Author: Michael Ehline

Are Cruise Ships Giving Your Family Grief?

Only 17% to 25% of the fallen passengers survive. Some laws, like the Cruise Vessel Safety Act, protect passengers; however, when passengers are on board the ship and fall overboard or become victims of a crime, the reality is much different than expected. Below, the top cruise ship lawyer in Los Angeles, Michael Ehline, explains everything you and your loved ones must know.

Samantha Broberg: A Case Study on Intoxication on a Cruise

Samantha Broberg boarded a Carnival cruise ship in Galveston on May 12, 2016. After having 19 drinks onboard the cruise ship, Samantha headed to the 3.5-foot railing after her drinks at the bar and sat there for a moment before she fell into the Gulf of Mexico. The next day, her friends on the cruise ship reported to the relevant cruise ship authorities that Samantha had disappeared.

Cruise passengers helped search for Samantha on the cruise ship, but she was never found. The captain reported the incident to the Coast Guard 15 hours after Samantha had disappeared; the Coast Guard instructed the cruise ship to move forward as Samantha would’ve been dead by now. Her husband went on to sue the Carnival Cruise Line for such a delayed response. The federal judge ruled that the cruise line was not responsible for Samantha’s disappearance.

This is one of many disappearance cases, and although cruise ships are much safer than other modes of travel, the regulations and standards for the cruise industry remain opaque.

Statistics: How Many Fall Overboard on Cruise Ships?

From 2000 to 2016, within a span of 16 years, there were 270 fall-overboard cases reported by the cruise companies, with 2015 seeing the highest number of fall-overboard cases – 27. The Cruise Lines International Association argues that the increase in the number of sea travel passengers has resulted in a spike in falling overboard cases.

However, the concerning bit is that crew members on many cruise ships, or cruise ship workers, do not report overboard cases, resulting in a presumably low count. The cases might be more than what we all believe them to be.

Upon further research, investigators found that just under half the number of overboard accidents happen on Carnival Cruise Lines, with Royal Caribbean following in a close second. More than 20% of the people die during their rescue, while 60% of the surviving passengers die a few minutes after getting rescued.

How Do Passengers Fall Overboard on a Cruise Ship?

An investigative report explored the details of overboard incidents. This helped people find out how passengers end up going overboard.

The study found the following as the common reasons behind such cases:

• Suicide
• Drunkenness
• Foul play.

Although these three reasons are the main factors resulting in overboard cases, there have been other reasons why people fall overboard. There was a man overboard incident where a person stood on a table while the cruise was at its full speed.

His table rocked, and that person fell over the very low railings, throwing the man overboard. This is just one of many man-overboard incidents involving someone thrown from a moving vessel at sea under steam.

Intoxication was a massive factor for a woman suing a cruise line for allowing her to drink to the point where she got intoxicated and fell aboard. She even filed damages against the company for taking a considerable time to rescue her.

There are many reasons for passengers falling overboard, and the Safety Act is there to ensure passenger protection from cruise companies.

Short Time for a Cruise Line to Rescue Fallen Passengers

The high seas are a dangerous place to fall overboard, especially when ship owners and other passengers are unaware of the passenger disappearances. They are realizing that being too late considerably decreases the chances of a fallen overboard passenger, with many ships refusing to turn around to conduct a search operation. The vast majority of the cases involve the late realization of a missing passenger who falls overboard.

The deadly sea gulps them down if the ship does not get to the fellow passenger who has fallen overboard. At times, with lower seawater temperatures, hypothermia kicks in, while deadly sharks are in danger in warm waters.

Only 17% to 25% of the fallen passengers make it out alive and live to tell their tales. Having the right safety equipment and technology can set off an alarm and save the passengers before it’s too late, thus increasing the percentage of surviving passengers.

“Falling Overboard Is an Act of Recklessness” – Cruise Lines

Cruise lines argue that even having safety rails to the required height according to the Safety Act has not stopped passengers from falling overboard. They said that passengers who get drunk or act wild or carelessly are the only reason for overboard cases on a cruise ship.

However, the industry is slow to adopt any technology that detects falling passengers or those who disregard such incidents. The public also shrugs the issue aside when they hear about passengers falling overboard, blaming it on the passenger being reckless. This attitude and the negligence on behalf of the shipping industry have resulted in such overboard incidents where cruise lines argue that they are unaccountable.

Such arguments don’t make sense if you consider how air travel and the air industry have extreme security and safety protocols in place to protect their passengers. Although the chances of a plane crashing in the sea are very low, airlines must demonstrate safety protocols before the flight and have life jackets under each seat in case of such incidents.

When a cruise ship blames the incident on the overboard passenger stating that it was the reckless actions of the passenger that led to such an incident, they mean that nothing can be done now. Carnival Cruise Line has argued that they can’t predict passengers who act recklessly or in intentional incidents, so it’s not fair that ship owners get blamed for such events.

