Cruise Ship Accident Lawyer

California Cruise Ship Injury Attorney Preston Easley Helps Victims of Cruise Ship Accidents with Mainland Tort Law and Jones Act Claims for Federal and State Cases in CA and HI

The cruise industry is host to a popular vacation choice for many Californians, Hawaiians, and visitors to our states. Major cruise lines, such as Princess Cruises, Carnival Cruises, and others, promise to provide passengers with unbelievable getaways on the high seas, complete with recreational activities, good food and drink, and excellent service. While the cruise company and its crew members are responsible for keeping passengers safe, some accidents happen. When passengers suffer serious or fatal injuries aboard cruise ships, they need legal representation from attorneys experienced in cruise ship injury lawsuits and maritime law. A cruise line ship’s cooks, concierges, deckhands, and janitors are all subject to the same calamities (tilting decks, exposure to toxic chemicals, etc.) that can befall passengers, and they also have recourse under the law.

Cruise ship injury victims often find their legal issues difficult for various reasons. One factor complicating cruise line ship liability cases is that the ship’s operator often attempts to obfuscate the issue by citing international rather than U.S. law, especially as it pertains to the statute of limitations for filing claims (depending on whom you talk to, this can be anywhere from six months to three years).

Cruise ship lawyers, such as maritime lawyer Preston Easley, have the legal experience and knowledge necessary to help personal injury victims pursue compensation from at-fault cruise line companies.

Contact a skilled cruise ship accident lawyer at the Law Offices of Preston Easley. Our law firm offers free consultations to prospective new clients interested in retaining our legal services.

How Common Are Cruise Ship Accidents?

While many cruise ships return to port safely without major incidents or onboard emergencies, serious accidents and violent incidents have been known to occur on cruise lines.

It is difficult to know how often accidents happen aboard cruise ships worldwide. In the United States, cruise ships must report incidents and injuries involving passengers and crew members to the FBI. The Department of Transportation (DOT) compiles records of cruise line incident reports. The majority of cruise line incidents reported by DOT concern sexual assaults and rapes. The FBI requires cruise companies to publish information regarding passenger injuries on their websites. Unfortunately, while cruise ship companies are required to report even minor injuries to passengers to the FBI, there is some doubt as to whether the collected statistics are entirely accurate. In most cases, many cruise ships do not have law enforcement officials on board, sometimes making it challenging for accident victims to report their injuries.

According to the Maritime Injury Guide, which compiles data collected by the DOT and the U.S. Coast Guard, there were approximately 450 major cruise ship accidents between 2005 and 2023. In those incidents, 15 cruise ships sank, and 16 people lost their lives.

What Cruise Ship Companies Operate Out of California and Hawaii?

Several different cruise ship lines operate in and out of California and Hawaii.

Popular California cruise ships include Carnival Cruise Lines, Celebrity Cruises, Royal Caribbean, the Norwegian Cruise Line, and more.

Cruise line companies that operate in and around Hawaii include Princess Cruise Lines, Norwegian Cruise Lines, Oceania Cruises, Regent Seven Seas Cruises, Royal Caribbean, Celebrity Cruises, and Disney Cruise Line.

Cruise ship companies are backed up by teams of lawyers invested in defending the interests of their employers. Going up against a cruise company without legal counsel is inadvisable. You do not want to feel outmatched when contending with the cruise ship industry, especially when you are trying to prove negligence and recover compensation for an accident. Cruise ship injury lawyers can help you seek fair recovery for your injuries and other losses if your accident was caused by a cruise ship employee, other passenger, crew member, or the cruise line company itself.

What Are Common Causes of Cruise Ship Injuries?

In a typical year, millions of passengers and crew members embark and disembark from Hawaii and California. Accidents and injuries are inevitable given the number of people and activities on cruise ships.

Slip and Fall Accidents

Cruise ships are often bustling with activity, and it’s not uncommon for surfaces to become wet and slippery. These conditions can lead to slip-and-fall accidents, whether from spilled drinks, poolside splashes, or rainwater.

Injuries from these accidents can be severe, ranging from sprained ankles to broken bones or traumatic brain injuries. Cruise lines must ensure that all areas are well-maintained and that proper warning signs are in place to prevent such incidents.

Food Poisoning

The risk of foodborne illnesses is significant when large-scale food preparation is carried out on cruise ships. Food poisoning can occur if food is not stored at the correct temperature, contaminated during preparation, or not cooked properly.

Symptoms such as nausea, vomiting, and diarrhea can ruin a vacation and may require medical treatment. Cruise lines are responsible for adhering to strict food safety protocols to protect their passengers from these hazards.

Norovirus Outbreaks

Norovirus is notorious for spreading quickly in confined environments like cruise ships. This highly contagious virus causes severe gastrointestinal symptoms and can incapacitate passengers and crew alike.

