More coverage and opinion regarding Franza v. Royal Caribbean, this time in Workboat.com. Read the article here.
Waks and Barnett, P.A. was instrumental in pushing this case toward the 11th Circuit Court of Appeals on behalf of its client. The resulting decision, allowing victims of medical malpractice and negligence by the medical staff of cruise ships, is considered a ‘major victory’ for passengers.
Another Norovirus outbreak – this time on the Crown Princess – has the cruise industry scratching its collective head.
According to the Centers for Disease Control, 158 of 3,009 passengers (5.25%) reported being sick. The majority of the cases, 145, took place in the last 15 days of the voyage. A smaller percentage of crew members, 14 of 1,160, were ill.
Per CruiseCritic.com, “In response to the outbreak, CDC health officials boarded the ship in San Pedro today to conduct an environmental health assessment and evaluate the line’s sanitation process. As all cruise ships do when norovirus is discovered onboard, Princess ordered enhanced cleaning and disinfection of the ship and had infected passengers disembark separately to prevent spread of the disease.”
A significant decision favors injured cruise ship passengers
In what can be considered a ‘major victory’ for cruise ship passengers, a new ruling now allows those passengers, who were victims of medical malpractice by the doctors and medical staff of the cruise line, to sue the cruise lines and its owners.
Why is this significant?
Before this ruling, cruise lines were essentially immune to medical malpractice lawsuits.
That immunity stems from a 1988 ruling called the ‘Barbetta Rule that held that shipowners had no liability, “no matter how clear the shipowner’s control over its medical staff or how egregious the claimed acts of negligence.”
New Federal Appellate Court Decision Allows for Medical Malpractice Claims Against Cruise Lines
In an opinion published Nov. 10, 2014 in the United States Court of Appeals for the Eleventh Circuit, cruise lines can now be held vicariously liable when the negligence of the ship’s doctors, nurses and other medical staff, causes harm to their passengers.
For over 25 years, however, this was not the case as cruise lines and their owners were protected from medical malpractice claims by the prevailing law, referred to as the ‘Barbetta rule’ (Barbetta v. S/S Bermuda Star).
Under the old law, cruise lines had broad immunity “no matter how clear the shipowner’s control over its medical staff or how egregious the claimed acts of negligence.”
The staff at Waks and Barnett, P.A. want to wish all those who have served a heartfelt thank you. Enjoy your day!
For those wanting to know more about Veteran’s Day and its history, this is an interesting article from the U.S. Department of Veteran’s Affairs.
Read the article here.
Waks and Barnett, P.A. provides legal services and representation for passengers and crew members who have been injured while vacationing or working on a cruise ship. Our office is located in Miami, FL.
PHOTO CREDIT: www.CruiseBrothers.com
Filing an injury claim? Here are some things you need to know
It’s unfortunate, but accidents and injuries happen on Carnival Cruise Ships. If you’ve been injured while vacationing with Carnival and believe that your injury was sustained due to the fault or negligence of the crew, the cruise line or even a fellow passenger, you may have a potential claim.
Many passengers don’t even realize that the cruise line might be liable for injuries sustained while on the cruise – but isn’t it best to know for sure? That’s why a free conversation with a lawyer is worth 30 minutes of your time.
Quite simply, experience matters when hiring a cruise ship injury lawyer.
Maritime law is complex and circuitous. It takes a special lawyer or law firm who is experienced in working for passengers – or crew members – to successfully manage injury claims against the cruise lines.
Unlike many other legal specialties, maritime law is often complicated, multi-layered and very specific.
Cases filed against the cruise lines – like Carnival, Disney, Princess, Norwegian and others – require a specific approach, and, unfortunately, an attorney not familiar with the ‘system’ may very quickly prove to be ineffectual for their client (or lose the ability for a client to make a claim altogether).
According to a report at CruiseCritic.com, one crew member is dead and another injured after a lifeboat fell into the water.
Apparently, maintenance work was being done on the hull of the cruise ship. Two crew members who were working on the lifeboat fell into the water when the cables raising the lifeboat back to the ship broke.
A rescue was made, with both crew members going to the hospital in Colon, Panama. One of the crew members dies from the injuries.
For information about cruise ship accident and injuries, please contact the cruise ship injury law firm of Waks and Barnett, P.A. at (800) 905-2891.
Hurt on a Carnival Cruise Ship – You Can Get Help
If you were in an accident on a Carnival Cruise Ship, you just might need the help of a Cruise Ship Injury Lawyer.
It’s unfortunate, but accidents and injuries are common on Carnival Cruise Ships – so common in fact that the majority of our cases are injury claims for passengers against Carnival. Our office receives calls on a weekly basis from passengers who have been seriously hurt on their cruise vacation and need to speak with someone about their legal options.
- Slipping injuries
- Injuries from falls
- Tripping injuries
- Swimming pool accidents
- Broken bones
- Head and neck injuries
- Knee injuries
- Sickness, assault, harassment and much more….
Passengers simply just don’t know what to do. Some have tried to deal with Carnival directly and have not gotten the results they required. That is frustrating.
According to a New York Times report today (Oct. 17)… a health worker who may have had contact with Ebola is on cruise ship.
Snippet below – read the full article at the New York Times here.
Adding a new and troubling dimension to the search for Americans possibly exposed to the Ebola virus, the State Department said Friday that an employee of Texas Health Presbyterian Hospital who might have had contact with specimens of the disease had left the United States aboard a cruise ship.
The employee and a traveling partner, who were not identified by name, agreed to remain isolated in a cabin aboard the vessel, the State Department said, and “out of an abundance of caution” efforts were underway to repatriate them. A physician aboard the cruise ship told the authorities that the employee was in good health.