Logic dictates that a cruise ship’s decks can get wet while at sea. Decks become very slippery after precipitation, or sea spray falls on them. A recent court decision proves that cruise lines must warn their passengers about the dangers of slippery decks and are liable for injuries caused by the decks that are unreasonably dangerous. If you or a loved one suffered injuries on a cruise ship at sea, the South Florida cruise ship attorneys from Greenberg, Stone, & Urbano will fight to win the compensation you deserve.
As experienced cruise ship injury attorneys, we are very familiar with slip and fall injuries that occur on cruise ships while at sea. In the recent case of Frasca v. NCL (Bahamas) Ltd., the plaintiff fell on a wet deck. The plaintiff, his wife, and two friends went to dinner. They exited the dining room to explore the deck. The sun had set by that time and fog and mist set in. As such, the decks became very wet. The plaintiff was the last of the four through the door onto the deck. The plaintiff walked through the door, slipped on the wet deck and fell down hard on the floor. The plaintiff suffered excruciating pain in his leg. The following day, the plaintiff went to the emergency room at a local hospital after the ship docked. The doctor administered pain medication, but that did not cure the pain. Consequently, the plaintiff had an MRI after returning to his home. The test revealed that his hamstring muscle tore itself off of the bone. The plaintiff sued for personal injuries including medical expenses along with pain and suffering and claimed that the cruise line failed to warn him about the possible danger relating to the wet decks.
The case is governed by maritime law because the ship was at sea when the injury occurred. Under maritime law, cruise ships have a duty to warn passengers of a danger known to the cruise ship that is not open and obvious to the traveler. A cruise ship does not have an obligation to warn passengers about a hazard about which it does not know. Maritime law defines open and obvious as for whether the reasonable person would observe the danger, here the wetness of the deck, and appreciate that the deck was very slippery. The injured person’s subjective view is not relevant. In the Frasca case, the deck was visibly wet, and a thick fog hung over the deck. Puddles of water formed on the deck and the flooring appeared shiny. It seems that under those circumstances that the ship would win the case because the atmospheric conditions quite clearly show that the deck was slippery. Therefore the reasonable person would be aware that he could fall on the wet decking without first being warned by the cruise ship.
The plaintiff proved that the defendant’s decks were unreasonably wet and therefore dangerous. The defendant cruise line broadcast a video at the commencement of the voyage that warned about slippery decks. The defendant knew about previous cases of passengers slipping and falling. That means they were aware of the danger. The court decided that they should have warned the passengers exactly how slippery the deck was and the risk of injury they presented.
South Florida’s Top Personal Injury Law Firm Is Ready To Help You With Your Cruise Ship Injury Case
Let South Florida’s Top law firm – as voted by the Miami Herald – Greenberg, Stone, & Urbano, represent you or your loved one for injuries or wrongful death caused by a cruise line’s negligence. The attorneys at Greenberg, Stone, and & Urbano have over 130 years of combined legal experience at your service. They will fight to help you maximize your chances of receiving the compensation you deserve. Call the South Florida Cruise Ship injury attorneys at Greenberg, Stone, & Urbano – an AV-rated firm by Martindale-Hubbell – today at (888)-499-9700 or (305) 595-2400 to schedule your free consultation.