Areas of Practice
Cruise Ship Accident & Claims
At Lipcon, Margulies, Alsina & Winkleman, P.A., you will find a cruise lawyer with extensive experience in litigating admiralty and maritime cases in the cruise line context.
Cruise ship accidents and claims involve a part of maritime law that pertains to cruise ships only. While much of the general maritime law has general application to cruise ship matters, there are special laws that apply just to cruise ships. For example, cruise lines often insert special provisions into their passenger tickets (which are authorized by United States federal statutes) that shorten the time in which a passenger may file a law suit against the cruise line to one year. The normal statute of limitations for admiralty and maritime matters is three years. Also cruise lines can designate, within their passenger tickets, the only location where they can be sued. This is referred to as a forum selection clause.
Most of the major cruise lines are based in Miami, Florida and designate Miami as the location where the suit must be litigated. In almost every case where passengers have been unaware of the cruise lines forum selection clause or have otherwise chosen to ignore it and filed a lawsuit in another jurisdiction, the lawsuit has been dismissed leaving the passenger with no means of recovery against the cruise line. Our experienced lawyers will put their knowledge to work and help you with your maritime legal issues.
Also, almost every cruise line vessel is registered in a foreign country and flies a foreign flag. Your cruise lawyer warns that the law of the country of registration of the vessel could potentially apply to events on cruise vessels and could potentially be more favorable to the claimant than United States law. This creates many opportunities for experienced admiralty attorneys and many obstacles for those attorneys who are unfamiliar with maritime law. For example, a ship that begins its voyage in Miami could have Florida law, United States law, or the law of the flag country and international treaties apply to events and occurrences which happen aboard the ship.
Maritime law is very specialized and confusing, even to lawyers who are familiar with this area of law. There are things you can do as an aware and alert cruiser to avoid injury while vacationing on a cruise ship. All of our attorneys are experienced and familiar with the laws and regulations that will affect your case. Our lawyers are regularly featured in the media for their superior knowledge of maritime law. Having an experienced lawyer on your case is essential to ensuring your case resolves with the best possible outcome for you, the victim.
At Lipcon, Margulies, Alsina & Winkleman, P.A., we are dedicated to helping all who experience an injury on a cruise ship to recover the compensation they deserve for their pain and suffering. Our firm is AV-rated, meaning our lawyers maintain the highest level of ethics in all we do and that we work diligently to make sure your rights are fully protected.
For more information on your cruise accident and cruise injury claim options, contact a cruise lawyer from our firm for a free consultation today.