Lawyer Monthly - March 2023

What are the most common kinds of accidents that occur on a cruise ship? I would say the most common accident on a cruise is a slip and fall accident. There are a lot of slip and fall hazards. For example, on the pool deck, there is water and spillage of suntan lotions, drinks and many and other substances. In a hotel such as the Marriott where you might see concrete surfaces around the pool area to make it less slippery, the cruise ships tend to use surfaces that get unreasonably slippery when wet or foreign substances get on the deck. Also, in the casinos and in other areas where they serve food and drinks, there is a lot of heavy traffic and often spillage of liquids or food onto the floor. Cruise lines tend to use surfaces that are designed for appearance, such as nice shiny marble. Therefore, slip and fall hazards are often encountered by a cruise ship passenger, resulting in a large number of slip and fall accidents on cruise ships. What potential damages are available for an injured party in this situation? If a cruise ship passenger does suffer personal injury during a cruise and a negligence case is brought against the cruise line, the typical damages will include what is called economic damages such as lost wages, medical bills and other expenses. There are also non-economic damages, which refers to damages for the human elements associated with an injury, which include pain, suffering, disability, disfigurement, inconvenience, mental anguish and inability to lead a normal life. In what circumstances might the cruise company itself be considered liable for the injury in question? A cruise ship is liable for an injury only if they are negligent. Negligence is the failure to exercise reasonable care for the safety of the passenger and will depend on the facts of each specific case. A passenger must prove the cruise line did something it should not have done or failed to do something it should have done. So, for example in a slip and fall Unravelling Cruise Ship Injury Claims 46 LAWYERMONTHLYMARCH 2023 Accidents and injuries that occur while on cruise ships present extreme difficulties for those affected. Taking place far from home and often wholly unexpectedly, victims can sometimes feel overwhelmed or uncertain of the steps they should take following their injury. This month we speak with Brett Rivkind, one of the most experienced maritime lawyers in the US, on the finer points of litigating personal injury cases that take place on a cruise ship and what victims should expect. Expert Insight

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