Island Queen Cruise Ship Injury
Boat tours are popular in the Miami and Fort Lauderdale area. However, they are not free of risk. If you were injured on an Island Queen boat tour because of the company’s negligence, you are entitled to pursue compensation for your losses.
At Louis A. Vucci P.A., we have experience representing individuals injured on cruise ships and helping them seek the compensation they deserve. Contact our skilled legal team at (786) 375-0344 or by filling out our online form to discuss your legal options during a free case evaluation.
Island Queen Fleet
Island Queen Cruises & Tours currently have eight yachts in their fleet that can be used for sightseeing tours or rented for events. The fleet includes:
- Biscayne Lady
- Venetian Lady
- Island Queen
- Miami Lady
- Island Lady
- Sunset Lady
- Sunrise Lady.
If you were injured on or by any of these boats because of the company’s negligence, you may be entitled to pursue compensation against Island Queen Cruises & Tours.
Island Queen Ticket Contract
When you purchase an Island Queen Cruises & Tours sightseeing or excursion ticket, you agree to a contract that is part of the ticket. The agreement sets forth specific terms and conditions, including:
- Passenger liability for damages they cause
- Limited liability for the company
- Time limits on filing claims and lawsuits
- Jurisdiction limitations
- Governing law limitations
Once you purchase your ticket and board the cruise ship, you are subject to the terms and conditions of the ticket contract. It is necessary to understand the terms of the ticket to seek compensation for your injuries on an Island Queen boat. An attorney can help you understand the terms that apply to your case.
Under the ticket contract, the company is not liable for any illness, injury, death, or property damage on the ship unless caused by the company’s negligence or fault. This includes the negligence or deliberate fault of any of their employees.
Maritime law states minimum timeframes cruise lines can give passengers for filing claims or lawsuits. Most cruise companies use the minimum timeframe allowable. Under an Island Queen ticket contract, you must notify the company of any claim against them for injury or death within six months after the event occurred. If you choose to file a lawsuit, you must do so within one year of the death or injury.
For a claim concerning anything other than a death or injury, the claimant must notify the company within 30 days of the cruise date, and they must file their lawsuit within one year of the cruise date. If you fail to inform the company or bring a lawsuit within the required timeframes, you may be unable to pursue compensation.
Island Queen Cruise & Tours has its headquarters in Miami, Florida. As a result, they limit lawsuit jurisdiction to the federal or state court in Miami-Dade County, Florida. By purchasing a ticket, you agree to the jurisdiction stated in the ticket contract.
Therefore, if you bring a lawsuit in the wrong jurisdiction against Island Queen Cruises & Tours, it may be dismissed.
The primary governing terms are those outlined in the ticket contract. In the contract, you agree that maritime law will govern all lawsuits concerning injuries or death on cruises. If maritime law does not apply, the governing law will be Florida law.
Applicable Cruise Ship Laws
Certain federal and international laws may apply to personal injury lawsuits resulting from cruise ship injuries. For example, the following maritime and international laws may apply:
- Federal Marine Transportation Safety Act: This federal law protects maritime workers and passengers. It requires all ships engaged in commercial activities to be seaworthy and properly trained crew.
- Death on the High Seas Act: This federal law applies to deaths that occur at least three nautical miles from a United States coastline. It allows the families of maritime employees, cruise ship workers, and cruise ship passengers to bring wrongful death actions against any negligent party.
- International Convention for Safety of Life at Sea (SOLAS): This federal law applies to any cruise that takes on passengers at a United States port. Any ship that falls under SOLAS is required to meet certain safety measures, including vessel integrity.
- Jones Act: Although much of this act concerns maritime employees, it also applies to certain aspects of cruise ship operation.
The experienced cruise ship injury legal team at Louis A. Vucci P.A. understands the federal and international laws that may apply to a personal injury lawsuit against Island Queen.
Common Causes of Island Queen Cruise Ship Injuries
Sightseeing boat tours are fun, but there is a risk that someone may be injured. The following are common causes of injuries on sightseeing boat tours:
- Inadequate security: When passengers are the victims of physical or sexual assault, the cruise line may be liable if they failed to provide adequate security measures.
- Medical negligence: If the medical staff on board fails to properly treat passenger illnesses and injuries, they may be considered negligent.
- Drowning: Passengers can drown in pools, hot tubs, and by falling overboard.
- Food poisoning: Improperly handled, stored, or cooked food can cause passengers who eat the food to become ill.
- Fires: It may not seem likely, but fires occur on boats due to electrical problems and other issues.
- Slip and falls: It’s not uncommon for ship decks to get wet and cause people to slip. The ship’s operator and employees must keep the decks safe.
- Infectious diseases: Poor sanitation on board the ship can cause infectious diseases such as norovirus and influenza to spread.
Common Island Queen Cruise Ship Injuries
Some common injuries that occur on cruises include:
- Traumatic brain injuries
- Broken legs, arms, toes, fingers, etc.
- Loss of limb
- Spinal cord injuries
- Internal organ injuries
Passengers and workers risk injury while aboard a cruise ship. If you were injured on one of the Island Queen boats because of the company or their workers’ negligence, you might be entitled to pursue compensation.
Determining Island Queen’s Negligence
Determining negligence for an injury aboard an Island Queen boat tour requires the plaintiff to show that the company failed to take reasonable steps to ensure its passenger and workers’ safety. To prove the company’s negligence, you must show the following:
- Duty of care: Ship owners and operators must provide a safe environment for their passengers and workers. This includes ensuring that the vessel is seaworthy and that adequate safety measures are in place. They should regularly inspect the ship and ensure necessary repairs are made. They should also warn passengers of any safety issues.
- Breach of the duty of care: The owner or operator may breach their duty of care in several ways. For example, they may breach their duty of care by failing to train the crew or maintain a safe work environment.
- Causation: The breach of duty must have directly caused the injury, meaning the plaintiff would not have been injured if not for the breach of duty. If something unforeseeable happens to cause your injury, the cruise line may be able to show that it was not their negligence that injured you.
Recoverable Compensation for Island Queen Cruise Ship Injuries
If you were injured aboard an Island Queen boat tour because of someone else’s wrongdoing, you might be entitled to recover compensation for injuries caused by the negligent party. The negligent party might include the company, worker, or another passenger. The types of payment you may be able to recover include the following:
- Medical expenses: An injured party can seek compensation for medical treatment such as surgery, doctor’s visits, rehabilitation, and medications. These expenses may include past and future medical costs. For example, if the injury requires ongoing treatment, you are entitled to seek compensation that will cover those future expenses. An experienced cruise ship attorney will consult an expert witness to determine future expenses for your injury.
- Lost wages: If someone misses work because of an injury caused on the cruise ship, they are entitled to compensation for the lost wages. This can include past and future lost wages if your injury will require you to miss work in the future.
- Diminished capacity to earn: If someone’s injury impacts their ability to work and earn a living, they may be able to recover compensation for reduced earning ability. For example, if you are unable to do your old job and have to get one with a lower salary, you may be compensated for the difference between your pre- and post-injury earnings. To claim diminished capacity, you must show your pre-injury earnings, current earnings, and any documentation supporting your claim.
Contact Louis A. Vucci P.A. for Help in Recovering Your Deserved Compensation
At Louis A. Vucci P.A., we help our clients pursue the compensation they deserve for injuries caused by cruise companies. When you contact us, we will listen to your story, gather evidence, build a strong case, and seek maximum compensation. We will handle all the legal details while you focus on recovering your health. To discuss your legal options during a free case evaluation with Louis A. Vucci P.A., contact us today by calling (786) 375-0344 or filling out our online form.