cruise ship

Court of Appeals: Victims Suing Under Maritime Law May Seek Full Amount of Medical Bills, Regardless of What Insurance Paid

August 21, 2020 | Benjamin S. Persons, IV

You probably know that if you are injured due to someone else’s negligence, you can sue that person to recover your medical expenses. But defining the precise scope of medical expenses can get complicated, particularly in the U.S. healthcare system. For instance, are you entitled to recover the full amount you were billed by your doctor or hospital, or just what your insurance company agreed to pay?

Higgs v. Costa Crociere Spa Company

A federal appeals court recently confronted this question in the context of a maritime law dispute. While personal injury cases that arise on land normally fall under state law, if are you injured on a cruise ship or elsewhere on the “high seas,” you typically need to sue the negligent party under federal maritime law.

Federal Court Holds Royal Caribbean Liable for Cruise-Ship Ice Skating Injury

June 30, 2020 | Benjamin S. Persons, IV

In personal injury law, you often come across the phrase “actual or constructive notice.” This refers to a property owner’s knowledge with respect to a given hazard. Actual notice means the owner knew the hazard existed. Constructive notice, on the other hand, means the owner “should have known” there was a hazard based on the exercise of reasonable care.

Lebron v. Royal Caribbean Cruises LTD

It is critical for a plaintiff in any personal injury case to establish the existence of either actual or constructive notice. Without such proof, a court will dismiss the plaintiff’s claims. At the same time, judges need to be careful to not dismiss a valid lawsuit based on an incorrect interpretation of the evidence.

Cruise Ship Owner Not Liable for Drunk Passenger Falling Down Escape Hatch

December 21, 2018 | Benjamin S. Persons, IV

Are you thinking about taking a cruise? Before you buy your tickets, you need to think about the potential legal implications if you are injured while onboard a ship. Do not assume that the normal personal injury laws applicable to businesses and individuals in Georgia are in effect on the “high seas.” Indeed, much of what happens on a cruise ship is governed by maritime law, which is often not as friendly toward injured passengers as you might think.

Caron v. NCL (BAHAMAS), LTD.

A recent decision by the U.S. 11th Circuit Court of Appeals in Atlanta offers a helpful illustration. Keep in mind, while this case was originally filed in a Florida court, it applies federal law, and the 11th Circuit’s rulings are also considered binding on federal courts here in Georgia.

How Your Cruise Ship Ticket can Limit Your Right to File a Personal Injury Lawsuit

September 14, 2018 | Benjamin S. Persons, IV

Are you planning to take a cruise in the near future? If so, make sure to carefully read the back of your ticket and any other documentation the cruise operator sends you. Much of this “fine print” can substantially affect your legal rights in the event something goes wrong and you are injured during your cruise.

Davis v. Valsamis, Inc.

Consider this recent decision by the Atlanta-based U.S. 11th Circuit Court of Appeals, which oversees federal courts in Georgia, Florida, and Alabama. This case involves what the Court described as an “ill-fated sailing of the cruise ship Carnival Triumph” in February 2013. According to a Washington Post at the time, “Midway through a four-day Mexican cruise, the Triumph’s engine room caught fire, the ship lost power, and then suddenly it was just drifting, somewhere in the Gulf of Mexico.” Due to the power outage, passengers were stranded for days without working toilets, refrigerators, or air conditioners.