$6.6 Million
and his team won a multimillion-dollar car accident trial verdict
against State Farm on
behalf of a client.
$1.9 Million
litigation for $2 million.
High-speed bus crash.
Bus company sued for
wrongful death of a
56-year-old grandmother.
"Couture Law PA fought
for us when others said
we had no case. I admire
their tenacity & appreciate
their dedication more
words more words."
– R. BALTAZAR
"From the first call to last
handshake they treated
me like a VIP with
personal attention to
details, follow through
from beginning to end."
– T. SALZEIN
Florida Cruise Ship Injury Lawyer
Experienced injury attorneys advocating for injured passengers
To most people, a cruise ship is a floating adventure, filled with activities, food and endless entertainment. In reality, however, there are more potential hazards on a cruise ship than on land. When a day on the water ends in tragedy, passengers and crew members may be eligible to receive compensation for their injuries. The personal injury lawyers at Couture represent victims of cruise ship accidents throughout Florida.
Legal challenges in cruise ship accident cases
Personal injury cases often take on a different dimension if the injury took place while the victim was on a cruise vessel or related excursion. Although cruise ship accident victims may file a claim against the cruise liner, different laws may apply if the accident occurred outside of Florida’s jurisdiction, or in international waters.
There are several factors that affect where and whether an injured cruise accident victim can file a lawsuit. The ticket a cruise passenger purchases generally serves as a contract. The terms of the ticket purchase often identify where plaintiffs may file a claim against the cruise line operator. Cruise tickets also may include certain liability waivers. These waivers require the passenger to agree to hold the cruise operator harmless under the specified conditions. For example, the cruise line may require the customer to agree to waive the right to file a lawsuit if the passenger is injured while ziplining or participating in extreme activities during a cruise excursion.
Because cruise ships spend a significant amount of time at sea, maritime law may be the governing legal code. If the accident happens while on ship and the ship is sailing or docked in a state or country’s territory, the accident victim will likely have to file his or her claim in that state or country. Determining the proper venue for a cruise accident victim’s injury claim is challenging, making it imperative for cruise ship accident victims to retain experienced legal counsel to navigate the case on their behalf.
Settling vs. going to court
Most accident victims never set foot in a courtroom. Plaintiff and defense attorneys often find that it’s in the interest of both sides to reach a settlement. In fact, the defendant may offer a settlement before the plaintiff files a claim. While it might be tempting to accept the cruise liner's first offer, that likely isn't the best offer. Always consult with a Florida cruise ship accident lawyer before accepting a settlement offer from the party that caused your injury.
Couture Law P.A. will work to get you the settlement offer you deserve. If the defendant does not offer an acceptable amount, the case may be taken to trial.
Negligence and strict liability claims
Most cruise ship accident cases are negligence-based claims. Negligence-based lawsuits require the plaintiff prove the defendant owed a duty of care. The plaintiff must also establish that the defendant’s behavior breached the duty owed to the plaintiff. In some cases that involve specific factors like defective products and malfunctioning equipment, the victim’s case may be a strict liability claim. Strict liability lawsuits do not require that the plaintiff to prove the defendant’s behavior breached the duty owed. Instead, the defendant may be required to compensate the plaintiff solely based on the duty itself and whether the defendant’s behavior caused the injury.
Winning a negligence-based lawsuit against a cruise operator
There are four elements a plaintiff must prove to win a negligence-based personal injury lawsuit. The plaintiff must establish that:
- the defendant owed the plaintiff a duty to keep the plaintiff safe
- the defendant breached the duty
- the defendant’s behavior caused the plaintiff’s injury
- the plaintiff’s injury entitles the plaintiff to monetary compensation
Our Florida personal injury lawyers will listen carefully to the facts of your case. If you have a valid cause of action under the applicable jurisdiction’s personal injury laws, we will help you gather the evidence you need to prove the required elements in your claim.
Modified comparative negligence in Florida cruise ship accident cases
Each jurisdiction takes its own approach toward awarding plaintiffs in personal injury cases. Court systems that follow the pure negligence rule are the most favorable to plaintiffs and the most straightforward. In a pure negligence system, the court determines the compensation amount and awards 100% of that amount to the plaintiff. Pure negligence does not take into account the extent to which the plaintiff was also partially at fault in the accident that caused the injury.
Florida courts apply the rule of modified comparative negligence. In a comparative negligence system, the court assigns a percentage to the plaintiff and the defendant to reflect the amount of fault each party contributed to the accident. Court systems that follow the rule of pure comparative negligence deduct a percentage from the plaintiff’s award amount according to the percentage of fault the court determined the plaintiff contributed to the injury. In 2023, Florida adopted the modified comparative negligence system, which bars plaintiffs from receiving compensation if they are more than 50% at fault in an accident.
