What is wrongful death? According to Wikipedia, “Any fatality caused by the wrongful acts of another may result in a wrongful death claim. Many wrongful death claims are based upon death resulting from negligence, for example following a motor vehicle accident caused by another driver, a dangerous roadway or defective vehicle, or medical malpractice.[2] Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway.[3]”.
Having a loved one go through a wrongful death case, especially while they were on a cruise ship can be very confusing and heart breaking. Your first thought is going to be: “How did that happen on a location where they should have been enjoying themselves?”. Unfortunately, while rare, it does happen on cruise ships. If negligence of a cruise ship worker, or the cruise line itself caused the wrongful death of your loved one, you could pursue a legal suit for compensation with a wrongful death lawsuit with the assistance of one of our compassionate Miami cruise ship wrongful death lawyers from Percy Martinez Law Firm.
Liability During a Wrongful Death on a Cruise
With wrongful deaths on cruise ships, there are many responsible parties that could be the cause of the accident. In regard to the cruise ship, these are some liable parties that could be found guilty if your loved one was killed on a cruise ship due to the cruise lines negligence, here are some of the parties that can be held liable:
- The cruise line
- The crew members
- Manufacturer or defective product
- Designer of the cruise ship
Along with a wrongful death occurring on a cruise ship, it can also occur when a passenger goes on an excursion. Here are some parties that could be found liable for an accident on an excursion that results in the wrongful death of a loved one
- The cruise line
- The operator of the tender boat (independent contractor)
- The assisting crew members
For the majority of the cases, the cruise line will be the one who pays for the damages caused by their employees. If the worker was the one that was negligent, the victim of the wrongful death’s family can pursue a claim against the cruise line. Since the cruise line owes every passenger that enters aboard their vessel the utmost care during their vacation time, the cruise line will be held liable for the wrongful death.
Elements Needed for a Wrongful Death Case to Exist
If deliberate behaviors, reckless actions, or negligent acts resulting in a fatality, the survivors of the victim must compile the necessary elements in order to bring a wrongful death case to the attention of the state they are in. Elements in a wrongful death include:
- A duty of care was owed to the victim by the individual who caused their death
- The behavior or action of the individual violated that duty of care that they owed to the victim
- The proximate cause of the death was the wrongful actions that that individual took
For example, medical professionals owe a certain standard of care to all of their patients. When a medical professional breaks this standard of care and provides their patients with sub-standard care, the patient can end up either injured or dead as a result. If a medical professional fails to diagnose a medical condition on time, which results in the failure to treat, they can be found responsible for that error.
What Are the Causes for Wrongful Death Aboard a Cruise?
Wrongful death is a death that happens from causes unrelated to a natural death due to another person’s negligence. Wrongful death can surface in various instances like vehicle collisions, using a defective product, visiting a hospital for treatment, and even while vacationing on a cruise ship. Yes, there have been cases of wrongful death aboard a cruise ship in recent years. In fact, many people have drowned in the cruise ship’s swimming pools and have fallen overboard.
Catastrophic injuries can occur during any instance throughout a passenger’s vacation. Passengers must take precaution and not let their excitement take over the best of them. While they should be enjoying their time while on the cruise, they should never let their guard down because not only are they surrounded by many individuals that they do not know, but they are also in the presence of many dangerous situations. Losing a loved one is a very traumatic and difficult experience that will never be forgotten. The worst part is knowing that the loved one could have been saved from that predicament had the cruise line not acted negligently.
The pain and suffering that is being experienced by the family members and friends of the victim is greatly understood by the Miami Wrongful death overseas lawyers at Percy Martinez Law. The destruction that wrongful death brings to the families of the victim is seen by the firm everyday which is why they have strived to give all their knowledge, education, and skill to help their clients as much as possible. No amount of money can ever bring them back, but it is a step towards justice.
These are some causes for wrongful death on cruise ships that our professional wrongful death cruise ship attorneys in Miami have found:
- No anti-slip pads: Cruise ships will have many areas that become slippery for various reasons like the spill of a drink, the water parks, the pools, the weather condition, the waves, or other elements. The cruise ship is supposed to ensure that if any of these factors do arise, that immediate action is taken to prevent any passenger from falling. A fall can result in extensive damage and even cause a person to fall overboard.
- No background checks: Because cruise ships travel internationally, many crew members are from other countries. Cruise lines will sometimes perform the background checks inadequately or not at all. Many crew members might prey on the passengers and harm them in a way that leads to their death.
- Medical malpractice: Cruise ships are mainly known for their onboard activities, not their medical facility. The vast majority of cruise ships do not have good quality medical care. This can be especially delicate when they have to deal with a life and death situation that requires immediate action. How could they handle it?
