Miami Lawyer Sean M. Cleary — Cruise Ship Accidents
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At our office, we represent clients who are injured in cruise ship accidents in Florida waters and around the world.
Sean M. Cleary
The numbers of people vacationing on cruise ships have increased significantly over the years. Thousands of passengers leave the Port of Miami each week to enjoy relaxing, fun-filled vacations aboard cruise ships. While an accident on a cruise ship is the last thought on the mind of someone boarding a cruise accidents and injuries do occur. Often they result from the negligent or criminal conduct of the cruise line or its employees.
Maritime Law and Cruise Ship Accidents
Laws that apply to ships at sea, to their passengers and crew are special and are quite different from the legislation of the land. Mr. Cleary is highly familiar with these maritime laws and has extensive experience handling types of claims connected to them.
When it comes to cruise ship injuries and marine law, it is especially important to pay attention to detail from early on, even from the moment of getting the cruise ticket. These tickets usually contain information about the chosen cruise line's liability with regard to the safety of its passengers. This information must be read attentively and understood accurately because it is the key to legal rights protection in case things go wrong or take an unforeseen turn. Information usually extends to stating the prerequisites that the passenger needs to meet to be able to file a claim. Though these conditions may vary from cruise line to cruise line, two of them are fairly typical:
the passenger must warn the cruise line in a written statement about the intent to file a claim within six months following the event
the claim itself must be filed within one year following the event.
These conditions give a rather small window of legal action to both passengers and lawyers and make it imperative to act and react quickly and efficiently.
Aside from information related to time-frame, cruise ship passengers should also pay attention to information about incidental limitations regarding the location where valid claims can be filed. If you have questions about whether or not you may have a case, do not hesitate to contact Mr. Cleary.
How Can The Law Offices of Sean M. Cleary Help?
You should contact our law firm as soon as possible following your cruise ship accident and bring along all available documents that can prove your right to a valid claim. Once every detail is clear and in place, we will determine your chances in a cruise ship accident case, and we will decide on the most appropriate legal course to take. If a claim is to be filed, we can negotiate a satisfying settlement with the cruise line, or we will take your case to court.
Liability in Cruise Ship Accident Cases
Liability of Common Carriers
The term "common carrier" covers an individual or a company that transports goods or passengers on regular routes at set rates. The term applies to cruise ships, but also to airplanes, buses, ferries, and trains. It is the duty of cruise lines and cruise ships to provide safe transportation to their passengers. Cruise liners need to follow precise regulations and rules to guarantee passenger safety. These rules have to be accepted not only by cruise lines but also by security industries. The safety of all persons on board, passengers and crew require that cruise lines ensure the following on board of their cruise ships:
Monitoring of the activities of the people on board (crew and passengers) - this is usually done by installing a network of security cameras
Running background checks on all applicants for job aboard the cruise ship
Making sure there is a healthy ratio of staff to passengers at all times on board
Ensuring proper lighting of all public areas
The cruise line may be liable for personal injuries to its passengers if it is proven that the measures meant to protect and keep passengers safe insufficiently taken or didn't exist. However, unlike the legal theory of strict liability, in the case of common carriers, passengers who suffer personal injury are required to prove negligence (in some cases intent) on behalf of the common carrier.
This legal demand means that only a lawyer with vast knowledge of the maritime law and extensive experience with cruise ship accidents is to be entrusted with filing the claim.
Safety Aboard Cruise Ships
Cruise lines and cruise ships need to meet every requirement of the maritime law and to ensure the safety of their passengers during the voyage. Passengers, however, also need to prepare and follow some common sense legislation that improves their chances for a safe, event-free cruise travel. In this age of the internet, for example, it is not a wise thing to post and brag on social media or forums about planned trips, especially not about exact dates and routes. Giving out this kind of information makes passengers vulnerable not only to cruise ship accidents but also to thieves and robbers who learn valuable information about houses left empty. The following rules are safety rules that passengers are recommended to follow while aboard a cruise ship:
Don't take a cruise alone. People who are alone are more prone to attacks. Even if you go with others, make sure they are friends, and that your relationship with them is good so that you don't find yourself in a nasty fight (and alone after that!) during the trip. This rule applies to on-shore excursions also: never engage into such trips alone.
Do not share your financial status with anyone on the cruise ship. Make sure that sensitive documents and personal data from your laptop or other devices are never opened when someone else can take a look at them. Also: do not open your wallet or handbag where others can see their content.
Do not share personal information with members of the crew. It is important to know that cruise lines forbid such behavior.
Do not accept drinks from people who are not familiar to you.
For health reason, only use the restroom in your cabin; do not use the public ones.
Do not let children out of your sight, not even for brief moments.
During storms and rough seas, stay off the deck, away from windows and large objects that could move.
These are basic, common sense rules, but are not the only ones to keep in mind when registering for a cruise. It is recommended obtaining thorough information before registering for a cruise.
If you have a problem or have been wronged, Sean Cleary is the man to talk to. Had a fantastic experience with Sean and all of the friendly, helpful and professional staff of the firm. If Sean accepts you as a client and agrees to represent you, you'll be in the best of hands.
What Types of Cruise Ship Accidents Can Be Handled by a Lawyer?
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What Infections, Illnesses and Contamination Can Occur on a Cruise?
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Who Is Entitled to Financial Compensation for Personal Injury in a Cruise Ship Accident?
If the injured party can prove that the cruise line or crew failed to exercise care that a reasonable party would have (or that in the circumstances the law requires for the protection of other persons or the interests of other persons) the injured party may be...
In case it can be proven that what lead to the personal injury of the passenger was negligence or wrongdoing on behalf of the cruise line or the cruise ship crew, then the cruise line can be held legally...