Slip & Falls
Cruise ship slip and fall accidents are by far the most common type of accident which occur aboard cruise ships. Our cruise ship slip & fall accident attorneys have handled a multitude of slip and fall accident cases over the years and have a keen understanding as to why they occur and how the cruise lines could be held responsible. In our experience, these accidents most often occur because of:
- Wet & slippery interior decks;
- Diminished anti-skid properties of deck coatings due to overuse;
- Slippery pool decks;
- Varnished teak wood surfaces;
- Polished marble surfaces;
- Foreign liquid substances;
- Dropped glassware in dining areas;
- Steep or wet gangways; and,
- Improperly positioned or no handrails.
Passengers who are injured in a cruise ship slip and fall accident often want to know if the cruise line could be held responsible. Cruise operators owe all passengers and guests aboard their ships the legal duty to exercise reasonable care under the circumstances. In other words, the cruise companies have the duty to act in such a way as to avoid causing personal injury.
This duty includes warning passengers of dangerous conditions that are not openly apparent and obvious such as clear liquid or suntan oil that may have been spilled on the deck. In situations where the cruise lines do not have a hand in creating the dangerous condition, such as instances involving other passengers dropping a glass of water, an injured plaintiff must prove that the cruise operator had actual or constructive notice of the dangerous condition and had the opportunity to warn.
Independent of the duty to warn, cruise lines also owe their passengers and guests the legal duty of outfitting their ships with walking surfaces that possess adequate anti-skid properties with an appropriate slip resistance in both wet and dry conditions. The duty to provide flooring with adequate slip resistance carries throughout the entire cruise ship to any area where passengers and guests are invited and expected to traverse. Such areas include interior and exterior decks, atriums, elevators, restaurants, spa areas, gift shops, theaters and gangways.Establishing a Cruise Ship Slip & Fall Claim
Successfully establishing a cruise ship slip and fall claim requires gathering evidence. For claims based upon the transitory conditions such as spilled liquid, our firm demands that the cruise lines produce all available CCTV footage of the accident scene for the hours leading up to the accident. This video evidence often shows how long the hazardous condition existed and help prove that a reasonable cruise line exercising caution for its passengers’ safety would have noticed it, made the appropriate warnings and rectified the hazard.
In cases concerning the failure to maintain a decking surface, we compel the cruise lines to produce evidence of prior slip and fall accidents which occurred in the area and a maintenance schedule for the decking surface. We also compare documents we receive from the cruise line with what the decking surface or protective coating manufacture requires for maintenance.
In addition to obtaining evidence concerning the deck’s accident history and maintenance, we often retain expert engineers to perform scientific testing to measure the coefficient of static friction. With these measurements, we can establish whether the deck’s coefficient of static friction value falls below reasonable industry standards thereby proving the cruise line is negligent in maintaining its deck surface.Common Injuries Resulting From a Cruise Slip & Fall?
Though this is not an exhaustive list, common injuries resulting from cruise slip and falls are vast and include:
- Traumatic brain injuries;
- Fractured wrists, elbows, hips, knee caps and ankles;
- Shoulder rotator cuff tears;
- Knee meniscus tears; and,
- Neck and back fractures and herniated discs.
No matter the injury, it is imperative that an injured passenger or guest immediately report the incident and seek appropriate medical care and treatment. Sometimes this means cutting the cruise vacation short and flying back home.Experienced Cruise Ship Slip & Fall Attorneys
The cruise ship slip & fall attorneys of Brais Law Firm have the experience and resources necessary to successfully represent passengers against the cruise lines. Since our founding partner Keith Brais is a graduate from a maritime academy who focused his studies on marine engineering, we not only have a legal understanding of slip and fall claims, we bring an engineering understanding to our clients’ cases.Obtain a Free Evaluation of Your Case
To reach our cruise injury attorneys simply click Contact Us or call 800-499-0551 from within the U.S., or call 305-416-2901 from within the State of Florida. When you contact us, we provide a free analysis of your case and answer any questions you may have concerning your cruise accident case.