Cruises have always been a popular and easy way for families to vacation and spend time together. But as cruises are becoming more popular, so have lawsuits against some cruise lines. Cruise lines have been all over the news after the luxury Costa Concordia capsized off the coast of Italy, resulting in 11 people dying and 29 still missing. 70 passengers have already formed a class action lawsuit hoping to get at least $10,000 Euros a person, analysts estimate the cost of claims to end up being around $500 million.
Last week a Celebrity Cruise was forced to turn back around to South Carolina during a trip to the Caribbean after over 400 passengers were contaminated with the Norovirus, that causes nausea and vomiting and in serious cases severe dehydration and even death.
Last year in May, a lawsuit was filed against Celebrity Cruises after a father of eight, from Orleans, Massachusetts died after contracting Norovirus. His family claims he did not receive the correct medical attention and died as a result of Celebrity Cruise Lines negligence.
One of the more common injuries that take place on cruise lines is slip and fall accidents. Just last week, on January 26th 2012, a suit was filed against Carnival Cruises. A passenger traveling aboard the Carnival Dream Cruise Ship alleged he slipped and fell on the Disco Dance floor after falling on broken glass from a spilled drink.
Just last year, Denise Kaba sued Carnival Cruises after she slipped and fell by the side of a pool on the Carnival Pride in 2009. She sustained a fractured knee cap and had to have six surgeries including a knee replacement. In this case, Carnival had prior notice of accidents on this type of dangerous surface around the pool; Kaba was awarded $2,998,155.70, which included lost earning capacity, medical expenses, pain and suffering, mental anguish and permanent disfigurement.
A lot of factors go into bringing a claim against a cruise line. After buying a ticket from a cruise line, there is an agreement by the passenger to follow the rules and regulations that each cruise sets out. When bringing a claim against a cruise line, most have a timing requirement, making the passenger give advanced notice that they will be seeking compensation; the notice must usually be given within six months. Most cruise lines also require the passenger to file suit within one year of having been injured and may even require all claims to be made in a certain state.
The passengers must prove that although they assumed some risk by taking the cruise, the cruise line is legally responsible for the accident, that they knew or should have know of the danger and failed to alert the passengers. If a passenger is thinking about filing suit they must keep applicable receipts, request your shipboard medical records before you leave the ship and keep any other medical records or documents.
At Sheff Law we understand how cruse line limitations and deadlines can affect recovery. If you or a loved one has been injured in a cruise line related accident call an experienced Boston attorney at Sheff Law at 617-227-7000 or 888-423-4477 (toll free) to schedule a free of charge initial consultation.
