Recently in Cruise Ship Injury & Death Category

January 25, 2015

Court Allows Punitive Damages Claim against NCL & NCL America in a Personal Injury Case


Miami Florida Court.jpgA Miami-Dade court this week has allowed Brais, Brais & Rusak's client to bring a punitive damages claim against NCL and NCL America. In this case, our client suffered significant cervical and neurological injuries when she fell after being ordered to secure lounge chairs in near hurricane force winds.

Under maritime law, ship owners and seafarers' employers are required to provide seamen in their service with medical benefits for injuries manifesting during the course of employment. During the time the seamen are recuperating from their injuries, they are also entitled to be provided a stipend for daily living expenses. This is commonly referred to as the duty to provide maintenance and cure. Ship owners and employers, however, sometimes fail in their duty to provide such benefits. Fortunately, the law provides penalties for the inappropriate failure to provide medical treatment to injured seamen.

Florida's Third District Court of Appeal in NCL v. Zareno explains there is a three-tiered escalating scale of damages that may be assessed against ship owners and employers who fail to provide injured seamen with maintenance and cure benefits. The first category is known as the "reasonably denied" situation. Here, if the benefits were in fact owed, but reasonably denied, the ship owner and/or employer may only be held liable for the amount of maintenance and cure that was due and owing. The second category is the "unreasonably denied" situation. Here, if the benefits were unreasonably denied, meaning they refused to pay the benefits without a reasonable defense, the ship owner or employer becomes liable for not only the maintenance and cure due and owing, but also, compensatory damages. These compensatory damages are generally the pain and suffering the seaman endured because of the delay in providing benefits. The third category is the "callous indifference" situation. Here, if the denial of benefits is not only unreasonable, but the ship owner or employer has exhibited callousness and indifference to the seaman's plight, they become liable for punitive damages and attorney fees.

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December 30, 2014

Injured Viking River Cruise Passenger Retains Brais, Brais & Rusak Law Firm


Texas Cruise Injury Lawyer.gifThe cruise injury law firm of Brais, Brais & Rusak has been retained to represent a Texas woman who was injured while on a Viking river cruise. The incident occurred when a rope was not properly secured causing the woman to trip and fall. This accident resulted in our client fracturing her arm near the elbow and fracturing her tooth.

Cruise lines are charged with the legal duty of exercising reasonable care for their passengers' safety. This includes placing warning cones and even cordoning office areas of the ship that pose unreasonable tripping hazards. When a passenger is hurt when a cruise lines fails to exercise reasonable care, that injured passenger is often times entitled to compensation for pain, disfigurement, medical expenses and lost wages.

Viking Cruises is headquartered in California and operates several river cruises throughout Europe, Asia and Egypt. The company specializes in river cruising. Though only formed in 1997, Viking has over 60 cruise ships.

October 20, 2014

Cruise Trip and Fall Victim Hires BBR Lawyers


Florida Cruise Accident Lawyer.gifA Florida man who was injured while vacationing aboard a luxury liner has retained BBR's lawyers to bring a claim against a Miami based cruise line. The Florida passenger tripped over a vacuum cord that a cabin steward negligent slung at ankle height across a corridor. From this accident, BBR's client fractured his patella requiring extensive medical care. Cruise lines owe passengers the duty of providing a reasonably safe cruise ship. It is claimed that cruise line breached this duty when an employee caused a tripping hazard by slinging a vacuum cord across the hallway and not simply plugging the vacuum in the stateroom he was cleaning at the time.

May 24, 2014

Carnival Cruise Sexual Assault Victim Retains Brais, Brais & Rusak


Texas Cruise Injury Lawyer.jpgThe cruise attorneys of Brais, Brais & Rusak have been retained by a Texas woman who was sexually assaulted in a ladies restroom aboard the Carnival Magic. At approximately 1:30 am on May 3rd, 2014, the victim was sexually assaulted by an unknown female in the ladies room near the ship's piano lounge. If you witnessed the attack or have information about this incident, please contact our law firm so we could better assist the victim.

February 24, 2014

Passenger Injured aboard Carnival Inspiration after Falling from Bunk Bed


California Cruise Injury Attorney .gifThe cruise injury lawyers of Brais, Brais & Rusak have been retained by a California man who sustained a significant spinal cord injury and lacerations above his left eye after falling from his stateroom's bunk bed aboard the Carnival Inspiration. Cruise lines such as Carnival have the duty to reasonably protect their passengers from danger. In this case, it is alleged that Carnival failed to satisfy its duty as the bunk bed rails were too short for the average adult. Our firm's investigation has led us to learn there were other similar accidents aboard the Inspiration in the months before our client's injury. If you, or someone you know, fell while sleeping on a Carnival cruise ship bunk bed, we would like to learn more about your experience. Any information you have, will assist in our representation of our client.

December 31, 2013

New Jersey Woman Injured on the Carnival Imagination Hires Brais, Brais & Rusak


New Jersey Cruise Injury Lawyers.jpgThe Brais, Brais & Rusak cruise injury attorneys have been retained by a New Jersey woman who slipped and fell aboard the Carnival cruise ship Imagination. The passenger was on the last leg of a Caribbean voyage when she slipped and fell on an unreasonably hazardous deck causing her to fracture a bone in her foot. Carnival has the legal duty to provide reasonably safe cruise for its passengers. Often times cruise lines breach this duty when they fail to maintain the non-slip coating on the decks or dry the decks when they become wet. The Immigration is currently making weekly voyages to the Caribbean from Miami but will be soon repositioned to Los Angeles. If you have fallen or seen a person fall on the Imagination, our cruise accident lawyers would like to speak with you to better sever our clients.