Man Overboard Systems Can Save Lives

Having a crew member trained to follow the Cruise Vessel Security and Safety Act is a way to ensure the protection of passengers; however, having the latest technology can help save more lives.

If a person falls overboard, cruise ships only stop and return to the spot after the passenger gets reported missing. In many cases, the missing passenger gets reported to the crew’s cabin when it’s too late. A reported missing passenger fuels a search investigation on the ship first, and if the person is not found, the ship reports the incident to the Coast Guard. This results in a lot of delays causing loss of lives.

Ensuring the best technology to detect falling passengers and raising the alarm can eliminate the response time and save the passenger there and then. However, such technologies are not yet implemented on a ship. They have systems that remove the need for crew members on watch duty to watch surveillance footage monitoring thousands of passengers.

Carnival Cruise Lines was asked why its ships did not have man overboard systems, to which the cruise line responded that the systems were unreliable and not advanced enough for use. However, there is a glimmer of hope for the industry and the passengers as other companies have started to implement advanced man overboard systems, which have shown positive results.

Ehline Law – Los Angeles Cruise Ship Attorneys You Can Trust

Ehline Law and our group of Los Angeles cruise ship attorneys have substantial experience holding cruise lines responsible for negligent acts, crimes, and the inability to follow the safety act. We have won many cases against cruise lines, recovering millions for our clients.

If you’ve gotten hurt on a cruise ship or your loved one has fallen overboard, you might have a legal case against the cruise ship. We are here to understand your case, collect relevant evidence, and hold the shipping company responsible.

Let us help you in these dark times by punishing the cruise line and getting you compensation for your loss! Contact us at (213) 596-9642 and get a free consultation with our Los Angeles cruise ship attorneys. You can also use our website form to talk over text or email.

When embarking on a thrilling sea journey, particularly with Saga Cruises Spirit of Discovery across the majestic Bay of Biscay, we envision only exceptional experiences. But, when a catastrophe like a storm hits, transforming holiday pleasure into a nightmare, the voyage suddenly demands more than just a pause. The cruise ship accident before returning on November 6, 2023, is an unfortunate reminder of such circumstances, demanding our serious attention. 

“Navigating the legal waters can be as intimidating as the storm itself; whilst you grapple with the aftermath, Ehline Law joins the journey, offering indispensable support. If you’ve been a victim, like passenger Jan Bendall, it’s crucial you seek the right legal advice.” – Michael P. Ehline, Marine Law Expert

We want to guide you through the process, explaining how Ehline Law can be your compass in navigating these dangerous legal waters. Whether you’re a passenger, like Ms. Bendall, or a crew member, you may be entitled to compensation for negligence or breach of duty of care. We will also delve into whether the rights to claim damages are the same for passengers and employees of the cruise, delivering clarity amid chaos. 

Understanding the Legal Landscape 

When it comes to the law surrounding maritime incidents, the waters can seem murky, and those entrapped may find themselves out of depth. Ehline Law, with its extensive experience in handling cruise ship accident cases, will be right there with you – parting the sea of legal jargon and complex processes. 

The pivotal question arises: do passengers and employees have the same claims for damages? The answer, unfortunately, isn’t straightforward “yes” or “no.” Differences in circumstances, jurisdictions, and contractual agreements can significantly impact the nature and amount of potential compensation. 

Sail Through Legal Complexities With Ehline Law 

Ehline Law has a firm grasp on the helm when navigating through the turbulent waters of cruise ship accident lawsuits. This is true for cases like the tragic mishap on Saga Cruises Spirit of Discovery, which returned on November 6, 2023, after enduring a horrendous storm in the Bay of Biscay. 

The Challenging Journey of Jan Bendall: A Victim’s Tale 

Amongst the distressed passengers was Jan Bendall, whose tale underscores the harrowing experiences that individuals often survive on such disastrous voyages. Bendall, who came on board it comes to handling the tumultuous waters of cruise ship accident claims. The firm’s extensive experience, depth of legal knowledge, and tenacious advocacy shine through, especially when you’re grappling with the aftereffects of an accident as devastating as the recent Saga Cruises Spirit of Discovery in the Bay of Biscay. Amidst the storm, passengers fought for survival and, later, for justice. Ehline Law navigates these rough waters, understanding the human emotions and legal intricacies entwined within these ordeals. 

Distinguishing Passenger and Employee Claims 

Before delving into various possible claims, it is imperative to delineate between passenger and employee claims. Although both stem from the same incident, the laws governing their rights & compensation claims differ significantly. Getting injured on a cruise ship can be a real headache, whether a passenger or an employee. But did you know that the laws for filing injury claims differ significantly? 

Yes, that’s right! There’s a whole world of difference in how the law treats these two distinct parties. It boils down to a critical aspect: the relationship with the cruise company. Passengers are considered customers, while employees fall under maritime workers. But let’s not get too ahead of ourselves. We’ll explore that in detail as we go. 

Understanding the differences between a cruise ship employee claim for injuries and a passenger injury statute is crucial when navigating your rights at sea.

