Cruise Ships: The Perfect Vacation or an Accident Waiting to Happen?

November 29, 2021 / 10:09 am

Cruises are advertised as the perfect all-inclusive family vacation – all the fun, all the food, all the time. Cruise ships are a floating paradise – right? As long as everything goes according to plan, cruises can be a great way to vacation. But keeping all those wonderful amenities going and looking out for the welfare of thousands of people contained in a vessel surrounded by the ocean is quite a large responsibility.

Because it is such a challenging undertaking, cruise ships can fall short of doing all they should ensure the safety of passengers. Passenger incidents and accidents have occurred that range from relatively minor to extremely serious – including death.

Located in the city with the busiest cruise port in the world, the Miami law firm of Colson Hicks Eidson has represented many clients injured during cruise ship voyages. Our Florida cruise ship accident attorneys hold cruise ship companies accountable for injuries caused by failure to adequately provide for passenger and crew safety.

What Can Go Wrong on a Cruise Ship

Cruise ships are self-contained floating communities with thousands of people depending on them to provide the necessities they expect and the amenities they were promised. When things go wrong a lot of people can be negatively affected.

Incidents and accidents that happen on cruise ships include:

  • Mechanical issues: Sometimes equipment is not well maintained or inadequate for current use. Fires are not uncommon and can result in power outages. Unexpected bad weather at sea or collisions with underwater objects can damage systems and shut down operations.
  • Illness breakouts: Cruise ships carry and serve a lot of food and gastrointestinal illness breakouts can occur.
  • Crashes/collisions: Cruise ships don’t often sink but when they do it’s usually because they hit something large under the water – like a reef or an iceberg. Cruise ships have also collided with piers and other vessels.
  • Encountering bad weather: When a cruise ship is at sea, unexpected storms can create hazardous circumstances on board.
  • Falls: Slip and fall accidents are the most common cause of personal injuries on a cruise ship. Overboard falls occur but are rare – though often deadly.
  • Drowning: Most cruise ships have multiple onboard swimming pools. But few cruise ship companies have lifeguards on duty at their pools.
  • Crime: Although the incidence of crime on a cruise ship is far less than on land, sexual assault accounts for over 50% of the cruise ship crimes reported to the FBI. Theft is the second most reported crime.

How the Laws Apply to Cruise Ship Accident Injury Claims?

When injuries occur onboard a cruise ship, there are a number of different laws that may govern the determination of responsibility and how those injured can be compensated. The applicable laws depend on where a cruise ship is located when an accident takes place. Cruise ship tickets also govern responsibility in certain situations and how injury claims can be made.

A cruise ship’s distance from land when an accident occurs typically determines the law that will apply to a personal injury claim.

  • When accidents occur within 24 miles of a country’s coastline, that country’s law typically applies.
  • When accidents occur further than 24 miles from any coastline, the law of the country that the cruise ship is registered in applies.

In addition, cruise ship tickets modify otherwise applicable laws in the following ways:

  • Forum selection: Cruise ship companies specify which court and what state passenger lawsuits must be filed in. Many major cruise lines specify lawsuits must be filed in federal court in Miami.
  • Notice requirement: Cruise ships specify the time period that passengers have to file a claim for damages. This period may be different – usually shorter – than allowed by other applicable laws.
  • Liability waiver: Cruise companies attempt to limit their responsibility for injuries that may occur during certain activities available during the cruise.

Resolving the issues in personal injury claims that arise from cruise ship accidents can be a complex process involving the overlap and interplay of many kinds of laws. Knowing international law and how to integrate differing laws to a client’s advantage is crucial to a successful recovery in a cruise ship accident case.

The Florida cruise ship accident lawyers at Colson Hicks Eidson have achieved successful results for clients in cruise ship accident cases. We are a nationally recognized personal injury law firm with over 50 years of litigation experience in national and international matters. Call us at 305-476-7400 to schedule a free consultation or contact us here to discuss your cruise ship accident claim.

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On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

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Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

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Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

MIAMI (November 2, 2023) – Colson Hicks Eidson announced today that it has been named in the 2024 list of The Best Law Firms in America. The Miami-based firm has once again received this honor at both the national and metropolitan level. This follows a recent announcement where seven of the firm’s attorneys were named as Best Lawyers in America” for 2024 across a range of fields.

