Cruise Ship Excursion Injuries
At Kraft Davies, PLLC, our cruise ship injury lawyers based in Seattle, Washington have represented injured passengers for injuries that occur on cruise ship excursions for decades. These cases can be problematic because tour operators may have limited insurance funds and may only operate in the foreign destination where the injury occurred. It takes a skilled cruise ship injury lawyer to investigate the facts of the claim and determine if the cruise line breached its duty to the passenger in hiring or retaining the excursion operator. Having successfully handled these cases for years, we understand the evidence that it takes to win a case for a cruise ship excursion injury. Contact us today at 206.624.8844 for your free case evaluation.
Though cruise ship owners cannot be held vicariously liable for the negligence of an independent contractor, it is well-established that they may be liable for negligently hiring or retaining a contractor. Smolnikar v. Royal Caribbean Cruises Ltd., 787 F. Supp. 2d 1308, 1318 (S.D. Fla. 2011). In Smolnikar v. Royal Caribbean Cruises Ltd., the district court identified the “salient inquiry” as “whether Royal Caribbean failed to "diligently inquire" into [the excursion contractor]'s initial or ongoing suitability to operate a zip line excursion tour.” "It is a settled principle of maritime law that a shipowner owes the duty of exercising reasonable care towards those lawfully aboard the vessel who are not members of the crew." Reming, 2013 U.S. Dist. LEXIS 21483, 2013 WL 594281, at *3 (quoting Kermarec v. Compagnie Generale Transatlantique, 358 U.S. 625, 630, 79 S. Ct. 406, 3 L. Ed. 2d 550 (1959)). Several courts have applied this standard to negligence claims related to injuries that have occurred on a variety of cruise ship excursions. Id. (citing Samuels v. Holland American Line—USA, Inc., 656 F.3d 948, 953 (9th Cir. 2011) (applying standard to claims related to injuries sustained while swimming in Pacific Ocean during excursion); Balaschak v. Royal Caribbean Cruises, Ltd., No. 09-21196-CIV, 2009 U.S. Dist. LEXIS 126949, 2009 WL 8659594, at *3-5 (S.D. Fla. Sept. 14, 2009) (applying standard to negligence claims related to injuries from car accident during an excursion); Isbell v. Carnival Corp., 462 F. Supp. 2d 1232, 1237 (S.D. Fla. 2006).
Transportation Accidents. We have represented a number of cruise ship passengers injured in transportation accidents while on shore excursions. Whether it is a bus accident or an airplane accident, the cruise line has a duty to properly select safe excursion companies for its passengers and take action when the safety record of the company declines. What was the safety record of the company when the cruise line contracted with them to carry its passengers? Did any later events call into question the safety record of the company? Where there other accidents before yours? These are only questions that a skilled cruise ship injury lawyer can determine after careful investigation.
Snorkeling & Tour Boat Accidents. Another area where we have seen serious injuries and even deaths is in the context of a snorkeling excursion or tour boat excursion. Snorkeling excursions can be dangerous if the operator does not take careful measures to ensure the safety of passengers on excursions. There have been situations where cruise ship passengers have been left behind on snorkeling excursions on remote reefs and other situations where tour boats hit reefs or other objections. We have represented the estate of a passenger that was run over by a snorkeling excursion vessel. In each case, we carefully investigate the facts of the incident and the record of the excursion company. What information did the cruise line have about the company? Was there a record of other safety problems? Following an excursion injury, it is important that you contact our firm as soon as possible so that we may begin our investigation. Most cruise line contracts require that you give notice of the claim and file a lawsuit within one year. Moreover, it is important to conduct an investigation while the evidence is still available and before the memories of witnesses have faded.
Zip-Line Accidents. Another type of excursion that is growing in popularity is zip-line excursions. These excursions give passengers a unique ability to see an area from high in the trees and provide viewings of animals and vegetation that is probably not available in your home country. Despite considerable merit of these excursions, they can be very dangerous if they are not operated in a safe manner. Cruise ship passengers can be injured in a variety of ways, including falling from their harness if it is not properly secured or colliding with other passengers on the zip line. Again, following an injury, it is important to know what information the cruise line had when it selected the zip line excursion company and the safety record of the zip line company before and after its selection by the cruise line. The cruise lines make substantial profits off sending cruise ship passengers on these excursions and have an obligation to make certain that they selected qualified zip-line operators and monitor the safety record of the companies.Free Consultation for Passengers Injured on Excursions.
With decades of experience as cruise ship injury lawyers, our award-winning cruise ship lawyers offer a free consultation to help injured cruise ship passengers. Contact us today at 206.624.8844 for your 100% free case evaluation.