in the appropriate jurisdiction with the assistance of a skilled cruise ship personal injury attorney.

Embark on this comprehensive journey as we unravel the complexities surrounding injury claims for passengers of cruise ships, ensuring that you are well informed and prepared to navigate the legal aspects of seeking fair compensation.

What Types of Injuries Can Happen on Cruise Ships?

Injuries and illness can occur on cruise ships, sometimes due to preventable causes or negligence. Here are some reported examples:

• Food poisoning from unsafe food handling and storage.
• Slip and fall accidents resulting from broken railings or ladders, including falling overboard.
• Swimming pool injuries or drownings.
• Accidents involving malfunctioning elevators or escalators.
• Exposure to toxic chemicals.
• Incidents aboard unseaworthy vessels leading to injuries or wrongful death.
• Insect bites, such as bedbugs or rat bites, and illnesses due to animal exposure.
• Injuries caused by falling objects that were not properly secured.
• Contracting Legionnaires' Disease, norovirus, bacterial infections, or other infectious diseases (including COVID-19) due to inadequate sanitation measures.
• Assaults by crew members or fellow passengers, or being a victim of a crime onboard.
• Burns or smoke inhalation from fires at sea.
• Injuries from drifting, running aground, colliding with another vessel, or during evacuation procedures.
• Injuries during ship-sponsored activities or outings.
• Medical malpractice by ship's doctors or medical staff.

To ensure a safe and enjoyable cruise experience, it is crucial to prioritize prevention and maintain proper safety measures.

How Common Are Cruise Ship Injuries?

When it comes to cruise ship injuries, detailed reports provide valuable insights into their frequency and nature. With a staggering 30 million passengers traversing 272 cruise ships annually, statistics reveal that crimes, illnesses, and personal injuries are statistically low in comparison to the passenger count. However, there are several emerging concerns that demand attention. Let's explore some key findings:

• Accidents: Since 2005, there have been over 448 major cruise ship accidents. Notably, between 2010 and 2013, 15 cruise ships sank, while 66 ran aground between 2005 and 2013.
• Man Overboard incidents: Falling overboard is a significant concern. Since 2000, over 300 individuals have fallen overboard, with 17 incidents reported in 2017 alone.
• Criminal Investigations: The FBI investigates approximately 100 serious crimes each year on cruise ships, with sexual assaults being the majority.
• Gastrointestinal Diseases: Gastrointestinal viral diseases, particularly norovirus outbreaks, occur on cruise ships 9-16 times each year.
• COVID-19 Impact: In 2020, at least 25 cruise ship voyages reported cases of COVID-19 infection, leading to CDC advisories on cruise ship travel. The CDC meticulously reports on virus outbreaks on cruise ships and provides guidelines to control and prevent their spread while at sea.

By examining these trends and taking appropriate precautions, we can strive to ensure the safety and well-being of all cruise ship passengers.

What Should You Do if You Are Injured on a Cruise?

If you sustain an injury on a cruise, it's important to know how to handle the situation. In most cases, if the incident occurred more than three miles from shore, the rules of the International Maritime Organization will likely apply. To protect your rights and seek compensation, consider the following steps:

• Promptly report your injury, illness, or assault to the ship's Safety or Security Officer. Don't hesitate to officially document what happened, as the cruise company should generate a "passenger injury statement" to record your case.

• Seek medical attention at the on-board Ship Infirmary. Prioritize your health and safety and obtain copies of your on-board and off-shore medical records. Keep track of all medical expenses incurred.

• Contact the appropriate authorities, especially if a crime was involved. Depending on the ship's location (in port or at sea), you may need to reach out to local police departments or even the FBI. It's better to over-report than to miss reporting to the agency with jurisdiction.

• Advocate for yourself and ensure that the situation is handled properly. Don't let crew members or local authorities dismiss or downplay the incident. Keep a record of the names, titles, and conversations with those involved. Request copies of any relevant documents or take photos if necessary.

• Document your injuries and the area where they occurred through photographs or videos. If there were unsafe conditions, make sure you clearly capture them. If your interview with the Safety Officer or Ship's Doctor is recorded, obtain a copy or make your own.

• Exercise caution when providing information. Cruise line forms or interviews may try to shift blame or use your answers against you. Provide an accurate account of negligent crew behavior or unsafe ship conditions, but avoid accepting blame, making excuses, or offering apologies.

• Gather evidence and witness contact information. It's crucial to collect information from witnesses who may have seen the accident or the unsafe conditions that led to your illness or injury. Get their contact details and statements. If they have any evidence like pictures or videos, make sure to obtain copies.

• Seek professional help. Cruise tickets, boarding documentation, and assumption of risk forms often contain intricate legal jargon. These waivers and disclaimers are designed to protect the cruise line. To build a personal injury case, you need to establish negligence that caused your injury or illness. Consulting an experienced maritime personal injury lawyer will ensure you understand your rights and legal options.

• Take immediate action. Time is of the essence. Depending on the specific circumstances, you may have a limited window to report the incident (often less than six months) and file a claim (usually within one year). If you're unsure about your case or hesitant to take action, don't hesitate to seek advice from a qualified attorney.

How Does A Cruise Ship Illness or Injury Case Proceed?

When it comes to ensuring the safety of passengers, cruise lines have a legal responsibility to maintain their ships and promptly address any hazardous conditions. They also carry insurance to cover liability claims arising from accidents, negligent security procedures, or other breaches of duty.

So, what happens if you find yourself in a personal injury situation onboard a cruise ship? Here's a step-by-step overview

1. Assessing the Case: A skilled cruise ship injury lawyer examines the details of your case, considering various laws based on the location of the incident and other relevant factors.
2. Gathering Evidence: Your attorney thoroughly reviews medical records, expenses, and other documentation to build a comprehensive picture of your losses and the long-term impact of the illness or injury.
3. Demanding Accountability: Once you reach the point of "Maximum Medical Improvement," your West Virginia accident lawyer may draft a demand letter or initiate negotiations for a settlement that fairly compensates you for your suffering.
4. Legal Action if Necessary: If a settlement cannot be reached, the case may progress to litigation. This involves filing a personal injury lawsuit and entering the discovery phase, where evidence gathering takes place.
5. Seeking Resolution: Mediation may be ordered or requested by both parties as an attempt to reach a favorable settlement outside of court. This collaborative approach can be a valuable opportunity to resolve the matter efficiently.
6. Trial Proceedings: In the event that mediation fails, the case will proceed to trial. A judge, well-versed in relevant laws, will preside over the proceedings, carefully considering the evidence and determining appropriate compensation for the victims.

At Schechter, Shaffer, and Harris, Maintenance and Cure, we understand that dealing with cruise ship injuries can be challenging. If you or your loved ones have experienced medical issues, lost wages, or emotional distress, reach out to our experienced maritime lawyers for a free consultation. We have the expertise to guide you through complex cases involving international or maritime law, bringing you peace of mind during these turbulent times.