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Most cruise companies will try to shield themselves from liability by having passengers sign a liability waiver before being allowed to enjoy onboard attractions. They claim that this means the rider assumes all risk of injury from riding the FlowRider or similar attractions. However, do not let these waivers fool you. Federal law makes these waivers invalid. If the cruise company is found to be responsible for your injury, this waiver will not prevent you from being compensated for your injuries, including reimbursement for medical bills, lost wages, and other damages.
The FlowRider is one of the most popular attractions on cruise ships. The FlowRider and other types of surfing simulators give riders the feeling of surfing without being on the open water. While this attraction is exciting, it can also be dangerous.
The FlowRider was invented in the 1980’s and is a machine that operates by using a three-inch high sheet of water to simulate artificial waves, giving the rider the feeling of surfing on an actual ocean wave. While some FlowRider participants have experience when it comes to surfing, most of them are relatively inexperienced if not beginners. This attraction carries the danger of accidental drowning, and with the speed of the waves and energy required, falls happen frequently. Some of the more common FlowRider injuries include:
Cruise companies regularly offer attractions such as ziplines and the FlowRider to passengers on board and on their sport decks. However, before offering these attractions, the cruise company is responsible for insuring that the ride is installed properly, that it is maintained and monitored, and that the crew running the ride are properly trained.
In sum, it is vital that the crew responsible for overseeing these strenuous attractions are comprehensively trained to properly instruct riders of all ages since many have never set foot on a surfboard in their lives.
Unfortunately, not all cruise lines take the necessary precautions to protect their riders, and as a result, serious injuries often occur. It is important to have the right attorneys on your side to investigate the circumstances that lead to your injuries and to fight for your rights to receive just compensation for your injuries.
Your legal claim for injuries sustained on a cruise ship is directly controlled by the language in the cruise line passenger’s ticket. These tickets are legally binding contracts. In fact, they establish the rules that an injured passenger is required to comply with to bring a claim for damages including a lawsuit against the cruise company. Specifically, this includes the following:
Federal maritime law places a legal duty on the cruise line company to use reasonable care under the circumstances at all times. This duty extends to any independent contractor or individual employed by the cruise line, including medical staff and personnel.
However, some circumstances may impose a higher duty of care on the cruise line if they are placing defective products into the stream of commerce. The specific facts of a case will dictate what the applicable duties of the ship operator is at a given moment and what the passenger is expected to know, regardless of whether they were actually aware of.
If you were involved in a cruise ship FlowRider accident, call us for a free consultation with one of the attorneys at our Miami cruise ship passenger accident law firm today.
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 maritime injury 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 typically 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 cruise ship accident and maritime injury law firm of Delgado Trial Attorneys possess a skill set that few other maritime attorneys can claim. Raul’s 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. Combined with Raul 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.
You can trust our experience representing adult and child cruise passengers injured on cruise ship FlowRider attractions and our proven results. Call us today and find out if we can help you obtain compensation if you were injured 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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