Case may open cruise ships to medical negligence damages

Posted on Monday, December 8th, 2014 at 5:35 pm    

The United States’ Court of Appeals for the 11th Circuit’s made a decision that could be the turning point regarding personal injury accident victims at sea and their ability to sue cruise lines, Travel Weekly reported on November 23.

The case in discussion is about a man who sought medical aid for his injury while ashore in Bermuda during a cruise trip with Royal Caribbean International’s MS Explorer of the Seas back in 2011. The man succumbed to his injuries, and the man’s daughter, Patricia Franza, filed a lawsuit against Royal Caribbean Cruises Ltd. in a bid to hold the ship’s doctor and nurses responsible for the man’s death.

Although initially rejected, Circuit Judge Stanley Marcus acted on behalf of a three-judge panel and sent the case back to the U.S. District Court for the Southern District of Florida to be re-evaluated.

For a period of more than 25 years, a precedent set in a 1988 case was the main basis for why courts usually rule that cruise lines cannot be held liable for the fault of their doctors or nurses, who were regarded as independent agents and not employees.

If you have a case involving medical negligence on a cruise ship our attorneys at The Louis A. Vucci P.A., may provide aggressive representation to hold the responsible parties accountable. Call our offices today at (786) 375-0344 to learn more about the legal services we offer.