The cruise attorneys of Brais Brais & Rusak have brought suit against Celebrity Cruises for their negligence in causing a significant back injury to an Indian crew member who worked as a pastry chef aboard the Celebrity Solstice. The Complaint filed in Miami alleges Celebrity routinely would keep work areas within the pastry shop cluttered with garbage. When our client was carrying heavy metal baking trays through the wash area to the food preparation area, he slipped on the garbage. The weight of the trays combined with the manner by which he slipped caused multiple lumbar disk herniations requiring surgery. It should be noted that as a condition of working aboard the Celebrity Solstice, our client was examined and given a physical by a doctor selected by Celebrity. The Celebrity doctor issued a report finding no back or spinal problems.
Recently in Celebrity Cruises Injury Lawsuits Category
Brais Brais & Rusak Defeat Celebrity Cruise Lines' Motion for Summary Judgment on a Trip and Fall Injury Claim
The favorite defense of every cruise line is that it did not have notice of the hazardous condition and therefore should not be liable for the injury sustained on their cruise ship. In nearly every case, the "notice defense" is raised. Maritime law holds a ship owner is not an "insurer of safety" and that to be held liable the cruise line must have known of the hazard or that the hazards existed for a significant amount of time that a reasonable prudent ship owner would have discovered the hazard. The weird quark of the law is that the injured passenger is obligated to prove that the cruise line knew or should have known of the hazard instead of the cruise line being required to prove that it did not know nor could have known of the condition. Since cruise lines control nearly all of the evidence such as work orders, complaint notices and the employees who work in the area, it is often very difficult for passengers to prove notice.
Not every case, however, requires that notice needs to be proven in order to prevail on a personal injury claim. The cruise injury lawyers of Brais Brais & Rusak represents a woman who tripped and fell over a raised plastic light tube which was a part of a brass stair nosing. After inspecting the nosing, it was clear the cruise line carried out a faulty repair which caused the plastic light tubing to stick up thereby causing the tripping hazard. Celebrity Cruises filed its standard Motion for Summary Judgment arguing it did not have notice of the protruding tube and therefore should not be held liable for the accident. Brais Brais & Rusak argued this is not a run of the mill trip and fall over a transitory condition such as dropped pudding at the buffet case where notice is required by law. Instead in this case the hazardous condition was caused by the cruise line's negligent repair and, as such, notice is not required. After reviewing several pages of legal memorandum and hearing oral argument by the attorneys, the Court agreed with Brais Brais & Rusak's analysis and found the injured passenger did not need to prove the cruise line had notice of the defective condition. Order Denying Celebrity Cruise's Motion for Summary Judgment.pdf
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Brais Brais & Rusak have two Florida Board Certified Admiralty & Maritime lawyers who regularly bring claims against the major cruise lines. If you or a loved one was injured during a cruise and would like to learn more about the law in this unique legal area, feel free to contact our firm for a free consultation.
Brais Brais & Rusak Represents New Jersey Woman Who Broke Her Ankle Disembarking Celebrity Cruises Constellation
The cruise injuries lawyers of Brais Brais & Rusak have been retained to represent a New Jersey woman who fractured her ankle while disembarking the Celebrity Cruise ship Constellation. The passenger alleges that while making her way off the cruise ship in Porto, Portugal she slipped and fell on an unmaintained and slippery gangway. Radiological studies taken shortly after the incident revealed the slip and fall caused the passenger to suffer multiple fractures to her left ankle. These fractures required her to undergo an initial open reduction internal fixation surgery and a second surgery to remove the hardware. Maritime law requires cruise lines to provide passengers safe ingress and egress to and from their cruise ships.
Keith Brais & Richard Rusak Represent Florida Woman Who Contracted Norovirus on Celebrity's Solstice
The cruise injury lawyers of Brais Brais & Rusak represent a Florida woman who contracted Norovirus and became extremely ill aboard Celebrity Cruise Line's ship Solstice. The Solstice departed Ft. Lauderdale on March 16, 2012 for a 7 day Caribbean cruise. By the time the ship returned, there were several passengers and crew displaying symptoms of Norovirus. Norovirus outbreaks are not uncommon on Celebrity cruise ships. In fact, the CDC's reported 5 outbreaks on Celebrity ships within the past 2 ½ years. Brais Brais & Rusak has handled multiple Norovirus cases concerning the Solstice alone.
The cruise injury lawyers of Brais Law have filed a lawsuit against Celebrity Cruises on behalf of a Pennsylvania passenger. The case filed in Miami federal court alleges the cruise line failed to maintain a metal strip on top of a stair. The complaint further asserts the metal strip became pried up causing a hazard. The passenger tripped and fell over the metal strip resulting in a significant knee injury. The accident occurred on the CELEBRITY CENTURY during an Alaska cruise.
Brais Law firm represented the family of a Massachusetts man who died of Norovirus aboard the Celebrity cruise ship SOLSTICE. The complaint filed in Miami Federal Court alleged the passenger boarded the SOLSTICE without being warned the ship was experiencing a two week long Norovirus outbreak. The complaint explains on the fifth day of the cruise, the passenger started exhibited symptoms of Norovirus along with several other passengers which overwhelmed the ship's medical staff. Court papers state the man was sent back to his cabin where he later died. An autopsy performed by the Broward County Coroner confirmed the death was caused by Norovirus. The family and cruise line entered into a confidential settlement after the case was filed.