Several of the most common causes of fatalities on cruise ships could occur because of the negligence of the cruise line or ship staff. Many accidents and incidents occur onboard ships because of unsafe premises, inadequate staff training, or negligent operation of the vessel.
If you lost a loved one in a fatal cruise accident, working with a Florida cruise ship wrongful death lawyer can help you fight for justice for your family.
What Causes Cruise Ship Deaths?
According to a review of records conducted by researchers at Bowling Green State University and published in the International Journal of Travel Medicine and Global Health, the most common causes of passenger deaths on a cruise ship include falls, heart attacks, and suicides.
Natural Causes
Most cruise ship deaths occur due to natural causes. The most common are heart attacks, but strokes and pre-existing medical conditions also cause some cruise ship deaths.
Some cruise lines’ passengers tend to be older than those targeting families or a younger audience.
Overboard Incidents
Falling overboard is probably the most common cruise ship accident people think about, but it is relatively rare. Still, It has been a significant enough issue over the last decade that Time Magazine published a story on the matter.
Many factors can play a role in these incidents, including alcohol consumption, reckless behavior, poor ship maintenance, and damaged safety railings.
Accidents
Accidental deaths can occur from slips and falls, drownings in pools, or other incidents onboard ship or during an excursion. Cruise line employees must focus on providing a safe experience for every passenger.
Suicides
Unfortunately, someone might commit suicide by jumping overboard or taking some other action. Both passengers and staff could be at risk, highlighting the need for mental health support onboard.
Criminal Acts
Fatal assaults could occur on a cruise ship, although these are rare. You could hold the cruise line accountable for lax security measures in these events. The authorities will likely conduct a criminal investigation depending on who has jurisdiction.
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(855) 529-0269When Is the Cruise Line Responsible for a Cruise Ship Fatality?
A cruise line might be legally accountable for a passenger’s death if the evidence establishes that the death resulted from negligence, recklessness, or a breach of its duty to protect anyone aboard the ship from preventable hazards. Thus, you could hold the company liable if an employee:
- Fails to maintain safe premises, such as allowing decks to remain wet or leaving broken railings in disrepair.
- Fails to respond promptly or adequately to a medical emergency.
- Fails to provide proper passenger education on safety and evacuation procedures.
- Fails to train or oversee staff adequately.
Under the applicable maritime law, cruise ships are “common carriers,” meaning they must provide a high degree of care for their passengers’ safety. When they breach that duty, and that breach causes injuries and death, this is negligence.
For example, imagine several staff members walking past a large puddle on deck and ignoring its presence. When a passenger steps in the puddle, they fall and suffer a traumatic brain injury, from which they pass away.
Their family could hold the ship’s operator legally responsible and recover compensation with the help of a Florida cruise ship accident lawyer familiar with maritime law.
Who Can Sue a Cruise Ship Based on a Passenger’s Death?
The best way to learn who should represent your family after a cruise ship death is to work with a Florida personal injury lawyer who handles these cases. The laws that apply in your case could vary based on the fine print on the back of the ticket.
The details on your ticket are a contract with the cruise line that could include where you must sue and the applicable laws. Many cruise lines use Florida law as their jurisdiction.
Under the Florida Wrongful Death Act, the victim’s personal representative must file the wrongful death action, but the payout will benefit surviving family members. This law limits family members who can collect damages to:
- The spouse
- Minor and adult children
- Parents
- Other relatives who were dependent on the victim
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What Damages Are Recoverable After a Wrongful Death on a Cruise Ship?
The jurisdiction of the case could also affect the recoverable damages. Your attorney can help you understand the specific expenses and losses recoverable in your case and the potential settlement range based on your case’s unique details.
Some common types of recoverable losses in these cases include:
- Medical care costs for the decedent’s final injury or illness
- Funeral expenses
- Loss of income, including estimated future income losses
- Loss of benefits
- Loss of support and services
- Loss of companionship and protection
- Loss of parental companionship, instruction, and guidance
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(855) 529-0269How Long Do You Have to Sue Based on a Cruise Ship Fatality?
If you believe your loved one died due to a cruise line’s negligence, you should discuss your options with a cruise ship accident attorney as soon as possible. While Florida Statutes § 95.11 may give you two years to sue in Florida, passenger contracts often limit this time.
Time limits in cruise ship injury and death cases are often strict. Many cruise line contracts give you only six months to provide a claim notice and one year to file a lawsuit.
Missing applicable deadlines could make it more difficult or impossible to sue and recover fair compensation. Thus, it pays to act quickly in these cases.
Talk to Our Florida Cruise Ship Accident Team Today
Chalik & Chalik Injury Lawyers provides free consultations for families who lost a loved one in a cruise ship accident or incident.
We understand how negligence leads to cruise ship injuries, including catastrophic and fatal injuries. We have helped injured Floridians get justice since 1995.
Contact us today to learn how a Florida cruise ship wrongful death attorney from our team can help you.
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