BIG NEWS AT HICKEY LAW FIRM: Attorney Jack Hickey Now Licensed to Practice in Washington State

John H. (Jack) Hickey is now admitted to practice law in Washington State. Jack is admitted to the Washington State Bar Association which allows practice to all of the state courts in Washington State and to the Western District of Washington which allows practice in the Federal Court in that District, which includes Seattle. Now, we can represent cruise passengers who have been injured on Holland America Line cruise ships. Holland America Line requires passengers who have been injured on its cruises to file suit in the Western District of Washington, the Federal Court in Seattle, Washington. While most cruise injury cases need to be filed in Florida, our firm can now represent those injured on yet another one of the world’s major cruise lines.

Why venue matters in cruise line lawsuits

When passengers purchase tickets for cruises, they are (unknowingly) agreeing to hundreds of terms and conditions for the cruise. These terms and conditions are in the fine print and are only online. Most major cruise lines, including Carnival Cruise Line, Norwegian Cruise Line, Royal Caribbean Cruise Line, Celebrity Cruises, and others require that you file your case in Federal Court in Miami, Florida. Holland America Line requires that injured cruisers file suit in Federal Court in Seattle, Washington.

Hiring a lawyer who can practice in the correct court is essential. If an injured passenger files in the wrong court or “venue,” the court will dismiss the case. Now, those injured on HAL cruises can work directly with Jack Hickey and his team at Hickey Law Firm.

About Holland America Line’s legal requirements

The venue terms in the passenger ticket contract govern where injured passengers are required to file suit. Where the ship was at the time of the incident, which port or ports the ship called at, and where you live generally do NOT affect where suit is required to be filed. Sometimes however the passenger contract ticket can select the venue based on some of those factors. Not all of these venue provisions have been challenged in court. Some have. The passenger needs to consult with the passenger contract ticket (which was in effect at the time of the purchase of the ticket) to determine where to file suit. Or call us and we can tell you.

Holland America Line (HAL) has its headquarters in Seattle, Washington. The luxury cruise line offers long-distance cruises, especially to Alaska and Europe, but also to other locations around the world. The contract for HAL passengers states that anyone who has a claim involving bodily injury, illness, or death that occurred on its cruises must file their case in the U.S. District Court for the Western District of Washington at Seattle.

There are 2 other key requirements. First, you, the injured passenger, must provide to the cruise line notice of the claim “with full particulars” in writing within 6 months or 180 days of the incident.

“Full particulars” we believe is the who, what, when, where, how, and perhaps why of the claim. That is, provide a description of you (name, cabin number if you have it, and some other identifier), name of the ship, date of the incident, approximate time of the incident, location on or off of the ship where the incident occurred, and description of the incident.

This is not a full statement of everything which is required but these are the basics. The fact is that if you reported the incident to some cruise personnel onboard, they investigated the claim on the day it happened. In the course of that investigation, the Safety Officer onboard went to the scene and took photos, he or she interviewed witnesses or at least had the opportunity to interview witnesses, and he or she went to the video room and determined which video feeds saw the incident and the minutes or hour before the incident. That officer then makes a choice about what to preserve. We all know that if they don’t like what they see, they don’t preserve it. So the cruise line is in a much better position to know the real facts and to investigate. But they still require this written notice. Failing to follow the contract terms and time limits can prevent you from being able to bring a claim.

One of the other key requirements in the passenger ticket contract is on the statute of limitations. A “statute of limitations” is the legal phrase meaning time limits within which to file suit. In most passenger contract tickets, that time limit is 1 year. So Holland America Line passengers who are injured are required to file suit in Federal Court in Seattle, Washington within 1 year of the incident.

Call a maritime and cruise line specialist. Maritime law (also called admiralty law) applies to all cases brought for injuries against a cruise line. And maritime law is a different, specialized area of the law.

All of the attorneys at Hickey Law Firm are maritime and cruise line specialists. The lead trial lawyer at Hickey Law Firm, John H. (Jack) Hickey, represented cruise lines for the first 20 years of his career. Hickey is Board Certified in Admiralty and Maritime Law by The Florida Bar. He has served as Chair of the Admiralty Law Committee of The Florida Bar and Chair of the Admiralty Section of the American Association for Justice.

Jack Hickey’s background

Jack Hickey leads all of the case teams at Hickey Law Firm. Hickey has been representing clients in maritime law and cruise ship cases for decades. He is triple Board Certified. Hickey is Board Certified by The Florida Bar in Civil Trial Law and Admiralty and Maritime Law and Board Certified as a Trial Lawyer by the National Board of Trial Advocacy (NBTA). He also spent nearly 20 years as a defense lawyer for cruise lines. As a result, he’s learned their internal processes, defense tactics, and litigation strategies. Now, he represents passengers and crew members injured due to cruise line negligence, unsafe conditions, and assaults.

Having a lawyer with extensive maritime and cruise line experience is a distinct advantage for plaintiffs. By expanding his representation to include cruise lines based in Washington, Hickey is able to bring his wealth of experience to more injured passengers and crew members.

Common injuries and legal claims against cruise lines

Some common injuries that occur on cruise ships include:

• Slip and fall injuries, especially on wet decks or stairways.
• Assaults or sexual assaults, which may involve crew members or passengers.
• Excursion accidents during off-ship activities, like snorkeling or rock climbing.
• Medical negligence, which can occur in the ship’s infirmary.
• Swimming pool, escalator, or onboard activity injuries.

At the Hickey Law Firm, we collaborate with maritime experts and investigators from all over the world. We try to preserve evidence early and give notice to the cruise line. We filed suit. And if need be we take them to trial.

What to do if you’re injured on a cruise

If you were injured on a cruise, remember that you need to act fast. Report the injury immediately to ship security. Be sure to request a copy of the report. Get medical attention onboard and keep records of any treatments. Photograph the injury and, if there was a hazard that led to it, photograph or video that too. Also, be sure to gather information from any witnesses. Get all contact information from the passenger witnesses and take your own photos. The cruise line will not turn these things over to you or us without a court order.

As soon as possible, contact a maritime injury attorney. We can step in and handle communications with insurers and the attorneys for the cruise line. Our team can also evaluate the ticket and your contract and counsel you on the next steps you need to take. From start to finish – including at trial, we are there for you and in your corner.

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