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Articles Posted in Celebrity Cruises Injury Lawsuits

sexual assault On August 21, 2018, a cruise passenger — identified as Jane Doe — filed a lawsuit against Celebrity Cruises and Canyon Ranch Spa alleging she was sexual assaulted by a crew member while traveling aboard the Celebrity Summit cruise ship (between New Jersey and Bermuda) just a year ago.

As alleged in the complaint and reported by media, Doe was approached by a crew member who claimed to work for the Canyon Ranch spa and who was offering complimentary massages.  Doe says that she was subsequently led to a spa room where she was forcibly and inappropriately touched by the same crew member. More specifically, it is alleged that the crew member fondled her breasts and vaginal area.  Doe says that she was able to escape the room before the massage progressed further.

In the complaint, Doe alleges that the Defendants were negligent in failing to perform an adequate background check. Had they done so, the danger posed by the crew member could have been discovered and the crew member, in the first place, would not have been hired. This is a common problem with hiring crew from third world countries or countries with limited infrastructure and criminal reporting procedures.  Despite this risk cruise lines continue to hire from these countries because of the advantages of cheap labor. In the alternative, Doe alleges the crew member assailant should have been supervised more closely, and had that been done he would have been terminated, thus avoiding risk of harm to cruise passengers.

Celebrity-Crew-Drops-Passenger.jpgOur cruise ship personal injury attorneys have filed a lawsuit against Celebrity Cruises after one of its crewmembers dropped our client causing a part of her fibula to protrude from her ankle. The complaint filed in Miami Federal Court states that our client presented to the cruise ship’s medical facility after twisting her ankle. The shipboard doctor took an x-ray and diagnosed our client as suffering acute distal fibula and bimalleolar closed fractures. The doctor decided to simply wrap the ankle with an ACE bandage and called for an attendant to wheel our client back to her cabin. The crewmember was unable to push the wheelchair through the door. He then decided to lift our client into his arms and carry our client into the cabin without calling for any assistance. In the process of carrying our client, he dropped her causing the closed fracture to become displaced with a portion of the fibula to stick through the skin.
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India Cruise Injury Attorney.pngThe cruise attorneys of Brais Law Firm 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.

Cruise Ship Trip and Fall Law Firm.gifThe 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.

Celebrity Cruise Trip and Fall.jpgNot 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 Law Firm 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 Law Firm 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 Law Firm’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 Law Firm 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.

New Jersey Cruise Injury Lawyers.jpgThe cruise injuries lawyers of Brais Law Firm 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.

Florida Cruise Injury Lawyer.gifThe cruise injury lawyers of Brais Law Firm 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 Law Firm has handled multiple Norovirus cases concerning the Solstice alone.

Pennsylvania Cruise Injury Lawyer.gifThe 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.

Massachusetts Cruise Injury Lawyer.gifBrais 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.

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