The Most Common Defenses in Slip, Trip and Fall Cases
The Most Common Defenses in Slip, Trip and Fall Cases By Delgado Trial Attorneys If you are pursuing a slip and fall claim, it’s important
When the trip of a lifetime ends up being traumatizing
The cruise industry has grown exponentially in recent years and has proven it has staying power. In the last thirty years, it has become a favorite for vacationers of all ages. The unrivaled ability of cruise ships to visit multiple exotic ports of call around the globe for a price that doesn’t break the bank is appealing to travelers of all ages. Whether a family vacation or romantic getaway, there is something for everyone on a cruise ship. Meanwhile, new ships keep getting bigger in size to allow for more onboard attractions for guests of all ages. However, many passengers are unaware of the dangers that go hand in hand with maritime travel.
Our unique experience defending the major cruise lines gives us an insight into the best strategies for maximizing the compensation we get for our clients. That experience allowed us to see every different type of accident that typically occur onboard cruise ships. However, regardless of the cruise line or specific cruise ship, slip and fall accidents and trip and fall accidents are consistently the most common cruise ship passengers accidents that cause serious personal injury.
In fact, slip and fall accidents and trip and fall accidents occur regularly on most oceangoing vessels and cruise ships are no different. According to the UK Protection & Indemnity Club, one of the world’s largest P&I Clubs that includes many cruise lines operating today, these accidents represent nearly one third of all catastrophic injury claims in the maritime environment.
Not surprisingly, it is common for water to pool on the open deck areas of cruise ships thanks to the constant flow of waves and currents on the high seas. Certainly, the tendency of ships to rock from side to side as they navigate the waves of the open oceans also contributes to the risk of serious injuries to unsuspecting passengers.
The rolling blue waves of the open ocean are beloved by most cruise ship passengers that want to relax and have fun in the sun. The gentle movement of the waves is unlike anything experienced in other forms of global travel. Most passengers are not aware that the weather and ocean currents can change from one moment to the next. In fact, one of the most common situations frequently encountered by cruise ship passengers is getting hurt in accidents that is caused by bad weather and ship movement.
Over the years, many clients we have represented were hurt in falls caused in part by ship movement and often admit they were initially hesitant to pursue a claim because of feeling embarrassed. If this sounds familiar, rest assured it has happened to many cruise ship passengers and may be grounds for liability against the cruise line under certain circumstances.
Often, cruise ships sailing on the open oceans encounter inclement weather, high winds and strong currents. Moreover, cruise lines like Royal Caribbean have acknowledged the dangers created by inclement weather for cruise ship passengers by hiring a chief meteorologist to monitor weather events that could potentially affect the safety of their fleet.
Most cruise lines require their ship’s command to warn guests when they should expect to encounter these conditions because of their tendency to create unstable conditions for passengers that are walking around the ship’s decks. This is especially true for passengers that have limited mobility to begin with.
Most modern ships in service today have stabilizing fins which act to counter the effects of rough seas and their tendency to create unstable conditions for passengers that are walking around the ship. However, it is not uncommon for the ship’s bridge against implementing the stabilizing mechanisms because of their tendency to increase fuel consumption to make the voyage as profitable as possible for dollar conscious cruise lines.
Worst of all, passengers are rarely warned about the decision and most passengers that are injured as a result have no idea the ship knew about the rough seas and nonetheless decided not to warn passengers of the risk or protect them from the dangerous conditions. If you were injured onboard a cruise ship because of ship movement or rough seas, you should speak to an experienced cruise ship passenger accident attorney today to explore your legal options.
The newest cruise ships in the fleets of the major cruise lines have a variety of novel attractions meant to appeal to the untapped market of first time cruisers. From FlowRider surf machines to ice-skating rinks, go carts, and even ziplines and simulated skydiving, modern cruise ships attempt to have something for everyone, no matter their interests. Not surprisingly, the popularity of these attractions are a big reason why the cruise industry has enjoyed exponential growth in revenue and profits in the last twenty years.
Unfortunately, these novelties often come with a price. Shipboard attractions must be designed with safety in mind that often is far more difficult to guarantee onboard a moving ship that is subject to the mercy of the weather. Moreover, basic safety precautions often are insufficient to protect inexperienced fun seekers that are not aware of wheat they signed up for. Add the fact that the attractions are often operated by crewmembers who themselves are relatively experienced with a given attraction and you have a recipe for disaster that is hiding in plain sight.
These attractions often pose increased likelihood of significant injury to passengers that are focused on the fun at hand. If this sounds familiar, talk with an experienced cruise ship passenger accident attorney to day to determine if you have a case.
No one ever expects to get sick or injured while on a cruise. But when the unthinkable occurs and you need to seek medical attention while on a cruise ship, most passengers assume that the on-site doctors will provide them with the highest standard of care.
After all, it is not like you have any other options when it comes to receiving medical care on the ship. It makes sense that passengers trust that the medical professionals onboard will treat them with the same level of care they would receive from their family physician. Unfortunately, many of these on-site doctors do not provide passengers with the level of care that should be received, which has resulted in numerous cases of medical malpractice.
From undiagnosed strokes to broken bones, substandard medical care is a real and present danger on the high seas onboard a cruise ship. If you have been injured or hurt by medical care that is below acceptable standards, you should act fast and speak to an attorney to determine the best course of action.
Injuries sustained on a cruise ship, must be thoroughly documented. Immediately after the accident occurs, doing the following can help maximize your recovery:
Cases such as these are not easy ones to win, and they require the assistance of experienced personal injury and maritime attorneys. At Delgado Trial Attorneys, we regularly fight for the rights of injured cruise ship passengers in situations like these.
Time is of the essence, when filing a lawsuit against one of the major cruise lines. These claims must be filed in the US District Court for the Southern District of Florida, in Miami-Dade County, Florida. Passengers have just one year from the date of the accident to file a claim. It is important that you hire an attorney experienced in handling cruise injuries in order to successfully recover damages to compensate for an injury sustained while onboard a cruise ship.
The Miami-based maritime personal injury attorneys at Delgado Trial Attorneys possess a skill set that few other maritime attorneys can claim, which is an extensive experience representing the cruise lines and developing their defense strategies years before they started representing the passengers and crew members that suffered injuries because of the cruise lines’ negligence.
Raul G. Delgado II’s experience working in the industry for the cruise lines means he has developed relationships with with the cruise lines employees and attorneys to help ensure his clients are treated fairly. Combined with Raul G. Delgado, Sr.’s 43 years of personal injury experience fighting on behalf of injured accident victims, Delgado Trial Attorneys offers a combination of experience in all types of cruise ship personal injuries unlike any of their competitors.
Our experience allows us to effectively strategize and advocate for every client we represent. We have handled all types of cruise ship passenger accidents over the years with a focus on slip, trip and falls, medical malpractice, FlowRider accidents, sexual assaults, Death on the High Seas, and more. Contact our law firm today for a free case evaluation. Virtual sign-ups available.
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