• Passenger Injury Claims: These are generally governed by the ticket contract, international maritime law, and the law of the flag state (i.e., the country where the ship is registered). Passengers on the tragic cruise of November 6, 2023, may seek financial relief for various damages such as medical costs, lost wages, pain, suffering, and emotional distress. A precise understanding of maritime law is required to determine the extent of compensation viable under such circumstances. 
• Employee Injury Claims Are typically protected under the Jones Act (for U.S.-based employees) or other international maritime labor conventions that provide a higher level of protection for seafarers. Cruise ship employees pose a unique set of circumstances. Working as a crew member often comes with particular hazards and risks. Caught between their roles as employees and service providers, crew members have unique challenges when pursuing legal claims for injuries incurred on board. Let Ehline Law demystify this path for you. 

Now, let’s dig deeper into these differences and figure out the ins and outs for each category so that you are well-equipped for such a situation during your cruise ship journey or employment.

Jones Act?

The Saga Cruises Incident: A Cautionary Tale 

On November 6, 2023, the cruise liner Spirit of Discovery by Saga Cruises returned from the Bay of Biscay after a tumultuous journey marred by a disastrous storm. Passengers and crew aboard lived the nightmare, but passenger Jan Bendall’s plight stood out. Now, even after reaching safe shores, she’s caught in another storm – a legal one.

Navigating Legal Waters with Ehline Law 

Facing a legal battle can be a challenging prospect, particularly for victims of a traumatic cruise ship accident. Ehline Law steps in at this juncture to ensure that victims’ rights like Bendall’s are duly acknowledged and respected. We help you understand the complexities of maritime law, create solid cases, and fight tirelessly to ensure you receive due compensation. 

Leveraging the Passenger Contract 

You might not realize it, but when you buy a cruise ticket, you enter into a legally binding contract with the cruise company. This ticket contract outlines the rights and responsibilities of both parties. Often, these contracts contain clauses that dictate how and where any claims must be filed. But don’t worry! Ehline Law is here to help you understand these contracts and harness their power to stake your claim.

The Jones Act: A Key Factor for Employee Claims

Understanding the intricacies of the Jones Act is crucial when discussing employee claims in the cruise ship industry. The Jones Act is a federal law providing legal recourse for seafarers dealing with on-the-job injuries or illnesses. If an employee becomes injured while on a ship, the Jones Act allows that person to file a lawsuit against their employer if they believe that negligence from the employer was a factor in the injury. 

The critical aspect is that the Jones Act is exclusively for employees, not passengers. But why, you might ask? That’s simply because the parameters of the work environment for cruise ship employees are entirely different from the environment that passengers experience. 

Differentiated Accountability and Responsibilities 

In a cruise ship environment, employees are constantly on duty and engaged in multiple activities that might increase the chances of harm or injury. These inherent job-related risks make the Jones Act a necessary provision. On the other hand, passengers aren’t subjected to these same occupational hazards since they are onboard simply for leisure or travel. Therefore, common carrier laws typically govern cruise operators’ responsibility towards their passengers. 

Claim Process: A Distinct Difference 

Moreover, the claim process significantly differs between employee and passenger injury claims. Employees who claim under the Jones Act can sue their employer directly. The burden of proof is lighter for these employees; if they can show that the employer’s negligence played even the slightest part in their injury, they could win their case. 

However, passengers don’t have the same legal foundation. For an injury claim from a passenger, the cruise ship company strictly adheres to the terms stated in the ticket contract, and the passenger must provide substantial evidence proving negligence on the cruise line’s part. It can be more demanding and challenging than the one cruise ship employees go through. 

The Jones Act sets a different employee claim process that reflects their unique working conditions and risks. This act enables cruise ship workers to assert their rights and safeguards their welfare in a high-risk environment. Conversely, passenger injury claims follow a different legal path, governed more by the principles of common carrier laws and the stipulations outlined in ticket contracts. Thus, passengers’ and employees’ rights, responsibilities, and legal recourse differ despite being on the same vessel.

Understanding Employee Rights 

For those who work aboard a cruise ship, their claims are governed by a different set of rules. Employees have rights protected by various maritime laws, such as the Jones Act. Like passengers, employees also have the right to compensation for any injuries. However, establishing fault and proving negligence in these cases can be complex. Thankfully, with Ehline Law at your side, you can rest easy knowing that your rights are safe. 

Never Alone, with Ehline 

Whether you’re a passenger or an employee, navigating these legal waters alone can be daunting. But remember, you’re never alone when you have Ehline Law by your side. We pride ourselves on our approach, maritime expertise, and unwavering determination to secure justice for our clients. Ehline Law is your steadfast legal ally on smooth seas or stormy waters.

Understanding Crew Members’ Unique Position in Claims 

Aboard a cruise, crew members navigate more than just the ship’s deck. They wade through complex legal waters, balancing employee rights with international maritime laws. Ehline Law, equipped with years of marine law expertise, is the sailing mate you need in such choppy waters. Here, all parties could argue mechanical failure due to a defective Man Overboard System or that the Captain was negligent for not anticipating a sudden stop in rough seas.