Outbreaks can lead to quarantines, disrupted itineraries, and significant discomfort for those affected. Cruise lines must implement rigorous cleaning and hygiene practices to minimize the risk of norovirus spreading.

Recreational Activity Injuries

Cruise ships offer a variety of recreational activities, from rock climbing walls to water slides. While these attractions are fun, they also come with inherent risks. Injuries can occur if the equipment is improperly maintained or safety protocols are not followed. Supervision and regular safety checks are crucial to ensure these activities remain safe for all cruise passengers.

Tender Boat Accidents

Tender boats transport cruise ship passengers from the ship to shore when the ship is anchored offshore. These small boats can be unstable, and accidents during boarding or disembarking are not uncommon. Rough seas or poor weather conditions can exacerbate the risks, leading to falls or other injuries. Proper staff training and clear instructions for passengers are essential to prevent accidents.

Docking Accidents

The process of docking a cruise ship involves precise maneuvers and coordination with port staff. Accidents can happen if there are miscommunications or mechanical failures, leading to injured passengers and crew.

These can include crush injuries, falls, or other trauma. Ensuring that all docking procedures are followed meticulously can help mitigate these risks.

Swimming Pool Accidents

Pools are a major attraction on cruise ships but pose safety risks. Drowning incidents, slips, and falls are potential hazards, particularly if safety measures are not enforced. Lifeguards, safety barriers, and clear signage can help prevent accidents around the pool area, ensuring a safe environment for all guests.

Assault and Theft

While on vacation, the last thing passengers want to worry about is crime. However, incidents of sexual assault, violence, and theft can occur on cruise ships. These situations can cause significant physical and emotional harm.

Cruise lines have a duty to provide a secure environment, including adequate security personnel and surveillance systems to protect passengers.

Medical Malpractice and Medical Negligence

Cruise ships are equipped with medical facilities to handle routine health issues and emergencies. However, medical care falls short in some cases, leading to malpractice. Misdiagnoses, improper treatment, or delays in medical care can have serious consequences for passengers. Ensuring that medical staff are well-trained and facilities are up to standard is critical.

Fires and Other Emergencies

Emergencies such as fires, although rare, can be catastrophic on a cruise ship. Inadequate safety protocols or delayed responses can lead to severe injuries from burns, smoke inhalation, or panic during evacuations. Regular safety drills and proper maintenance of fire safety equipment are essential to protect passengers in the event of an emergency.

What Are Common Cruise Ship Injuries in California and Hawaii?

Cruise ships are very large and present no shortage of opportunities for accidents to happen. While the ship’s medical staff will treat passengers for minor injuries, sometimes catastrophic injuries also occur.

Common cruise ship accident injuries that may befall passengers and crew alike include the following:

• Broken bones
• Child injuries, which can be more threatening and difficult to treat
• Concussions and other types of head trauma
• Crushing injuries caused by heavy objects
• Disfigurement
• Drowning or near-drowning incidents
• Electrocution
• Exposure to toxic chemicals and hazardous materials
• Food poisoning
• Infections from unsanitary conditions
• Loss of limbs and forced amputations
• Severe burns and other types of skin trauma
• Slip and fall injuries
• Soft tissue injuries, including ligament tears
• Spinal cord injuries, including complete or partial paralysis
• Traumatic brain injuries
• Various types of illnesses
• Vision loss
• Wrongful death

Once passengers arrive on board a cruise ship, the company and its staff are responsible for passenger safety. If they have been negligent and have not practiced a certain duty of care owed to passengers and staff, a maritime injury lawyer can attempt to hold them accountable and recover compensation for victims.

What Are Some Tips if You’re Involved in a Cruise Ship Accident Injury?

• Seek Immediate Medical Attention:
  • Your health and safety should be your top priority. Visit the ship’s medical center immediately for an evaluation and treatment. Ensure that the medical staff documents your injuries and the treatment provided. Keep copies of all medical records and reports, as these will be crucial for any potential legal claims
• Report the Incident:
  • Notify the ship’s crew and file an official incident report. Provide a detailed account of what happened, including the location, time, and any witnesses. Make sure to get a copy of the report for your records. Reporting the incident promptly helps establish a record of the event and ensures it is taken seriously by the cruise line
• Gather Evidence:
  • Collect as much evidence as you can to support your case. Take photographs of the accident scene, your injuries, and any conditions that may have contributed to the incident (e.g., wet floors, broken equipment). Obtain contact information from witnesses who saw the accident. This evidence will be valuable when filing a claim or seeking compensation
• Keep Detailed Records:
  • Maintain a detailed record of everything related to the accident and your injury. This includes medical bills, treatment plans, prescriptions, and any communication with the cruise line or insurance companies. Also, document any lost wages, travel expenses, and other costs incurred due to the injury. Comprehensive records will help substantiate your claim for compensation
• Consult with a Personal Injury Attorney:
  • Cruise ship injury cases can be complex due to the maritime laws and regulations that govern them. Contact a personal injury attorney specializing in cruise ship accidents to understand your rights and legal options. An experienced attorney can help you navigate the claims process, negotiate with the cruise line, and ensure you receive fair compensation for your injuries and losses

Can the Cruise Line Be Held Responsible for Serious Injuries?

