A female passenger onboard a Virgin Voyages cruise ship, the Valiant Lady, died after falling from the ship’s balcony and landing on a lower deck, colliding with another passenger.  

The incident occurred just after the Valiant Lady departed, heading to Roatan, Honduras. Shortly after the ship departed, a medical emergency was announced involving a female passenger onboard around 9:35 p.m. The emergency involved a passenger going over her balcony and landing on another passenger on the lower deck. Despite receiving medical attention, the passenger who fell over her balcony died.

The passenger who was struck when the other passenger fell onto the lower deck was injured, but not seriously hurt.

Shortly after the fall was reported, the Valiant Lady was redirected to head back to Miami so that the deceased passenger could be taken off the vessel. All the other passengers were told about the change in plans around 11 p.m., as they were informed that the ship would be turning around due to a medical emergency. Shortly after the vessel arrived at the port, the ship departed again and resumed its planned itinerary. The next morning, around 8 a.m., passengers were informed by the captain that a death had occurred on the ship.

Understandably, many of the passengers who were told about the death were shaken up by the announcement. As a result, some of them chose to disembark in Miami, instead of continuing on with the cruise.

Passengers reported that Virgin Voyages was accommodating regarding the incident. If a passenger wished to disembark because of the news, Virgin offered these passengers a future cruise credit.  

As is the case with any death onboard a cruise ship, the Miami-Dad Police Department’s homicide bureau is investigating the circumstances surrounding the death.

Following the death, Virgin Voyages released a statement:

“On Sunday, shortly after departure there was a medical emergency involving one of our passengers. This passenger went over their balcony onto a lower deck, and despite receiving immediate medical attention, has passed away.”

Normally, when someone dies due to the misconduct or negligence of another person or entity, the family of the deceased can file a wrongful death claim under state law in the state where the injury occurred. However, when someone dies due to misconduct or negligence while at sea, a federal law known as the Death on the High Seas Act or DOHSA comes into play.

Certain qualifications must be met for the DOHSA to become involved. The DOHSA applies to fatal accidents that occur at least three nautical miles from the shore of the United States. If the death occurs within three miles from the shore, that case is governed by state law. Additionally, the DOHSA action must be brought within three years from the date of the accident.

Remedies that can be sought under DOHSA are much more limited than the remedies available under state law or general maritime law. Since DOHSA is a federal law, it preempts state laws and general maritime law.

If a death on the high seas involves a deceased seaman, the family of the deceased is not just limited to the DOHSA for damages. They can seek a claim for damages against the seaman’s employer under the Jones Act. The damages available under the Jones Act are much more extensive than those offered through the DOHSA. Keep in mind the Jones Act only applies to maritime workers, while the DOHSA applies to both maritime and non-maritime individuals.

Cruise ships often are governed by laws of foreign countries, and these laws are not necessarily preempted by U.S. federal law. The family of the deceased may bring a civil legal claim under the laws of a foreign country in a U.S. court. However, they are not able to bring this foreign claim at the same time as a DOHSA claim against the same defendant. Concurrent claims can be brought if these two claims involve two different defendants.

What Damages Are Available under DOHSA? 

Unlike state laws involving wrongful death, damages under DOHSA are limited to pecuniary or financial losses suffered by “qualifying family members” of the deceased victim. Qualifying family members include surviving spouse, parent, child, or dependent relative. Only individuals in those specific categories may bring DOHSA claims.

Also, under DOHSA, any noneconomic damages are not recoverable, including loss of consortium brought by the victim’s spouse or loss of services. Additionally, DOHSA does not pay any damages for pain and suffering the deceased may have suffered prior to his or her death, lost wages pre-death, and mental pain and anguish. By taking noneconomic damages out of the equation, the victim’s family receive far less in a DOHSA case than they would with a state wrongful death case.

When the death involves a deceased maritime worker, the Jones Act does allow claims for pre-death pain and suffering. However, these damages are solely limited to maritime workers and would not cover cases such as this one.

The DOHSA also does not normally pay for medical expenses or funeral expenses since these expenses are often incurred by the estate of the deceased. If a qualifying family member paid these costs, however, a DOHSA claim for reimbursement may be made.

DOHSA Survival Actions

The DOHSA also does not necessarily provide for “survival” causes of action that allow a decedent’s family to recover for injuries they sustain on the high seas that are not the cause of their death, nor the pain and suffering caused during the event. For maritime workers, these actions can be supplemented by other laws, including the Jones Act, which provides remedies for seamen who lose their lives during the course of their employment, but does not provide any remedies for injured passengers. Jones Act claims based on a seafarer’s wrongful death can only be brought by the personal representative of the estate and can only be brought against the deceased’s employer.

Other Options for Families of the Deceased

If the incident that resulted in the wrongful death of the victim occurs within three nautical miles of the shore, the family of the deceased has the ability to bring a cause of action under the state’s wrongful death laws. The state that controls these cases is the state that controls the shore most immediate to the vessel. These laws give the family many more options to pursue claims for damages. Three nautical miles is not a significant distance, unfortunately, which is why most deaths tend to occur outside of that three-mile boundary, which means most cases are limited to the DOHSA.

Given the complexities involved in maritime law, it is important that the Personal Representative of the deceased have a strong legal advocate guiding him or her along in the process, protecting the rights of the deceased’s family and loved ones to receive financial compensation for the decedent’s death. The attorneys and staff at Delgado Trial Attorneys are here to help guide you every step of the way.

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 for years before bringing their skills and training to represent the passengers and crew members that suffered injuries because of a cruise line’s negligence. Combined with Raul Delgado, Sr.’s  45 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.

Visit https://cruiselawyermiami.com/ to learn more.