The laws concerning cruise ship injury are highly complex. If you suffer personal injury aboard a cruise ship, it is important to speak to an attorney as soon as possible.

Attorneys at Kogan & DiSalvo can review the facts of your case and advise you on important matters such as what laws apply, the procedure for filing a claim, and more. Contact us in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach today.

When Does State Law Apply in Cruise Ship Injury Claims?

Generally, boating accidents that occur in the waterways of Florida and in state waters (extending 3 nautical miles from shore on the Atlantic coast and 9 miles from shore on the Gulf coast) are governed by the laws of Florida. To pursue compensation for personal injury or the wrongful death of a loved one, you file a claim with the court that has jurisdiction in your case (usually a county or state court).

If you depart on a cruise from a port in the United States, injuries sustained when the vessel is in port or within the waters of a particular state may be governed by the laws of that state. However, very different rules apply to accidents and injuries that occur outside of these boundaries.

When Does Federal Law Apply in Cruise Ship Injury Claims?

The majority of personal injury claims against major cruise lines are matters of maritime law. Maritime law consists of a variety of federal laws and regulations that govern the operation of vessels on open waters.

If you are injured on a cruise ship on the open water, your claim must be filed in federal court. Moreover, cruise lines are entitled to select which court has jurisdiction in claims brought by passengers.

Cruise tickets include clauses that specify the “forum” (the court where the case must be heard) for litigation. Many cruise lines operating in the United States require lawsuits to be filed with the U.S. District Court in Miami, although other cruise lines have selected other forums.

Failure to file a cruise ship injury claim in the correct jurisdiction will result in dismissal of your case.

The terms and conditions on the ticket may also require passengers to submit a notice of claim informing the cruise line of your intent to sue. Generally, this must be done within six months of the injury or accident.

Passengers may also be subject to a much shorter time limit for filing a claim involving a cruise ship injury. Whereas the statute of limitations for most maritime injury claims is 3 years, you may have as little as 1 year to sue a cruise line.

Given the complexity of federal maritime law and the unique rules involved in cruise ship litigation, it is crucial to speak to an attorney as soon as possible. A knowledgeable lawyer can advise you of the procedure for filing a claim and assist you with all aspects of the process.

When Does International Law Apply in Cruise Ship Injury Claims?

Many cruise ship excursions involve traveling to foreign ports. The laws in other countries can vary significantly from those of the United States, oftentimes to the detriment of personal injury victims.

If you are a passenger on an international cruise, it is natural to wonder what laws apply when the ship is in international waters or docked in another country. The answer: It depends.

One of the most important considerations in determining jurisdiction when you are injured on a cruise outside the United States is where the accident occurs. Generally, accidents on board the cruise ship are still subject to U.S. maritime law. However, if you are injured during a shore excursion in a foreign country, the laws of that country will likely apply.

Different rules may apply if you are injured in a foreign country or its waters as a result of a crime. The FBI may need to be involved in investigations of crimes committed against U.S. nationals, including physical and sexual assault, robbery, etc., in other countries and in international waters.

Building Your Cruise Ship Injury Claim with Kogan & DiSalvo

Maritime law is one of the most complex legal fields. This, combined with the significant money and resources of cruise lines and laws favorable to these companies, can make it difficult for those who have been injured on cruise ships to know where to turn after an accident or an attack.

For more than 25 years, Kogan & DiSalvo has been the Gold Standard in personal injury law. Our attorneys have significant experience with a wide variety of complex claims, and we are committed to helping accident victims assert their rights and pursue the compensation they deserve.

If you have been injured on a cruise ship, please contact Kogan & DiSalvo by calling (561) 375-9500 today for a free consultation. We serve all clients who call Florida home, as well as those who travel to the Sunshine State for cruises.

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On average, more than 400 people are injured and more than 65 people are killed in boating accidents in Florida every year. If you and your family are facing one of these tragic situations, it is important to know your legal rights and take action to recover damages.

Unfortunately, a number of issues can turn a pleasure cruise into a disaster. Boat operators and passengers, swimmers in the vicinity, and even those on the beach or on a dock might suffer serious injury – or worse – in the event of an accident.

A boating accident lawyer can help if you or a loved one suffered injury on the water. Contact Kogan & DiSalvo today for a free case review.

Potential Liable Parties in Boating Accident Claims

Accidents involving watercraft may be caused by a variety of factors. Thorough investigation of the accident may uncover multiple liable parties. 

If you or a loved one suffered injury or you lost a family member in a boating accident, it is in your best interest to contact a lawyer as soon as possible. An experienced attorney can gather evidence on your behalf and determine who is at fault.

The Operator of the Boat

Operator error accounts for a significant portion of boating accidents. Some of the issues that may be involved in your claim include:

• Inexperience: Florida has no licensing requirements for operating a boat. Those born after 1988 are required to complete a boating safety course, but broadly speaking anyone can operate a boat. Inexperienced operators are more likely to travel at unsafe speeds, get too close to other boats, and take other risks at the helm.
• Speeding: Even experienced boat operators can exceed the speed limit. When they do, they have less time to avoid collisions with other vessels, people in the water, and other hazards.
• Distraction: As with driving a car, boating requires the operator’s full attention. Distracted operators may fail to notice nearby people and boats, changes in the weather, etc. The risk of accidents also increases if a passenger is not appointed to serve as lookout, or if the lookout is distracted.
• Failure to Maintain a Safe Distance: Many boating accidents occur due to operator errors in passing, navigation errors, etc. These issues make crashes between watercraft much more likely. Even if there is no collision, unsafe distances are still a threat. Operators who get too close to another boat may ride in the wake, potentially leading to serious injuries for passengers and swamping or capsizing of the boat.
• Boating Under the Influence (BUI): Those convicted of BUI face fines and prison sentences. They also face civil liability for accidents they cause while intoxicated.

