Everyone who gets on a cruise is hoping for a relaxing, fun-filled, and sunny vacation. However, accidents can happen during these trips, and cruise ships have a responsibility to keep their patrons safe during their stay. Incidents that occur as a result of the negligence of the ship or cruise company should never ruin a holiday, and those responsible should be held accountable for their actions.
In a recent federal appellate case, a three-year-old child was on a cruise with her family. While on an upper deck, the child climbed onto and fell from a guard rail onto the deck below, suffering serious head injuries. Although there were conflicting reports of how the accident occurred, the toddler allegedly placed her hands on the second course of the rail to sit on the lower course but lost her grip and slid through the gap. The child’s mother sued the cruise line on behalf of her daughter, arguing that the cruise line was negligent in the creation and maintenance of the guard rail and failed to warn of the danger posed. The district court ruled in favor of the cruise line, holding that there was no dispute of material fact, and that the ship did not owe a duty to the plaintiff. The plaintiff appealed.
On appeal, the circuit court reversed the lower court’s decision and sided with the plaintiff. The plaintiff argued that the guard rail posed a risk of injury to children, specifically because children were small enough to pass through the rails and fall to a lower deck. The appellate court agreed and stated that the cruise line owed a duty to protect the child from this specific type of injury. Additionally, based on expert testimony and other evidence, the court held that it was clear the ship had notice of the potential danger of the guard rail and had failed to act to cure the safety concern. Because the court found there was a genuine dispute of material fact present, the court remanded the case for further consideration.
Unfortunately, accidents similar to this one can happen to anyone without warning. Incidents involving Florida cruise lines can often be daunting and complicated. Yet, those responsible for an accident victim’s injuries should be held accountable for their negligence. Having a skilled attorney to handle the potential challenges of these cases is crucial so accident victims can focus on recovering from their injuries, rather than dealing with the stresses of the recovery process.
Contact a Miami Premises Liability Attorney
If you or someone you know has been injured in a Florida slip and fall accident on a cruise ship, contact Friedman, Rodman Frank & Estrada, P.A. At Friedman, Rodman Frank & Estrada, our experienced team has the resources of a large firm but advocate for our clients with the personalized attention and care of a smaller firm. Our attorneys will tirelessly help you pursue the compensation you deserve after your accident, minimizing the stress as much as possible. Contact us online or call us toll-free at 877-448-8585 to set up a consultation for your claims today.