Crew members often spend more time on the ship than passengers, increasing their exposure to potential hazards. From long working hours and rigorous physical labor to the unique psychological pressures of spending many months at sea, the working conditions are markedly different from the short-term vacation experience of passengers. This is why the chances of potential accidents or injuries increase in a challenging environment like that of a cruise ship. Therefore, the legal implications can become quite complex when something goes awry. For instance, workman’s compensation laws on land may not apply at sea. This is where maritime law comes in, a unique legal area that covers a range of incidents and accidents that may occur on the water. 

At Ehline Law, we possess an in-depth understanding of maritime and land-based laws. Our competent team of lawyers is equipped to provide legal advice and assistance in such situations and help crew members pursue rightful compensation. We gather and analyze the requisite evidence, interact with the cruise line’s insurance and legal teams, and provide robust representation in court if needed—our goal for her suffering and trauma. 

Medical Treatment and Benefits: Employees vs. Passengers

Let’s dive into the differences in medical treatment and benefits for cruise ship employees and passengers. It’s important to understand that these two groups have distinct rights and privileges when dealing with injuries on board. 

Medical Treatment for Employees 

Whenever a cruise ship employee is injured, they are eligible for medical treatment under the Jones Act. This federal statute permits maritime workers to seek compensation for injuries at sea. This means the cruise ship company is liable to cover all medical costs until the employee reaches “maximum medical cure” or MMC. 

The term MMC here refers to the point at which the employee’s condition cannot be further improved with medical treatment. Until then, the company is bound to cover costs related to doctor visits, surgeries, medications, physical therapy, and even travel expenses for treatment. 

Medical Treatment for Passengers 

Unlike the Jones Act for employees, passengers are typically protected by general maritime law. If a passenger gets injured, they can seek compensation from the cruise line only if they can prove negligence by the cruise company. So, for instance, if a passenger slips and falls due to a wet staircase that was not marked as hazardous by the ship’s crew, the passenger could file a claim against the cruise line. However, proving this negligence isn’t always easy; claims can be complex and time-consuming. 

Different Benefits for Employees and Passengers 

While employees and passengers can seek compensation for injuries, their benefits are markedly different. 

Compensation: A Right, Not a Privilege 

It is crucial to remember that obtaining compensation is not a privilege but a right for victims of accidents, whether you are a passenger or a crew member. In the case of Jan Bendall and countless others, Ehline Law has worked relentlessly to enforce this right. We believe in offering effective legal services and moral support to victims during these challenging times. 

Our team provides comprehensive legal assistance, from filing the case, providing compelling arguments, and negotiating settlements to ensuring that the victim is financially and medically secure during this period. We seamlessly guide you through the complex legal labyrinth, ensuring the best possible outcome.

In the aftermath of the Saga Cruises Spirit of Discovery tragedy, passengers and crew alike are left to navigate the frightening legal waters of pursuing compensation. The complexities of the laws governing these cases mean that you, as an individual, may feel daunted by the process that lies ahead. This is where Ehline Law gladly steps in. 

With Ehline Law at your helm, our focus is securing just compensation for you while providing a compassionate, supportive presence throughout your case. Our legal team offers step-by-step guidance, lessening the daunting legal process. You don’t have to do it alone. 

Consider the story of passenger Jan Bendall. This experience illuminates the intricate path victims must tread for justice after such a sea tragedy. The complicated journey toward justice for maritime accident victims requires astute attention to the fine details of each case. 

Like Jan Bendall, all passengers holding claims can seek compensation. Similarly, employees and crew members can pursue damages, albeit their claims have unique peculiarities. You must know your passenger or employee position to craft the most compelling case. When dealing with a potential claim against a cruise line (be it as an employee or a passenger), it’s always advisable to seek counsel from a knowledgeable maritime attorney. Deep understanding and appropriate navigation of the intricate and nuanced maritime laws will be invaluable in ensuring your rights are upheld. 

While both passengers and employees may be injured aboard a cruise ship, the processes for claiming compensation and the responsibilities of the cruise line can significantly shift depending on the injured party’s status. Thus, knowledge of these differences is essential for a successful claim pursuit.

Remember, in such distressing events, obtaining compensation is not a case of seeking a privilege — it is a right. With Ehline Law by your side, we help you turn this right into a reality by providing custom-tailored legal solutions depending upon your unique, individual circumstances. Contact us today to learn more.

• Cruise ship companies must ensure their passengers’ and employees’ safety and well-being.

On the heels of several viral videos on social media of cruise ships crashing into docks and people falling into the sea, it appears it’s time to untangle the confusing web of liability for cruise ship dock crashing, trapping, crushing, and drowning incidents, especially with smaller vessels.

