The best part of cruising is visiting new ports and going on tours, hiking, snorkeling, sail boating, fishing, ATVing, helicoptering, or just walking. Some excursions are relatively sedate and others are more vigorous. Some tours are affected by weather conditions. No matter what variables are involved injuries and accidents can sometimes occur to passengers while on a shoreside excursion. Many passengers believe that the cruise line is not responsible for “off-ship” injuries because of a signed waiver of liability clause or, because the shoreside tour operator is a separate company. Nevertheless, such accidents and injuries can and should be brought against the cruise line for a variety of reasons. In many instances, the waiver of liability may not be enforceable. In most instances, the tour operator is contractually required to indemnify and defend the cruise line so instead of having to sue some company in Belize, for example, by suing the cruise line, the insurer for the company in Belize will stand in for the cruise line and attempt to settle or defend the case.
Excursion incidents can take many forms. They range from slips and falls, injuries while boarding or exiting tenders or ferries, bus accidents, criminal attacks, assaults or robberies, drownings or near-drownings, heat stroke or even death. Cruise lines have an obligation to use reasonable care in selecting and supervising its tour operators and to warn cruise ship passengers of known dangers in places where a cruise passenger was invited to or could reasonably be expected to visit. Often such excursion incidents involve complicated questions of law raising issues of jurisdiction, choice of law, agency and contracts. Should you be the victim of an excursion accident or suffer an injury while on a tour, you need to immediately consult with an experienced cruise ship injury attorney at Charlip Law Group, LC.
Because excursion injury claims often involve medical treatment in various jurisdictions, those claims take longer to work-up and present more challenges in collecting medical records and bills. With most cruise line claims being subject to a one (1) year statute of limitations within which to file suit, efficiency is very important in compiling a timely claim. At Charlip Law Group, LC we have the experience, knowledge, systems and contacts to timely document and present our clients’ settlement demands or proof at mediation or trial.
All incidents of cruise ship excursion injury should be immediately evaluated by an experienced cruise line injury attorney. Such incidents require a complete and timely investigation and legal action to be commenced within one year of injury. Charlip Law Group, LC has experience in such cases and is available to assist you should you unfortunately experience such an incident.
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Charlip Law Group, LC is located in North Miami, FL and serves clients in and around North Miami Beach, Miami Beach, Miami, Hialeah, Opa Locka, Dania, Key Biscayne, Fort Lauderdale, Hollywood, Pompano Beach, Broward County and Miami-Dade County.
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