Cruise Ship Accidents and Incidents Affecting Lake Worth Residents
If you or a loved one reside in Lake Worth and has suffered an injury that arises from cruise ship accidents or incidents, you may want to contact an experienced cruise ship attorney for guidance. Cruise lines are expected to adhere to the many standards and statutes that have been placed on them by both U.S. state and federal maritime authorities. Along with those regulations, there are also international treatises and agreements, which have been endorsed by the United Nations. These are designed to deal with any liability that may arise due to an injury or fatality when at sea.
It’s worth noting that the regulations, which govern sea vessels, are sometimes different than those regulations which pertain to land-based incidents. Some of these sea-faring regulations have arisen from a long history of precedents. Because of this, it’s likely that one might run into a bit of complexity when it comes to legalities attached to ships. This is especially true in cases in which a vessel is sailing in international waters. This may spawn some confusion for those who might assume that a cruise ship is completely governed by the laws of its originating country.
It should also be mentioned that filing a cruise ship lawsuit may require that the details be handled in a specified location. An important part of cruise ship lawsuit filing may also depend on a “contract of carriage”, which determines the rights of a plaintiff (victim of injury). There are also cases in which the statute of limitations is much shorter than those that are found in land-based lawsuit incident filing. In some cases, a statute of limitations may only be for one year from the date of the injury. There may also be a requirement that a notice of intention to file a lawsuit must be provided to the cruise line by 6 months from the date of the injury. Stipulations may usually be spelled out on a passenger ticket contract. So you may want to read these over carefully and contact an experienced cruise ship accident attorney.
Here, you may also see that any laws applying to a Lake Worth resident, when it comes to cruise ship accidents and incidents, might originate from a specific country, as opposed to the United States. These are just some of the reasons why it would be prudent to seek the advice of a cruise ship attorney who serves Lake Worth. By doing so, as soon as possible, the attorney will have the time that is needed to look up the specifics of your case and which laws may apply.Does the Cruise Ship Security Personnel Keep Passengers Safe?
When it comes to cruise ship safety, it should be pointed out that cruise ships are growing larger, all the time, and new designs keep appearing each year. These designs lean towards making the ships more impressive in size. Because of this, there is a greater amount of space to secure.
Here, we’re looking at a situation in which a ship will be carrying over 5,000 passengers, plus the crew. Therefore, you can have about 10,000 people on one ship. Keeping a ship safe with that many people on board can be a challenging task. Imagine keeping an entire town safe, but with the added complexity of that town floating out in the ocean! This means that one can find dangers on a ship that just don’t exist on land. Add these to the typical land-based dangers as well.
Cruise ship advertising may make it seem like you’re having a safe holiday, but what they don’t tell you is that there is no police department, large enough for a sizable population, on your ship. This amounts to a situation that can be more hazardous than the advertising lets on to.What Points Should I Consider Regarding Cruise Ship Lawsuits?
If a Lake Worth Resident encounters cruise ship accidents and incidents, the very first legal consideration involves the jurisdiction that the person needs to file a lawsuit in. For example, there are cases in which someone was injured on a cruise ship sailing in foreign waters, but nevertheless is required to file their lawsuit in a Miami, Florida federal court. In this particular case, a cruise ship attorney would need to be authorized to practice law in a specific courthouse, if they are going to represent you.
Injuries can also occur in off-ship excursions. If so, your attorney may need to have experience in the laws of the applicable foreign country. Your claim may also need to be perfected through a corresponding attorney in the applicable foreign country. A lawsuit may also be required to be filed in a foreign jurisdiction.
Cruise lines have also been known to have passengers sign waivers before participating in a ship’s activity. In these situations, however, it can be possible to fight a “blanket waiver” like this. Contact an experienced personal injury attorney for guidance.What Should I do in Case of an Injury on a Cruise Ship?
If you are on a cruise ship and have become injured, some of the things that you would want to do immediately are:
- Immediately let the cruise ship security section know what happened. You may also want to let other cruise ship staff members know of the incident. This is especially true when the accident occurred in a way that other ship’s passengers might also suffer the same injury.
