Claims for negligence under general maritime law and state personal injury laws are similar in that:
- There must be a duty of care;
- That duty must have been breached;
- The breach must have factually and proximately caused the damages; and
- The damages must carry a dollar value.
When you suffer personal injuries for another party’s negligence, you may have a cause of action to recover from them. At the Law Office of Neil T. Lindquist, we will speak to you for free, evaluate the circumstances of your injury to ensure that these four elements can be satisfied, and aggressively pursue the responsible party. You can receive compensation for your personal injury regardless if the cause was the product of negligence or intentional harm.
When a passenger suffers a injury, it is not always the consequence of a breached duty by the vessel owner or operator. If you slip and fall in your stateroom’s bathroom, the fault may rest on you unless the design of the bathroom (i.e. clogged drain, lack of a shower mat) or some other defect made the room dangerous or uneven. If the injury was caused by some condition of the ship, then it’s the responsibility of the vessel owner to properly compensate you for their negligence. Oftentimes, your injury may be caused by a combination of factors involving a third party and the vessel’s crew. It’s important that you speak to an experienced maritime attorney so that all liable parties are identified. While each injury presents a separate set of facts and parties, potential parties whom you can hold responsible include:
- The owner of the ship or other water vessel.
- The company operating or chartering the ship or other water vessel.
- The company from where you purchased your ticket.
- A third party, e.g., the ship’s contracted physician (medical malpractice).