Many people are willing to try more adventurous activities while on vacation than they ever would during their everyday lives the rest of the year. Someone whose greatest risk at home was trying yoga in a hot room might find himself diving off a wall or galloping down the beach. While some of the excursions offered by many cruise ships do carry an inherent risk of injury, there are times when the cruise ship is responsible, at least partially, for the harm suffered by its passengers while off the ship.
There are far more serious injuries on cruise ships and during excursions every year than most people, even regular cruisers, are aware. The experienced South Florida cruise ship accident attorneys at Greenberg Stone and Urbano understand the lengths to which the cruise industry will go to avoid taking responsibility for its negligence and we work hard to get justice for our clients.
Holding a cruise ship responsible for the injury that a passenger suffers while on a shore excursion is not straightforward. Often, the operators of these excursions are independent companies with international registrations and there are no strong ties between the cruise line and the tour operator. However, it is possible to recover from the cruise ship under certain circumstances.
One of the first considerations is whether you booked the excursion through the cruise ship. If you did, this is the first step to recovering from the cruise line for any injury. You will need to take a close look at the ticket or paperwork that came with your booking. There are times when the cruise ship includes language in the documents that states the cruise line only is acting as an agent and has no control over the excursion or any risks associated with it. It is going to be necessary to analyze the nature of the relationship between the cruise line and the excursion operator to show close enough ties to bring the cruise line into the legal action.
The cruise line makes money on each excursion that is booked, so its efforts to avoid any liability are disingenuous. Despite the hurdles that exist, if the excursion is operated by the cruise line, it will be responsible for injuries caused by the negligence of the company or its agents. There is another challenge, though, and that is satisfying the requirements for notification of the injury in accordance with the extreme limitations often imposed on the original cruise booking or subsequent excursion registration. Typically, this involves an immediate report made to the specified cruise authorities about the injury and the commencement of a legal action for damages within six months.
There are many different injuries that can occur during a shore excursion, but common injuries include:
• Slip and fall injuries;
• Broken or fractured bones from activities like horseback riding, parasailing, rock climbing, or zip cord runs;
• Drowning or near-drowning incidents while boating, snorkeling, scuba diving, or surfing; and • Injuries sustained during a criminal assault.
The cruise line is not going to assist a victim in gathering evidence after an injury and the question of who is in charge of the investigation into the accident often results in a less-than-thorough official report. It is important for a person who has suffered harm to get witness information, collect documents such as medical records and written statements, take pictures, and make a report to the cruise line as soon as possible in order to maximize the chances of recovering a damages award.
Miami Cruise Ship Accident Attorneys Cut Through the Red Tape
If you were injured during an onshore excursion booked as part of a cruise vacation, you likely faced a series of fingers pointing in other directions in trying to get compensation for the harm that you suffered. The experienced cruise ship accident attorneys at Greenberg Stone and Urbano know how the cruise lines attempt to evade liability and will work hard to find the responsible parties and make them pay for the damage that they caused.
We will fight to protect your rights and interests.
With more than 100 years of collective legal experience, our cruise ship accident attorneys have earned the honorable distinction of being “Superlawyers,” a title which ranks them as being among the best lawyers in America. In fact, the firm’s dedication to helping clients has earned us an “AV” rating from Martindale Hubbell, and, is one of the main reasons why the Miami Herald has voted us one of South Florida’s top-rated law firms. It is also why we have been invited to join Primerus, an international society of leading law firms. We are ready to discuss your case as soon as you call (888) 499-9700 or (305) 595-2400 or visit our website.