December 16, 2013

Family of Child Injured on the Carnival Fascination Hire BBR


Florida Cruise Accident Lawyer.gifThe BBR Cruise Injury Attorneys have been retained by the family of a Jacksonville, Florida child who was injured aboard the Carnival Fascination cruise ship. While exiting a public restroom, the boy's finger was severally lacerated when the bathroom's door malfunctioned.

Our firm has represented multiple cruise passengers who were injured due to negligently maintained doors. If you have been injured or witnessed a restroom door malfunction aboard the Fascination, we like to speak to you. Please call us at our toll free number 1-800-499-0551.

August 16, 2013

Brais, Brais & Rusak Represents New Jersey Woman Who Broke Her Ankle Disembarking Celebrity Cruises Constellation


New Jersey Cruise Injury Lawyers.jpgThe 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.

June 15, 2013

Brais, Brais & Rusak Cruise Injury Attorneys Represent Kentucky Passenger Against Carnival


Kentucky Cruise Injury Attorneys.gifThe Brais, Brais & Rusak cruise injury lawyers have been retained to represent a Kentucky woman who was severely injured when a door latch malfunctioned. The poorly maintained latched caused a heavy exterior weather door to slam on the passenger's thumb crushing and nearly severing the appendage. The incident happened aboard the Carnival cruise ship Ecstasy while in route from Cape Canaveral, Florida to Nassau, Bahamas. The passenger was treated on the ship then in Nassau. Though the Bahamian doctors recommended amputation, the passenger smartly returned to the United States wherein doctors worked to save her thumb.

February 16, 2013

Cruise Injury Attorneys Brais & Rusak Represent a 9 Year-Old Louisiana Girl Who was Burned on the Carnival ELATION


Louisiana Cruise Injury Lawyer.pngCruise injury lawyers Richard Rusak and Keith Brais have been retained to represent a little girl who was burned in a hot tub aboard the Carnival cruise ship ELATION. Facts known to date are that the girl was bathing in one of the cruise ship's hot tubs. Unfortunately, the heating element was not properly shielded and burnt the girl's leg leaving a permanent scar. If you or someone you know suffered a burn in a hot tub aboard the Carnival ELATION or any other Carnival cruise ship, we are interested in speaking with you in order to better investigate the case and better assist our client.

November 22, 2012

Cruise Injury Attorneys Keith Brais & Richard Rusak Bring Suit Against Royal Caribbean on Behalf of Texas Woman


Texas Cruise Injury Lawyer.jpgBrais Law's cruise injury attorneys Keith Bras & Richard Rusak filed a lawsuit in the Federal District Court for the Southern District of Florida on behalf of a Texas woman. Court papers reveal that the passenger slipped and fell while walking on Deck 11 of the Royal Caribbean cruise ship MARINER OF THE SEAS. The cruise line decided to set up a t-shirt stand in an area which blocked access to available handrails. Not having access to any handrails, the passenger slipped and fell on a wet and unreasonably slippery deck injuring her knee.

October 15, 2012

Brais Law Brings Lawsuit Against Carnival Cruises on Behalf of New Jersey Passenger


New Jersey Cruise Injury Lawyers.jpgThe cruise accident lawyers of Brais Law filed a lawsuit in Miami, Florida federal court on behalf of a New Jersey woman who fell on a unreasonably slippery deck of the cruise ship CARNIVAL GLORY. Court papers reveal that the passenger left the cruise ship's hot tub but there was no mat provided at the base to dry her feet. While walking back to her shoes she slipped and fell on an unreasonably slippery deck. The incident resulted in a meniscus tear which required a surgery to repair.

October 14, 2012

Brais Law Represents Texas Passenger in an Injury Lawsuit against Carnival Cruises


Texas Cruise Injury Lawyer.jpgThe cruise line accident lawyers of Brais law filed suit against Carnival Cruises for a personal injury suffered by a Texas woman. The complaint alleged the passenger arrived at CARNIVAL TRIUMPH while at dock in Galveston. Upon boarding the cruise ship, crewmembers informed her the cabins were not ready to be occupied and directed her to walk through certain hallways in order to arrive at the buffet. The woman followed the crewmember's instructions. Unfortunately, the hallway she was directed to take was in disrepair as a leak formed in the ceiling causing water to drip on the highly polished marble floor. With no warning signs in placed, and unable to see the water, the passenger slipped and fell causing an injury to her lower back.

October 13, 2012

Brais Law Sues Norwegian Cruise Lines on Behalf of Injured New Jersey Passenger


New Jersey Cruise Injury Lawyers.jpgThe cruise injury attorneys of Brais Law filed a lawsuit against Norwegian Cruise Lines (NCL) and Steiner Spas on behalf of an injured New Jersey passenger. In a complaint filed in the Southern District of Florida, Brais Law's client alleges that while receiving a spa massage treatment the massage therapist dangerously and negligently injured his neck.

June 1, 2012

Brais Law Attorneys Sue Royal Caribbean Cruises on Behalf of Injured Texas Passenger


Texas Cruise Injury Lawyer.gifThe maritime injury attorneys of Brais Law filed suit in Miami Federal Court against Royal Caribbean Cruises for its negligence in causing a significant knee injury to a passenger from Texas. The lawsuit alleges the passenger was descending an ornamental staircase which, which was for aesthetic reasons, not equipped with a handrail for the bottom stairs. The complaint reveals that when the passenger reached the end of the stairwell she fell because there was no handrail for her to grab. The fall resulted in a serious knee injury requiring surgery.