Hurt on a New Orleans cruise? A maritime lawyer can protect your rights.
New Orleans is a great place to start a vacation. Cruise ships leave the Port of New Orleans and travel to exotic locations such as the Caribbean and Mexico. Mississippi River paddle boat, river boat and steamship cruises are also popular. But, what if you are injured are on a cruise? Do you have rights?
When a passenger on a cruise ship or riverboat is injured, the owner of the vessel may or may not be liable for their injuries. Because a cruise ship or riverboat does not guarantee the safety of its passengers, negligence must be proven in order to determine liability.
Proving negligence can be difficult, and this is why you need an attorney who is an expert in maritime law. To receive damages, you must prove that the injury was caused by a dangerous condition and that the owner of the ship knew about (or should have known about) the dangerous condition, but did not provide adequate warning or do anything to fix it. It must be a danger beyond the normal risk of a cruise or riverboat tour.
If a dangerous condition is proven and the owner did not know about the dangerous condition, he may still be considered negligent if he should have known about the danger as a “reasonably careful ship operator.”
Examples of negligence include:
•The vessel or equipment needs maintenance or repair.
•Equipment malfunction caused by inadequate maintenance
•Inadequate, malfunctioning or missing safety equipment.
•The ship operator made a reckless decision such as travelling too fast for water conditions.
Sometimes proof of negligence requires an expert witness. The witness is an expert in the operation of cruise ships or ferry’s and will be able to determine if the injury was caused by normal conditions. For example, suppose an elderly passenger slips and breaks a hip when the ship encounters rough water. If the ship operator could not have anticipated the rough water, this is a normal risk when taking a cruise. However, if the rough water was caused by stormy conditions and the ship operator was travelling too fast for those conditions, then he may be negligent.
The best way to determine if you are eligible for compensation for your injuries is to schedule a free consultation with a maritime attorney. If you have been injured while a passenger on a cruise ship, contact an attorney as soon as possible. And, save your ticket or contract. Often the fine print contains limitations on when and where a lawsuit can be filed.
The attorneys at The Young Firm are experts on maritime law and we can help with cruise injury cases. If you have questions about your cruise ship injury, contact us at 1-866-938-6113.