Recently in Cruise Ship Injury & Death Category

October 14, 2016

Child Drowning Victim's Family Retains Brais Brais Rusak to Pursue a Lawsuit Against Royal Caribbean Cruises

Cruise-Pool-Drowing.jpgThe Florida Board Certified Maritime Attorneys of Brais Brais Rusak have been retained by the family of a child who died from complications caused by a near drowning incident aboard Royal Caribbean's Anthem of the Seas cruise ship. We are honored to have the opportunity to help this family in their time of need.

The incident occurred on June 30, 2016 as the Anthem of the Seas was leaving the Cape Liberty Cruise Port in Bayonne, New Jersey. The child, along with his brother and other children, entered into the children's pool located in the H20 Zone on the 14th deck. A cruise ship attendant was posted within the H20 zone and appeared to be looking after the children. Though there was a cruise ship attendant in the area, the child was allowed to take off his life jacket, leave the children's area and enter the much deeper main pool. The child, who could not swim, sank to the bottom and was underwater for an estimated eight to ten minutes. He was removed from the water and shipboard medical staff preformed resuscitation efforts. A pulse was established and the child was medevaced by the Coast Guard to Staten Island University Hospital in New York. Tragically, the boy died two days later.

Continue reading "Child Drowning Victim's Family Retains Brais Brais Rusak to Pursue a Lawsuit Against Royal Caribbean Cruises" »

September 6, 2016

Royal Caribbean Sued by Passenger for Injuries Sustained in Zip Line Excursion

Degloving Injury Royal Caribbean Zip Line Accident.jpgThe cruise passenger injury lawyers of Brais Brais & Rusak have filed lawsuit on behalf of a Texas woman against Royal Caribbean Cruise Lines and a Honduran shore excursion operator for injuries sustained while participating in a zip-line excursion offered, advertised and marketed by the cruise line on its website.

The Complaint alleges that on the morning of September 3, 2015, our client paid for and participated in a Royal Caribbean advertised zip lining excursion offered by MC Tours at Roatan, Honduras. While zip lining from one platform to the other, our client followed the safety briefing by crossing her legs and lifting them as high as she could. Court papers assert that because there was too much slack in the line, when our client reached the other platform she violently struck her legs on to the front of the platform suffering severe injuries. The platform consisted of essentially a sheet of unpadded wood. Upon impact, the exposed wooden platform ripped the skin off her lower legs leaving bone, tendons and muscle exposed. Our client had open wounds on both lower legs, soft tissue loss measuring 18 x 32 cm on the left leg and 14 x 7 cm on the right leg. She underwent 11 operations consisting of incision, debridement and drainage procedures with wound vac exchanges and eventually skin grafts from skin taken from her left thigh.

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June 2, 2016

Keith Brais Selected as Thomson Reuters' Super Lawyer

Keith Brais.jpgThomson Reuters' Super Lawyers has selected our managing partner Keith Brais as a 2016 inductee into Super Lawyers. This distinct honor is enjoyed by less than 5 percent of all attorneys. What is particularly impressive is that Keith has achieved this impressive credential for eight consecutive years. The objective of Super Lawyers "is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel." In selecting attorneys for Super Lawyer, a rigorous multiphase process is utilized. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.

Besides being named a Super Lawyer, Keith has been a Florida Board Certified Admiralty and Maritime attorney since 1996, AV Preeminent rated by Martindale Hubbell for several years, a repeat inductee into the Multi-Million Dollar Advocates Society (achieved by <1% of all attorneys) and most recently selected by Florida Trend's magazine as a Legal Elite.

Keith's principal practice areas include catastrophic personal injuries and wrongful death claims involving cruise ship passengers, crewmembers, yacht guests & crew, resort vacationers and hotel guests with an emphasis in the fields of premises liability, negligent security and products liability. If you have been injured and would like to learn more about your legal rights, contact Keith or the other attorneys at Brais Brais Rusak.

June 23, 2015

Injured Louisiana Carnival Cruise Passenger Hires BBRC

Louisiana Cruise Injury Lawyer.pngThe cruise passenger injury lawyers of BBRC have been retained to represent a Louisiana woman who fell due to an unreasonably slippery deck aboard the Carnival Elation cruise ship. The slip and fall occurred on the ship's Lido deck. The accident, unfortunately, resulted in a rotator cuff tear requiring surgery.

Representing several cruise passengers throughout the years, we at BBRC have noticed several slip and falls on the Lido decks within Carnival's fleet. We believe the reason for these accidents is simple. Carnival Cruise Lines just does not properly maintain the non-skid properties of these decks. When the decks are first laid down, they may be reasonably safe. But after cruise upon cruise that sees thousands of people walking on the decks daily, these safety features break down leaving the decks smooth and slippery. This, combined with the inherent wetness from people leaving the nearby pools, is a recipe for disaster. Unfortunately, the paying passenger suffers from Carnival's negligence.

If you suffered a slip and fall on the Elation or any other Carnival cruise ship Lido deck and would like to learn more about your rights, feel free to contact our multiple Maritime Board Certified Attorneys for a free consultation. Remember, Carnival's cruise ticket requires you to provide special written notice of your claim within six months of your accident and requires you to bring a lawsuit in Miami Federal Court within one year. We at BBRC will be happy to walk you through your options and provide you with an honest and straightforward evaluation of your claim. You can contact us by clicking our on-line cruise injury intake form or calling us toll free at (800) 499-0551.

May 18, 2015

Disney Cruise Passenger Who Sustained Leg & Hip Injuries is Recuperating at South Carolina Hospital

South Carolina Cruise Injury.gifA 29-year-old passenger is in ta Charleston, South Carolina hospital after being airlifted off the Disney Magic cruise ship last Saturday. Reports state that in the early morning hours the cruise ship requested assistance from the Coast Guard when one of its passengers sustained injuries to his leg and hip. A Coast Guard MH-60 Dolphin helicopter crew randevued with the Disney Magic 45 miles off the South Carolina coast and airlifted the injured passenger to a hospital in Charleston where he received further treatment. No information has been releases as to how the passenger sustained his injuries. The man is said to be in stable condition.

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.