This question recently arose in the case of Williams v. Carnival Corporation. The case is pending in the United States District Court for the Southern District of Florida in Miami. Cruise ship attorneys at Greenberg, Stone, & Urbano have a combined 130 years of litigation experience and have encountered cases like the Williams case. Greenberg, Stone, & Urbano understand the maritime laws that apply to injuries suffered by passengers on cruise ships.
In the Williams case, a passenger suffered injuries after falling ill on board. The onboard physician treated the sickened passenger. He suffered “debilitating neurological damage” from medical treatment that fell below the standard of care a doctor owes a patient. Williams’ neurological damage is permanent.
Williams and his wife filed a claim for damages in court. They alleged that the physician and the cruise line committed medical malpractice when they negligently treated Williams. Williams’ wife filed a claim for loss of consortium. The cruise line asked the judge to dismiss the case because maritime law, which must be applied in this circumstance because the boat was at sea, does not allow for spouses to file a loss of consortium claim. The judge agreed with the cruise line and dismissed the count of the complaint alleging a loss of consortium. Continue reading →