An injured passenger from California has retained our Miami cruise accident attorneys to bring a lawsuit against NCL. A complaint filed in federal court alleges that NCL was negligent in the way it organized and conducted its White Hot Party aboard the Norwegian Perl cruise ship. The White Hot Party is an event planned on nearly every NCL cruise. The event focuses on games, competitions and dancing. Court papers reveal that the passenger was encouraged by the crew to participate in a game where she was told to sit on a large balloon in the middle of the dance floor. It is alleged that the crew selected an area of the dance floor where there was no matting or cushioning. Unfortunately, the balloon popped sending our client to the hard ground. She hit the deck with such force that her Coccyx and Sacrum were fractured. If you were injured, or know anyone who was injured, during the balloon game at an NCL White Hot Party, we like to speak with you in order to serve our client.
A 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.
The Miami, Florida law office of Brais Brais & Rusak has been retained by a passenger who sustained significant fractures to his wrist and knee during a cruise aboard the NCL Norwegian Dawn. Our client was enjoying his cruise up to the point where he tripped and fell over a vacuum cord which was negligently slung across the hallway by a cabin steward. Because the color of the cord matched the color scheme of the cruise ship’s carpeting, our client was unable to see the hazard. Cabin stewards slinging cords across the corridors of cruise ships, though improper, is quite common. One reason why this occurs is because cabin stewards are responsible for cleaning several cabins and must perform their job in a very short time frame. This leads to shortcuts such as plugging the cord in one cabin and walking the machine across the hall to the other cabins without stopping to unplug the cord. Cruise lines, just as hotels, are responsible for their employees’ negligence conducted in the course and scope of their employment. If you have witnessed the practice of slinging extension cords across the hallways or corridors of the NCL Norwegian Dawn, please contact us so we may better assist our clients.
The cruise injury lawyers of Brais Brais & Rusak represent a California man who has brought a lawsuit against NCL for a shipboard slip and fall. Court papers reveal while walking down the kid’s pool stairs aboard the Norwegian Star cruise ship with his 2-year-old son, the man slipped and fell fracturing multiple ribs. The lawsuit alleges NCL requires all children under the age of 12 at the pool to be accompanied by an adult. However, the stairway that leads to and from the kid’s pool is not designed for adult feet. The horizontal planks making up the stairs (called treads) are several inches shorter than those found in normal stairs. In fact, when an average adult’s foot in on the tread, it protrudes several inches off the end. Also, the vertical planks making up the stairs (called risers) are significantly higher than those found in normal stairs. The construction of the stairs themselves, and/or in combination with a wet surface caused by children leavening the pool, constitutes an unreasonable slipping hazard. The fact that the kid’s pool stairs pose an unreasonable slipping hazard is well known to NCL. In fact, Brais Brais & Rusak represents another passenger who slipped and fell on an identical set of stairs leading from the kid’s pool on the Norwegian Star’s sister ship the Norwegian Dawn.
Cruise injury attorneys Richard Rusak and Keith Brais recently brought a lawsuit against Norwegian Cruise Line (NCL) on behalf of an injured New York woman. Court papers reveal the woman was walking back to her cabin when she tripped and fell over a vacuum cord slung ankle high across the passageway. The accident unfortunately resulted in a fractured humerus near the passenger’s shoulder. Given the similar color of the cord and the carpeting together with NCL’s failure to post any warning signs, the passenger did not see the hazard. It was learned the cruise ship’s stewards cleaning nearby cabins slung the cord across the passageway because the circuit breaker would trip when they plugged the vacuum into the side of the ship where they were cleaning. The accident occurred aboard the NORWEGIAN JEWEL which left from New York City bound for the Caribbean.
The 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.
The cruise injury lawyers of Brais & Brais filed a sexual assault claim against NCL in Miami Federal Court on behalf of an Ohio passenger. The lawsuit alleges a crewmember aboard the NORWEGIAN SKY sexually harassed, followed and assaulted a female passenger on the last night of the cruise. Under maritime law, cruise lines are strictly liable for sexual assaults / rapes perpetrated by crew against passengers. The claims seeks compensatory damages for injury and emotional distress.
The cruise injury attorneys of Brais Law have been retained to represent a crewmember who suffered a serious neck injury aboard the cruise ship NORWEGIAN PRIDE. In a case file in Miami, Florida, Brais Law alleges ship officers ordered plaintiff, a female security guard from Texas, to secure deckchairs on the top deck while the ship was experience gale force winds. The lawsuit alleges the winds were so severe that the crewmember was latterly blown over and landed on her neck. Cruise lines have a duty to not order crew to work in unsafe conditions if the task could have been performed before the weather became too harsh or if the job ordered to perform was not essentially necessary for the ship’s operation.
The lawyers of Brais & Brais filed a lawsuit in Federal Court on behalf of a Tampa, Florida woman who slipped on the pool deck aboard the Norwegian Cruise Line’s NORWEGIAN PEARL. The accident resulted in the passenger suffering a back injury. The complaint alleges NCL was negligent in causing a slipping hazard. This is one of multiple cases the law firm has handled concerning a pool deck slip and fall case aboard the Jewel Class cruise ship. Other NCL ships within the Jewel Class are the: NORWEGIAN JEWEL, NORWEGIAN JADE and NORWEGIAN GEM.
The Brais Law Firm represents a Connecticut cruise ship passenger who slipped and fell aboard the NORWEGIAN PEARL. Court papers filed in Miami Federal Court allege the passenger was walking under the fixed canopy on the pool (Verandah) deck when she slipped and fell on a slippery patch on the deck. The fall caused a knee injury which required an arthroscopic knee surgery. The complaint alleges Norwegian Cruise Lines was negligent by failing to: (1) properly maintain the flooring with appropriate non-skid properties to prevent the fall, (2) place signs warning passengers of the wet and slippery area, (3) install proper lighting so the wet area would be open and obvious to passengers as well as (4) make the area dry and safe after being on notice of the hazard.