Proving Negligence in a Cruise Ship Crew Member Injury

Proving Negligence in a Cruise Ship Crew Member Case

You see it in the news a lot. Injured or sick passengers on a cruise ship sue the cruise line for negligence. But what about crew members? Crew members can also get injured or become ill on the ship. So, how do you prove negligence in a cruise ship crew member case?

Can Crew Members Sue Cruise Ships for Negligence?

The first question is, can crew members sue cruise ships for negligence? The answer is yes. Crew members can sue under the Jones Act, enacted in 1920, to protect seamen. If you are a crew member injured while working on a cruise line, you can file claims for compensation under this Act.

To be eligible to sue the cruise ship employer under the Jones Act, an injured crew member must prove that the cruise ship company was negligent in some way and that its negligence was the cause of the injuries the seaman suffered. Under the Jones Act, the negligence that led to the injury or illness need not have been the primary cause. Just being “a” cause of the injury or illness is sufficient.

What Compensation Is Available Under the Jones Act?

Seamen are nearly always eligible for “maintenance and cure” benefits under the Jones Act when injured. These benefits are comparable to workers’ compensation benefits. This provision of the Jones Act came about because workers’ compensation benefits were not available to seamen.

“Maintenance and cure” amounts to payments to cover the seaman’s daily and necessary medical expenses.

It’s different when the seaman sues the cruise line company for negligence under the Jones Act. The kinds of compensation available in a lawsuit of this type include:

Lost wages
Future lost wages
Lost employment benefits
Medical expenses
Future medical expenses
Pain and suffering
In some cases, punitive damages

Where and When Do I Need to File a Jones Act Lawsuit?

You can file a Jones Act lawsuit in federal or state court. Your attorney can advise you about the best venue for your situation.

You must file your Jones Act lawsuit within three years of the date of injury. If you miss this deadline and try to file your lawsuit anyway, your case will likely be dismissed, and you will have lost the opportunity to pursue compensation for the cruise ship company’s negligence.

Recovering Compensation Under the Jones Act

Crew members can sue the cruise line under the Jones Act if they do not provide a reasonably safe place to work and properly maintain the vessel where the seaman works in a reasonably safe condition. Some of the reasons to sue include:

Equipment malfunction
Wet or slippery deck surfaces
Unsafe work procedures
Dangerous placement of cruise line objects
Negligence of co-workers
Failure to provide safety equipment
Failure to properly train staff
Assault by a co-worker

Proving Negligence in Crew Member Claims Against Cruise Ships

Proving Negligence in a Cruise Ship Crew Member Case 2

To prove personal injury claims, an injured crew member must show that negligence by their employer caused their injuries. The crewmember must show that they spend at least 30 percent of their working time on a ship in navigable waters.

Crewmembers should do certain things if injured on the ship, just as in any other personal injury accident. Following these rules will help your attorney prove your case:

Take a lot of pictures and videos of the accident scene.
Get the names and contact information of any witnesses to the accident.
Call the security or the cruise ship police at the accident scene. You will need a written report of what happened.
Contact a knowledgeable and experienced cruise ship attorney who can help you pursue compensation for your injuries.

The Crew Member Negligence Attorneys of Vucci Law Group Can Help

The Florida cruise ship injury attorneys at Vucci Law Group have handled personal injuries on cruise ships for over 30 years. We know the laws specific to cruise ships and use them to fight for your right to compensation for your injuries.

Call us today at (866) 404-3415 for a free consultation. We work on a contingency-fee-basis, which means we only get paid if you get money through a settlement or verdict.

Our attorneys will be by your side during every aspect of your case, from the initial consultation to the day you pick up your compensation check. We care deeply for our clients and want to get them the money they need after being injured in a cruise ship accident. Let us help you succeed in your claim. Call now.

Request a Free Consultation

Name(Required)

First Last

Email(Required)

Phone(Required)

Message(Required)

CAPTCHA

Types of Claim

There are many things for which a passenger may make a claim, some of which include:

Slip and Fall Accidents

Water Slide / Wave Pool Accidents

Swimming Pool Accidents

Contaminated Food

Norovirus Outbreaks

Fires

Falling Overboard

Physical Assault

Jack

Firstly, I want to say a massive thank you to everybody at the Vucci Office! In particular - Karl, Millie and Raul . I was visiting from England and they couldn’t have made me feel more welcome; They worked perfectly as a team to make me feel assured and made a hard time much easier.

Louis Vucci was recommended to me by a friend from my previous career and after using him, I can safely say I have no regrets.Louis was consistently honest with me which I greatly appreciated. He spent an endless amount of time on my case and his passion was so genuine - I couldn’t have asked for anything more. I couldn’t recommend them anymore.
Once again, thank you!

Albert L.

I was injured on a cruise ship – I slipped and fell and injured my shoulder. I was not sure about the process and needed help. I had no idea about the difficulty in dealing with a cruise line. My attorney, Louis Vucci, handled my claim from beginning to end and guided me throughout. He and his staff were courteous and attentive and obtained a great result on my behalf.

Betty A.

I had to have hip repair surgery because of a slip and fall on a cruise ship. Louis was very kind and professional. This was my first experience working with an attorney. He never tired of all my questions and answered truthfully and respectfully. He honestly understood my concerns and addressed every single one. I could not have asked for a better attorney. He and those in his office were wonderful. He settled my case in a timely manner and I was very happy with the outcome.

Andrew Somer

I worked with Louis and The Vucci Law Group from an incident I had aboard a cruise ship. Louis was very candid, honest and sympathetic to my situation. He was thorough and worked on my behalf with the cruise line, insurance and medical companies. He kept me fully updated and informed every step of the way. He made this very challenging time a little easier to handle. Highly recommended.

Denise Grosdanof

My son broke his arm while participating in the onboard child care program. I approached other lawyers who turned down my case. I was about to give up and I decided to try one last time. I found Louis and I could not be happier that I did. Not only did he sympathize with my case he was well versed on legal responsibility the ship has to ensure safety of children while in their care. He responds to inquiries and emails immediately and takes you through the steps to file a claim. We were extremely happy with the outcome! I highly recommend working with Louis, he is knowledgeable friendly and easy to approach. The whole process was painless.

K. K.

I broke my C4 vertebrae after suffering a fall on a Flow Rider excursion sold by Carnival Cruise Line. I was very fortunate to have Louis Vucci represent me in my personal injury lawsuit. Louis was extremely professional, knowledgeable and tenacious. He did an excellent job of asserting my claim against all responsible parties (including the Flow Rider operator in Grand Turk), anticipating and addressing their defenses, and securing a very favorable settlement. Along the way, Louis always kept me informed about the status of my case and minimized any inconvenience to me, which I very much appreciate since I live in New Jersey. Thank you Louis for your good counsel and determination to obtain a fair and just resolution.

Ryan Bockiaro

Louis is down-to-earth and will go out of his way to help you

See all Testimonials

(786) 375-0344