Types of cruise ship accidents
To an injury attorney, a quick look around a cruise ship reveals a multitude of potential dangers. Parents must closely supervise their children around the onboard hot tubs and swimming pools, as these areas are typically not gated. Injuries may occur to children and adults who use waterslides and other recreational equipment. In some cases, passengers may be a danger to one other. The companies that operate cruises may be legally responsible if one passenger causes injury to another. The following are common types of personal injury accidents that may occur on cruises:
- slips and falls
- foodborne illnesses
- excursion-related injuries
- physical attacks
- medical negligence
- mechanical failures
SLIP AND FALL ACCIDENTS
Cruise ships can accommodate hundreds, and in many cases, thousands of people at a time. Nevertheless, the companies that operate cruises must keep the floors clean and free of hazards that may increase the risk of slip and fall accidents. This means that crews must work around the clock observing and identifying potential hazards and keeping the floor surfaces safe. If the crew is unable to eliminate a hazard quickly, the staff may set up a sign to warn passengers and other workers of the dangerous area. The crew may also block off the area entirely to prevent others from being exposed to the risk.
Whether you slip on loose carpet, miss a step while walking down a dimly lighted staircase, or slip on a wet floor, you may be entitled to compensation. Slip and fall accident cases are generally based on the theory of negligence. If the cruise liner failed to take reasonable steps to protect you from the slip and fall hazard, you may be able to file a lawsuit against the cruise liner in court.
CRUISE SHIPS AND FOODBORNE ILLNESS
Food is one of the things people most look forward to when vacationing at sea. Culinary crews prepare food in large batches to meet passenger demands. A single contaminated batch can lead to numerous cases of illness. Victims of food poisoning on a cruise may receive compensation if the crew failed to follow food safety protocol. Serving or storing food at the wrong temperature, failure to follow the recommended hygiene practices, and using spoiled or contaminated ingredients are common examples of practices that may lead to negligent food poisoning.
INJURED DURING AN EXCURSION
A cruise liner may be liable for injuries that do not occur on the ship. As part of most cruise packages, excursions are often available to guests when they arrive at each destination. Common excursions include relatively high-risk activities like riding ATVs, jet skis, or animals like horses and camels. Guests who are injured while participating in excursions may be able to file a claim against the cruise operator if the liner or an affiliate offered the activity. Determining where to file a claim when injured on an excursion usually is more cut-and-dry, as excursions generally take place on land in a state or another country, or in water that is well within their territory.
PHYSICAL ATTACKS
Although cruise ships have security systems and personnel, criminal attacks and fights sometimes happen and cause injuries. The attacks may be motivated by theft, sexual violence, or conflict between two or more people. Alcohol could lead to sexual assault, with the victim being targeted while intoxicated.
In the event of an attack on a cruise ship, the first step is to seek medical attention. Ships have medical crews onboard that are able to assess the nature of the injury. The crew may help the victim seek medical attention at a hospital upon arrival at the next port if the injury is severe. After receiving medical attention, the injured party and his or her family should contact a personal injury lawyer who represents cruise accident victims.
MEDICAL NEGLIGENCE
Similar to medical professionals who work in facilities on land, medical personnel on cruise ships must conform to certain standards. If a patient receives treatment that negligently causes injury or worsens the patient’s condition, the patient may file a medical malpractice lawsuit against the cruise operator or medical service provider.
INJURIES CAUSED BY MECHANICAL FAILURE
Ships rely on a variety of systems that deliver mechanical function, comfort, and entertainment to those onboard. A damaged HVAC system may cause passengers who are more sensitive to extreme temperatures to become ill. The ship itself may have a mechanical failure that prevents it from continuing to sail. Kitchen equipment may malfunction and cause a fire. The electrical system may create hazards due to inadequate lighting. A plumbing failure can cause slippery floors due to flooding. Whether the injury occurs while onboard or during or after a mandatory evacuation, the cruise operator may be liable if it failed to act reasonably to keep passengers safe.
Reach out to a cruise ship injury attorney
If you or a loved one have been injured on a cruise ship, call us for a free consultation. Couture Law P.A. will stand up to the corporate cruise line operators. Let our experienced attorneys negotiate with the liners' insurance companies who are solely concerned about protecting their clients' bottom line.
A few kind words from satisfied clients
How much does a personal injury attorney cost?
At Couture Law P.A., you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your personal injury attorney.
Do I have a case?
Because no two cases are alike, injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.