Cruise Ship Accident Lawyer

Whether you’re a passenger on a cruise ship or a member of the crew, pursuing a claim for an onboard injury may feel daunting, but we are here to help. We have an unparalleled success rate and we are confident in our ability to help you or your family to obtain a successful outcome.

Our attorneys are common fixtures on a number of national news and talk shows as expert guests for maritime matters, and our founder, Charles Lipcon, has successfully handled a number of landmark cases that have shaped the way our country handles maritime law.

Read more below to get a better idea of why a maritime lawyer headquartered in Miami, Florida is such an important asset after an accident, and how we can help you get the compensation you deserve. Contact us as soon as possible to request a free consultation so we can put our experience to work for you.

This list is not all-inclusive, but rather, it comprises some of the largest cruise lines our attorneys routinely sue. However, our cruise ship attorneys also have experience with litigating claims against third-party vendors that often contract with major cruise lines such as Starboard Cruise Services, which is a third party retail company that often contracts with many of the major cruise lines to provide onboard retail services. So, regardless of how you were injured or who is responsible, you should always contact the maritime accident lawyers at Lipcon, Margulies & Winkleman, P.A. to have your claim evaluated by an experienced attorney for cruise ship accidents who can help you understand your legal options. We can help you from our Miami, Florida Headquarters, or one of our other 7 offices nationwide.

In fact, our clients appreciate the confidence that comes with knowing that all of our attorneys are experienced and familiar with the laws and regulations that will affect their case. The level of knowledge and expertise our cruise ship lawyers possess is further demonstrated by that fact that our attorneys are regularly featured in the media for their superior knowledge of maritime law, and as most accident victims know, having an experienced lawyer on your case is an essential element to ensuring that your case reaches a resolution that benefits you, the victim.

It is important to work with an attorney who is experienced in maritime law if you have been involved in a cruise ship accident because maritime and admiralty laws are highly specific.

When you hire Lipcon, Margulies & Winkleman, P.A., you can be confident knowing that you are working with a law firm that boasts 5 “Best Lawyers” ® including our founder, attorney Charles R. Lipcon, named “Lawyer of the Year” ® in Admiralty & Maritime for 2020 by US News & World Report.

Some of the locations where we most commonly file our cases and represent clients include the following:

• Miami
• Houston
• Los Angeles
• Atlanta
• Seattle
• Hawaii

Keep in mind that due to the complex and often international specifics of admiralty and maritime law, your case may or may not be litigated in any of these locations, however when you consult with us, we will be happy to provide specifics in regards to your case.

The ticket

You will receive a multi-page ticket with extremely small print that virtually no one ever reads. Read it. Some very important rights are affected by this ticket. If you become sick or injured due to the fault of the shipping company a lawsuit must be filed within one year or you are out of luck. Many people, including many lawyers, miss this provision in the ticket. After one year, you are out of luck. There are a few exceptions which only apply in rare instances.

Applicable law

On the cruise ship, don’t think that you are in the United States. Look at the flag of the vessel. If it is Bahamian, you are in the Bahamas. If it is Panamanian you are in Panama. There are certain exceptions to this, but not many.

Medical care

Just because the doctor wears a nice uniform and works in the ship’s hospital, don’t assume he really knows what he is doing. If you have a medical condition, research the standards of the shipping company that you are sailing with. Some are better than others. If you have a heart condition, you don’t want to be on a ship that uses psychiatrists, as an example, as a ships doctor.

Crimes

These occur on ships just like anywhere else. Be aware that the same crimes that occur on land can occur on a ship. Be tuned into this so that you do not become a victim. The same goes for your children. Make sure that they are never alone and under supervision. Sexual assaults against children occur even at a young age. Both boys and girls. Don’t just open your cabin door without knowing who is there. Don’t leave your cabin unlocked. Don’t take your safety for granted.

If something does go wrong, do not think the shipping company is motivated solely to help you
In our experience, anytime there is an accident or crime onboard a cruise ship, the first instinct of the company/defendant  is to protect themselves.  They will gather evidence to use against you, including putting an accident statement form in front of you that phrases the questions in a way to try to get you to answer in a way that hurts any case against them. You can protect yourself by taking photographs of the incident area, and getting the names, addresses, and telephone numbers of any  witnesses.  Your very next move should be to contact an experienced maritime attorney to advise you on the proper steps to take.

Where to file suit

The cruise line ticket can specify where suit has to be filed. Most of the large cruise lines specify Miami, Dade County, Florida. If suit is filed in the wrong location and one year has gone by, you could be thrown out of court and it will be too late to file in the correct location.

These are just a few matters to keep in the back of your mind. Hopefully, you will not have to worry about any of these things. However, it is better to be aware of your rights than to stick your head in the sand.

Bon Voyage.

3 Year Old Sexually Assaulted on a Disney Cruise Ship

Michael A. Winkleman is currently representing the Vermont-based family of a child who was sexually assaulted on board a Disney cruise ship by an older child, in an incident that the staff onboard did not do their due diligence to prevent. Despite the fact that a CCTV video of the despicable January 2020 incident was seen by the victim’s family, Disney simply says it does not exist. Despite this blatant attempt to silence the victim and avoid being held responsible, our attorneys won’t back down.

Our lawsuit is founded on the basis of clear wrongdoing. We’re not intimidated by large corporations like Disney. This case and many other similar ones on various ships are currently ongoing.

A Passenger Alleges She Got HIV After Being Raped By A Princess Crew Member

Our law firm is currently representing a woman who was raped by a crew member and contracted HIV while aboard a Princess Cruises ship in January 2022. Michael A. Winkleman is currently representing the woman in her lawsuit alleging she was raped by a cruise member while she was visibly intoxicated and the sexual assault resulted in her contracting the virus.

