Cruising in Dangerous Waters by Michael McLaughlin
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ruises are an increasingly popular vacation choice. It is estimated that in 2010, over 15 million passengers cruised with the majority of these passengers leaving from a port in the United States. Modern cruise ships have become so large that they are effectively floating cities. As in any other city, cruise passengers are exposed to dangers ranging from violent crimes to slip and fall accidents. While vacationing on a cruise ship, it is easy to forget that a prudent traveler should be constantly vigilant to avoid becoming a victim. One way of protecting yourself is to know your rights as a passenger.
where the cruise line maintains its offices or where the injured passengers live. For example, a passenger from California sailing on a cruise from a port in Italy may have to bring the lawsuit in Florida. Another way to protect yourself in the event that you have been injured is to document everything. Cruise lines employ their own security forces who are charged with investigating accidents. Investigations by the ship’s security personnel can be incomplete or skewed in favor of the cruise line and against the victimized passenger. If you have been injured while on a cruise, there are certain precautions you can take to better protect your rights. Be very
When you receive your contract of passage booklet from your travel agent or the cruise line, you should take the time to read it. The document is not just a ticket that allows you to board the vessel, but a binding contract between you and the cruise line. Contained in the fine print of the contract are several clauses that strip you of certain valuable rights in the event that you are injured. Typically, you must notify the cruise line in writing within six months of your injury or you may not be able to bring a claim. Further, the contract reduces the time that you have to file suit against the cruise line from three years to one year. If you fail to file suit in the proper court within one year of the injury, it is very likely that you will be unable to make a claim for your injuries. The ticket contract also specifies where the lawsuit can be brought. This provision controls regardless of where the ship sailed from,
careful about what you say and what you sign. The cruise line will typically create an accident report, but rarely is a copy provided to the injured passenger. Be sure to write down the names, telephone numbers and addresses of any and all witnesses. Make detailed notes about how the accident happened as well as any conversations you or anyone else had with the crew, including the crewmember’s full name and job title. Take as many photographs or as much video footage of the accident scene as possible. Accident scenes often change shortly after the incident and there may be no way to substantiate the dangerous condition without this photographic evidence. If you are injured or have questions about your legal rights, contact an experienced maritime attorney. Safe travels!
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Wagner McLaughlin has been “speaking up for the injured” — with commanding volume and authority — since opening its first office in Tampa in 1967. Today, the firm is among the most respected plaintiffs’ personal injury law firms in the state and nation, with partners who have shown extraordinary leadership in both the courtroom and the broader profession. Wagner McLaughlin has produced many legal landmarks over the years, expansive in both number and breadth. The firm handles many types of cases and has been extraordinarily successful, on any measure. If catalogued here, our wins over the decades would be as impressive to the layperson as to the most knowledgeable legal expert. Yet, we are proud to measure our success, most of all, by our commitment to each client individually. We have many cases, but each client has only one and we recognize — and keep in mind everyday — that that one case is the most important case to the client. Wagner McLaughlin’s commitment to clients and legal principles goes far beyond the courtroom. We routinely help underwrite efforts to maintain and strengthen the vital jury system and to fight limitations on awards for the pain and suffering of injured plaintiffs and so-called “tort reform” that favors only the negligent and powerful. Our firm and its individual lawyers are devoted to improving the lives of people in the Tampa Bay community, including through expanding legal education. To that end, we helped bring one of just three remaining copies of the Magna Carta from England to Tampa for public display at the Tampa Museum of Art.