Miami Cruise Ship Assault Lawyer

An experienced cruise ship assault lawyer will win you the compensation you deserve after injuries on a cruise. Assault is a serious crime, and liable parties must face responsibility for their involvement. Find out how Leighton Law can help you win justice and damages after an assault. 

The cruise industry went through a couple of rough years due to the coronavirus pandemic. However, now things are quickly returning back to normal, and millions of Americans are getting back to traveling especially on the cruise ships they love.

For decades, cruises have been a highly favored travel destination. People love them because they get to visit several places without hopping on as many planes. In addition, the food is good, there are plenty of entertainment options, and you get to enjoy time in some of the most exotic parts of the world.

Miami, naturally, is the international hub for all of the major cruise companies. It’s located in a fantastic location and has the infrastructure to support ships of all sizes.

Cruises are a ton of fun, and they add billions of dollars in revenue to the local economy.

However, not everything that happens on a cruise ship is positive. Unfortunately, some heinous acts like assaults, sexual assault, etc., happen on cruises as well. Problems compound, though, because of neglect of the cruise company and their employees with lax security measures.

Here, we examine certain types of incidents (like assaults) that occur on cruises and the impact they have on victims’ and survivor’s lives. Understanding what legal recourse you have can help you seek and win money compensation to pay for medical recovery.

Find out how a cruise ship assault lawyer will help you decide whether you have a claim and how to pursue a personal injury case.

Cruise Ship Companies & Duty of Care

When you get on a cruise ship, it’s easy to feel relaxed because everything seems taken care of for customers. These cruise ships have decades of experience catering to clientele, so people are in an easier state of mind where they think nothing can go wrong. They let their guard down.

This false sense of security, though, is often misplaced. Many passengers incorrectly assume that cruise employees like the crew and security staff know what they’re doing. They believe they have the training and experience to handle any potential threats or escalations.

When certain employees are in positions, they aren’t qualified for, or a cruise company fails in their duty of care, you can pursue money damages in the form of a claim against them to cover things like:

• Medical Costs (Past and Future)
• Lost Income/Wages
• Lost of Future Earnings
• Pain & Suffering

Yes, there are similarities to assault cases on land, but there are also many differences. Maritime Law is different, and thus assigning liability and winning in settlement negotiations in court requires an expert cruise ship assault lawyer. The right legal team will walk through grey areas and help you get the money compensation you deserve.

How a Cruise Ship Assault Lawyer Assigns Liability

Victims of sexual assault, assault with a deadly weapon, rape, or simple assault and/or battery should seek legal help.

Most law firms offer free consultations and then work to help you until compensation.

Lawyers who represent victims of cruise line assaults and batteries know that cruise operators must provide a safe environment for passengers. The measures responsible cruise companies take include doing things like:

• Ensuring proper lighting
• Staffing appropriate levels of security
• Appropriate access control
• Responsible serving of alcohol
• Offering good medical services
• Conducting criminal background checks on employees
• Ensuring that policies and procedures are followed and adhered to

These are just some of the things companies must do to ensure they meet their duty of care. When they make mistakes, they are potentially liable for an assault on their ships.

Laws Around Cruise Ship Assaults

In years past, legal authorities didn’t require cruise ships to report crimes because they sometimes happened outside a given jurisdiction. So how do you pursue a case of sexual assault in the United States, for example, in the Bahamas or somewhere in South America?

This all changed in 2010 after the Cruise Ship Vessel Security Act was established. The Act governed specific safety issues on cruise ships, victims’ rights, and how to deal with certain crimes. Sexual assault, for instance, is covered. In addition, the regulation dictates how cruise operators should treat victims of sexual assault and deals with things like issues of confidentiality.

But don’t be fooled – the cruise lines played a role in formulating this Act – so it is important to ensure that an experience cruise ship assault lawyer specializing in this area confirms as to whether the cruise ships adhered to this law.

In addition to the Cruise Ship Vessel Security Act, the Federal Bureau of Investigation (“FBI”) for the United States started to closely monitor  what’s happening on cruises. For their part, they can claim jurisdiction over sex crimes and other assaults as long as:

• The ship is owned in whole or part by a U.S. company
• The victim or plaintiff is a U.S. national
• The cruise stopped at a U.S. port
• The crime happened in the U.S. territorial waters (i.e., the location of the vessel)

This information is worth knowing because, often, victims of assault don’t know what to do after a crime. Traditionally, sexual assault and other crimes were significantly underreported on cruises because there was no governing body or legal framework for managing crimes.

An experienced cruise ship assault lawyer specializes in these types of grey areas. They know how to get the information they need and who to hold responsible for any breach of duty of care.

Cruise Ship Assault Statute of Limitations

The statute of limitations with cruise ship assaults is one grey area that requires specific legal expertise. Depending on the conditions and location, you or another victim could be only 180 days, much shorter than the standard two years in many other places.

In addition to the potentially shorter timeline, other requirements could help or hinder your case. For most cruise line assaults, American victims, or people who want to pursue a claim in U.S. court, you have to file in Miami Federal Court.

Victims and their attorneys sometimes have to scramble to file all of the testimonies, pictures, police reports, and other documentation from the cruise to meet filing timelines. However, a seasoned lawyer will know how to manage schedules to guarantee your case meets its deadlines.

Types of Assaults on Cruises

Here are some of the different types of assaults on cruise ships.

Employee Assaults

Cruise ship employees can victimize others on these ships. They can take advantage and should be held accountable. Cruise ships should be responsible for their own employees.

Passenger Assaults

The customer isn’t always right. When you mix alcohol and the erosion of norms that are placed when people are on vacation, bad things can happen. Passengers should be checked for their improper behavior.

Advice From a Cruise Ship Assault Lawyer – What to Do After an Assault

If you or someone you know experiences a sexual assault or any other type of assault on a cruise, you need the best legal support you can find. Regardless of where the incident occurred or any other concerns you have, reach out to a qualified legal team about your next steps.

The actions you take after an assault will go a long way to determine the outcome of your claim. Typically, your lawsuit will either enter settlement negotiations or go to court.

Settlement Negotiations

Find a lawyer with experience successfully negotiating cruise ship assaults. Too often, victims take the first offer of money from a cruise ship operator. Unfortunately, it’s usually far too little to compensate you for the harm of the crime. A good lawyer will know how much you deserve and what it will take to win negotiations. However, if a cruise ship operator, their insurance companies, or their lawyers refuse to meet your demands for what’s right, then your case moves into the court system.

Pursuing Your Case in Court

Hire a lawyer with courtroom experience. Knowing you have a seasoned trial attorney representing you also sends a message to liable parties in your case. They know there is potential for going to court, and it helps make negotiations go smoothly.

Leighton Law is a Florida-based law firm with years of experience representing victims of cruise ship assaults. Talk to us about your case and your best next steps.