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When you were just trying to get to port
Tender boats transport passengers or crew members to and from a larger vessel in ports that are too small for the enormous cruise ships in service today.For many passengers, tender boats are essentially floating buses. The tenders take them to and return them from a dock or port of call. However, rough weather conditions are occasionally a source of significant danger to unsuspecting passengers on board.
Typically, tender boats are used by cruise ships during both passenger embarkation and disembarkation in a port of call. In addition, they are also deployed when there is rough weather at the port of call.
It is common for accidents and injuries to occur when passengers are either embarking or disembarking tender boats. Often, this occurs when passengers are stepping up/down from the tender or suffer a fall on the gangway ramp.
In these cases, the cruise line can be held liable for injuries sustained by the passenger or crew member. It is important that cruise ship passengers and crew members know their legal rights in the event they are injured while getting on or off a tender boat.
Responsibility for tender boat injuries depend on several different factors. For example, the legal relationship between the tender boat operator and the cruise line company will impact who is legally liable for an accident. Conversely, if the tender boats are owned and operated by the cruise line, they will be responsible for the tender boat operator’s negligence. That is why it is not uncommon for cruise companies to hire third-party companies to operate the smaller ships.
Unfortunately, most passengers do not know whether the tender boat operator is an employee of the cruise line or if they are an independent contractor. It is also nearly impossible to know the company’s safety track record ahead of time, and even if this knowledge is obtained, passengers do not necessarily have a choice as to who is operating their tender boats. If the tender boat is operated by a third-party, you may have a claim for negligent hiring if the cruise company fails to properly vet the tender boat company before hiring them..
Tender boat accidents normally happen when passengers or crew are embarking or disembarking between the tender boat and cruise vessel. Passengers may slip, trip, or fall when getting on and off the boat, which can lead to serious injuries.
Accidents can also occur when the tender boat operator is not properly trained or operates the boat carelessly or recklessly. Tender boat accidents can also occur due to rough weather, harsh sea conditions, and more. If there is a significant difference in height or unsafe conditions when transferring passengers from one boat to another, serious injuries can occur as well.
Cruise lines will often try to deny responsibility when a passenger is hurt in a tender boat. In fact, it is common for them to try and pass liability to either the third-party tender boat company or the port facility. However, cruise lines have a legal obligation to provide their passengers with a high degree of care and safety, which includes transporting passengers to and from their cruise ships.
It is important to document the scene and your injuries if you are injured in a tender boat. Specifically, it is critical to have photographs, videos, and/or witness testimony to help you prove your case. It is also important to hire an experienced maritime lawyer to help you prepare your case.
Allision is when a moving vessel violently impacts a stationary object. Collisions, on the other hand, happen when to moving objects collide. Both allisions and collisions are frequently involved in tender boat accidents. Unsurprisingly, the chances of a tender boat being involved in accidents involving allisions or collisions increases significantly when there are big wakes because of big ships in port.
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 and crew members who have been injured on tender boats.
Injuries sustained on a cruise ship or tender boat, must be thoroughly documented. Immediately after the accident occurs, doing the following can help maximize your recovery:
The Miami-based maritime personal injury attorneys at Delgado Trial Attorneys possess a skill set that few other maritime attorneys can claim. That is to say, Delgado Trial Attorneys possess a skill set that few other maritime attorneys can claim. Specifically, their diverse professional experience including Raul G. Delgado II’s extensive experience defending insurance companies and the major cruise lines and preparing their trial strategies for years before beginning to represent accident victims in Florida and cruise ship passengers and crew members injured because of negligence. Coupled with Raul G. Delgado’s” a> 44 years of personal injury experience fighting on behalf of injured accident victims throughout Florida, Delgado Trial Attorneys offers a combination of experience in all types of cruise ship personal injuries unlike any of their competitors.
This diverse experience allows our attorneys 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.
THIS WEEK’S UPDATE: CORONA VIRUS, 2.0 This story was originally published on May 3, 2020 as first seen on our Facebook page By Delgado Trial
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