Areas of Practice
The cruise ship injury lawyers of Lipcon, Margulies, Alsina & Winkleman, P.A have significant experience in handling injury and death claims arising from cruise ship shore excursions.
When a cruise passenger suffers injury while on a shore excursion, the resulting litigation is one of the most complex types of maritime personal injury cases. Shore excursion cases are a unique and complicated area of the law because they are incidents which occur in foreign countries and involve foreign shore excursion operators, which raise issues regarding personal jurisdiction; that is, whether a court in Florida has power over a foreign defendant. Cruise lines often argue that these shore excursion operators are wholly independent from the cruise lines and, as such, the cruise lines maintain that they have no legal responsibility to the passenger while they are off the ship on an excursion. However, when one examines the facts and relationship between the cruise line and the excursion provider, it is often apparent that the excursion operators are either agents of, or joint venturers with, the cruise line. The cruise lines earn large profits from the excursions and control nearly every aspect of the contractual relationship between themselves and the excursion company.
When an unfortunate incident occurs to a passenger on an excursion, the cruise line rejects blame, attempting to force a passenger to seek recovery against the foreign shore excursion operator. Worse yet, most of the foreign shore excursion operators maintain that they have insufficient ties to the United States which would support an American Court's jurisdiction over them, leaving a cruise passenger with effectively no recourse! However, an experienced maritime attorney can often navigate these rivers of legal deceit and establish jurisdiction over the excursion company; and prove the negligence of the cruise line and shore excursion operator. The lawyer can uncover the frequent contacts that these excursions have with the United States in order to establish the Court's jurisdiction over the foreign excursion providers. Through discovery into the process by which the cruise line should have investigated and established the safety of, and risks associated with, the excursion, the lawyer can pinpoint where the cruise line failed to provide for the health, safety, and welfare of its passengers. An experienced lawyer can hold these entities responsible for failing to exercise reasonable care to furnish a reasonably safe excursion and, after an accident, failure to furnish reasonable aid and assistance as ordinarily prudent persons would render under similar circumstances.
The maritime attorneys at Lipcon, Margulies, Alsina & Winkleman not only have extensive experience handling personal injury and wrongful death claims arising out of shore excursion accidents, but also have a proven track record of success in this area. We have established legal precedent in a number of landmark cases that were taken to trial on behalf of our clients, and in the process, we have helped shape the law in these matters, expanding the legal rights of all shore excursion victims.
We are representing a number of the victims in a recent Royal Caribbean shore excursion accident in which a bus crashed, leaving some of the 36 passengers with injuries that will affect the rest of their lives. We have handled other similar incidents involving crashes during shore excursions which left many passengers injured. We continue to work tirelessly on our clients' behalf in order to obtain for them the maximum recovery under the law, and to continue to try to expand the law regarding shore excursion liability.
If you have been the victim of a crime, accident, or incident that has resulted in any kind of injury during a shore excursion, contact our cruise ship lawyers as soon as possible after the incident so that we can help to preserve your rights and get you the compensation that you deserve.