Cruise Ship Passenger Shore Excursion Injury & Accident
Cruise ship passengers do unfortunately suffer injury and even death due to accidents while on a cruise ship sponsored shoreside excursion. Having previously represented the cruise ship companies for 19 years, the board certified maritime attorneys at the law firm of Brais Brais & Rusak are in a unique position to help cruise ship passengers who have suffered personal injury or death due to an accident while off the cruise ship during a shoreside excursion. The lawyers at the law firm of Brais Brais & Rusak with offices in Miami, Florida, Boston, Massachusetts and Houston, Texas are here to help cruise ship passengers injured during cruise ship shoreside excursion accidents.
Cruise ship passenger Injuries and accidents sometimes occur while visiting ports of call during a shoreside excursion. Cruise lines often argue that they are not responsible for “off-ship” injuries to their cruise passengers because of a signed waiver of liability clause or, alternatively, that the shoreside concessionaire is an “independent contractor” over whom the cruise line had no control. In certain instances, however, the law says otherwise. The board certified maritime attorneys at the law firm of Brais Brais & Rusak are experienced with assessing if a cruise line is liable for injuries occurring ashore during a cruise ship passenger’s shoreside excursion.
Is the Cruise Line Liable if I was Attacked While on Shore?
Very Possibly: Cruise lines are obligated to warn cruise ship passengers of known dangers in places where a cruise passenger was invited to or could reasonably be expected to visit. As such, if a cruise line does not warn of a dangerous area in a port of call that is known to the cruise line and a cruise ship passenger is attacked in that area, the cruise line may well be liable.
Is the Cruise Line Liable for an Accident that Occurred on an Excursion?
Possibly: Often times, an excursion ticket or contract contains exculpatory clauses purporting to relieve a cruise line and/or shoreside excursion company from liability arising from an accident or injury occurring during a shoreside excursion. These exculpatory clauses if narrowly and unambiguously worded have been enforced by certain courts to the benefit of shoreside excursion companies and cruise lines. Courts, however, generally do not like to enforce such clauses and an experienced maritime practitioner is needed to convince a judge why a particular clause is unenforceable thus, paving the way to a successful monetary resolution of your law suit against the cruise line and/or shoreside excursion company. Independent of your claim against a shoreside excursion company, a claim may exist against the cruise line for the negligent selection of the excursion company or based upon other legal theories.
The attorneys at the law firm of Brais Brais & Rusak have the experience to protect your rights, the compassion to serve your needs, and the skill to obtain the compensation you deserve. To reach our lawyers you may click email the firm, call 1-800-499-0551 from within the U.S., Skype BraisLaw worldwide or click Contact Us to select and complete a form for a free evaluation of your case.
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