Cruise ship vacations are supposed to give passengers rest, relaxation, adventure, and exploration. But transportation accidents can occur, and unlike a car accident, falling in the water will almost always lead to serious injuries or wrongful death. Some companies are worse than others, so prepare for the worse. If so, victims must know what laws apply and the required steps to getting paid the maximum financial compensation.

In this comprehensive guide, Michael Ehline and Florida attorney Louis Holzberg discuss cruise types of ship collision accidents and what all this means. These legal experts will also discuss how liability is determined for crew members, bystanders, and passengers. This ultimate guide also covers compensation options available to victims. Last, we discuss the unique challenges of cruise ship excursions and why hiring a lawyer is so important.

“Pinch Point” Accident?

The maritime term for a person trapped between a ship and the dock is a “pinch point” accident. A typical pinch point incident involves a crew member or dockworker falling, getting trapped, and getting their internal organs crushed as the vessels move with the tides and waves, crushing victims between a dock or pier.

These accidents can result in serious injuries or fatalities occurring on the waterborne vehicle known as a cruise liner. Cold water alone can damage cells, damage an artery, and result in accelerated loss of body fluid as the body goes into shock after falling into the water. The bottom line is that getting crushed and frozen can harm every lymph, route, or vein containing cells or conveying blood or other body fluid from your head to your toes. Your entire anatomy can be damaged. The ship driver or captain needs to conduct more than just an inspection of the boat, for example.

The captain must pay attention and carry out steps to protect others they have conveyed on or offshore with their seagoing vessel or tender boat. The quality of dock safety will vary from port to port, with some ports offering great support. But other times, the shipyard will have virtually no safety precautions at or near the gangplank. Because of this, the captain and crew must take steps to keep passengers, especially kids, away from these pinch points. Avoid pinch points and stay away from ledges while walking along the dockside. Let’s look at some other examples.

Recent Viral Video of Italian “Pinch Point” Accident

A few days ago, on October 3, 2023, in Salerno, Italy, an eight-year-old boy fell into the water and disappeared between a cruise ship and a dock with zero barricades, fencing, gunnels, etc. Local news reports the child’s hand broke free from his dad’s as he ran through the harbor wall.

As he ran, the boy slipped and fell between a gap between the ship’s keel and the dock. (Source). The boy’s father pursued and jumped into the water to save him, but both became trapped, as shown in the embedded photos and images in the container below.

Security guards and bystanders ultimately fished the two victims out with a rope. With dockside safety like this, it’s enough to make every blood vessel in a parent’s body explode. And unlike a car accident or traditional slip and fall case, blame, fault, and damages are not always so cut and dry in a dockside accident- especially overseas. As part of our legal services, we have included the salient points and some secrets the cruise craft industry would rather conceal.

Other Cruise Ship Collisions With Docks in the News

Venice, Italy Reminds Us All of the Threat a Person Could Face

The MSC Opera rammed a riverboat on a congested dock near a busy canal in Venice, Italy. The facts relate there was an engine failure. In this case, we got to see a viral video posted to Twitter, Instagram, and other social media sites. The viral dockside footage showed several passengers fleeing a tourist boat rapidly running down the dock from an oncoming cruise vessel.

Which Princess Ship hit the dock in SF recently?

Princess Cruise said the Ruby Princess hit Pier 27 during a docking attempt, causing damage to both the vessel and the dock. We found some information on social media to help improve your understanding of how a ship can pinch someone trapped between the boat and a hard place.

What is the Biggest Cruise Ship Crash into a Pier?

The most enormous passenger ship crash happened at a shipyard in the Caribbean. After entering Falmouth, the vessel Jamaica Harmony reportedly hit the jetty. Guests shouted as longboat concrete smashed into the ship’s sterns.

How Many Cruise Ships Have Sunk in Port or Dockside?

There are no accurate numbers on dock sinking versus sinking at sea. (Here are some of the most significant accidents at ports.) Based on our research, there is not a massive record of cruise ships sinking at port or docked. Cruise ships will typically remain stable inside a port, often have a tugboat escort, and use special keel/hull thrusters and other modern safety measures to help with stability and safe navigation.

One well-known grounding incident outside of a port involved the Costa Concordia. The facts show that back in January 2012, the ship ran aground and partially sank near Giglio, Italy, after hitting rocks. So, this at least gives an idea about partial sinking damage caused by natural objects. Even though it was low speed, this tragic event killed several passengers and caused significant damage to the ship.

Understanding Cruise Ship Collision Accidents

As noted, cruise ship collisions can range from collisions with other vessels, running aground, to striking submerged obstacles like reefs. These incidents can have severe consequences, resulting in injuries or tragic fatalities.

What is the difference between an ‘Allision’ and a ‘Collision’?

The terms “allision” and “collision” are often used in maritime and legal contexts to describe different types of accidents involving vessels as follows:

Collision:

A “collision” is an accident that occurs when two or more moving vessels, such as ships or boats, come into direct contact and cause damage or injuries to passengers, crew members, or even the environment.

