INJURED or HARMEd
Passenger Claims
Cruise Ship Passenger Injury and Accident Claims
In March of 1997, the Carlisle family embarked on a cruise aboard the Carnival cruise ship, the Ecstasy. During the cruise, 14 year old Elizabeth Carlisle felt ill with abdominal pain, lower back pain and diarrhea and was seen several times in the ship’s hospital by the ship’s physician, Dr. Mauro Neri. Over the course of several days Dr. Neri repeatedly advised the Carlisles that Elizabeth was suffering from the flu, assured them in response to their questions that it was not appendicitis, and provided antibiotics. Ultimately, the Carlisle family decided to discontinue their cruise and returned home to Michigan where Elizabeth was diagnosed as having a ruptured appendix. Her appendix was removed, and as a result of the rupture and subsequent infection, Elizabeth was rendered sterile. Her parents filed the instant suit against Carnival and Dr. Neri, alleging, among other things, that the cruise ship doctor had acted negligently in his treatment of Elizabeth and that Carnival should be held vicariously liable for such negligence under theories of agency and apparent agency, and that Carnival was negligent in the hiring of Dr. Neri. The trial court entered summary judgment in favor of Carnival and this appeal followed.
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Cruise Ship Doctor & Their Responsibilities
There is reason for imposing such liability, because the employment of a cruise ship doctor aboard a ship is a beneficial substitute for the shipowner’s otherwise more costly duty to sick passengers. Where the ship carries no ship physicians or nurses, the carrier is under a duty to provide such care and attention as is reasonable and practicable under the circumstances, and this has traditionally required the master to change course and put in at the nearest port, according to the gravity of the illness. This duty extends to both passengers and seamen whose lives may be threatened by illness on board the ship. Any dereliction of the master in his duty to detour may be negligence for which the ship owner could be liable under the principle of respondeat superior. The shipowner, by providing a physician aboard ship, avoids or her sometimes inconvenient and costly duty to change course for the benefit of an ailing passenger. This arrangement gives the ship owner competitive advantage in the maritime passenger industry over those sea-going carriers which have not provided the safety of on-board medical service.
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Passengers of a Cruise Ship who are filing a personal injury and accident claim against a luxury ship will require the assistance of an expert and professional maritime lawyer that is certified by the board. The Cruise Ship Passenger Claims Attorney that you will hire should have a broad experience that will enable them to protect the claimants who allegedly suffered injury or accident while they are aboard the cruise ship.
When you need to hire a Cruise Ship Passenger Claims Attorney, you will have to know where to start. The lawyer will first talk to you about the accident that happened inside the cruise ship as well as the different details that are associated with your case. An expert lawyer will initially ask you about the place and time that the event occurred, the injury that you acquired and the event that lead to the accident.
When you make your inquiry, the attorney will make a quick but comprehensive review about your case and tell you immediately if you have a chance of winning the case. If there is, the lawyer will immediately conduct an investigation on the facts that is associated with the accident that happened. You should remember that most Cruise Ship Passenger Claims Attorneys works on a contingency basis which means that you will not be charged with any legal fee unless of course, you will receive your much-deserved compensation.
Their experience in helping the injured passenger of the cruise ship should be broad and expansive. They should be able to help you comprehend your rights as crew member or passenger of the cruise ship. The Cruise Ship Passenger Claims Attorney should be able to assist you in filing your personal injury claim. In the event that you think that the negligence of the ship plays a major role in the accident, you should take a legal action for the injury that you suffered.
Filing the injury claim can be a frustrating and a complicated process especially if you try to face it on your own. With the help of a Cruise Ship Passenger Claims Attorney, you will be able to reach a favorable result. The lawyer has the adequate knowledge about the regulations and the laws surrounding your claim. The compensation that you will get should include the amount of money for the lost wages, payment for medical bills and the compensation for the injury.
An accident may happen while they are aboard the cruise ship. In case you think that the accident is due to the negligence of the cruises ship such as defective equipment or slipper deck, you can hire the service of Cruise Ship Passenger Claims Attorney to file an injury claim and get the compensation that you deserved.
An accident may happen while they are aboard the cruise ship. In case you think that the accident is due to the negligence of the cruises ship such as defective equipment or slipper deck, you can hire the service of Cruise Ship Passenger Claims Attorney to file an injury claim and get the compensation that you deserved.