- Lack of supervision: A cruise ship can hold over 3,000 passengers at any given moment. With so many people, the cruise ships security is required to monitor every place to ensure that no crimes are being committed or any drunken person is too close to the railing. On top of these areas, the recreational activities tend to lack supervision. When a person dies because there was a lack of supervision, the cruise line can be found guilty for not having more employees to monitor the situation.
- Intentional Acts: While an intentional act can be caused by a crew member who does not have a background check done, it can also be caused by another passenger. Some passengers will murder another passenger and toss them overboard so that there aren’t any traces of the crime.
These are just some of the common reasons for wrongful death accidents to take place aboard cruise ships. One way to secure your safety and that of others is to become aware of the reasons behind how someone could become a victim of a wrongful death while on a cruise ship. Remember, the best policy is to become proactive. If you want to have a good time on a cruise ship and avoid any incidents at all, research, become knowledgeable, and follow the rules.
How to Safeguard Yourself During a Cruise Ship
Throughout our knowledge and encounters with victims injured or that have suffered a wrongful death while taking a cruise ship, we have thought of ways that passengers and crew members can adapt to their travels to remain safe. We recommend some of the following methods to reduce the possibilities of injuries and wrongful death situations while on a cruise:
- Be aware of your alcohol consumption: Being on a cruise is all about having fun right? Yes, to a certain degree. Cruise ships have many bars and all different kinds of alcoholic drinks. You may be tempted to get ahead of yourself and just a little too much. Know how much alcohol you can consume before losing your senses. A cruise ship is practically a moving hotel. If you are intoxicated, you could slip and fall, and even fall overboard.
- Investigate where you are headed: Some countries have more dangerous than others. For example, the Bahamas is a popular visitation site, but it has a high crime rate. Research which places are safe to go to when going on excursions. Find out about their culture, their police force, and any known incidents that have occurred there to cruise ship members while visiting. It is important to be knowledgeable of your destination.
- Travel in a group: It is always better to travel with someone, than to travel alone. For starters, you can look after each other if anything goes wrong. Also, if a criminal becomes interested in you, he or she is less likely to make you a target if you are with someone else. Criminals go after what is the easiest to obtain and attacking one person is less of a struggle than with two people.
- Safety with your balcony: Due to the beauty of the sea at night, you might want to leave your door open, but it is safer not to. Lock your doors and make sure to inspect your balcony before you hit the hay for anyone who may be hiding and waiting for you to fall asleep. Leaving a door open allows easy access for anyone who wants to come in.
- Your safe is there for a reason: Most people do not use their safes located in their cabins. By using your safe and placing all your personal belongings of value, you can avoid someone stealing it. Most crew members are honest, but you are better safe, then sorry.
Don’t consume too much alcohol: We know that alcohol consumption is prevalent on cruise ships, but it is a situation that you should not take lightly. Many people have fallen overboard because they were too drunk and have drowned as a result. Watch for your alcohol intake. Remember, you are surrounded by people you do not know, you do not know their backgrounds, what are their intentions on the cruise ship. For that reason, you must remain vigilant and have all your senses intact.
It is your responsibility to watch out for yourself and your loved ones. While the cruise ship has a legal duty towards you to maintain their safety, you are also responsible to try to avoid becoming a victim of any type of accident that could lead to a wrongful death scenario.
Recoverable Damages in a Wrongful Death Claim
There are two categories that are defined by two separate time frames in wrongful death cases where the eligible parties could recover from. Those categories include:
- Within the first category, damages that are caused from the time the victim suffered the negligent act, until the moment that they passed away because of that act can be recovered. For example, let’s say that your loved one slip and fall on the cruise and suffered a head injury and was taken to the hospital and later died as a result of the injuries. During the time from when the negligence occurred to the death of your loved one, you could be awarded for any damages endured during that period which includes medical bills, loss of wages, funeral and burial costs, and pain and suffering.
- Within the second category, damages that are caused to the next of kin (you) because of the victim’s death can be recovered. This category was created in efforts to compensate the family member of the financial burdens that will come from the death of their loved one. Those damages include money that the deceased would have earned until their anticipated retirement, and some states even permit loss of consortium.
Depending on the circumstance of the wrongful death case, courts might award the plaintiff with punitive damages, but these damages usually have a cap on the amount that can be awarded. Punitive damages refers to the courts wanting the accused party to pay for what they have done because the negligence was so severe that they needed to be punished further.
