Fort Lauderdale Cruise Ship Accidents
Serving passengers injured on cruises departing Port Everglades
What happens if you suffer an injury on a cruise ship? In most personal injury claims, you can bring a lawsuit in state court against a negligent party who caused you harm. But when the incident that injured you happened on the water, things become more complicated. If you were on a cruise and suffered an injury, you need a Fort Lauderdale cruise ship accident lawyer. Our attorneys help victims injured after taking a cruise that departed from Port Everglades. When it comes to maritime injuries, you need a lawyer who knows how these claims work, and who is ready to fight for you from day one. Call Hickey Law Firm to speak to a maritime law specialist today.
WAS A LAWYER FOR THE CRUISE LINES. NOW A LAWYER FOR YOU ®
Frequently Asked Questions
- Fort Lauderdale cruise ship accident lawyers for Port Everglades passengers
- Cruise ship injury risks for older passengers
- Applying the “apparent agency” doctrine to shore excursion accidents
- Tender boat transfer injuries
- Medical negligence on cruise ships
- Preserving critical evidence after a cruise ship injury
- Why choose Hickey Law Firm for a cruise ship injury case
- FAQs for Fort Lauderdale cruise ship injury claims
- Speak with a Fort Lauderdale cruise ship accident lawyer
Fort Lauderdale cruise ship accident lawyers for Port Everglades passengers
Port Everglades in Fort Lauderdale is one of the busiest cruise ports in the United States. Some of the major cruise lines sailing from this port include:
- Princess Cruises
- Holland America Line
- Celebrity Cruises
- Royal Caribbean International
Many ships departing Port Everglades target premium cruise markets, with longer itineraries, and older passengers on average. Unfortunately, when safety hazards occur on board, older passengers may suffer far more severe injuries.
WHEN PEOPLE NEED A SPECIALIST IN LIFE CHANGING INJURIES,
PEOPLE CHOOSE HICKEY LAW FIRM.
Cruise ship injury risks for older passengers
Cruise lines like Holland America and Celebrity Cruises market heavily to retirees and older travelers. This demographic may be more likely to suffer severe injuries from accidents like slip and falls. On average, older passengers are more vulnerable to:
- Head trauma from falls
- Spinal injuries
- Long recovery times
- Complications from surgery
Cruise lines must take these risks into account when designing and maintaining passenger areas. Failing to maintain reasonably safe spaces can result in severe injuries on board.
Applying the “apparent agency” doctrine to shore excursion accidents
Cruise passengers often enjoy excursions off the main ship. Whether it’s scuba diving, parasailing, or an island tour, these activities come with risks as well. Cruise lines often attempt to avoid liability for injuries that occur during excursions. The argument from cruise lines is often that excursion operators are independent contractors. Unlike the vicarious liability that cruise lines may have when their employees cause injuries, they argue that they cannot be held responsible for the actions or negligence of an independent contractor. However, courts may reject that defense when the cruise line engages in certain actions related to the excursion, including:
- Selling the excursion through its website or onboard desk
- Marketing the excursion as safe or vetted
- Allowing the use of the cruise line’s branding or logos
- Encouraging passengers to book the excursion directly through the ship
If you sustained an injury during an excursion where the cruise line held the excursion operator out as its agent, we could argue for potential liability. Potential causes of excursion accidents could include:
- Poor vessel maintenance
- Overloading of passengers
- Lack of safety equipment
- Inexperienced operators
Any of the above could be an indication of negligence. It’s important to have a maritime law attorney look into possible liability.
Tender boat transfer injuries
Cruise lines often use tender boats when in areas where ships cannot dock directly at a port. When using a tender, passengers must step from the cruise ship onto a smaller boat. Both vessels could be moving with the waves, making it somewhat difficult for passengers to safely transfer between them.
Some common hazards involving tender boats include:
- Gaps between the vessels where passengers may fall into the water
- Unstable steps that could lead to a person falling overboard or down stairs
- Sudden movement from ocean swells
If a person sustains injuries in a tender boat accident, the court may look at whether crew members provided adequate physical assistance (sometimes referred to as the “steadying hand” principle) pursuant to the maritime duty of reasonable care.
Courts may find negligence when crew members fail to assist elderly passengers, misjudge wave timing, or allow overcrowding during transfers.
