Sean M. ClearyOver15 years of experience

Cruise ship injury

facts and statistics

in the United States

10 worst cruiseship accidents in theUnited States

How to obtaincompensationfollowing a cruise ship injury?

Most commoncruise ship accidents

A small history about Mr. Cleary and The Law Offices of

Sean M. Cleary, P.A.

Personal Injury Legal NewsletterIssue 7 05.31.2013

What you should knowabout maritime law

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cruise ships and people who fall off cruise ships are usually never recovered. Injuries can occur aboard cruise ships for several reasons. Slippery floors, insufficient lighting on stairways, the lack of necessary safety personnel like lifeguards for swimming pools can all lead to more or less severe accidents ranging from simple bruises to drowning. The lack of police presence also increases the possibility of criminal activities, not to mention that passengers are often less cautious compared to their normal behaviour. In these circumstances the number of accident reports is not surprising.

ruise ships due to their size and complexity can often be compared to floating cities. The Major difference however is that passengers on board are mostly interested in enjoying their dream vacation. The last thing they think about is that something might go wrong and they might get hurt. Unfortunately cruise ship accidents are not as uncommon as people would think. In fact several passengers are reported missing each year fromC

Introduction

not apply to injuries sustained on high seas. U.S. laws only apply to cruise ships, their crew and passengers when the vessel is in a U.S. port or territorial waters, or if the ship is registered in the U.S. However many of the popular cruise line companies including Royal Caribbean and Norwegian Cruise Line are registered in the Bahamas, meaning if an injury occurs on international waters the Bahamiam law will be applied.applied.

Another issue cruise ship injury victims will have to deal with is maritime law. This distinct body of law covers matters like maritime commerce, navigation, shipping, sailors and the transportation of passengers. According to maritime or admiralty law, ship owners have a duty of reasonable care for passengers. Therefore passengers injured aboard cruise ships might bring a suit against the ship operating company. HoweverHowever different countries have their own version of maritime law adding even more confusion to the problem.

While cruise lines are not required to report crime data to any official governing institution, passengers should make sure they report the accident to crew members and to the FBI if they were victims of a crime. They also should not try to handle complex maritime legislation on their own but contact instead a maritime attorney as soon as possible.

espite the frequency of personal injuries sustained onboard cruise ships, prosecuting these cases is often difficult, as inland personal injury laws often doD

What victims should knowabout maritime law

responsible. However suing a cruise line is often a difficult task. The cruise line ticket each passenger must purchase has the legal value of a written contract. These tickets contain specific information regarding how, where and when ptotential claims can be filed. For example most cruise line operating companies require their passengers to file a written accident report within six months after the event and to file their claims within one year following the accident. The ticket usually specifies the state or city where claims can be filed. Besides respecting these requirements, injured passengers have to meet two other criteria in order to be eligible for monetary compensation:• prove that the cruise line operating company is responsible for their injuries• prove that their injuries resulted in financial losesInIn order to prove liability, victims have to bring evidence sustaining that there was a danger aboard the ship and that the operating company knew or should have known about it, yet failed to repair it. This can be done through taking pictures

ruise ships are required by law to provide their passengers and crew members with relatively safe environment. If they fail to do so, they can be held

or videos of the circumstance of the accident and keeping contact details of potential witnesses. Proving that the injury resulted in financial loses can simply be done by keeping all medical bills and records.Companies or individuals that might be held liable for cruise ship injuries include:• the owner of the vessel•• the company chartering the trip• the company operating the ship• the company that sold the ticket

• sexual assault• slip and fall injuries• battery• drowning incidents• food poisoningSexualSexual assault is the most common crime reported onboard cruise ships. Passengers as well as crew members can become victims especially if they disregard usual safety measures, have too many drinks, accept drinks from strangers or walk alone on dark decks. SlipSlip and fall injuries are also common accidents onboard cruise ships simply due to slippery decks and stairs and improper lighting. The severity of injuries victims can sustain in such accidents varies from minor bruises and cuts to broken bones or debilitating head or spinal cord injuries.FoodFood poisoning is an issue that already raised several questions about the risks of epidemic out brakes aboard these luxury ships. Norovirus is often responsible for ruining the vacation of hundreds of passengers who experience diarrhea, vomiting and stomach upset. For example in February 2010 more than 350 people experienced these very unpleasant symptoms

esides fatal overboard accidents passengers and crew members are exposed to a wide range of risks, including:B C

Common cruise ship accidents How to obtain compensationfollowing a cruise ship injury?

Call: 305.416.9805THE LAW OFFICES OF

SEAN M. CLEARYPERSONAL INJURY ATTORNEY

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Protecting the rights of injured victims and their families

10 worst cruise shipaccidents in history

1. In December 1987 the Doña Paz, a Philippine passenger ferry, was traveling from Leyte Island to Manila. During the night when most of the passengers were sleeping, the ship collided with an oil tanker. The collision was followed by explosion and fire and the survivors had to jump into shark-infested waters. An estimated number of 4,340 passengers were killed.2.2. In September 2002 the Joola, a Senegalese ferry travelling from southern Senegal to Dakar sailed into a storm and capsized. Many of those who survived the initial accident drowned. due to the late arriving rescue crew. The estimated number of victims is around 1,863.3.3. In 1912 the luxury cruise ship Titanic sailing from Southampton, England to New York collided with an iceberg and sank resulting in the death of 1,517 people.4. In September 1994 the MS Estonia was crossing the Baltic Sea from Tallinn to Stockholm when it ran into rough sea and sank due to mechanical failure. 852 people were killed, most of them trapped inside the ship.

