Personal Injury FAQ

What can I do If I've Been Injured on a Cruise Ship?

Two types of people may be injured while aboard a cruise ship, paying passengers or crewmembers (staff of the cruise ship). Both types of injured persons may have different legal claims. The claims depend on the injuries sustained, the persons who may be liable for the injuries and the law applicable to the claims. Some examples of possible claims are negligence, medical negligence or assault. Generally, the ship owners will be liable for any injuries of passengers or crewmembers, since the owners have a duty to provide a safe environment and protect persons aboard their ship from known (or foreseeable) dangers.

If the injured person is a passenger on the ship, he or she may have a claim against the ship owner for compensation for injuries sustained. The legal claim will usually be for negligence. The injured person (or family members on his or her behalf) must be able to prove the elements of negligence to the court. The elements of negligence are as follows:

The ship owner had a legal duty to the passenger
The duty was breached by the ship owner
As a result of that breach, the passenger was injured
The passenger sustained damages as a result of his or her injuries

However, if the injured person was a crewmember of the cruise ship, he or she may have a legal claim under the federal Jones Act for compensation. His or her claim will also be against the ship owner (employer). The Jones Act provides legal remedies for injured workers who are seamen. It is similar to the Federal Employers Liability Act that gives injured workers legal rights to compensation against their employers. Under the Jones Act, the crewmember must be able to prove the elements of negligence (by the employer/ship owner) in court; the elements of negligence are the same as for paying passengers.

Alternatively, there are situations where the injury was not caused by a dangerous condition on the ship, but by another person aboard the ship. These situations may be of assault or a medical negligence. If assault of a passenger was committed by a crewmember, the ship owners may be held liable for the acts of their employee, in some jurisdictions. In other jurisdictions, the ship owner will not be held liable for employee actions unless the plaintiff (injured person) can show that the owner (employer) was negligent in hiring a dangerous crewmember, or knew of the crewmembers propensity for violence and did nothing to stop it, or continued to employ the crewmember.