Medical negligence on cruise ships
Historically, cruise lines would argue that they were shielded from liability for the medical negligence of onboard doctors. That changed with a 2014 decision finding that cruise lines may be held responsible for medical negligence committed by onboard doctors and nurses. This important development gives options to those harmed by negligent medical care while on a cruise. Medical negligence can result in severe injuries, costly medical bills, and in tragic cases, death.
A few examples of shipboard medical negligence include:
- The misdiagnosis of a heart attack or stroke
- Delayed treatment for internal injuries from a fall or other impact
- Improper medication administration
If a passenger sustains injuries from medical negligence while on a cruise, they need to speak to an attorney about their legal options. We can help victims and their families pursue accountability for that harm.
MAKING OUR WORLD SAFER ONE CASE AT A TIME ®
Preserving critical evidence after a cruise ship injury
If an injury takes place on a cruise ship, the cruise line will inevitably control much of the evidence. After an onboard accident, you may want to obtain materials, speak to witnesses, including crew members, or access security footage. All of this evidence is in the hands of the cruise line you are trying to sue. It’s important that passengers take steps to protect their claim by:
- Seeking medical care immediately
- Requesting a copy of medical treatment records and ship medical log entries
- Taking a video of the hazard that led to the accident
- Photographing your injuries
- Collecting witness names and contact information
Also, remember what to avoid doing in the aftermath of a cruise ship injury. Do not provide recorded statements to cruise line security. Also, avoid signing incident reports or liability waivers before speaking with a Fort Lauderdale cruise ship attorney.
Why choose Hickey Law Firm for a cruise ship injury case
At Hickey Law Firm, our team is uniquely qualified to handle claims against cruise lines. Jack Hickey, our founding attorney, is the only triple Board-Certified (Admiralty, Civil Trial, and National Trial) attorney in Florida who represents injury victims in litigation against cruise lines.
For 20 years, Jack represented cruise lines in defense claims before he switched to exclusively representing individuals who suffer injuries on cruises. This background means that Jack has a great deal of insight into cruise line defense strategies.
Additionally, at Hickey Law Firm, all of our lawyers focus on maritime law. We’ve been successful when it comes to representing cruise injury victims in federal court. In fact, we’re the only firm that won two trials in federal court against cruise lines in the last two years.
When you or a loved one is injured on a cruise ship, you need a maritime law firm with the experience to fight back against the cruise line. At Hickey Law Firm, we’re ready to take on that fight.
FAQs for Fort Lauderdale cruise ship injury claims
If you suffered injuries on a cruise ship, you probably have a lot of questions. While your best bet is to speak to us so we can advise you on your specific case, here are some basic answers to a few questions we often hear.
How long do I have to file a cruise ship injury claim?
Importantly, you often have less time to file your cruise ship accident claim than you would have to file a personal injury claim in Florida. Many cruise ticket contracts require that you provide written notice of the claim within six months and file any lawsuit within one year of the injury. Deadlines in cruise ship injury cases are strict. You can’t put off taking action and hope for the best. It’s critical that you speak with a Fort Lauderdale cruise ship injury lawyer as soon as possible.
Where do I need to file if my cruise leaves from Fort Lauderdale?
In many cases, you’ll need to file your case in the U.S. District Court for the Southern District of Florida (Miami). The proper venue isn’t necessarily the location you left from. Even if your ship disembarked from Port Everglades, your passenger ticket contract will likely control the venue. This often means that you will be required to file suit in federal court in Miami. To determine if this is true in your case, look for the forum-selection clause in your ticket, or give us a call.
Can I sue the cruise line if the ship’s doctor or nurse made my injuries worse?
You might be able to, but it will depend on specific facts relevant to your case. If the ship's medical staff misdiagnosed your condition, delayed treatment, or provided negligent treatment that worsened your injuries, you should have a maritime attorney take a look at the facts and evidence as soon as possible.
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Your Florida maritime injury law firm
Speak with a Fort Lauderdale cruise ship accident lawyer
Our lawyers offer free consultations for passengers injured on cruises departing Port Everglades. If you or a loved one was injured while on a cruise or a cruise-sponsored excursion, you need a legal advocate who can step in and start working to get you compensation. Call us today or fill out our contact form to get in touch with an experienced Fort Lauderdale cruise ship accident lawyer.