What Are the Odds of Dying on a Cruise Ship?
Cruises are nothing short of the ideal vacation – unless disaster strikes. Cruises are dangerous, and victims could suffer fatal injuries in any number of accidents.
Unfortunately, the odds of passengers sustaining life-altering or fatal injuries on cruises are relatively high. Passengers might fall overboard because of faulty guardrails or extreme intoxication from being overserved by negligent staff. Food-borne illnesses or infectious diseases could also lead to fatalities on cruises, as might intentional assaults due to negligent security. A surviving family’s odds of holding an at-fault cruise ship liable for a victim’s death depend on a few factors, such as whether they file within the statute of limitations and in the right jurisdiction, which is sometimes difficult to determine in these cases. Our lawyers can help with these aspects of your case in addition to preserving evidence that can help you meet the standard of proof.
To get help with your case from Rivkind Margulies & Rivkind, call our cruise ship wrongful death lawyers today at (305) 204-5369.
Are the Odds of Dying on a Cruise Ship High?
Cruise ships are relatively dangerous places for several reasons. These ships are exceptionally large, with many areas that require proper maintenance and upkeep to avoid passenger injuries. Passengers could fall overboard due to faulty railings or even be assaulted by other passengers, crew members, or non-passengers who board ships at foreign ports because of negligent security.
Deaths Due to Falls
Falls are one of the most common reasons for cruise ship fatalities. The odds of a passenger dying by falling overboard increase when cruise ships do not follow the Cruise Vessel Security and Safety Act (CVSSA), which mandates guardrails of at least 42 inches around all decks and passenger-access areas. Passengers who fall overboard could die when they hit the water because of delayed search and rescue missions or after they are rescued because of anoxic brain injuries.
Falls onto lower decks could also be deadly, as victims might sustain fatal spinal cord injuries or other devastating injuries during these accidents, which poorly secured guardrails might also cause. Falls overboard due to serious intoxication might be the cruise ship’s fault if a crew member overserved a visibly drunk passenger, leading to their fall and death. Security camera footage showing a crew member overserving a passenger and eyewitness statements confirming that can help prove liability in these cases.
Deaths Due to Illnesses
Food-borne illnesses and infectious diseases are common on cruises. Viruses can spread quickly through ships if it does not follow appropriate quarantine procedures, sometimes leading to serious illnesses and deaths. If a passenger dies from a food-borne illness on a cruise, it could be because of the kitchen staff’s negligence or failure to follow food safety protocols, making the cruise ship liable for the surviving family’s damages. Cruise ships may be liable for infectious diseases spreading and killing passengers for failure to quarantine or follow the appropriate procedures.
Deaths Due to Intentional Assaults
Unfortunately, intentional assaults, including sexual assaults, happen frequently on cruises. With hundreds of people on board, cruises must provide a certain degree of security and surveillance to deter criminal or intentional acts like assaults. This includes security cameras, per the CVSSA. If a victim dies because of injuries sustained during an attack on a cruise, our lawyers can confirm the cruise ship’s responsibility, likely due to negligent security or vicarious liability.
What Are the Odds of Getting Compensation After a Victim Dies on a Cruise Ship?
The surviving family’s odds of successfully holding a negligent cruise ship company liable for a passenger’s onboard death will depend on several factors, such as if they file their claims on time, in the proper jurisdiction, and can prepare a claim capable of meeting the standard of proof for maritime lawsuits.
If You File Late
The statute of limitations for maritime wrongful death claims is typically one year, which is shorter than what survivors might anticipate. In addition to filing your lawsuit so soon after a loved one’s untimely and shocking death, we might have to send notice of the claim to the at-fault cruise ship company within six months, depending on the stipulations within the deceased passenger’s ticket. If you file late, the court will likely dismiss your claim, eliminating your odds of holding a liable cruise ship responsible.
If You File in the Wrong Jurisdiction
The jurisdiction for cruise ship wrongful death claims is typically dictated by the location of the ship’s headquarters. For example, many cruises are headquartered in Florida since this is a popular place for ships to depart. If your loved one died on a ship, our attorneys can quickly confirm the appropriate jurisdiction for your eventual wrongful death suit so that you do not reduce your odds of getting compensatory damages.
If You Cannot Meet the Standard of Proof
For civil wrongful death claims, we must prove that it is more likely than not that the cruise ship’s breach of duty led to a victim’s death. Because cruise ship deaths happen at sea, collecting evidence is often difficult for survivors, especially if they are not present on the ship during the accident. To preserve evidence in these situations, our cruise ship wrongful death lawyers can quickly contact the at-fault ship and request footage from onboard security cameras. Remember, cruises must have surveillance systems under the CVSSA, so relevant footage might exist. On top of that, we can promptly identify and interview eyewitnesses, review cruise ship incident reports, organize the decedent’s medical records, and collect proof of your family’s damages, such as hospital costs and funeral expenses. Though many cruise ship wrongful death lawsuits are settled out of court, having sufficient evidence to meet the standard of proof is crucial to give us the upper hand during settlement negotiations.
Call Our Attorneys for Help with Your Cruise Ship Wrongful Death Case
Call Rivkind Margulies & Rivkind at (305) 204-5369 for a free case evaluation from our cruise ship injury lawyers.