Similarly, jurisdictions may hold ship owners liable for hiring competent doctors and medical staff, but not hold them liable for actions of their medical staff when treating passengers. Other courts may hold a ship owner liable for any actions of employees, whether they are a crewmember, medical doctor or other medical staff member. The possible claims and liable parties will depend on the situation, the law that applies and the court (jurisdiction) that hears the claim. Since there may be many variables that affect what type of claim the injured party may have, what jurisdiction the claim may be in and what law apples, it is important to speak to an attorney about your situation and to answer any questions you may before pursuing your claim.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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$1,300,000 Settlement. Class Action settlement against hospital for suddenly closing its doors without properly compensating employees. Successful recovery of wages, fringe benefits, health insurance premiums and reimbursement for covered medical services.
$22,000,000 Settlement. Local counsel in a Class action settlement against a manufacturing company for personal injuries and property damage sustained by surrounding neighborhood residents due to plant explosion, and air and ground pollution.
9,300,000 Settlement. Young woman admitted to Ohio State University Hospital with Guillain Barre Syndrome (GBS). She developed breathing problems due to the condition. The resident physician failed to act upon an alarming blood gas study and instead went to lunch. The young college student suffered a respiratory attack resulting in brain damage. She is in a permanent vegetative or minimally conscious state requiting round the clock care
8,600,000 Jury Trial Middle aged woman presented to her ophthalmologist with Pseudo Tumor Cerebri a condition in which there is a build up of cerebral spinal fluid pressure in the brain. If untreated with a shunt it can cause damage to the optic nerve and blindness. The doctor elected to treat with drugs and the patient lost most of her vision
3,200,000 Jury Verdict. Woman admitted to the Mt Carmel hospital for a hysterectomy. She developed an undiagnosed blood clot in her arm. The failure to timely diagnosis and treat the condition resulted in amputation of her arm.
2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
2,325,000 Trial Four month old baby developed a fever. The pediatrician obtain blood work but failed to recognized that the white blood cell count showed signs of an infection. As a result the spinal meningitis was untreated and the young boy suffered amputation of his feet and finger tips from the untreated bacterial infection that resulted in lack of blood flow.
2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
2,000,000 Settlement Driver of a truck hit a guardrail with caused his truck to collide with a bridge pier. The driver lost his leg in the accident. The suit was against the auto manufacturer and the Ohio Turnpike Commission
1,800,000 Jury Trial Sixty five year old grandmother was killed when a young uninsured driver crossed left of center colliding with the plaintiffs car.
1,800,000 Settlement High school senior was hit by a Conrail train in Hilliard. The track had lights but no gates. The crossing had site restrictions making it difficult to see a train.
$1,000,000 Jury Trial. Product liability handgun case tried to jury. As the jury completed its deliberation, the case settled for a confidential amount. Young man sustained a severed sciatic nerve. The gun discharged after the clip was removed and while clearing the chamber. The firearm was defective in its design and warnings.
$1,000,000 plus in Settlements. The partners have collectively settled over 800 client cases involving exposure and resulting injuries from asbestos. Attorney Abraham argued before the Ohio Supreme Court seeking a change in the law so that it would be more favorable toward victims of asbestos exposure related injuries. Attorney Abraham has also settled additional individual asbestos cases involving cancer and other lung diseases.
$950,000 Settlement. Premises liability case against seller of house, gas company, and plumbing repair company where gas leak resulted in house fire killing mother and two young children. Policy limits were limited and disputed liability.
$950,000 Settlement. Middle aged lady attending meeting at hospital slipped and fell while exiting restroom. Two days later she developed blood clot in her leg that resulted in her death. Liability disputed.
$750,000 Settlement. Young girl nearly drowned in a pond resulting in learning disability. A premises liability allegation of failure to provide adequate life guards and design of premises was defective. Disputed liability.
700,000 Trial Thirty year old man ran into the rear of a water truck that had failed to use turn signals. The plaintiff broke both legs in the automobile accident.
$650,000 Settlement. Elderly lady sustained broken ankle with some permanency of limitation in movement when her vehicle was struck head on by oncoming vehicle.
600,000 Settlement Woman's face caught on fire during a surgery. The oxygen was ignited with a spark form electric cautery.
$500,000 Jury Verdict. Low speed rear-end collision truck accident. Plaintiff suffered injury to spine and doctors testified he needed disc fusion. $5000.00 in medical bills considered by the jury. Proximate cause disputed.
$500,000 - client suffered herniated discs and annular tears after rear end vehicular collision by a dump truck
$450,000 Settlement. Product liability case involving an elderly man who suffered from diabetes and had an ankle replacement. While recovering, one of the metal crutches he was using collapsed due to a defective adjustment pin causing him to fall and re-injure the ankle with permanent partial loss of use.
$360,000 Settlement. Handicapped lady was personally assaulted in her apartment that lacked adequate security. Permanent psychological injures.
$295,000 - clients (family of four) suffered neck and back injuries, closed head injuries, hip and pelvic fractures as a result of a head on vehicular collision
250,000 Jury Verdict Young woman injured her thumb in a auto accident. The thumb injury interfered with her career as a hair dresser.
$250,000 Settlement. Product liability muzzleloader gun case where the nipple that holds the firing cap exploded from the rear of the riffle when fired causing loss of vision in shooters eye. Disputed liability.
$225,000 Settlement. Trip and fall down basement stairs of rented property. Middle aged lady sustained injury to her elbow when she fell down the stairs due to a lose step. Liability disputed.
$200,000 - client broke both wrists during recreational ballroom dancing when negligently pushed by other dancers resulting in fall
$155,000 Settlement. Patron of hotel was climbing exterior steps to his room when he fell due to height variations in steps. He sustained a leg injury that substantially healed. Liability disputed.
$60,000 Settlement. Product liability crossbow case where the limb of the crossbow delaminated during firing causing injury to shooters eye. Disputed liability.

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Columbus, OH 43215
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Phone: 614-678-5072
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The law firm of Colley Shroyer & Abraham represents clients in Columbus and throughout Ohio, including Grove City, Hilliard, Dublin, Upper Arlington, Worthington, Powell, Delaware, Westerville, New Albany, Gahanna, Reynoldsburg, Pickerington, Canal Winchester, Obetz, Newark, Lancaster, Circleville, Chillicothe, London, Marysville, Zanesville, Portsmouth, Athens, Logan, Waverly, Dayton, Springfield, Mansfield, Gallipolis, and all cities within Franklin County, Delaware County, Knox County, Licking County, Fairfield County, Pickaway County, Ross County, Madison County, Union County, Muskingum County, Scioto County, Athens County, Hocking County, Pike County, Montgomery County, Clark County, Richland County, Ashland County, and Gallia County.