Despite technological improvements and the general image we have about cruise ship holydays, the fact is that serious accidents are reported each year, affecting thousands of passengers whose vacation suddenly turns into a nightmare. Regardless whether these accidents are cause by human error, mechanical failure, rough weather conditions or even Somali pirates, passengers will remember the mid-sea accidentsaccidents for the rest of their life. A selection of ten of the worst cruise ship acidents over the last century could include:

30 people died and 70 other were injured.9.9. In August 1995 the Club Royale, a luxury casino cruise ship was hit by a heavy storm and sank 90 miles east of Port Canaveral, Florida. There were no passengers on board but 3 of the 11 crew members lost their life.10.10. In August 1991 the Greek-owned cruise ship Oceanos ran into a heavy storm off South-Africa’s eastern coast. The ship rolled from side to side until water started flooding in, eventually sinking the vesel. Thanks to a successful rescue mission, all 571 passengers on board were saved.passengers on board were saved.

5. In July 1915 while in the port of Chicago the S.S. Eastland rolled over with 2,500 passengers on board. The ship was hosting the Western Electric employee’s anual picnic and the accident resulted in the death of more than 800 people.6. In September 1934 the SS Morro Castle, a luxury cruise ship, was en route from Havana to New York when it caught fire and burned, kiling 137 passenger and crew members.7.7. In January 2012 the Italian cruise ships Costa Concordia ran aground on a reef off the coast of Tuscany and turned on its side with 4,200 passengers on board. 32 people died and 64 were injured, while the half submerged ship is still being removed.8. In August 1992 the Greek owned Royal Pacific collided with a fishing trawler when passing through the Straits of Malacca.

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not extremely high, most of these cases are never settled• The majority of cruise ships are not registered under U.S. flag so U.S. laws often do not apply•• The greatest danger on a cruise ship is from a rogue wave which can cause damage to the ship• About half of al passenger on major world cruise lines begin their trips in one of these three Florida ports: Miami, Port Canaveral and Fort Lauderdale

• Each year around 14,8 million passengers travel aboard cruise ships and 20% of the U.S. population has traveled at least once on a cruise ship• There are around 330,000 U.S. citizens working aboard cruise ships• In 2010 there were a total of 37 incident reports filed regarding illness outbreaks on cruise ships•• In 2010 the number of sick passengers on cruises was 6,799• In 2010 there were 58 incident reports filed regarding collisions and fires aboard cruise ships and 20 overboard case• Cruise lines are not required to provide statistical injury data for injuries occured on board•• Although the number of injury claims aboard cruise ships is

Cruise ship injury facts and statistics in the United States

Recovering damages following a cruise ship acident is not an easy process. In fact the majority of cases are never settled. Getting immediate legal assistance from an experienced attorney is therefore crucial.

The Law Offices of Sean M. Cleary, P.A

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19 West Flagler Street #618, Miami, FL 33130

Sean M. Cleary

the title of Juris Doctor. Mr. Cleary obtained his Florida Bar admission the same year and started practicing at a well-known and respected law firm, Stroock & Stroock & Lavan, handling complex commercial litigation cases. In 2005 after leaving one of Florida’s most recognized trial firms, Mr. Cleary founded his solo practice The Law Offices of Sean M. Cleary, P.A. Throughout the years he obtained substantial verdictsverdicts and settlements for his clients. Mr. Cleary has also received multiple awards and nominations acclaiming his skills as a Miami personal injury lawyer. Attorney Sean M. Cleary continues to fight fiercely for the victims of personal injury, medical malpractice, auto accidents and defective products in state of Florida in order for them to receive the just compensation they deserve.

ttorney Sean M. Cleary began his legal career when he enrolled to the University Of Miami School Of Law, which he completed in 1998 with honors receiving A

About Sean M. Cleary

Florida. The sole purpose of the Law Offices of Sean M. Cleary, P.A. is to offer an exceptional legal aid and representation for those who suffered physical or psychological injuries due to careless, reckless and negligent actions of other parties. Our law firm specializes in personal injury, medical malpractice, wrongful death and commercial litigation claims and has never failed to represent our clients andand to achieve the desired result. With our vast experience and knowledge, we are dedicated to protecting the rights and interests of those who have endured pain and suffering. If you or your loved ones have been recently injured and you’re looking for an attorney to represent you or you just seek legal advice, don’t hesitate to contact us.

ounded in 2005 by attorney Sean M. Cleary with an already proven and established reputation as a highly skilled and experience lawyer in the Court Houses of F

About Our Law Firm

seeking legal advice from Mr. Cleary can discuss every matter regarding the often painful personal injuries they have suffered. The Law Offices of Sean M. Cleary, P.A has always offered a free consultation and always will, Mr. Cleary will personally review your case and will provide you legal and professional advice.

ur law office is located conveniently in downtown Miami and while being a solo practice law firm, the office provides a calm environment where thoseO

Located in Miami, FL