Many people enjoy going on cruises, but unfortunately, not everyone who embarks on a cruise behaves appropriately. If a party suffers harm while on a cruise due to the negligent or intentional acts of another party, the cruise ship will typically not be deemed liable. There are exceptions, though, such as when the cruise ship is on notice that harm is likely to occur and fails to take the measures necessary to prevent it. Recently, a Florida court discussed what a plaintiff seeking compensation for harm caused by another cruise ship passenger must prove, in an opinion issued in a case in which the judge ultimately ruled in favor of the defendant. If you were injured on a cruise, it is smart to speak to a Florida personal injury attorney to discuss what damages you may be owed.
The Plaintiff’s Harm
Allegedly, the plaintiff was a passenger on a cruise ship owned by the defendant. She was walking up the gangway when the ship was docked in the Bahamas when the man walking in front of her lunged and swung at another woman. The woman fell and hit the plaintiff, causing her to fall off of the gangway and hit her head on the pier. The plaintiff subsequently suffered a traumatic brain injury and concussion and developed chronic migraines.
Reportedly, the plaintiff filed a lawsuit against the defendant, arguing it had notice of the man’s dangerous propensities but negligently failed to prevent him from harming another individual. The case proceeded to a bench trial, after which the judge found that it failed to establish the defendant’s liability. Continue reading ›