- Take down the names of any staff member who assists you.
- If you are asked to complete a report, make sure to get a copy. Also, just mention the facts concerning the incident without assigning blame to yourself or others.
- Since your ticket may specify a limited time frame, send a registered written notice to the cruise line regarding your intention to file a lawsuit – immediately.
- Take many photos of the accident scene and make sure that you get photos of every detail. This will prevent any problems associated with evidence removal.
- Write down the contact information of any passengers or crew members who witnessed the incident or who are aware of the problem.
- Get statements and contact information from any foreign witnesses.
- Notify the FBI or other law enforcement representatives if a serious crime such as; rape or assault has occurred.
- Obtain medical help from the infirmary aboard ship and then disembark in order to get immediately evaluated by a U.S. doctor.
- Do not sign anything or accept any compensation offers from the cruise line until you have spoken with your own cruise line attorney.
The Cruise Vessel Security and Safety Act (CVSSA) was signed by President Obama into law in 2010. The goal of this law is to ensure the safety and security of cruise ship passengers and was the first law of its kind. The issues that it addressed included; keeping accurate records, maintaining the privacy of victims, proper training of crew members, certification standards of crew members, prevention of cruise ship accidents and incidents, accurate reporting of incidents, etc.. For those cruise ship owners and staff members who don’t adhere to the statutes are subject to both criminal and civil penalties that can include; being barred from U.S. ports and up to a $50,000 per day fine. The entire report may be viewed online at: Cruise Ship Incident Report.
Some of the crimes that can be seen in this report are:
- U.S. nationals that have turned up missing
- Cruise ship design tampering and missing safety elements
- Assaults that result in serious injuries
- Deaths that have occurred under suspicious circumstances
- Thefts in excess of $10,000
- Cases that involve kidnapping of victims
- Deaths that have resulted from acts of homicide
- Rape and incidents of sexual assault
- The training and certification of crew and staff members under CVSSA regulations
Yes. The CVSSA obligates the cruise ship operators and owner to immediately report any offenses that have been committed to the nearest FBI field office. They are also under the obligation to file and submit a crime report in a portal that is security-designated. The ultimate CVSSA goal is to create a situation that is akin to “borderless reporting”. The parameters of CVSSA reporting include situations in which:
- The offense happens on a cruise ship that either departs or arrives at a port in the United States and the offense victim is a U.S. national.
- An offense that has occurred in the United States’ territorial waters
- The offense has happened in a location that is outside the jurisdiction of any country or if the offense has either been perpetrated or experienced by a United States national.
- A United States citizen or U.S. Corporation has ownership of the cruise ship on which the incident happened – regardless of the country the victim is from, if that offense has been committed within the United States maritime jurisdiction.
The cruise ship medical staff must have a licensed physician or registered nurse that has been accredited under the American College of Emergency Physicians guidelines – insofar as the treatment and the care of someone who has been victimized by sexual assault. The accrediting must also include a minimum of emergency medical practice experience along with three years of post-graduate experience in clinical practice.Enlist a Lake Worth Injury Lawyer to Protect Your Rights
Deaths and injuries from negligence can be the result of accidents and incidents that occur on cruise ships. There have been a number of cases in which a passenger accident or incident has resulted in an injury that eventually led to a person’s death. The injuries involved may include brain damage and various internal organ injuries. Therefore, even if you are involved in a ship accident that seems minor, it is advised that you seek medical care and the advice of a cruise ship accident personal injury attorney as soon as possible.
Seeking the advice of a Lake Worth personal injury attorney, can assist in receiving the best care and compensation that you rightfully deserve. Therefore, when you or a loved one are involved in a Lake Worth resident affected cruise ship accident, contact a Florida personal injury attorney.
Discuss your case with a Cruise Ship Accident Personal Injury Attorney Serving Lake Worth Today! Turn to Frankl & Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.