Allision:

An “allision” occurs when a moving vessel collides with a stationary object, such as a pier, dock, bridge, or another fixed structure, running aground and striking underwater hazards like reefs, rocks, or sunken wreckage. An allision can cause substantial damage and endanger passengers and crew.

Common causes may include the following:

• Human error: This includes crew negligence, insufficient training, or fatigue, which can lead to navigation mistakes or lapses in judgment.
• Mechanical failure: Engine problems or malfunctioning navigation systems can contribute to accidents.
• Weather conditions: Adverse weather, such as storms, heavy fog, or strong currents, can impede safe navigation and result in accidents.

Both collisions and allisions are usually caused primarily by human error. In a cruise ship lawsuit, the legal issues could be based on factors like crew or captain negligence, failure to comply with maritime regulations, and the extent of any damages to the victims.

Determining Liability in Cruise Ship Collision Accidents

Assigning liability in cruise ship collision accidents entails a multifaceted assessment, considering factors such as the accident’s cause, passenger contract terms, and applicable maritime laws affecting bystanders or crew.

Oregon and Pennsylvania Rule affects- strict liability concerning cruise ship lawsuits

In the context of cruise ship lawsuits, it’s essential to understand that they are typically governed by federal maritime law, specifically the General Maritime Law of the United States. However, state laws, including strict liability, can significantly impact these cases.

Let’s explore the Oregon and Pennsylvania distinctions:

Oregon:

In Oregon, strict liability principles are often applied in cruise ship lawsuits with injuries caused by defective products or onboard faulty equipment. Oregon’s product liability law may apply if a cruise passenger is injured by a defective product or equipment the cruise line provides.

The cruise line could be held strictly liable for injuries caused by a defective product or equipment.

To prevail, the plaintiff must show that:

1. The product or equipment was defective or unreasonably dangerous
2. The defect caused the injury
3. The product or equipment was used as intended or in a reasonably foreseeable manner.

While cruise lines often include liability waivers in their passenger contracts, they may not defeat strict liability for defective products or equipment under this rule.

Pennsylvania:

Pennsylvania also recognizes strict liability in product liability cases. If a Pennsylvania cruise ship passenger is injured by a defective product or equipment aboard, the cruise line may also be strictly liable.

Noteworthy here is that a passenger injured by another passenger or crew member will still be bound by contract, maritime, or negligence law principles, including those involving intentional torts.

Injured Cruise Ship Employees

A combination of maritime laws and regulations typically covers injured cruise ship employees. The specific rules that apply can depend on various factors, including the cruise ship’s flag state, the employee’s nationality, the terms of their employment contract, and the location of the injury.

Here are some of the critical laws and regulations that may apply:

• Jones Act: The Jones Act, officially known as the Merchant Marine Act of 1920, applies to seamen working on interstate or foreign commerce vessels. It allows injured seamen to sue their employers for negligence if their injuries were caused by the employer’s negligence or the vessel’s unseaworthiness. Cruise ship crew members may be considered seamen under the Jones Act.
• General Maritime Law: General maritime law principles may apply to cruise ship employees. This body of law includes seaworthiness, maintenance, and cure concepts and the shipowner’s duty to provide a safe working environment on a floating steel tube.
• International Maritime Organization (IMO) Regulations: IMO regulations establish safety and environmental standards for ships and can impact cruise ship operations. Crew safety, particularly regarding safety equipment and procedures, is highly influenced to make sea incidents rare.
• International Labor Organization (ILO) Maritime Labor Convention: Also known as the MLC, 2006, this international treaty sets out minimum working and living conditions for seafarers, including cruise ship personnel. (covers labor-related issues, medical care, and repatriation of injured crew members.)
• Flag State Laws: The laws of the country under whose flag the cruise ship is registered (the flag state) typically apply to crew members and vary significantly.
• Employment Contracts: The terms and conditions of individual employment contracts can play a crucial role and will typically specify the jurisdiction and venue to resolve disputes. (Often include draconian compensation and medical treatment provisions.)
• Local Laws: Depending on where the injury occurs (e.g., in an international port), local laws and regulations may also be relevant. These can include labor, workers’ compensation, and personal injury laws of the jurisdiction where the ship is docked.
• Cruise Line Policies: Cruise lines often have internal policies and procedures. These will cover crew member injuries, including access to medical care and compensation.

Laws and regulations may change, so it’s important to consult with the legal professionals at Ehline Law Firm for a free consultation. We try our best to stay current on the latest developments.

Unseaworthiness for Crew Claims- also Strict Liability

Unseaworthiness in Crew Claims:

Unseaworthiness is a fundamental concept in maritime law, particularly in the context of crew claims. Under the doctrine of unseaworthiness, shipowners, and operators have an absolute duty to ensure that the vessel and its equipment are fit for their intended use and reasonably safe for the crew. This means that a ship must be seaworthy, and all equipment on board must be adequately maintained and defects-free.

Unseaworthiness claims can include:

• Unsafe working conditions
• Inadequate training
• Defective equipment
• Improper vessel maintenance.

