Cruise Ship Accidents
Finally, vacation time comes around and you and your family are looking forward to that special cruise or resort vacation. The last thing on your mind is your vacation being ruined by a serious injury to yourself or family member. Yet, every year vacationers suffer serious injures as a result of a negligent act, due to faulty or improper maintenance of the property, a slip and fall, or or a crime related injury, due to inadequate security on a cruise ship or a resort.
Admiralty Statute of Limitations normally provides for a three (3) year time limit in which a suit can be filed against a cruise ship line. However, cruise lines often insert special provisions into their passenger tickets (which are authorized by United States federal statutes) that shorten the time in which a passenger may file a law suit against the cruise line to one year. In addition, cruise lines can designate, within their passenger tickets, the only location where they can be sued. This is referred to as a forum selection clause.
Most of the major cruise lines are based in Miami, Florida and designate Miami, Florida as the location where they must be sued. In almost every case where passengers have been unaware of the cruise lines forum selection clause or have otherwise chosen to ignore it and filed a law suit in another jurisdiction, the law suit has been dismissed leaving the passenger with no means of recovery against the cruise line. With our experience as cruise ship accident lawyers we can put our knowledge to work and help you with your maritime legal issues.
Also, almost every cruise line vessel is registered in a foreign country and flies a foreign flag. The law of the country of registration of the vessel could potentially apply to events on cruise vessels and could potentially be more favorable to the claimant than United States law. This creates many opportunities for experienced attorneys and many obstacles for those attorneys who are unfamiliar with maritime law. For example, a ship that begins its voyage from Miami, Florida could have the laws of the state of Florida, the laws of the United States, the laws of the flag country and international treaties apply to events and occurrences which happen aboard it.
Contact us online or call at 877-722-6575 to arrange a consultation. When results matter, choose THE LAW OFFICES OF BARBARA G. BANKS.
Barbara G. Banks of The Law Offices of Barbara G. Banks, P.A. is a South Florida based attorney who represents serious personal injury and wrongful death clients throughout the State of Florida.
