Residents of New York who get injured on cruise ships might now be able to hold the cruise company liable. A 2021 ruling has allowed an injured passenger to hold a cruise ship company vicariously liable.
What did the court decide on the injured passenger?
In 2021, an appeals court decided that a woman’s personal injury lawsuit could go forth. The court decided that if a passenger suffers a personal injury while on a cruise, the company could be held vicariously liable for personal injury caused by cruise ship employees.
The appeals court stated that there is no need for constructive notice in cases where the theory of direct liability is in place. By contrast, it determined that the injured victim could follow through with her lawsuit due to the vicarious liability of the employee.
How did the injury occur?
The woman on the cruise was reportedly dancing in a competition with a Norwegian Cruise Lines employee and fell when her dance partner spun her in his arms. She hit her head after falling backward and later filed the lawsuit on claims that the cruise ship employee’s negligence led to her traumatic brain injury.
Although the judge who overheard the original claim denied the lawsuit, the appeals court has since reversed the decision. The woman can now seek to recover damages from the cruise ship company as it is vicariously liable for the injuries.
If you have suffered injuries due to an employee’s negligence while on a cruise, you should protect your rights. There are provisions in the law that may allow you to hold the cruise ship company liable.