If a vessel or its equipment is unseaworthy and this condition leads to injury or harm to a crew member, the shipowner can be held strictly liable, meaning that fault or negligence need not be proven.

Strict Liability in Crew Claims:

In the context of crew claims, strict liability often goes hand in hand with the doctrine of unseaworthiness. When a crew member is injured due to unseaworthy conditions or equipment, strict liability means that the shipowner can be held accountable for those injuries without the need to establish negligence. This places a significant burden on shipowners to always maintain their vessels and equipment in a safe and seaworthy condition.

Strict liability ensures that crew members injured can access a legal remedy and compensation, even if the shipowner remains fault or negligence-free. Like Worker’s Compensation, it places the responsibility squarely on the shipowner’s shoulders to maintain safe working conditions and equipment. The captain, as master, must protect the well-being of the crew members. After all, these are essential staff who dedicate their labor to maritime operations. Strict liability promotes safety and accountability within the marine industry. This reinforces the core principle that a seaworthy vessel is necessary for maritime employers.

Injured Cruise Ship Passengers

Injured cruise ship passengers are covered by a combination of laws and regulations that can vary depending on the cruise ship’s location, the passenger’s nationality, the cruise line’s terms and conditions, and the circumstances of the injury.

Here are some of the critical laws and regulations as follows:

• Ticket Contract or Cruise Passenger Contract: When passengers purchase cruise tickets, they enter into a contract with the cruise line that includes terms and conditions. These material terms delineate all parties’ rights, duties, and responsibilities. These will typically spell out the extent of liability, jurisdiction, venue for filing legal disputes, and other limitations. Savvy passengers should try to familiarize themselves with the contract terms.
• General Maritime Law: General maritime law principles often apply to passenger injury cases. For example, in California, a claim against Princess would be governed under California negligence law principles.
• The Athens Convention: The Athens Convention is an international treaty governing the liability of cruise ship operators for passenger injuries and fatalities. It limits liability and requires cruise lines to maintain insurance covering these liabilities for international cruises. Its applicability can vary depending on the case’s specifics, making it essential to speak with a maritime law attorney as soon as possible.
• Jones Act: As noted, the Act mainly applies to crew members. But sometimes, it applies when a passenger gets injured due to the negligence of the ship’s crew. But generally, passengers are not seamen under the Jones Act.
• Local and National Laws: Local and national laws of the country or jurisdiction where the ship is docked, moored, or operating could include personal injury laws, consumer protection laws, and other relevant regulations.
• U.S. Federal Maritime Regulations: For cruises departing from U.S. ports or involving U.S. passengers, the U.S. Federal Maritime Commission (FMC) may have jurisdiction over certain aspects of the cruise industry, including dispute resolution and consumer protection.
• Cruise Line Policies: As noted, cruise lines have policies and procedures for handling passenger injuries, including medical care, compensation, and claims processing.
• International Laws: In international travel cases, international laws and treaties, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), may also come into play.

Injured Bystanders/Dockworkers

These victims include injured bystanders, like police, welders, forklift drivers, and big rig truckers. These individuals got hurt or drowned by a cruise ship in a dock or pinching incident. A combination of laws and regulations typically covers these victims. These depend on the incident’s location, the bystander’s nationality, and the circumstances of the injury or drowning.

Here are some of the fundamental laws and legal principles that may apply:

• General Maritime Law: General maritime law principles can apply to bystander injury cases. These principles include the duty of the vessel driver, or sea lord, to provide a safe and seaworthy vessel. If the cruise ship’s negligence or unseaworthiness contributed to the injury, bystanders may have legal recourse under these principles.
• Local and National Laws: The laws and regulations of the country or jurisdiction where the incident occurred may be applicable. These can include personal injury laws, admiralty laws, and laws related to vessels or tender vehicles operating in harbors and ports.
• Ordinary Negligence: Bystanders injured by a cruise ship may have a legal claim based on negligence. For example, a Port of Long Beach case would likely be handled under California negligence law principles. Here, the dockworker or other victim must show the cruise ship operator or crew acted negligently and that this negligence directly led to the injury.
• International Laws: International laws and treaties may apply in international travel cases. The specific treaties and conventions can vary, but they often address maritime safety, liability, and compensation issues.
• The Athens Convention: The Athens Convention, discussed above, may relate to bystander injuries in certain circumstances.
• Cruise Ship Operator Liability: Cruise ship operators must operate their vessels safely, especially when docking or maneuvering in ports. The operator may be held liable if a cruise ship’s actions or negligence injures bystanders.
• Proximity to the Ship: The legal liability of the cruise ship operator may depend on how close the bystander was to the ship, the circumstances of the incident, and whether any safety protocols were violated. For example, a dockside car accident may not be covered, and most other drivers are probably not cruising employees with liability.
• Local Port and Harbor Regulations: Local police, ports, and harbor authorities may have specific regulations and safety protocols to protect bystanders and sea lanes. Violations of these regulations can be relevant to liability.

