We have successfully handled a range of commercial tort cases involving ships, as well as other land-based corporations and contracts.
The highest duty imposed by the law on an individual or company involves fiduciary law. Trust companies or bank investment companies have a fiduciary duty to their clients to act in their clients’ best interests. In the case of maritime law, companies that operate either as commercial pleasure cruises or for shipping goods are required to act in good faith, and abide by the contracts that they draft. Unfortunately, many cruise ships, for instance, use flags of convenience to bypass fair labor laws and other U.S. based laws that protect both workers and passengers.
When ships operate under foreign law, it can be difficult for workers or passengers to take legal action. Cruise ships often utilize crew contracts, as well as passenger ticket contracts to shield themselves from liability for negligent actions. Recently, these contracts have come under intense scrutiny by some U.S. judges. A contract must be drafted in a manner that is fair and ethical and many argue that passengers have no say in what is included in these contracts. Yet, these contracts can limit a victim’s ability to file a case regarding instances of injury, cruise ship rape and sexual assault, and other acts of violence. Fortunately a commercial tort attorney can help individuals fight improper business conduct that results in harm to others.
Whether you are trying to fight unfair wage practices, facing an injury due to poor working conditions, or have sustained an accident aboard a ship, Lipcon, Margulies, Alsina & Winkleman, P.A. will fight tirelessly to protect your rights. Our firm has successfully handled countless commercial tort cases involving maritime and land-based companies companies and has recovered more than $200 million dollars for clients*. We will assist you in obtaining justice.
Understanding Commercial Torts and Your Rights
Commercial torts involve contract law. Intentional interference with contractual relationships is an area that the contract lawyers at this firm have frequently dealt with. In these types of cases, often the elements of potential recovery are pecuniary in nature. This means that punitive damages are usually not awarded in contract disputes. Contract disputes often arise in maritime law cases because cargo companies and cruise lines frequently utilize crew contracts and passenger ticket contracts to protect them from lawsuits.
Fortunately, many of these documents do not specifically outline the duty the maritime operator has to protect both crew and passenger safety. Despite the clauses present in many of these contracts, victims do have rights when it comes to filing a claim against cruise lines for negligence. Lipcon, Margulies, Alsina & Winkleman, P.A. has years of experience handling a range of commercial tort cases for clients and understand what it takes to successfully litigate a contract law claim, whether the incident involves a sea or land-based matter.
Our Success Stories
Our firm has been highly successful in litigating contract cases. Each commercial tort lawyer at our firm works diligently to help our clients obtain justice. For instance, we have helped clients receive compensation for medical malpractice on board cruise ships even when the cruise line attempted to claim that the ship’s doctor was an independent contractor. We have also handled land-based claims, including a landmark hospital case in which a hospital was found to be in interference with business relationships, and was found guilty of civil conspiracy, restraint of trade, and breach of contract.
Some of the maritime and land-based companies we have successfully filed claims against include:
|• American Airlines
• Antillean Marine Shipping Corp.
• Carnival Cruise Lines
• Celebrity Cruises
• Costa Cruises
• Crowley Maritime Corporation
• Crystal Cruises
• Cunard Line
• Disney Cruise Line
• Florida Power & Light (FP&L)
• Holland America Line
• Maersk Lines Limited
|• Mercy Hospital
• Mount Sinai Hospital
• Norwegian Cruise Line
• Ocean Drilling & Exploration Company (ODECO)
• Princess Cruises
• Royal Caribbean International
• Silversea Cruises
• Starboard Cruise Services
• Steiner Transocean
• Sturm, Ruger & Co.
• Tropical Shipping
Our Firm is Committed to Seeking Justice for You and Your Loved Ones
If you are seeking to file a commercial tort case, our attorneys are ready and available to help. We are committed to offering you the superior legal counsel you deserve and are dedicated to protecting your rights. Contact Lipcon, Margulies, Alsina, & Winkleman, P.A. toll free today at (877) 233-1238 to schedule a free consultation to review your options in filing a case.
*Disclaimer required by the Florida Bar: The numbers above are the gross recoveries, before deduction for attorneys’ fees and expenses. Most cases result in a lower recovery. It should not be assumed that your case will have as beneficial a result.