Cruise vacations are often seen as the perfect family getaway, offering a mix of adventure, relaxation, and entertainment for all ages. However, the fun can quickly turn to distress if a child is injured while on board. It’s essential for parents to understand their legal rights and the steps necessary to pursue compensation for their child’s injuries. This blog will provide a comprehensive guide on pursuing legal action for cruise ship injuries involving children, focusing on the unique challenges these cases present.
We have handled well over 100 cruise ship injury claims against the major cruise lines in Miami.
Common Types of Cruise Ship Injuries Involving Children
Children can be particularly vulnerable to various types of injuries on a cruise ship due to their size, activity level, and curiosity. Some common injuries include:
Cruise Ship Slip and Falls
Cruise ships have numerous areas with wet surfaces, such as pool decks and spa areas. Several cruise ships are known to have problematic pool decks that become extremely slippery when wet – in some instances as slippery as ice. Children who are running, playing, or even walking can easily slip and fall on these surfaces, leading to serious injuries like fractures, sprains, and head injuries.
Cruise lines owe a duty of care to use reasonable care under the circ*mstances to protect their passengers from dangers on the ships. Thomas v. NCL (Bahamas), Ltd., 203 F. Supp. 3d 1189 (S.D. Fla. 2016) (Plaintiff represented by Michael Flanagan).
This includes regularly inspecting and promptly addressing wet or slippery surfaces. Cogburn v. Carnival Corp., No. 21-11579 (11th Cir. Apr. 25, 2022) (Plaintiff represented by Michael Flanagan).
In addition, if a cruise line knows an area is likely to become wet – like a pool deck or water park, then the cruise line has the responsibility to make sure that area is reasonably slip-resistant when wet. Andersen v. Royal Caribbean Cruises, Ltd., 543 F.Supp 3d.1346 (S.D. Fla. 2021).
If the cruise line failed to properly maintain the area or did not provide adequate warnings such as Wet Floor signs, they may be found negligent and liable for the injury.
Trip and Falls
- Duty of Care: Cruise lines owe a duty of care to use reasonable care under the circ*mstances to protect their passengers from dangers on the ships. This includes the duty to warn about dangerous conditions that the cruise line knew or should have known about.
- Frequent causes of trip and falls
- Improperly built stairways
- Elevated thresholds
- Objects left in walkways
Medical Malpractice
A cruise line may be responsible for the medical malpractice of its onboard medical staff under many theories of liability including, negligence, joint venture, actual agency, apparent agency, and others. See Christie v. Royal Caribbean Cruises, Ltd., 497 F. Supp. 3d 1227 (S.D. Fla. 2020) (Plaintiff represented by Michael Flanagan).
Common allegations of medical malpractice against cruise lines include, failure to evacuate a passenger to a hospital, failure to diagnose, failure to treat, failure to warn.
Playground or Waterpark Injuries
Many cruise ships feature playgrounds and recreational areas designed for children. Accidents can happen due to faulty equipment, poor design, lack of regular maintenance, or failure to reasonably operate the playground or waterpark.
- Product Liability: If the playground equipment is defective, the manufacturer, distributor, or cruise line may also be held liable under product liability laws.
- Maintenance Negligence: The cruise line is responsible for ensuring that all playground equipment is regularly inspected and maintained. Failure to do so can result in liability for injuries. Guevara v. NCL (Bah.) Ltd., 920 F.3d 710 (11th Cir. 2019).
- Failure to Warn: Cruise lines have the responsibility to warn about dangers that are not open and obvious. Spall v. NCL (Bahamas) Ltd., 275 F. Supp. 3d 1345 (S.D. Fla. 2016)
Food Poisoning
Children are more susceptible to foodborne illnesses, which can occur if food is improperly stored, prepared, or contaminated. Symptoms can include severe dehydration, vomiting, and diarrhea, hospitalization, or death. Cruise lines are required to comply with health and safety regulations, including proper food handling and sanitation practices. To hold the cruise line accountable, it must be proven that the illness was caused by the cruise line’s negligence in food preparation or handling.
Excursion Accidents
Activities organized by the cruise line, such as zip-lining, snorkeling, or hiking, can result in injuries if proper safety measures are not in place. These excursions often take place in foreign countries with different safety standards.
- Vicarious Liability: Cruise lines can be held vicariously liable for the actions of third-party excursion operators if they fail to vet and ensure the safety standards of these operators.
- Duty to Warn: Cruise lines have a duty to warn passengers of potential dangers associated with excursions and to provide clear instructions on safety measures. Chaparro v. Carnival Corp., 693 F.3d 1333 (11th Cir. 2012).