“We strive every day to provide the best possible representation for our clients, and we are honored to continue to receive this recognition for our work,” said Dean C. Colson, Managing Partner of Colson Hicks Eidson.

Best Lawyers, a distinguished peer-review legal publication company, develops The Best Law Firms in America listings through individual lawyer and law firm surveys and firm recognition history. Colson Hicks Eidson is recognized in the following areas.

National Tier 2 (Represents national clients and smaller companies)

  1. Mass Tort Litigation / Class Actions – Plaintiffs

Metropolitan Tier 1 (Scored within a certain percentage of highest-scoring firms in area)

Miami

  1. Bet-the-Company Litigation
  2. Commercial Litigation
  3. Criminal Defense: White-Collar
  4. Mass Tort Litigation / Class Actions – Plaintiffs
  5. Medical Malpractice Law – Plaintiffs
  6. Personal Injury Litigation – Plaintiffs
  7. Product Liability Litigation – Plaintiffs
  8. Insurance Law

Metropolitan Tier 2 (Scored within a certain percentage of the next highest-scoring firms in area)

Miami

  1. Professional Malpractice Law – Defendants
  2. Professional Malpractice Law – Plaintiffs

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About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.

Colson Hicks Eidson (CHE) is proud to announce its recent involvement in a significant legal matter with statewide implications. Sabrina Saieh, an attorney at CHE, has filed an amicus brief in the First District Court of Appeal in the case of State of Florida, Agency of Health Care Administration v. Alfredo Ivan Murciano, M.D. in support of Dr. Murciano’s brief.

The amicus brief was filed on behalf of CHE senior partner Roberto Martinez, who served on the most recent Florida Constitution Review Commission and was the primary sponsor of an amendment to the Florida Constitution, now found in Article V, Section 21, titled “Judicial Interpretation of Statutes and Rules.” This amendment explicitly prevents courts and Administrative Law Judges (ALJs) from deferring to administrative agencies’ interpretations of state statutes or rules.

The brief urges the First District Court of Appeal to recognize that Article V, Section 21 was added to the Florida Constitution to prevent executive branch agencies, such as the Agency of Health Care Administration (ACHA), from imposing their legal interpretations on the courts and ALJs. The Florida Constitution prohibits ALJs and the courts from accepting mandates from ACHA to adopt their findings of fact or issue orders based on ACHA’s interpretations of statutes and rules that contradict those determined by the ALJs or courts during a de novo review.

This amicus brief underscores CHE’s dedication to defending the integrity of the Florida Constitution and ensuring that judicial interpretation of statutes and rules remains impartial and independent from administrative agencies.

Organizing Committee Appointee  Stephanie Casey formally honored by Judge Altman

MIAMI (September 9, 2023) –  Colson Hicks Eidson, a multilingual complex civil and commercial litigation law firm based in Miami, FL, today congratulated Stephanie A. Casey for her leadership as an ad-hoc organizer of the Florida Southern District’s 6th Biennial Bench and Bar Conference. She was recognized formally by Judge Roy Altman for her remarkable service at the event in Miami Beach on September 9, 2023. 

The Bench and Bar Conference of the Southern District – a collaborative effort between the US District Court and the South Florida Chapters of the Federal Bar Association – brought together legal professionals, judges, and experts in a sold-out event, attracting more than 1,000 attendees. Casey played a pivotal role in organizing this prestigious gathering, which featured a day-long program of engaging panel discussions with esteemed judges, legal experts, and members of the Southern District of Florida’s Bench and Bar.

One of the highlights of the conference was the “Supreme Court Roundup,” featuring distinguished speakers Miguel A. Estrada and Neal Katyal. Additionally, a thought-provoking panel discussion marked the 60th anniversary of the Supreme Court’s landmark Gideon v. Wainwright decision, with Yale Law Professor Akhil Reed Amar, the Honorable Kathleen M. Williams, and the Honorable Robert N. Scola, Jr. 

“We are immensely proud of our partner Stephanie Casey for her exceptional contributions to the 6th Biennial Bench and Bar Conference,” Senior Partner Curt Miner said. “Her leadership and commitment to advancing the legal profession are exactly in line with our firm values, and we look forward to her continued success.”

Casey was appointed to the Southern District’s Bench and Bar Committee by Chief Judge Cecilia M. Altonaga in May 2022.  

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.