Cruising with a Bruising Series: Bird’s Eye View from a Miami Cruise Ship Lawyer

Cruise vacations do not always go smoothly for families. We know because we represent injured passengers from all over the world. Accidents and injuries are more common aboard cruise ships than most people might think. You expect people to get injured doing adventurous activities like zip lining, parasailing, and scuba diving, but how about just walking through the ship and the ceiling collapses? Or how about just walking into an elevator and it doesn’t level correctly causing you to trip and fall breaking your ankle and wrists. Anything can happen on a cruise ship and does – from food illness to sexual assaults to medical negligence, to gangway collapses. We have seen it all.

A bucket list dream vacation can easily turn into a nightmare in a foreign land. At Perkins Law Offices, we focus in representing clients injured on cruise ships, leveraging over 20 years of aggressive legal advocacy to secure justice and compensation or injured cruise passengers as well as inured crew members. As an AV Preeminent-rated cruise ship injury lawyer based in Miami, Florida, Alex Perkins has built a reputation for taking on major cruise lines like Carnival, Royal Caribbean, Norwegian, Celebrity, Viking, Disney, Regent, Princess Cruises and MSC, delivering exceptional results backed by five-star Google reviews from satisfied clients. Perkins Law Offices is Miami’s premier choice to be your cruise lawyer.

Cruise ships are floating cities, and with thousands of passengers and crew, accidents are not uncommon. At Perkins Law Offices, we handle a wide range of cruise ship injury claims, including:•  Slip and Fall Accidents: The most common cruise ship injuries occur on slippery surfaces, particularly on the lido deck near pools and hot tubs or on gangways during boarding and disembarking. Inadequate maintenance, poor signage, or failure to address hazards like wet floors can lead to severe injuries such as fractures, head trauma, or spinal damage.

•  Trip and Fall Incidents: Uneven flooring, poorly marked thresholds, or faulty handrails on staircases and gangways often cause passengers to trip, resulting in broken bones or concussions.

•  Gangway Accidents: Gangways, used for boarding and exiting the ship, are notorious for causing injuries due to improper maintenance or inadequate slip resistance.

•  Failure to Evacuate: In emergencies like when a passenger becomes ill or injured and  needs a higher level of care and the ship fails to make a transfer or medivack arrangement. Or if fires or mechanical failures occur, cruise lines must execute timely evacuations. Negligence in these situations can lead to catastrophic injuries.

•  Medical Negligence: Onboard medical facilities are often under-equipped, and staff may lack the expertise to treat serious conditions, leading to worsened injuries or wrongful death.

•  Sexual Assault: Inadequate security or negligent hiring practices can result in assaults by crew members or other passengers, leaving victims with physical and emotional trauma.

•  Other Claims: We also handle cases involving food poisoning, shore excursion accidents, allergies and crew member injuries under the Jones Act, ensuring comprehensive representation for all maritime injury victims.

With our office strategically located just 10 minutes from PortMiami and the federal courthouse, Perkins Law Offices is uniquely positioned to investigate claims, preserve evidence, and litigate against cruise lines in the heart of the cruise industry.

Yes, you can sue a cruise ship for an injury. More specifically, you can sue the cruise line or excursion operator. These cases are complex due to maritime law and contractual limitations. Cruise lines owe passengers a duty of reasonable care under the Kermarec rule, established by the U.S. Supreme Court in 1959. To succeed in a negligence lawsuit against the cruise line the first step is usually understanding overcoming jurisdictional issues that can vary depending on the nature of the accident (think excursion versus on board),  location of the incident and ship, the ports visited on the voyage(whether it touched a port in the United States versus only in Asia, Europe, or South America can be a key distinction  in what ticket provisions control the litigation), and also sometimes the nationality of the injured party and the incorporated citizenship of the cruise line. In any negligence case against the cruise line under general maritime law, it is much like proving negligence on land, and four elements of negligence must be met:

1.  Duty of Care: The cruise line was responsible for ensuring your safety.2.  Breach of Duty: The cruise line failed to maintain safe conditions (e.g., neglecting a slippery deck or providing inadequate medical care).

3.  Causation: The breach directly caused your injury.

4.  Damages: You suffered measurable harm, such as medical expenses, lost wages, or pain and suffering.

However, cruise tickets are contracts that limit and add strict terms, including:

•  Statute of Limitations: Most cruise lines require written notice of a claim within 180 days and a lawsuit filed within one year of the incident. Missing these deadlines can bar your claim.•  Venue Restrictions: Major cruise lines like Carnival, Royal Caribbean, and Norwegian mandate that lawsuits be filed in federal court in Miami, Florida, regardless of where the injury occurred.

Navigating these legal mazes requires an experienced cruise ship accident lawyer. At Perkins Law Offices, we’ve spent over two decades battling cruise lines, securing settlements for clients injured due to negligence or intentional misconduct. Our deep understanding of maritime law and familiarity with Miami’s federal courts give us a distinct advantage in holding cruise lines accountable.

If you’re injured on a cruise ship, immediate action is critical to protect your health and legal rights. You obviously want to report that the incident occurred, especially if you need help. It also serves to document that it did indeed happen because a cruise line will be able to challenge whether the event happened at all if it wasn’t reported contemporaneous. This also gives the opportunity to the cruise line to photograph the scene of the accident as well as to preserve CCTV footage, which may help your case. Technically, the injured passenger is not entitled to obtain any security footage, even though the incident may have been captured on video because it is considered proprietary or work product privileged until such time as a lawsuit is filed and then it will be exchanged. A common misconception with our clients that they are entitled to their own incident report and the CCTV security footage on the ship. This is just not true under the law. An injured passenger is only entitled to a copy of their own statement. Until a lawsuit is filed, there is no duty to exchange discovery.  Not having access to the CCTV footage can be a problematic if your client does not remember the incident very well or incorrectly remembers it, and the video shows it happening differently. This can be fatal to your case and can impeach the credibility of the passenger, a cruise lawyers worst nightmare.