Cruise companies should be held responsible when a passenger or cruise ship employee sustains injuries aboard a ship.

Cruise ships are common carriers, meaning they must provide passengers with reasonable care. Whether you are aboard the cruise ship or enjoying activities off the ship like hiking or other excursions, the ship’s company has a duty to protect paying passengers from injury and harm. The duty of care means working to avoid potential accidents, hazardous conditions, and unforeseeable events by providing reasonable care and skill to meet the needs of passengers.

Cruise lines can also be held responsible if you are the victim of a violent crime, rape, or sexual assault.

In addition to holding cruise line companies responsible, your attorneys can also seek to prove liability from ship personnel or third parties responsible for an accident.

There may be terms and conditions that limit liability for certain types of accidents and injuries. Some of these contractual limitations may specify time limits for filing injury lawsuits, impose caps on recoverable damages, or require legal disputes to be resolved through arbitration instead of litigation. Review your cruise contract carefully with a maritime attorney to understand your legal options.

Who Can File a Lawsuit Against Cruise Ships After an Accident Happened?

If an individual or family gets hurt due to someone else’s negligence on a cruise ship, the injured party and their legal representatives may be able to file a personal injury lawsuit against the at-fault parties. Additionally, if a loved one dies because of a cruise ship accident, an attorney can assist surviving family members in filing wrongful death lawsuits.

Those who may be able to sue negligent parties for injuries and wrongful deaths may include the following:

• Injured passengers
• Parents of unmarried victims, particularly if the victims were minors
• The surviving spouses of the deceased
• People who were dependent on a fatal accident victim for financial support
• Grandparents, siblings, and either biological or adopted children of wrongful death victims

To learn whether you have the legal right to file a personal injury claim after a cruise ship incident, please get in touch with our law firm to discuss matters with the attorney and his legal staff.

How Important is the Passenger Ticket Contract?

When you book a cruise in California or Hawaii, your ticket contract contains essential information regarding your rights as a passenger and the critical limitations imposed by the cruise line in the event of an accident.

Many cruise lines have clear language about where legal claims must be filed. You and your attorney must file it in the proper courts to ensure that your case gets the attention it deserves.

Most cruise ships require injured passengers to give official notice of their intent to file a personal injury claim within a specified time frame. The cruise company often requires notice within six months of the accident.

Those with valid passenger tickets have legally binding contracts with the cruise lines and deserve to have their legal claims respected and heard. Contact our law firm to schedule a free, no-obligation case evaluation with our legal team to discuss your options for taking legal action today.

Can a Cruise Ship Injury Lawyer Help Maximize Your Total Compensation?

A successful cruise ship injury lawsuit can potentially recover both economic and non-economic damages from the at-fault party or their insurance company provider. It can be challenging for injured parties and their family members to seek a fair settlement without dedicated legal counsel in their corner. Experienced maritime accident lawyers can help injured victims seek the maximum compensation for their pain and suffering.

Potential damages that may be recoverable after a cruise ship accident include the following:

• Diminished quality of life
• Disability, disfigurement, or dismemberment
• Emotional distress and mental anguish damages
• Loss of companionship or consortium
• Lost wages and lost earning capacity if the injured victim is unable to return to their place of employment
• Maintenance and cure
• Past medical bills and future medical expenses, including compensation for surgical procedures, physical therapy, prescription medications, and emergency medical treatment
• Physical pain and suffering compensation
• Property damage
• Wrongful death damages
• And in cases involving egregious misconduct, maliciousness, or willful negligence, punitive damages may also be awarded to punish the wrongdoer and deter others from committing similar acts

Schedule a Free Consultation with an Experienced Cruise Ship Lawyer to Discuss Your Personal Injury Lawsuit Today

If you don’t have an experienced lawyer by your side, the cruise ship company may attempt to settle claims under another country’s laws, either because the ship happened to be in a foreign port at the time or because it was registered to that country of origin.

Attorney Preston Easley has more than twenty-five years of cruise ship accident law firm experience you can rely on to get you the best possible outcome for your case.

At the appellate level, he has been a pioneer in expanding the rights of injured workers, frequently reversing lower court decisions and making new laws.

Preston Easley is an experienced personal injury and maritime injury lawyer with considerable expertise in handling federal and state cases. His clients include longshoremen, shipyard workers, tugboat crewmen, dredge crewmen, pile drivers, marine construction workers, merchant seamen, and tour boat/recreational boat crews and passengers. He will aggressively seek the maximum amount of compensation you are entitled to receive.

Call or email our cruise ship accident attorneys today for a free initial consultation. Our phone number is 310-773-5207.