CRUISE SHIP PASSENGER INJURY, WRONGFUL DEATH AND ADA ATTORNEYS
Every year, millions of Americans travel on luxury liners and other cruise ships. Passengers suffer serious injury, illness or death during virtually every voyage due to the negligence of the ship operator. Passenger ships, subject to the laws of the United States, are required to comply with the Americans with Disabilities Act. Many disabled Americans are denied proper disability accommodation aboard ships. Successfully claiming for money damages requires knowing the maritime law and the details of how the cruise industry really operates. Consider: (1) Cruise ships’ benefit from a shortened statute of limitations, the date on which a claim expires if not settled or suit filed first. As a result, if you have been injured on a cruise ship, the sooner you get in contact with a maritime lawyer, the better your result is likely to be. (2) Generally speaking, cruise ship litigation takes place in the “home city” of the company regardless of where your boarded the ship or where you live. Claims against the larger American-based cruise lines are often filed in courts in Miami (Florida), Orlando, Seattle or Los Angeles. (3) Witnesses to the accident may be located all over the world. (4) When passengers are injured or wrongfully die during cruises in foreign waters, such as in the Mediterranean, Europe, China, Scandinavia, Asia, Mexico and Latin America, complex issues of which law to apply, what treaties are applicable and which court can hear the case all must be answered.
Attorney Arnold I. Berschler has successfully represented passengers who have been injured on cruise ships, party boats, sightseeing boats, yachts, and excursion vessels. We work to recover money damages involving all sorts of claims, ranging from slip-and-fall accidents, through sexual assault to denial of accommodations for the disabled. Berschler Associates, PC also represents crew members of cruise ships who have been injured in the course of work.
Examples of successful outcomes: Our client slipped and fell on the deck of a cruise ship while family members were walking within a foot in front of her and did not slip. She broke her leg. Attorney Arnold I. Berschler went down to San Diego with our firm’s expert to inspect the ship. Initially, the teak deck appeared to be constructed properly. However, after getting down on his chest and putting his cheek against the deck, attorney Berschler saw that the deck planks were installed upside down. This caused the water to pool, a subtle, but dangerous condition; especially, when this client was wearing brand new deck shoes. A settlement of reasonable money compensation resulted. Another example, our client and her husband flew to the PRC – China – and took a cruise on the Yangtze River aboard a Chinese owned ship, where he died because of inferior medical services aboard the vessel. We were able to show that a New York court had the power to hear the case. We filed suit and settled for the limits capped by the Athens Convention, an applicable treaty. In another example, our client booked directly through the cruise line, reserving a room with physical disability accommodations. On boarding, the room was not provided. This case resulted in a reasonable money compensation settlement.
If you or a loved one has suffered an injury or wrongful death aboard ship, call 800-338-1441 or e-mail our maritime and admiralty law attorneys to set up a consultation with a maritime law attorney. The consultation is free. In personal injury and wrongful death cases, we usually offer contingency fees (no attorneys fees up-front).
Our law firm practices in Los Angeles, San Francisco and throughout California. When representing clients outside of California, we associate with local counsel, at no extra charge, to effectively help you.
If you or a loved one has suffered an injury at sea or on other navigable waters, call or e-mail our maritime and admiralty law attorneys to set up a consultation. We will either answer your call immediately or return your call within 24 hours. The consultation is free. In personal injury, wrongful death and/or maintenance and cure cases, we usually offer contingency fees (no attorneys fees upfront)