Irresponsible boating is not just a danger to other people on the water. Passengers on the boat may be seriously injured or killed as a result of the operator’s negligence.

The Manufacturer of the Boat

When you board a vessel, you have the right to expect that it will stay afloat. The component parts of the boat should also operate safely and properly.

Unfortunately, defects in the design and/or manufacturing of the boat can lead to a wide variety of accidents. Defective boats and faulty parts can lead to a wide range of serious problems, from breakdowns on the water to fires to sinking.

By filing a product liability claim, you can pursue compensation from the manufacturer and other parties involved in the design, assembly, and sale of the boat.

The Owner of the Boat

Some boats are owned and operated by the same person. If this is the case, you would likely file a claim against that individual. However, if you are injured in an accident with a rental boat, a sightseeing boat, or another vessel, liability may be more complicated.

In these cases, both the operator of the boat and the owner (often a commercial business) can be held liable for your injuries and damages. Potential grounds for a claim may include negligence on the part of the business in hiring an unqualified operator, failure to maintain the boat, failure to provide life jackets and other safety equipment, and more.

Establishing Liability in a Boating Accident

Prompt investigation is crucial for determining who is responsible for a boating accident. An experienced lawyer can delve into the details of your case to determine how the accident occurred and who is responsible.

Boat accidents may occur due to a combination of factors. Identifying the liable parties may involve:

• Photographing the scene of the accident
• Interviewing witnesses to the accident
• Reviewing reports from the local police, county sheriff’s department, and/or the Florida Fish and Wildlife Conservation Commission
• Examining the boat for defects and mechanical issues
• Reviewing company records for the business that operated or rented the boat

After evaluating the evidence, your lawyer can file one or more claims on your behalf. Victims of serious injury and wrongful death may be entitled to compensation for losses they sustain in boating accidents.

Contact a Boating Accident Lawyer at Kogan & DiSalvo Today

The attorneys at Kogan & DiSalvo can help you navigate all aspects of your claim after a boating accident. We are committed to pursuing the compensation you and your family deserve for injuries or fatalities caused by the negligence of a boat operator, manufacturer, company, and other liable parties.

For a free case review, please call Kogan & DiSalvo at (561) 375-9500 today. Our boating accident lawyers serve clients throughout Florida from offices in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, and West Palm Beach

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Florida Wildlife Commission officials stated that 24-year-old Jose Fernandez was killed when the boat carrying him and two others collided with hidden rocks at full speed. Investigators say he died from the impact of the accident, and did not drown. Neither alcohol nor drugs were involved in the deadly crash, which took the lives of all three people onboard.

Tips for a safe boating experience

With this recent tragedy, the importance of boater safety rings clear. Driving conservatively is essential for a safe return from sea. Be sure to follow these tips for a secure boating experience for both you and your passengers:

• Avoid alcohol and drug use
• Watch for shallow waters
• Have at least one life jacket per person onboard
• Inspect the boat regularly for cracks or holes
• Watch for overheating engines, oil leaks or gas spills that can cause fires
• Know what to do in case of a break down (i.e. call the Coast Guard or paddle to shore)
• Ensure bow lights are in working order so other boaters can see your vessel at night
• Maintain safe speeds at all times
• Keep proper safety and first aid gear onboard
• Be mindful of the weather
• Be aware of other boaters and vessels
• Wear a life jacket

By following these safety guidelines, you can help reduce the potential for boating accidents.

However, even with an experienced driver, accidents on the water can and do happen. If you or a loved one has been injured in a boating accident caused by the negligence of another person, the attorneys at Kogan & DiSalvo can help you with your case. With years of experience, we will work tirelessly for the justice and compensation you and your family deserve.

To discuss your boating accident case with our litigation team, give our office a call to schedule your initial consultation. We are proud to serve clients in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach and other surrounding Florida areas.

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How can a boat accident lawyer help?

With the variety of lakes, streams, and other recreational boating areas in Florida, boating accidents are not all that uncommon. Unfortunately, when these accidents do occur, they can lead to very severe physical injury. As attorneys personally committed to advocating for victims of injury, the team at Kogan & DiSalvo will fight to pursue maximum compensation on your behalf, for losses and damages such as:

• Emergency room bills
• Medical expenses
• Loss of wages
• Ongoing physical therapy and rehabilitation
• Pain and suffering

Injuries to the brain, spine and limbs are not uncommon in serious boat collisions. Drownings are also not uncommon, and you may be owed wrongful death compensation if you lost a loved one in a boating accident caused by someone else’s negligence.

If you or a loved one was injured in a boat accident in Boca Raton, Boynton Beach, Delray Beach, Ft. Lauderdale, Lakeland, Palm Bay, St. Petersburg, Stuart, Tampa, Vero Beach, West Palm Beach or any of the surrounding areas in Florida, please call Kogan & DiSalvo Personal Injury Attorneys.

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