A federal appellate decision in a cruise ship accident case of a slip and fall lodged against Norwegian Cruise Line could lead to more plaintiff victories in similar cases down the road. The United States Court of Appeals for the Eleventh Circuit recently ruled that the district court should not have dismissed expert testimony as to the slip resistance of Norwegian Sky’s pool deck. On this pool deck, the plaintiff slipped and fell, fracturing her wrist.
Previously, the district court judge in Fort Lauderdale granted summary judgment in favor of Norwegian Cruise Line. The court ruled that the plaintiff’s expert waited too long to test the pool deck for slipperiness and relied upon slippery surface standards that apply solely to crew members. The appellate court disagreed and reversed. The court held that the industry standards for necessary pool deck slip resistance should apply to anyone who falls on a ship, not just employees. Further, the delay between testing the pool deck and the accident did not render the evidence inadmissible. The circumstances were substantially similar as the pool deck had not been altered and it was raining at the time of the inspections, just as it was when the fall occurred.
Slip and Fall Cruise Ship Accident Victims Could Benefit from Appellate Court Ruling
This case could have positive results for slip and fall cruise ship accident victims. The case recognized the challenges often faced by plaintiffs in conducting testing and inspections. Unlike a slip and fall case at your local supermarket, the cruise line has sole control of the plaintiff’s access to the ship. Cruise lines have been known to delay access in an effort to toll the time the plaintiff has to bring an action. Further, the case encourages district court judges to consider slip and fall cases on the merits, instead of being quick to grant summary dismissal.
Slip and fall cases, particularly on cruise lines, can be quite complex and difficult to successfully obtain compensation for. Cruise line will vigorously defend against these actions as falls are a common occurrence on cruise ships. Injured accident victims will need to retain the assistance of an experienced attorney who will aggressively fight to conduct timely inspections and investigations, comply with all necessary deadlines and notice requirements, and thoroughly analyze statutory and case law to find precedent in support of your action. With the help of a skilled cruise line accident attorney, your slip and fall case can successfully obtain the compensation you deserve for your serious injuries. Possible compensation includes medical expenses, lost wages, pain and suffering, and much more.
Greenberg Stone and Urbano: Dedicated Cruise Ship Accident Attorneys Fighting for Your Best Results
If you or a loved one is injured or takes ill on a cruise, the Miami Cruise Ship Accident Attorneys at Greenberg Stone and Urbano are here to help. We have over 130 collective years of experience representing cruise accident and illness victims, including injured crew members, in South Florida. We will assess your accident and determine your best avenue for recovery from the cruise line responsible for your injuries or illness. We have the experience and knowledge to provide you with top notch legal representation. Our firm has received a coveted AV rating from Martindale Hubbell and the Miami Herald recognized us as a top firm in South Florida. Allow our exceptional attorneys to provide you with superior legal services in the South Florida area. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.