Gross Negligence vs. Negligence in a Cruise Injury Case
The type of negligence exhibited by a defendant could dictate the damages available in your case, which is why our lawyers will carefully review their conduct when preparing your cruise ship accident case.
Ordinary negligence and gross negligence differ in cruise ship injury claims, one potentially opening the door to more damages for victims. For example, when cruise lines are found liable for gross negligence, juries can make them pay punitive damages to victims on top of compensatory damages. Gross negligence involves the reckless disregard for another person’s safety, while ordinary negligence only involves a breach of duty of care. Because punitive damages come from juries, settling a gross negligence case won’t lead to these damages. Our lawyers can help you decide whether to accept proposed settlements or go to court so you get the compensation you need.
For a free case discussion with our cruise ship injury lawyers, call Rivkind Margulies & Rivkind at (305) 204-5369 today.
How Do Negligence and Gross Negligence Differ in Cruise Ship Injury Cases?
The main difference between ordinary negligence and gross negligence is the type of conduct exhibited by the at-fault party. Parties show ordinary negligence when they breach their duty of care by acting irresponsibly. Gross negligence, however, involves the reckless disregard for other’s safety and could increase the potential damages victims can get when they go to court.
Ordinary Negligence
Ordinary negligence is what typically leads to lawsuits for cruise ship injuries and other accidents. Negligence takes place when one party breaches the duty of care they owe another and injures them, typically out of failure to take reasonable precautions to protect others from harm.
For example, a janitorial crew that fails to clean up a spill on a slick deck might show ordinary negligence in failing to do so. Other examples of negligence on cruise ships include negligent security, which involves the cruise ship failing to adequately check passenger tags at entry points and prevent non-passengers from entering the ship.
Cruise lines or other at-fault parties can be made to cover victims’ economic and non-economic damages when found liable for ordinary negligence. This should include all medical expenses, lost wages, and pain and suffering associated with the accident. To prove ordinary negligence in cruise ship injury lawsuits, our lawyers must establish that the defendant owed you a duty of care, the defendant breached their duty of care, their breach caused your injuries, and you suffered real damages as a result.
Gross Negligence
Someone demonstrates gross negligence when they show a reckless disregard for someone else’s safety with their acts or failure to act. For example, suppose there was a reported outbreak of a food-borne illness on the ship, and the kitchen staff was not directed to follow food safety protocols or the ship did not respond to the issue appropriately, leading to more passengers falling sick. That could constitute gross negligence if the cruise ship’s reckless failure to act in response to a known issue caused your economic and non-economic damages.
Negligent security could become gross negligence if the cruise had a recent non-passenger-involved incident and did not address the poor security, leading to another incident that harms you. Non-passengers entering cruise ships is a serious concern, as this could increase the risk of intentional assaults on passengers.
When found liable for gross negligence, cruise ships can be made to pay punitive damages to victims in addition to compensatory damages. Punitive damages are used to make examples of defendants and punish them for their reckless and egregious misconduct. Punitive damages are not capped in cruise ship injury claims, and neither are compensatory damages. When assessing your case, our attorneys can evaluate the defendant’s conduct to determine if punitive damages could be available. If so, we may specifically request them when filing your complaint in court.
Settling Cruise Ship Injury Claims vs. Going to Trial Because of Gross Negligence
While many victims initially want to settle their injury claims quickly, doing so could leave them still missing crucial compensation, especially punitive damages if the cruise line’s conduct reaches the level of gross negligence.
You can only hold a cruise ship liable for gross negligence and get punitive damages by going to trial. Juries award these damages, and you can’t get them from settlements. That doesn’t mean, however, that settlements in gross negligence cases cannot be high. Starting offers are typically low, though our Miami cruise ship injury lawyers may get them to increase substantially through staunch negotiations.
When cruise ships face the prospect of being held liable for punitive damages at trial, they might offer sizeable settlements to keep the matter out of court. Whether or not we advise victims to accept these offers depends on how they compare to their actual damages. In addition to losses incurred to date, we will seek compensation for future medical expenses and lost wages you expect to incur. Otherwise, you could find yourself having to cover those damages yourself if the settlement is insufficient.
We can take your case to court if settlement offers never increase appropriately. Sometimes, indicating we are ready for a trial will convince the other side to make a final, higher offer that better suits your needs. During trials, defendants might continue sending settlement offers, and plaintiffs can accept them anytime. At the end of a trial, the jury will award compensation based on the proof of damages we provide and their assessments of your losses and the defendant’s conduct. If they agree with our arguments of gross negligence, jurors may force the liable cruise line to pay substantial punitive damages, which would be paid on top of all compensatory damages you deserve.
Call Our Attorneys to Talk About Your Cruise Ship Injury Claim
For a free and confidential discussion of your case with our Florida boat accident injury lawyers, call Rivkind Margulies & Rivkind at (305) 204-5369 today.