Another issue when reporting the incident of the cruise line is the mistake of blaming yourself for an incident that you did not cause. When the cruise line security team gives an incident form to fill out to a passenger, it often asks “who do you blame for the incident”. And your only options are to either check the box that says “yourself” or “other”. There is no box to check the cruise line. This is done purposely. Therefore, be very careful when filling out incident reports and do not put blame on yourself. Do not underplay the incident and make sure you report as clearly as possible the reason for the incident and why you believe it is the cruise line’s fault.

The medical staff, including the doctors and the security personnel, and essentially all crew members are trained in risk management. They essentially are not there to help you once you are injured, but rather to mitigate any potential for a claim against the cruise line. My clients often feel like once they are injured they become the accused and get interrogated by the security personnel or medical staff. The first question the security ask to my clients who sustain an injury, especially in a slip and fall or other type of fall injury, is whether they had been drinking alcohol and how much. Often times the cruise line will perform a breathalyzer or blood test.  Obviously being intoxicated can be a bar to any recovery in a personal injury action.

1.  Seek Medical Attention: Visit the ship’s infirmary for treatment and request a copy of your medical report. Follow up with onshore medical care if needed, as shipboard facilities may be inadequate.2.  Report the Incident: Notify cruise ship security or management and request an official incident report. This documentation is vital for your claim.

3.  Document Everything: Take photos of the accident scene (e.g., wet floors, broken railings), your injuries, and any contributing factors. Collect contact information from witnesses, including passengers and crew. Preserve physical evidence, such as the shoes you were wearing in a slip and fall case, as cruise lines often blame footwear like flip-flops or sandals.

4.  Review Your Ticket Contract: The passenger ticket contract outlines claim deadlines, venue requirements, and liability waivers. Avoid signing any documents or giving statements to the cruise line without legal counsel, as they may try to limit their liability.

5.  Consult a Cruise Ship Injury Lawyer: Maritime law is intricate, and cruise lines employ aggressive defense tactics. A Miami cruise ship lawyer like Alex Perkins can evaluate your case, gather evidence, and ensure compliance with strict deadlines.

Without prompt action, critical evidence may be lost, and your claim could be jeopardized. Perkins Law Offices advises clients to act quickly, leveraging our seamless electronic sign-up process and proximity to PortMiami for rapid case investigation. Our firm has successfully handled hundreds of claims, from slip and fall cruise  cases to complex medical negligence lawsuits, ensuring victims receive the compensation they deserve.

Most cruise ship injury lawyers, including Perkins Law Offices, work on a contingency fee basis, meaning you pay no upfront fees or out-of-pocket costs. Here’s how it works:•  Contingency Fees: The lawyer’s fee is a percentage of the settlement or verdict, typically starting at  33% under bar rules for contingency fee contracts  depending on the case’s complexity and whether of it goes to lawsuit, trial or appeal the percentage can increase— If there is no recovery, you owe nothing.

•  No Retainer or Hourly Fees: Unlike other legal fields, personal injury attorneys do not charge retainers or hourly rates, making legal representation accessible to all victims. meaning there are no strings attached and nothing comes out of the clients own pocket.

•  Case Expenses: Costs like expert witness fees, court filings, or travel expenses are advanced by the law firm and reimbursed from the settlement. At Perkins Law Offices, we cover these costs upfront, ensuring financial barriers don’t prevent you from pursuing justice.

Our transparent fee structure aligns our interests with yours—we only get paid when you win. With over millions recovered for clients across various maritime cases, Perkins Law Offices has a proven track record of maximizing compensation while keeping costs clear and manageable.

Hiring an offshore accident lawyer like those at Perkins Law Offices follows the same contingency fee model as other cruise ship injury cases. There are no upfront costs, and fees are only collected if we secure a recovery. The cost to hire us is zero dollars. Yes, it’s hard to believe but personal injury cases are different than all other types of cases when it comes to paying the lawyer to bring your case.Perkins Law Offices stands out for its ethical practices and client-centric approach. Our five-star Google reviews highlight our dedication to personalized service, clear communication, and aggressive advocacy. Unlike firms that refer cases out, we handle every aspect of your claim, from evidence preservation to courtroom litigation, ensuring the best possible outcome.

Choosing the right cruise lawyer is critical to the success of your claim. Here’s why Perkins Law Offices is the top choice for injured cruise passengers:•  Over 20 Years of Experience: Alex Perkins has aggressively fought cruise lines for two decades, earning an AV Preeminent rating for legal excellence and ethics.

•  Proven Results: We’ve secured significant settlements and verdicts, including cases involving slip and falls, medical negligence, and sexual assault, with millions recovered for clients.

•  Miami Advantage: Based in Miami, the cruise capital of the world, we’re minutes from PortMiami and the federal courthouse, enabling rapid response and expert navigation of local courts.

•  Client Satisfaction: Our five-star Google reviews reflect our commitment to compassionate, results-driven representation.

•  Comprehensive Representation: From slip and fall cases to complex maritime claims, we handle all aspects of your case, ensuring no detail is overlooked.

•  No Risk to You: Our contingency fee model means you pay nothing unless we win, making justice accessible to all.

If you or a loved one were injured on a cruise ship, don’t let strict deadlines or cruise line tactics prevent you from seeking justice. Contact Perkins Law Offices today for a free consultation. Call (305) 741-5297 or visit PerkinsLawOffices.com to schedule your case review. Our team is ready to fight for the compensation you deserve, backed by over 20 years of experience and a passion for holding cruise lines accountable. Act now—time is critical in cruise ship injury claims.