This isn’t the first time our lawyers have gone up against Princess Cruises after a passenger alleges she was raped by a crew member, and it certainly won’t be our last. According to the Department of Transportation (DOT), sexual assault is consistently the most commonly reported crime aboard large cruise ships. This case is currently ongoing, and we are working diligently to get her the financial support and emotional care she needs in such a devastating time period.

Royal Caribbean Shore Excursion to White Island Volcano in New Zealand Results in Catastrophic Injuries and Deaths

For years, Royal Caribbean and its tour contractors sold excursions to White Island to see a live, active volcano until tragedy struck on December 9, 2019. The volcano violently erupted, spewing ash and hot gas onto tourists, including 38 vacationers from Royal Caribbean’s Ovation of the Seas. Nearly two dozen people suffered fatal injuries. Survivors sustained burns so severe that dozens of square meters of transplantable skin had to be flown in for grafting surgeries, according to court documents.

Victims and family members of those killed are now pursuing a string of lawsuits to hold Royal Caribbean liable in its home base of Miami, where the company operates a flagship cruise terminal and corporate offices. We have settled some of these cases and others are still ongoing.

Coronavirus Class Action Lawsuit for Hundreds Injured and Killed on the Costa Luminosa

The Costa Luminosa set sail from Ft. Lauderdale on March 5, 2020, despite the fact that Costa Cruise Lines knew that at least one of the vessel’s passengers from its previous voyage had shown symptoms of COVID-19. When passengers called and expressed hesitation about traveling on the cruise, Costa Cruise Lines misrepresented to them that the vessel was completely safe and that passengers would not be allowed to cancel their trip without forfeiting the money they had already paid.

The Italian Court has approved our Class Action in an order which you can see here.

This means that all of the passengers aboard this ill-fated cruise now have a right to join this class action and obtain compensation including reimbursement of the cost of the cruise as well as compensation based on unfair commercial practices and a ruined holiday.

Importantly, if any passenger wants to join the class action, they must do so by September 15, 2023.

Carnival Triumph Fire

Though no one was killed in the 2013 fire aboard the Carnival Triumph, over 3,500 people were left stranded in the middle of the Gulf of Mexico with barely anything to eat and forced to endure awful sanitary conditions.

This event was highly publicized as the powerless ship was dragged across the Gulf of Mexico.  We successfully represented hundreds of Carnival passengers in their claims against Carnival.

SS EL Faro Disaster

On October 1, 2015, the cargo ship El Faro sank during Hurricane Joaquin near the Bahamas. The vessel had departed from Jacksonville, Florida bound for San Juan, Puerto Rico carrying a crew of 33 people and a cargo of 391 containers. All 33 people on board were killed in the disaster when the vessel took on water and started to experience propulsion issues while directly in the eyewall of the hurricane. We were honored to have successfully represented the families of a significant number of the crewmembers who died on that ill fated voyage.

In the aftermath of the disaster, it became clear that the 33 crew members were not provided sufficient protection from the perils of the storm by their employer, US-based Tote Maritime, and were placed directly in harm’s way by the ship’s captain, Michael Davidson. It was later determined that Davidson’s decision to depart from Jacksonville was unreasonable given the number of options available to avoid the storm, but the captain ignored these options and instead placed the vessel directly in the path of the hurricane.

Understanding the Statute of Limitations For Cruise Ship Accidents

Cruise ship accidents and claims involve unique aspects of maritime law that apply only to cruise ships, which is why these types of cases are sometimes referred to as falling under cruise ship law. While much of the general maritime law applies to cruise ship injury cases, there are special circumstances that apply just to events that occur on cruise ships.For example, cruise lines always insert special provisions into their passenger ticket contracts, which is generally a permitted practice under federal law, that shorten the length of time in which a passenger may file a lawsuit against the cruise line to one year, whereas the normal statute of limitations for admiralty and maritime matters is three years.

If you have missed your deadline, however, all is not necessarily lost — depending on the circumstances, you may be able to show that the contract-based limitations period was unreasonable and unenforceable, or that you qualify for an exemption. This is one of the many reasons why working with an award-winning maritime attorney is essential for getting the compensation you deserve.

There are exceptions to these unique rules. For example, in Boehnen v. Carnival Cruise Lines Inc.778 So.2d 1084 (2001), Florida’s Third District Court of Appeals ruled that the shortened statute of limitations imposed on a passenger by way of the contract on a passenger’s ticket did not apply to mentally incompetent passengers that did not have a legal guardian appointed pursuant to 46 U.S.C.§ 183b(c). The various court decisions and laws that create exceptions to certain rules demonstrate why hiring an experienced cruise ship accident lawyer is one of the most important decisions you can make if you are harmed or injured on a cruise ship.

The Forum Selection Clauses On Your Cruise Ticket

Cruise lines always designate, within their passenger tickets, the only location where they can be sued. This is referred to as a forum selection clause. This can lead to all sorts of additional confusion, and — just as the cruise line legal teams designed this clause — can easily dissuade a victim from following up on legal action. When you are working with our team of award-winning attorneys, you can be certain that we will be able to represent you in a wide range of locations, both nationally and internationally, as the preeminent maritime attorneys in the United States.  Most cruise passenger tickets require cases to be filed in Miami, Florida.  Some require cases to be filed in California or Washington.  Fortunately, our firm has lawyers licensed in all of these locations precisely to be able to file lawsuits against any cruise line, nationwide.