Balmy breezes, fruity drinks and all you can eat buffets are what many New York residents think of when they plan their cruise vacation. While most passengers enjoy the trip with nothing more severe than a case of sea sickness, serious incidents can occur with devastating results. At Tabak Mellusi & Shisha LLP, we often represent clients injured while on vacation at sea.
According to FindLaw, you check the Terms and Conditions requirements on your ticket before filing a lawsuit. In some cases, you must provide notice of the injury and impending claim in writing within a specific timeframe. They may also have requirements about where you file the suit, such as a particular jurisdiction. The cruise line may have a mandate requiring arbitration instead of a court trial.
Although there have been recent media reports of passengers falling overboard, this is not the most common claim aboard ship. Cruise lines have a duty to care for you while on board. Injury claims generally focus on the fact that the vessel breached that duty. Cruise companies want healthy, happy passengers, so they typically take reasonable steps to ensure your safety. Properly storing and preparing food, using mats in wet areas and handrails throughout the vessel are common precautions.
When filing a claim, you must show that a breach of duty caused your injury or that negligence was a contributing factor. Otherwise, you may lose your suit. However, if facts and eyewitness testimony establish fault, you may win damages. Visit our webpage for more information on this topic.