Madalon Law is well-versed in the unique dangers posed by maritime work and recreation, including shoreside excursions. As leaders in maritime law based in South Florida, we’ve represented countless injured fishermen, divers, seamen, deckhands, recreational boaters, cruise ship passengers, port workers, and merchant mariners who have been injured during a shore excursion.
Common Types of Shore Excursion Accidents
Cruise ships often visit a number of ports of call, which is an advertised attraction of most cruises, as it offers the opportunity to have several “mini vacations” in exotic regional areas. The cruise ship company typically offers various activities as part of the shore excursion.
Zip-lining, rock climbing, scuba diving excursions, hiking, climbing through ruins, tour boats, snorkeling, and horseback riding are only a few examples of common excursions. Most cruise ship customers make the assumption that because the cruise company advertises and sells these excursions, that the tour is safe.
Unfortunately, this is sometimes untrue. Madalon Law has represented many victims of unsafe conditions during cruise-sponsored excursions that have led to either injury or even death. Additionally, transportation to and from excursions, be it on tender boats or buses, can also pose the risk of injury.
The Cruise Company’s Claims of No Liability
Our South Florida shore excursion accident lawyers know full well that cruise ship companies make a small fortune selling shore side excursions. However, cruise ship companies also include provisions in passenger tickets stating that they decline liability for the negligence of shore side excursion companies, who are independent contractors.
Most shore side excursions are typically in foreign countries—that is their appeal, after all—making it difficult or altogether impossible for an American passenger to secure jurisdiction in order to sue for negligence. Additionally, the shore excursion company in question may very well not even have insurance to cover any claims or even have sufficient assets.
Finding Recourse for Your Injury
Unfortunately, the claims of cruise ship companies that they are not liable has been backed up by the law of the United States, which recognizes that shore side excursion companies are independent contractors. If you’ve already spoken with an attorney, you should understand that most attorneys are not well-versed in maritime law. It’s possible that you’ve already been told that you do not have a case, or that the cruise company cannot be held liable for your injury.
This doesn’t mean that you do not have recourse, but rather that alternative theories of liability must be asserted. Our experienced maritime law attorneys in South Florida have the specialized knowledge to explore alternative theories rather than allege vicarious liability. We’ve handled cases like these before, and will continue to do so—successfully. Winning a case and securing compensation requires a deep understanding of the intricate and unique laws pertaining to cruise ships, and so it is imperative that you consult with Madalon Law.
How Soon Should You Act?
Many injuries incurred at sea have a statute of limitations, giving passengers a minimal timeframe in which to sue for damages. Once the statute of limitations is passed, you will not be able to recover any damages. This window can be as brief as a single year. Not only that, but you might be required to issue written notice to the cruise line in as little time as six months. Add the fact that cruise lines sometimes have fine print on their tickets requiring claims to be filed in the State of Florida, where many passengers don’t live, and the situation turns into a scramble against time.
Get the Representation You Deserve
If you’ve already spoken to an attorney about your injury, it’s highly possible that you’ve been falsely informed that you do not have a case. Simply put, many lawyers do not have a deep understanding of maritime law and how to navigate complex cases involving cruise ships, shore side excursions, and foreign companies.
Madalon Law has fought and won countless maritime law cases and understands the basis of arguing an alternative theory of liability. We will carefully review all the facts to determine the best, fact-based way to present your case. For us to do so, it’s important that you act quickly while the statute of limitations has not passed, and while your memories are fresh and you have as many documents pertaining to your cruise as possible.
Madalon Law has won over $100 million in settlements and judgements. We’ve achieved this record by fighting each case as an individual war on behalf of our clients. We are passionate about pursuing justice against those who are liable for creating injury, discomfort, and financial hardship against you.
Don’t delay. Get a no-cost, no-obligation consultation today.