Legal Considerations in Cruise Ship Injury Cases Involving Children
Pursuing legal action for injuries sustained by a child on a cruise ship involves several unique considerations:
Parental Responsibility
As a parent or guardian, you have the legal responsibility to act on behalf of your injured child. This includes filing claims and lawsuits to seek compensation for their injuries. Ultimately, the settlement of a claim involving a minor child may require Court approval. This is done either by seeking the approval of the trial judge or a guardianship court. Depending on the amount of the settlement, the Court may allow the money to be disbursed to the guardian, or may require that a guardianship or trust be created for the child. If attempting to settle a minor’s claim, you should be sure to follow the proper legal procedure to avoid adverse consequences.
Forum Selection Clauses
Most cruise lines include a forum selection clause in their ticket contracts, specifying that any legal action must be filed in a specific court, often the United States District Court for the Southern District of Florida. Our experienced maritime lawyers can help you navigate these clauses and ensure the lawsuit is filed correctly.
Statute of Limitations and Shortened Filing Deadline
The typical statute of limitations for maritime cases requires that a lawsuit be filed within three years of the date that the cause of action accrued. However, the cruise line ticket contract typically imposes a shorter statute of limitations, often requiring that a lawsuit be filed within one year of the incident. This might seem outrageous, but the contractually shortened statute of limitations has been challenged and found to be legally permissible. However, there may be exceptions or extensions for cases involving minors, so it is essential to consult with an experienced cruise injury attorney to understand the applicable deadlines.
Proving Negligence
To succeed in a personal injury claim, you must prove that the cruise line was negligent and that this negligence caused your child’s injury. This could involve demonstrating that the cruise line failed to maintain safe conditions, provide adequate supervision, or warn of hazards. Proving negligence in these cases takes a lot of work. The cruise lines vigorously defend their cases and do not often enter into quick and easy settlements.
Types of Damages
In cruise ship injury cases, compensation can cover medical expenses, pain and suffering, disability, disfigurement, loss of the capacity to enjoy life, mental anguish, lost wages (if applicable to parents), and future medical care or rehabilitation for the child.
Settlement vs. Trial
Many cruise ship injury cases are settled out of court. However, having an experienced attorney who is prepared to go to trial if necessary can improve the chances of obtaining fair compensation.
If your child is injured on a cruise ship, taking immediate and appropriate action is crucial:
1. Seek Immediate Medical Attention
- Visit the Ship’s Medical Facility: Ensure your child receives prompt medical evaluation and treatment.
- Follow Up with Medical Care: After disembarking, seek further medical attention as needed and obtain detailed medical records.
2. Report the Incident
- Notify Cruise Ship Staff: Inform the nearest crew member or security officer about the accident.
- File an Official Report: Ensure that a formal report is filed and request a copy for your records.
3. Document the Incident
- Take Photos and Videos: Capture clear images and videos of the accident scene, your child’s injuries, and any contributing factors.
- Gather Witness Information: Collect contact details and statements from any witnesses to the incident.
4. Preserve Evidence
- Secure Physical Evidence: Keep any items related to the accident, such as clothing or personal belongings. Store relevant evidence, like your shoes in a slip and fall case, in a sealed plastic bag and do not wear them again until your claim is concluded.
- Request Surveillance Footage: Ask the cruise line in writing to preserve and provide any available security camera footage of the incident if possible.
5. Consult with a Miami Cruise Ship Injury Lawyer
- Seek Legal Advice: Contact an experienced maritime lawyer who specializes in cruise ship injury cases involving children.
- Understand Your Rights: Get a clear understanding of your legal rights and the steps to take to pursue a claim.
Why Choose Our Miami Cruise Ship Injury Attorneys
Navigating the legal complexities of a cruise ship injury case involving a child requires specialized knowledge and experience. The unique considerations of parental responsibility, forum selection clauses, statute of limitations, and proving negligence make these cases challenging. Choosing a knowledgeable maritime attorney, especially one based in Miami, can provide the expertise and local insight needed to successfully pursue legal action and secure the compensation your child deserves.
Miami is home to the headquarters of many major cruise lines, and the U.S. District Court for the Southern District of Florida is often the only proper jurisdiction for filing cruise ship injury lawsuits. Our attorneys have local expertise and familiarity with these courts, as our offices are based in South Florida. Flanagan & Bodenheimer Injury and Wrongful Death Law Firm has a proven track record of successfully handling cruise ship injury cases and securing millions of dollars in compensation for clients. We provide personalized, compassionate, and effective legal representation to ensure you and your child receive the justice and compensation you deserve.
If your child has been injured on a cruise ship, don’t navigate the legal waters alone, contact Flanagan & Bodenheimer at 305-638-4143 today for a free consultation. Let our experienced team guide you through the legal process and help secure the compensation your child needs to recover and move forward.
