(310) 773-5207
When you have been injured on a cruise ship, you may be entitled to substantial compensation if you can prove that the accident was the fault of the cruise ship operator. An experienced California cruise ship passenger injury lawyer at the Law Offices of Preston Easley, APC, can fight for you to receive full compensation for your damages.
To qualify for financial compensation for cruise ship injuries, you must prove negligence in the circumstances surrounding the accident. However, negligence can occur in many contexts, and you may be accused of carelessness yourself. You must rebut these allegations to qualify for full compensation. Otherwise, you may not qualify for any compensation, or the size of your settlement check may be reduced.
Legal help is an absolute must if you have been injured by the carelessness of another. Schedule a free initial consultation with a California cruise ship injury lawyer at the Law Offices of Preston Easley, APC by calling us at (310) 773-5207 to learn more about your legal rights and the path forward.
The cruise ship company has a financial incentive to try to either blame you entirely for the accident or at least ensure that you bear part of the responsibility for what happened. Under the laws of comparative negligence, your compensation could be threatened if the cruise ship operator can make allegations against you and have them stand up in court.
Examples of Allegations That the Cruise Ship Company May Make
The cruise ship company could allege that your own actions were the cause of your injuries in the following ways:
- You were intoxicated at the time of the accident, affecting your judgment and level of care
- You did not pay attention to the posted warning signs when walking in certain areas of the ship
- Disregarding safety instructions given by the cruise ship staff
- Not wearing the appropriate footwear when walking on the ship
In any type of personal injury case, you must show that the defendant was the proximate and legal cause of your injuries. If your own actions were responsible for your injuries, the cruise line would not be the cause. If you were partially to blame for the accident, the cruise ship was only the cause of some of your injuries.
The exact law that applies to your case depends on where you are suing. Cruise ship companies want to face legal action in a forum that is both more convenient for them and one in which they have experience. Accordingly, the cruise ship company will insert a choice of law provision in your cruise ship ticket that dictates where you can sue.
Since these cases are decided by state law, everything depends on the statute in the state where your case has been filed. Some states allow you to receive compensation, so long as you were not 100% to blame for the accident. Others bar recovery entirely if you bear any of the blame. Finally, many states adopt a middle ground that allows you to receive compensation if you were less than 50% to blame for the accident, while reducing the size of your settlement by the percentage of fault that you bear.
You Must Fight Back When You Have Been Accused of Wrongdoing
No matter what, it is in your best interest to fight back when the cruise ship operator is trying to blame you for what happened. If you let their allegations go unchecked, your right to financial compensation could be jeopardized. As unfair as it seems, obtaining full compensation for your injuries can mean fighting to disprove allegations, every bit as much as it means proving that the cruise ship company was at fault.
Your cruise ship injury lawyer will perform an investigation of the circumstances of your case and gather evidence that shows what you did under the circumstances. They may use the following to prove your side of the story:
- Eyewitness testimony from people who saw the accident
- Video camera footage that your attorney may obtain it through the discovery process
- Internal investigative reports written by the cruise ship operator (although these may be written in a way that seems to blame you)
- Testimony from an accident reconstruction expert
Note that many of the sources of evidence are something that is in the hands of the cruise ship company. Your cruise ship injury attorney may obtain access to the evidence that the operator has during the discovery process of any lawsuit you would file.
Contact a California Cruise Ship Passenger Injury Law Firm
If you have been injured on a boat at sea, get legal help from a California cruise ship passenger injury attorney at the Law Offices of Preston Easley, APC. Learn more about your legal rights during a free initial consultation, which you can schedule by filling out an online contact form or by calling us today at (310) 773-5207.
Preston Easley is a graduate of the United States Naval Academy in Annapolis, MD. He served five years of active duty as a Naval officer — three years as a deck officer on a fast frigate and two years as a patrol boat skipper. Mr. Easley also served aboard a tank landing ship in the reserves. Learn more here.
