Cruise Ship Accidents

Dedicated Attorneys Serving Injured West Palm Beach Residents

West Palm Beach Cruise Ship Injury ClaimsThousands of travelers depart from Florida ports on cruise ships each day. Unfortunately, passengers often suffer serious injuries while on these voyages. The accident attorneys at Frankl Kominsky are prepared to try to help West Palm Beach individuals with their cruise ship accident claim and navigate through these complex cases. We can help assert your rights if you were hurt on a vessel.

Cruise Ship Accidents

Cruise ship accidents are governed by maritime law. This is the body of law that applies, both substantively and procedurally, to activity on the high seas or navigable waters. It includes federal statutes, international treaties, and relevant case law. When a tort occurs on navigable waters, it is governed by maritime law. Cruise ship accidents are considered maritime torts. Examples of these events include:

  • Full or partial ship sinking
  • Fires and loss of power
  • Food-borne illnesses
  • Slips and falls
  • Crimes, such as sexual assaults

General principles of negligence apply in maritime tort lawsuits. A victim must show that the defendant had a duty of care to avoid creating an unnecessary risk of harm, but breached the duty with careless behavior and caused the plaintiff’s injuries and damages. A cruise ship operator has a duty to exercise reasonable care when interacting with anyone lawfully on the vessel. If it breaches this duty and causes an injury, it may be held liable.

For example, a passenger might suffer a slip and fall on board a cruise ship. The vessel and its crew have a duty to its passengers to act with reasonable care. They must take measures to protect passengers against dangerous conditions in areas where passengers are invited to or reasonably expected to visit. This duty includes warning passengers about any hazardous areas and taking steps to fix the hazards.

Maritime Crimes

If a crew member assaults or commits a crime against a passenger, the victim may hold the cruise ship operator liable. These vessels are considered common carriers, and common carriers may be strictly liable for the willful misconduct of their employees, even if the action falls outside the scope of employment. Victims of sexual assault, for example, have been able to hold cruise ship operators accountable if a crew member committed the assault.

Medical Negligence on a Cruise Ship

A cruise ship operator may be liable for the negligent hiring of its medical staff, but these companies are generally not liable for malpractice by their physicians. A passenger injured by a ship’s doctor would have to bring a medical negligence claim against the doctor. However, a passenger also may bring a claim against the cruise operator for its failure to exercise care in hiring a competent doctor.

Statute of Limitations and Damages

The Uniform Statute of Limitations for Maritime Torts will apply in a cruise ship accident case. This rule provides a three-year time window for personal injury or wrongful death claims that arise from these events. However, cruise line operators sometimes can shorten the amount of time in which an injured passenger can bring a claim. The company can include a provision in the contract with the passenger, such as language on the ticket, that limits the time to file a claim to as little as one year.

If you assert your claim in time and prove your case, you can seek damages for your cruise ship injuries. You may be able to recover for your lost wages, current and future medical expenses, and pain and suffering caused by the accident.

Fighting for West Palm Beach Accident Victims

If you were harmed on a cruise ship, the accident lawyers at Frankl Kominsky are committed to trying to help you  hold the responsible parties accountable for your injuries. Based in West Palm Beach, we have represented victims in many complex accident cases, and we can try to provide knowledgeable representation and aggressive advocacy for you as well. We serve clients throughout Delray Beach, Palm Beach Gardens, and Boca Raton, as well as other Palm Beach County locations. For a no-obligation consultation, call us today at (561) 354-6184 or complete our online form. We speak Spanish and Creole.

Client Reviews
I have had experience in the past using other attorneys and law firms however the attorneys and staff at Frankl Kominsky are by far the best experience I have ever had. Thank you for everything this law firm has done. I recommend this law firm to everyone. By Bruce
This was an amazing injury law firm. Steven and his staff was available when I needed him and were always following up with me. I felt very fortunate that I found them. It is true that this law firm will never settle for less! I fully recommend this law firm to anyone that needs a hardworking and results oriented law firm. By Consuelo
Mr. Frankl came very highly recommended by two separate peers. I had a handful of lawyers to choose from and I chose him. He moved quick, no nonsense, and very effective. Before I knew it everything was handled and I had a serious burden lifted. If I ever have a problem again, I am going straight to him. It is that simple. By Kelly
I called Mr. Frankl and his firm about a motorcycle accident case and he helped me through the entire process. Mr. Frankl made me feel like my situation mattered to him and didn't treatment me like just another file in a file cabinet. He is smart, energetic and a true fighter. I am glad to call him my lawyer and I highly recommend Frankl Kominsky for your personal injury case. By A Personal Injury Client
Mr. Frankl was such an asset to have on my team while I picked up the pieces following an accident. Right from the beginning he assisted handling the insurance companies, rental car companies, auto body shops, police reports, it was incredible. His guidance allowed me to focus on the most important thing and that was my medical condition & recovery. Should you find yourself in this unfortunate situation do yourself a favor & trust this man & his expertise. By Damon