Can I Sue MSC Cruises if I Was Injured While Scuba Diving?

You can sue MSC Cruises if you were injured while scuba diving, but only if your case meets the following four criteria:

1. MSC Cruises was responsible for your safety in this particular situation.
2. MSC Cruises behaved negligently and put you in danger.
3. Thanks to MSC Cruises’ negligence, you were involved in a scuba diving accident.
4. Your scuba diving accident led to injuries and financial losses.

A Fort Lauderdale cruise ship accident lawyer can help you determine whether your case meets these four required elements of negligence.

Cruise Lines Must Try to Prevent Passenger Injuries

When you go on a cruise, you expect the crew to look out for your welfare. If you plan to go scuba diving as part of your cruise experience, the crew’s responsibilities toward you might include:

• Asking to see your scuba certification before you dive
• Frequently checking all of their scuba diving equipment to make sure it is safe to use and in good repair
• Hiring trained scuba divers to instruct and assist passengers as necessary
• Warning passengers of the dangers they may encounter when scuba diving
• Coming to the immediate aid of a passenger in distress and providing assistance 

Your Responsibilities While Scuba Diving on a Cruise

Just like you expect the cruise to take care of you, the cruise line or excursion company also expects you to abide by certain rules, such as following any warnings or instructions they give you. By working together, the cruise line and the passengers ensure a safer, better experience for everyone.

How Might MSC Cruises Ignore its Responsibility to Scuba Divers?

Failing to complete any or all of the duties listed in the previous section counts as a breach of duty of care. If MSC Cruises did not fulfill its responsibility to you, the cruise line may have put you in unnecessary danger and caused you significant distress and pain.

MSC Cruises might be responsible for your accident on an individual or institutional level. It is important to understand the difference because:

• The liable party’s identity and the nature of the careless act involved will determine whom you can sue
• If a company-wide policy (e.g., the type of training given to employees) caused your injury, you may be able to sue the entire company.
• If a single employee caused your injury by ignoring the rules or being careless, you might be able to sue them personally. (The cruise line might also be liable if they did not properly vet or discipline their workers.)

MSC Cruises Negligence and Scuba Diving Accidents

Negligence is never acceptable, but it does not always lead to a bad outcome. For example, you might complete your scuba diving experience and only find out afterward that the equipment you were given had a defect. Alternatively, you might suffer an accident that had nothing to do with the state of your equipment.

Should an employee have checked that equipment and prevented you from using it? Yes. However, if you did not suffer any adverse effects because of their negligence, you cannot sue for damages. You only have the right to sue if their carelessness directly caused financial and other losses.

Other Parties Who Might Be Liable After a Cruise Scuba Diving Injury

Even if your personal injury lawyer finds that neither MSC Cruises nor anyone affiliated with the cruise ship company bears legal liability for your injury, you may still have options for pursuing compensation. Such options may include filing suit against:

• Another cruise ship passenger, if their actions put you in danger, either intentionally or accidentally
• A scuba equipment manufacturer, if there was an inherent defect in the equipment that the manufacturer should have known about
• A boat or ship owner, if another vehicle’s actions caused the accident (e.g., a boat operator hit you)
• A third-party excursion company, if it was in charge of your safety during the scuba diving excursion

Proving Your Injuries Occurred While Scuba Diving

You know you were injured while scuba diving on an MSC cruise, but how can you prove this to a cruise line that may not want to pay you a fair settlement? This is where a cruise ship accident attorney can prove useful if you decide to sue.

After a Scuba Accident, You Need Evidence

A legal representative can help you build your case against MSC Cruises or any other at-fault party. Your cruise ship accident lawyer will gather evidence that connects your injuries to the scuba diving incident by:

• Showing that you received medical care soon after the accident
• Comparing the state of your health before you went scuba diving and after
• Recording the recollections of eyewitnesses who saw your accident as it happened or the events leading up to the accident
• Recording the opinions of medical experts who can confirm that injuries like yours are likely to happen when scuba diving

Calculating What MSC Cruises Should Pay for Your Injury

Many personal injury lawyers charge no upfront fees, so you do not have to pay them unless and until they win your case. Your cruise ship accident attorney can help you pursue compensation for:

• Medical bills, including the cost of hospitalization, assistive devices, and physical therapy
• Disability, including any temporary or permanent loss of physical or intellectual capabilities
• Lost wages, if your injuries kept you from working
• Lost earning capacity, if you will never be able to return to your old job or earn as much money as before the accident
• Pain and suffering, including physical and emotional anguish
• Lost quality of life, if your injuries prevent you from doing everything you did before, including caring for yourself or your dependents

Meeting the Deadline for Cruise Line Lawsuits

If you want to sue MSC Cruises, you must act swiftly. No matter where the incident occurred, there will be a legal deadline that restricts when you can start a case. In Florida, for instance, the time limit is generally two years, per Florida Statutes § 95.11(4)(a).

The sooner you contact a cruise ship injury lawyer, the more they may be able to do for you.

Do You Qualify to Sue MSC Cruises for a Scuba Diving Accident?

Chalik & Chalik Injury Lawyers has been helping personal injury clients since 2003. Contact us today for a free case review. If you were injured while scuba diving, and if we determine you can take legal action against MSC Cruises—or any other liable party—for the injury, our partners can work directly with you throughout the legal process.

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