Cruise Line Companies
This is a small list of all the American Cruise line companies:
- American Cruise Lines
- Azamara Club Cruise Lines
- Carnival Cruise Line
- Celebrity Cruises
- Crystal Cruises
- Disney Cruise Line
- Holland American Line
- Norwegian Cruise Line
- Oceania Cruise
- Polar Cruises
- Princess Cruises
- Royal Caribbean
- Seabourn Cruise Line
Cruise Ship Wrongful Death Numbers
Since the beginning of 2017, 18 passengers have died. (From January to April)
- Out of the 18, 8 were murdered
- Out of the 18, 6 fell overboard
- Out of the 18, 1 was a suicide
- Out of the 18, 1 was by natural causes
- Out of the 18, 2 were accidental deaths
These statistics show how deaths among cruise ships are increasing with each year that passes. This data is only for a four-month span.
Real Life Examples of Wrongful Drownings on Cruise Ships
Sadly, many recreational activities aboard a cruise ship are unsupervised. Here are some real-life examples of wrongful deaths by drowning on cruise ships.
- Norwegian Cruise ship “Gem” traveled to Florida and the Bahamas on a 7-day trip on May 18th, 2015. Sadly, a 10-year old girl died after drowning in the pool aboard the cruise ship.
- A boy that was four years old drowned in the pool within the Norwegian Cruise ship “Breakaway” in February 2015. The cruise was traveling from New York to the Bahamas when this tragedy took place.
- Carnival Cruise Ship “Victory” was cruising to the Bahamas in October 2013. A 6-year old boy from Florida drown in the swimming pool on board the cruise ship
- Costa Concordia contained 3,800 passengers. It was operated by Carnival Cooperation in January 2012. The cruise ship went ashore right off the coast of Italy. There was a total of 32 casualties. This made international headlines.
Unfortunately, drownings should be prevented, especially if there are so many people present in pools. Regretfully, most activities on board a cruise ship lack supervision. Many pools are found without lifeguards which is a factor that can lead to a drowning.
If a wrongful death occurred on board a cruise ship, the family members can pursue a claim against the cruise line. Once the responsible individual or entity has been established for the wrongful death is when Percy Martinez Law Firm maritime and wrongful death lawyers will rest. Until then, they will not stop.
FAQS on Wrongful Death Cases
These are some frequently asked questions with wrongful death:
Question: What is a wrongful death case?
Answer: A wrongful death is when someone dies due to the negligence of another person. This means that had the other person not been negligent, the victim would still be alive. Negligence needs to be present for a wrongful death case to even been viable.
Question: What are the elements needed for a wrongful death claim?
Answer: For a wrongful death claim, like any other personal injury case, there are certain elements that are needed. Those elements include:
⦁ Duty of care required (Cruise lines owe you the highest level of duty of care)
⦁ Negligent action by the cruise line
⦁ Victim suffered damages (wrongful death)
⦁ Victim’s death was the direct result of the cruise lines negligence
If these four elements exist, then as the victim of a wrongful death, the next of kin could be eligible to pursue a wrongful death lawsuit.
Question: Why do wrongful deaths occur on cruise ships?
Answer: There are many reasons why a wrongful death could occur on cruise ship. Some of those include:
⦁ Intentional torts
⦁ Too much alcohol consumption
⦁ Slip and falls
⦁ Man overboard
⦁ Natural causes
⦁ Fires aboard
⦁ Infectious diseases
⦁ Medical malpractice
⦁ Lack of security and supervision
⦁ Faulty equipment on ship
⦁ Excursion accidents
⦁ Tender boat incompetence
⦁ Among other
A passenger on a cruise ship can become a victim of a wrongful death due to a number of different reasons.
Question: Can a wrongful death lawyer help me?
Answer: With cruise ship accident cases, it is not just a personal injury attorney that can assist you, it has to be one that has the experience of handling maritime personal injury cases like we do. Maritime law is complex, especially when it involves wrongful death scenarios. Definitely, a skilled maritime wrongful death attorney from Percy Martinez Law Firm in Miami can assist you with your wrongful death claim.
Any concerns or questions that you have in addition to these can be answered by a maritime attorney in Miami. Remember, we offer free consultation with no obligation whatsoever. We are here to answer all of your questions and concerns. Feel free.
Wrongful Death Miami Cruise Ship Lawyers
Losing a loved one when their death could have been prevented is a terrible situation to go through. Knowing that they could still be here today had the cruise line not been negligent can cause a lot of rage to develop in you. We understand these feelings far too well and our expert wrongful death cruise ship accident attorneys from Miami Percy Martinez Law Firm want to aid you through the process. Not only do we offer excellent legal assistance, but we also offer our hands and compassionate heart during these tough times. If your loved one was a victim of a wrongful death while on a cruise ship, make sure to seek justice for the damage that has been done and for the life that has been lost. We are here to assist you through all steps of the lawsuit for wrongful death.