Money for Crew Members For Dangerous Conditions Aboard Cruise Ships

by Elias Rudnikas Information for Crew Members

A crew member has the right to receive money compensation from the cruise line if he is injured on the cruise ship because of dangerous or defective conditions aboard the ship. The most common dangerous conditions aboard cruise ships are:

An inadequate crew. Cruise ships are often undermanned. When this occurs, crew members have to work too many hours and do the job of two or three crew members. If a crew member is injured under these circumstances, he has the right to receive money compensation from the cruise line.
Failure to enforce common sense guidelines for the lifting, carrying and pushing of heavy items. Because of the constant work pressure on the cruise ships, the cruise ship companies do not enforce common sense rules for the lifting, carrying, and pushing of heavy items. If a crew member is injured because he was forced to lift, carry, or push heavy items, he has the right to receive money compensation from the cruise line.
Inadequate Cleaning and Maintenance. Frequently, the stairs and floors of the ships are wet, greasy, dirty and slippery. If a crew member is injured because the floor or the stairs are unsafe, he has the right to receive money compensation from the cruise line.
Inadequate Training and Insufficient Hours of Rest. Frequently, crew members do not receive adequate training for the tasks they have to perform, or they are not given enough time to rest between work days. If a crew member is injured because he is not properly trained or because he is exhausted after working too many hours, he has the right to receive money compensation from the cruise line.
Insufficient or Defective Equipment. Frequently, the cruise lines fail to maintain the equipment and tools necessary to do the job. They also fail to buy new equipment when the current equipment is broken or defective. If a crew member is injured because he did not have the proper tools to do his job or the equipment he was using was broken or defective, he has the right to receive money compensation from the cruise line.

Our advice to any crew member that is injured aboard a cruise ship is to consult with a maritime lawyer immediately because his injuries were probably caused by dangerous or defective conditions aboard the ship.

Maritime Claims: What Happens if You Suffer a Cruise Ship Injury

by Elias Rudnikas Information for Passengers

Since the end of the 70’s, cruises have become a very popular vacation for the American middle class. Regrettably, there are a lot of accidents aboard these ships and many passengers suffer very serious cruise ship injuries.
The most typical maritime accidents are:

Slip and Falls and Trip and Falls due to dangerous conditions aboard the ships such as defective floors, and slippery substances on the floors. These accidents can occur inside the cabins, in and around the pools, on the decks, hallways, access ramps, restaurants, bars, etc.
Cruise ship accidents during short excursions
Fires and Maritime Collisions
Poisoning and Sickness due to contaminated food and drink
Negligence in providing medical care when it is required.
Negligence in providing adequate accommodations for handicapped people.
Physical or sexual assaults perpetrated by the crew or other passengers.
Unexplained disappearances
Negligent navigation.

Maritime claims for cruise ship incidents and injuries

Many passengers are not aware that they can receive money compensation for injuries that result from these incidents and accidents on cruise ships. Additionally, they do not know the laws that apply and the location where the lawsuits must be filed. Matters are made more difficult by the fact that most maritime claims have to be filed where the main offices of the cruise company is located. The main offices for most of the main cruise lines that operate in the United States are located in Miami. Therefore, most passenger lawsuits against the cruise lines have to be filed in Miami. As a result of this, most passengers start their maritime lawsuits in Miami after returning to their home states or home countries.

Maritime claims and passengers’ contractual limitations

The passenger ticket is a contract between the passenger and the cruise line.
It contains far more than the itinerary. It imposes severe limitations on a passengers’ ability to file a maritime claim against the company and it must be read very carefully because it will contain all the requirements that must be complied with before a maritime lawsuit can be filed. For example, some companies require written notification of the passenger’s intention to file a lawsuit, and this usually has to be done within six (6) months after the accident.

Maritime claims and statute of limitations

The passenger ticket also contains that statute of limitations. The statute of limitations is the time within which the passenger can file his case against the company. If the passenger does not file the case against the company within the statute of limitations, he will lose all his rights. It is a very short statute of limitations. It is one (1) year from the date of the accident or injury. More passenger cases are lost for failure to comply with the requirements of the ticket and the statute of limitations than for any other reason.
If you suffered cruise ship injuries during your vacation and want to file a maritime lawsuit, please read your passenger ticket carefully and comply with all of its requirements. If for any reason you have lost your ticket, please request a copy of it immediately from the company and comply with all of its requirements. Better yet, contact us– (305) 642-5000 – and we will help you comply with all the requirements and bring your lawsuit to a successful conclusion.

The Hidden Pitfalls Of The Fine Print On Your Cruise Ship Ticket

by Elias Rudnikas Information for Passengers

Though cruise vacations are usually a safe and popular choice for travelers, what is less known is how severely restricted their rights are when something bad happens. In the process of buying a cruise ship ticket, the consumer automatically agrees to a boilerplate contract that limits what can be done to seek redress. And to make matters worse, there’s really no shopping around, all cruise companies use the same type of contract with the same restrictions. After all, no cruise ship company attracts their customers by advertising how much more lenient and generous their boilerplate contracts are compared to the competition. If anything, cruises can get away with this because the vast majority of travelers are unaware of what they are signing, and may be operating under a false sense of security. Even now, the public is unaware of how little protection exists for cruise ship passengers under maritime law.

Can anything be done? Before that question is answered, it is a good idea to take stock of what the fine print specifies. According to maritime lawyer James M. Walker, the choice-of-forum clause is something every potential cruise passenger should be aware of because “you have to file suit in the location specified on the contract on your cruise ship ticket.” In the United States, most cruise ship companies are headquartered in Miami and will specify that a consumer can only sue in Miami, which can be a huge obstacle for passengers who do not live in Florida. Given that cruise ship vacationers often fly to the ports of departure to board their ship, this clause is especially effective in discouraging lawsuits because of the added cost, time, and travel just to file a case.

But even without the choice-of-forum clause, just buying the cruise ship tickets means that you have already agreed to a list of restrictive terms and conditions that prevent legal remuneration. Added Mr. Walker, “So many people call us and tell us they were treated badly on a cruise and 90 percent of the time we have to tell them that because of the terms and conditions of the contract, they don’t have a case.”

One way to deal with legally bulletproof cruise ship contracts is to buy comprehensive travelers insurance that includes coverage for lost luggage as well as emergency medical care. This can be a pricy alternative, but for those who can afford it and want to reduce risk in their cruise ship experience, it can be an option.

However, the legal invincibility of the cruise ship industry may be waning. In the wake of the highly publicized Concordia disaster and the negative publicity stirred up by the breakdown of the Carnival Triumph, cruise companies have finally responded to public outcry by approving a Passengers Bill of Rights. Fortunately, the newly approved guidelines are more than just public relations window dressing, because it is legally enforceable if the cruise company violates it. Among the guaranteed rights are: access to certified medical emergency attention, emergency backup power should the ship’s generator fail, complimentary overnight accommodations if the passenger is forced to stay overnight at an unscheduled port, the right to leave a docked ship if necessities cannot be accessed on board, and much more.

Though this “Passenger Bill of Rights” is not codified under modern maritime law, it is still enforceable because it is now standard for cruise ship contracts when a traveler buys a ticket. The path to true accountability is a long and winding road. But with the weight of public opinion affecting the bottom line, cruise companies will continue to do what is necessary to keep their customers, even if it means giving up their legal invulnerability.

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