Boating, Cruise Ships and Maritime
Accidents

Boating and cruise ship accidents occur frequently, especially in Florida. Florida is where most all cruise ship accident cases must be brought. Boating accidents are quite common. Residents and visitors alike are killed and injured as a result of water skiing, jet skiing, pleasure boating, and many other kinds of boating activities. In 2007 there were 77 fatalities caused by boating accidents in Florida alone, which led the entire country. With over 1 million registered vessels in Florida, there were over 650 reported boating accidents resulting in injury, death or serious damage. It is estimated that there are another 350,000 non-registered boats using Florida’s waterways.

Virtually all boating accidents are preventable. The most common cause of these tragedies is operator inexperience or inattention. 84% of all boating fatalities that occur on boats happen where operators have not completed a boating safety education course.

A troubling cause of these incidents is the rise in “BWI” – boating while intoxicated. It is estimated that 30% of all recreational boating deaths are caused by intoxication. Just like cars, it is a violation of law for operators of a vessel to be under the influence of any intoxicant – drug or alcohol - when they pilot a boat.

Known as the “cruise capitol of the world,” the Port of Miami is home to more cruise ships than any other location. Carnival, Royal Caribbean, NCL, Celebrity, Crystal and several other lines port their largest cruise ships in Miami. By contract (read the “ticket for passage” issued by the cruise line) most cruise lines require that any case against them be brought in Miami. They also require that these cases be brought within one year, a very short statute of limitation.

Cruise ships are not merely large boats, they are virtual floating cities. These maritime hotels, however, lack fundamental safety policies, protocols, and procedures to protect passengers from harm. They generally fly foreign flags, so they do not have to comply with United States laws. Additionally, antiquated laws and contractual language limiting passenger rights and remedies put travelers in a precarious position and require aggressive litigation.

John Elliott Leighton has obtained substantial recoveries for the victims of boating accidents, including $1,325,000 for the family of a young woman killed by a drunk boater last year. Mr. Leighton has also represented many cruise ship passengers injured while vacationing. In once case, Mr. Leighton won a $275,000 verdict against Norwegian Cruise Lines as a result of their negligence in handling the lines on the ship, one of which snapped and struck our client.