When you think about the glitz and glamour of spending time away on a cruise ship, many never imagine coming home with a personal injury as part of the allure. However, cruise ships have been known to be dangerous with dozens or more passengers suffering injuries every year. Of course, precautions are put in place to prevent any injury, but negligence can still happen despite a cruise ship company’s best intention. A man filed suit in Florida court against Carnival cruise line as he alleges they caused his cruise ship injury.
According to the claim filed in the U.S. District Court of Southern Florida, his fall is due to the negligence of employees. During a drill where the passengers are asked to attend their muster stations, he was hastily dragged away by an employee when he attended the wrong muster station. While being forcibly grabbed by the arm, he lost control and fell on the stairs. This incident caused injuries to his spine and thus damages are sought for loss of enjoyment of life.
In the most recent hearing, the plaintiff sought to strike down two defenses the defendants had laid out, in which the court agreed. Because cruise ships operate under specific laws and jurisdictions, the case was brought in federal rather than state court. This is important to note, as it’s not the general practice for other personal injury suits. Maritime law is different and will be subject to the jurisdiction and courts in which it is laid out by state and often federal law.
The outcome is looking positive for the plaintiff in his personal injury suit. However, the process is not over. The court will likely need to hear more evidence from both plaintiff and defendant before making a final ruling. If ruled in favor of the plaintiff, damages will need to be awarded. These damages can help to rectify the losses the plaintiff has suffered due to his cruise ship injury.
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