The Jones Act ("the Act") is a federal law passed by Congress in 1920 designed to protect sailors who suffered injuries or fell ill during a voyage. The Act gives seamen an opportunity to sue their employers for damages if they are injured due to their employer's negligence. The common law rules of maritime law obligate a vessel's owner to care for and provide for the safe passage and medical attention for a sick or injured seaman. Furthermore, maritime law provides for the care of seaman from harm caused by ships that were not seaworthy. The injured seaman has an option, therefore, to bring a suit in admiralty or under the Jones Act. In certain circumstances, the sailor has the opportunity to seek punitive damages.
Cruise ship attorneys Greenberg, Stone, & Urbano keep a watchful eye on court decisions that potentially affect their clients. The case of Cubero v. Royal Caribbean Cruises, LTD. is of great interest to them because the recent decision issued by the judge may adversely affect their clients. Analyzing the decision prepares these seasoned attorneys to use this decision for their clients. The degree of preparedness and legal acumen sets these cruise ship accident attorneys from Greenberg, Stone, & Urbano apart from others.
Young children continue to fall victim to cruise ship accidents, and a recent accident has left one young boy with severe injuries. As a cruise ship was traveling through the Caribbean, visiting the U.S. Virgin Islands, the British Virgin Islands as well as the Bahamas, an 8-year-old boy suffered a fractured skull and traumatic brain injury (TBI) after falling on a basketball court on Norwegian Cruise Line's "Escape." Reports indicate that at the time the accident occurred, the parents were not there to witness what happened.
The Zika virus has caused an uproar worldwide and is one reason why the Rio Olympics may suffer this year, as many athletes and spectators have chosen not to go to Brazil for fear of contracting the Zika virus. This particular virus has been linked to microcephaly, a birth defect which causes infants to have small and misshapen heads. Recent cases of Zika in the Miami area have caused South Florida residents some concern as the Zika virus has now officially been contracted in the United States.
If you have ever had a stomach bug or flu, you know just how awful the symptoms can be. Norovirus is an extremely contagious stomach-related infection that has been known to plague cruise ships, causing numerous passengers and crew members to become ill. A recent court ruling in the United Kingdom, the first of its kind in U.K. courts, determined that Fred Olson Cruise Lines is responsible for the illnesses suffered by numerous passengers onboard the cruise ship Boudicca in March and April of 2011. The U.K. court found that the Norovirus victims are entitled to compensation for their suffering as a result of contracting Norovirus.
Miami Personal Injury Attorneys Celebrate the Use of Seatbelts
Many people do not realize that a ticket to board a passenger ship is a binding contract, subject to certain limitations. One of the contract clauses courts will enforce is the "forum selection clause" on the ticket. Another clause courts will enforce is the requirement to notify the company in writing of any claim for personal injuries within a certain time frame. Also, courts enforce the contractual one-year statute of limitations on personal injury lawsuits from injuries arising on cruise ships. As experienced cruise ship injury attorneys, we see a plaintiff's failure to follow the contract clauses on their ticket can result in missing the opportunity to file a claim for personal injuries suffered on a cruise ship.
The legal doctrine of negligent entrustment authorizes the imposition of liability on the owner of a dangerous instrument, such as a motor vehicle, for negligence by a motorist the owner knows or should know poses an unreasonable risk of harm. The basic rationale for this legal theory is that a vehicle owner should exercise ordinary care when placing a dangerous instrumentality like a motor vehicle in the hands of another. While actual knowledge that the person using the vehicle has a pattern of drunk driving convictions, citations for reckless driving, or a history of at-fault accidents can justify liability, vehicle owners cannot bury their head in the sand to avoid liability. The legal relationship between the parties as well as known facts might give rise to a duty to inquire further. In this blog, our Miami personal injury attorneys highlight a recent case where a Florida appellate court allowed a claim of to go forward based on the negligent driving of an employee under the legal doctrine of negligent entrustment.
While injury victims pursue personal injury lawsuits to obtain compensation for economic losses, pain and suffering, and other harm experienced because of careless or inattentive conduct, some forms of behavior merit a different form of damages. Unlike compensatory damages, exemplary or punitive damages serve the function of punishing a wrongdoer and discouraging recidivism. Although the amount awarded can be substantial, Florida law applies caps on the amount of punitive damages that can be awarded and imposes a higher evidentiary standard. In this blog, our Miami personal injury attorneys review a recent court decision wherein a Florida appellate court made the task of pursuing punitive damages even more difficult.
When patients entrust medical professionals, facilities, and hospitals with their healthcare, an expectation of competent diagnosis and treatment consistent with the established standard of care in the community constitutes a reasonable expectation. Many people are overwhelmed by the massive stack of intake paperwork they face as new patients. Frequently, a waiver or release of liability often will purport to limit the legal rights and remedies of patients to seek financial compensation for injuries or other harm caused by the negligence of a health care provider. Although many patients assume they cannot pursue a medical malpractice claim because their health care provider had them execute a document limiting the liability of the provider or facility, courts do not always enforce these types of provisions. In this blog, our Miami medical malpractice lawyers review a court case decided a few weeks ago that allowed a plaintiff to pursue a medical malpractice claim despite signing a release of liability.