Navigating the legal aspects of an injury or drowning incident can be complex. The applicable laws may differ depending on the specifics of the case. Injured bystanders or their families must consult with an experienced maritime law attorney who can assess the details of the incident and determine which laws apply. The humble and aggressive cruise ship accident lawyers at Ehline Law Firm can help guide them through swiftly seeking compensation. Additionally, we are experts at gathering evidence, making a proper accident report, documenting the incident, and assisting clients to seek swift medical attention.

Review: Factors Affecting Liability

• The cause of the accident: A thorough investigation is crucial to pinpointing who or what was responsible.
• Passenger contract terms: The terms and conditions outlined in passenger contracts may stipulate liability limitations.
• Applicable maritime law: Specific laws and regulations govern naval accidents and can influence liability determinations.

Parties Involved in Determining Liability

Several parties could play pivotal roles in determining liability:

• Cruise line company: Responsible for the vessel and its operations. (the cruise line company may bear primary liability.)
• Ship captain and crew: The actions and decisions of the ship’s crew, including the captain, can influence liability.
• Other ships involved in the accident: If multiple vessels are affected, the penalty may be distributed among them.
• Insurance companies: Insurance providers for the cruise line and other parties involved may contribute to compensation.

Compensation for Cruise Ship Collision Accidents

Passengers who suffer injuries or damages during a cruise ship collision accident may be eligible for various forms of compensation, including:

• Medical expenses: Coverage for medical bills related to injuries sustained in the accident.
• Lost wages: Compensation for income lost due to injuries, recovery, or rehabilitation.
• Pain and suffering: Damages for physical and emotional distress experienced due to the accident.
• Emotional distress: Compensation for psychological trauma resulting from the incident.

Shore Excursions and Liability

Cruise ship shore excursions offer exciting opportunities to explore foreign destinations ashore. However, accidents can occur during these activities, introducing complexities regarding liability and compensation.

Understanding Cruise Ship Excursions

Cruise ship excursions are pre-arranged activities provided to passengers while in port. These excursions encompass a wide range of experiences for people. Passengers can take a break, get a boat, and head to shore.

From a Car Accident to Slipping on a Dock

From there, they can sometimes participate in snorkeling and guided tours on a bus, or even a rickshaw, or horse-drawn carriage. Passengers can often book these activities through the cruise line company or independent tour operators. Although not a shore excursion, one recent case involved a boy jumping off a pirate ship tour into shark-infested waters. Our firm struggled to find out who was liable for booking the time and no, it was not real pirates.

Liability for Cruise Ship Excursion Accidents

Liability for accidents during cruise ship excursions depends on many factors that will come into play. If you booked your trek through the cruise line company, they may be liable for your injuries or damages. However, note that if an independent tour operator booked your trip, they might be partially or fully exposed.

Hiring a Cruise Ship Lawyer

Guidance from a cruise ship lawyer is crucial for passengers, crew, and others injured during a cruise ship collision. For most lawyers, this is not their cup of tea. But if you want to receive an award of maximum financial compensation, you’ll need a detail-oriented cruise ship lawyer.

Reasons to Hire a Cruise Ship Lawyer

• Expertise in maritime law: Cruise ship lawyers will possess specialized knowledge in maritime law. This enables them to offer tailored advice for any party or claim under their control.
• Navigating the legal process: The best attorneys will guide injured passengers through the legal intricacies, ensuring a smoother journey toward total and fair compensation.
• Representation in negotiations: Cruise ship lawyers have to be able to advocate on behalf of wounded passengers during negotiations with cruise line companies or insurance providers. Make sure you hire the right lawyers.

What to Look for in a Cruise Ship Lawyer

When hiring a cruise ship lawyer, consider the following factors:

• Specialization in maritime law: Ensure your potential injury attorney has experience in admiralty naval law claims and a deep understanding of international treaties and other obligations you’ll need to learn to win big.
• Experience handling cruise ship cases: Prior experience handling similar cases shows competence in navigating complex legal matters on the high seas. Ehline Law, for example, has not only litigated these cases but has also lobbied Congress for strengthened cruise ship safety laws.
• Proven track record: Assess the lawyer’s history of securing compensation for clients in cruise claims throughout several states. This reflects on the areas of law they practice and their ability to achieve favorable outcomes.

Ultimate Guide To Cruise Ship Dock and Pinch Incidents Summary and Conclusion

In conclusion, cruise ship collision accidents can have far-reaching consequences for passengers, necessitating a clear understanding of liability determination and compensation options. The recent dock accidents in San Francisco and Italy highlight the deadly effects of collisions and allusions.

Recognizing the unique challenges associated with cruise ship vacations and the importance of engaging the right cruise ship lawyer is crucial. By adhering to these guidelines, passengers can ensure they are prepared and protected in a cruise ship collision accident. Michael Ehline is always ready to assist international cruise victims 24/7 at (213) 596-9642. Like and follow him on Twitter here.