Our Miami Cruise Ship Injury Attorneys often find that people who are injured in falls because they trip and fall, the task of proving liability can be difficult because of the difficulty in proving the cause of the fall. Most slip and fall and trip and fall personal injury claims require a careful investigation of the facts and circumstances because lawsuits based on this type of fall accident tend to be fact intensive. When the fall occurs on a cruise ship because of a spilled beverage that is not cleaned up, the motion of the sea, or a bunched up carpet, these complications are exacerbated by special challenges in pursuing personal injury claims that occur on the high seas. A lawsuit recently filed in Miami involving a trip and fall lawsuit filed against Carnival Corp. alleges the cruise company’s negligence caused the fall accident.
The complaint filed by the plaintiff alleged negligence in maintaining flooring caused the fall. The lawsuit indicates that the passenger who filed the suit experienced physical injuries in a fall when he tripped on frayed carpet. This lawsuit like most cruise accidents involving ships that depart out of Miami was filed in U.S. District Court for the Southern District of Florida. The plaintiff’s complaint filed in the lawsuit alleges that the plaintiff tripped on the poorly maintained carpet onboard the Carnival ship Imagination. The plaintiff contended the cruise company was responsible for the injuries the plaintiff incurred because the passenger was not given an adequate warning regarding the existence of the hazardous condition. The lawsuit, which was reported in the Florida Record, reportedly seeks compensatory damages, interests, all legal fees, and any other appropriate relief.
Accidents like this one are fairly common among passengers vacationing on Carnival Cruise lines. Given the enormous number of travelers on Carnival cruise ships, some incidents will occur that are “just an accident.” However, slip and fall and trip and fall accidents during cruises often are caused by action or inaction of the ship’s crew or other individuals or entities. The injury victim can seek compensation for damages against the cruise line if it knew or should have known of the unsafe condition. The task of proving such knowledge can be challenging for several reasons: (1) evidence frequently will disappear; (2) the cruise line will blame the accident on victim inattention; and a crew member with loyalty to the cruise line will prepare the accident report.
These challenges in pursuing a trip and fall claim like the one on board the Imagination are compounded by additional hurdles involved when falls happen during a cruise. While many Miami personal injury lawyers have experience handling trip and fall lawsuits, cruise-related cases are significantly different. The key differences include:
- Application of maritime and admiralty law
- Passengers inadvertently acquiescing to terms and conditions of the contract on the back of the cruise ticket
- Pursuit of case in federal court in Miami without access to a jury trial
- Passenger ticket contract disavowing liability for the acts of members of the crew and ship medical personnel
Our law firm is one of a small number of law firms with the expertise, knowledge, and experience to handle personal injuries on cruise ships. We are well-versed in admiralty law, as well as the provisions favoring cruise companies in typical passenger ticket contracts. Our law firm represents cruise injury victims who suffer injury because of the negligence of cruise lines, crew, and excursion operators. We also represent clients who are victims of criminal acts committed by the crew, other passengers, and those involved in cruise excursions.
Greenberg, Stone, & Urbano: Seeking Maximum Recovery for Damages Sustained Due to Negligence
Our Miami cruise injury lawyers at Greenberg, Stone & Urbano will tenaciously pursue the fullest financial compensation. For over 130 collective years, our firm has assisted accident victims in personal injury and wrongful death actions across South Florida. We seek to obtain compensation for your tangible and intangible damages, including medical bills, lost wages, pain and suffering, and more. Our skill and dedication have earned us an AV rating from Martindale-Hubbell and recognition as one of South Florida’s top firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule your initial consultation.