Wilmington Cruise Ship Accident Lawyers | Wilmington Cruise Ship Injury Attorneys
Wilmington Cruise Ship Injury Lawyers | Clinton County Ohio Cruise Ship Injury Attorneys
When you go on vacation, you want peace, fun, and relaxation. This can be particularly true for Wilmington residents, who want to escape the hustle and bustle of a big city when they vacation. If you work and drive in Wilmington, you are probably trying to go to a quiet place where there are no busy interstates, rush hours, or crowds typical of a bustling metropolitan area like the Greater Wilmington and Clinton County areas. A cruise, for many people, can be the ideal escape for getting some much needed rest and relaxation.
A cruise liner get-away can be an enjoyable and fun vacation for a couple, family, or group of friends; however, cruises also account for a variety of serious accidents giving rise to personal injury claims and lawsuits. Wilmington Cruise Ship Lawyers are experienced in handling these types of cruise ship accidents and will know exactly how to proceed with your cruise ship injury case.
An ocean cruise should be a fun, relaxing, and all around enjoyable experience. But boating accidents and cruise ship injuries can abruptly end your dream vacation.
Whether you have been injured in a recreational boating accident, aas a member of a crew, or as a passenger on a commercial cruise ship, Wilmington personal injury lawyers are here to help you. However, recreational boating claims and Jones Act and General Maritime Law claims for injured seamen are distinct from cruise ship accident claims. If you have suffered an injury as a passenger aboard a commercial cruise ship and would like to pursue a claim, contact one of the qualified Wilmington cruise ship attorneys listed on this site today for a free initial consultation. Similarly, if you have a loved one who was injured or killed in a cruise ship vacation accident, a Wilmington maritime personal injury lawyer can help you.
What are some common claims made against cruise lines?
-
All sorts of injuries sustained while on board the cruise liner, due to cruise ship negligence
a. Slip & Fall Injuries due to wet or uneven surfaces aboard the ship, or due to the ship’s maneuvering
b. Swimming pool, water slide, wave pool, and similar accidents on the ship
c. Injuries due to dangerous conditions anywhere on the cruise ship - Injuries sustained at ports of call during excursions arranged and approved by the cruise line
- Contaminated food eaten on the ship, which may cause food poisoning or severe illness
- Physical and sexual assault and abuse by crew members employed by the cruise ship company
- Injuries due to Medical Negligence when people are treated on board a ship or when an ill person is left behind for treatment at a port in a foreign country and receives inadequate care, improper diagnosis, or improper treatment
How can you protect yourself as a cruise ship passenger?
One of the most important things you can do is to READ YOUR TICKET. Cruise tickets can often be very long and contain extremely important information. Because this information is often very small, most people never even read it; however, important legal rights can be affected by the language in this fine print.
Why hire a Wilmington, OH Cruise Ship Injury Lawyer?
As mentioned, fine print and legal jargon are pervasive on cruise line tickets and your legal rights are at stake. For example, if you become sick or injured while on board the ship and you believe the cruise ship company is to blame, you may only have six (6) months to file a claim. Although you may not have read this information prior to boarding the ship, or even after suffering your injury, a court will likely enforce this provision and you will be barred from filing your claim if you don’t act quickly. Apart from this time limitation, there may be a variety of other complicated, fine print provisions on your ticket that will affect your rights. Additionally, there may be a number of parties you wish to name as defendants in your lawsuit, and your Wilmington injury lawyer will be able to advise you on which parties to name. It may make sense, for example, to sue both the cruise ship owner or company and the company that chartered the vessel. Call one of the experienced Ohio cruise ship lawyers listed above for a free initial consultation.
What if I have been injured while working aboard a cruise ship or other vessel?
If you are an employee of a cruise line injured on the job, or any other type of worker aboard a cruise ship, barge, container ship, oil rig, tug, or any other type of vessel, you may have a Jones Act claim against your employer. Jones Act claims are the maritime equivalent of workers’ compensation, but may allow for other damages. For more information on whether you qualify as a Jones Act seaman who can receive compensation under the Act, click here.
Deaths on the High Sea Act (DOHSA) - Wrongful Death at Sea
The Death on the High Seas Act, or DOHSA, applies to any death occurring beyond 3 nautical miles from the shore of any State or U.S. Territory. Liability under DOHSA may be premised on a variety of legal theories, including negligence, unseaworthiness if the decedent was a seaman, intentional conduct, strict liability, or products liability. Moreover, DOHSA is a broad Act that applies to nearly all decedents whose death occurred on the high seas no matter if they are maritime workers or non-maritime workers. One notable exception is that workers on certain oil rigs or platforms may be covered instead under the Outer Continental Shelf Lands Act (OCSLA). DOHSA may also apply to aviation accidents that occur beyond 12 nautical miles from the U.S. shore. In these cases, application of DOHSA may actually limit recovery for the families of those killed in a plane crash from those in a general wrongful death case. In addition to other types of maritime deaths, Wilmington Maritime Attorneys experienced in DOHSA will know how best to handle an aviation accident at sea and can help you if you have suffered such a loss.
As mentioned, DOHSA, enacted in 1920 as a response to the Titanic sinking, is an outdated and archaic statute that can sometimes be harsh. For example, DOHSA only provides for the recovery of monetary damages, such as burial costs and lost wages, and does not provide for the recovery of any non-pecuniary damages like the care, comfort, and the companionship of the deceased loved one. Similarly, punitive damages or pre-death pain and suffering damages are also not available under DOHSA. For more information the damages recoverable in a general wrongful death case where DOHSA does not apply, click here. However, since the BP Deepwater Horizon Disaster, a number of changes and amendments to DOHSA have been proposed to make DOHSA’s compensation scheme more modern and equitable. Click here to read a CNN article discussing potential amendments to DOHSA since the Deepwater Horizon oil spill.
What all this means for you if your loved one died aboard a cruise ship or other type of boat beyond 3 nautical miles from the U.S. shore is complicated. The cruise lines make it difficult to recover for a wrongful death claim and are lobbying against amendments to DOHSA. This is why it is absolutely critical that you act quickly and hire an experienced cruise ship lawyer to fight the cruise line on your behalf. Wilmington cruise ship attorneys can help you navigate the legal system after suffering a loss and get you the maximum compensation possible if your loved one has died due to cruise ship negligence.
Resources for Wilmington Ohio Cruise Ship Injury Victims: |
Cruise Line International Association (CLIA)
Cruise Line Links:Carnival Cruise Lines, Norwegian Cruise Lines, Royal Caribbean International |
How can you find a qualified Wilmington Cruise Ship Injury Lawyer or Wilmington OH Cruise Ship Accident Attorney near you?
Serving clients throughout Southwestern Ohio, including Beavercreek, Carlisle, Centerville, Cincinnati, Columbus, Dayton, Delhi, Fairborn, Fairfield, Florence, Forest Park, Gahanna, Goshen, Hamilton, Highland Heights, Hillsboro, Huber Heights, Independence, Kettering, London, Mason, Miami Heights, Middletown, Mount Orab, New Moorefield, Norwood, Pickerington, Piqua, Reynoldsburg, Springfield, Trotwood, Upper Arlington, Urbana, Westerville, Wilmington, Xenia, and other communities in Clinton County.
Contact one of the qualified Wilmington, Ohio personal injury lawyers listed on this site. Hiring an experienced Wilmington injury attorney will help you learn all your legal rights and options. These experienced Wilmington trial lawyers will zealously pursue your claim. Call now for a FREE INITIAL CONSULTATION.