We have all heard of the dangers of slip-and-fall accidents, but what happens when there is a slip but no fall or vice versa? Or better yet, when the no-slip flooring works too well and causes a maritime injury? These are questions readers may be asking after learning about a cruise ship cornhole injury that is highlighting the issue of cruise ship floor safety.
Let’s take a look at the cornhole injury case, as well as cruise ship floor safety. If you have been injured while a passenger onboard a cruise ship, contact our maritime injury attorneys to learn more about your legal rights. Learn more about maritime attorneys.
Cornhole Injury Case Information
A passenger onboard the dinner cruise “Spirit of Norfolk” is suing the owners after he reportedly suffered an injury while playing the game cornhole. According to reports, in June 2016, the 66-year old man fell and was injured while in a part of the ship used to play cornhole. The man alleges that the no-slip flooring resulted in his being unable to properly shift his weight while attempting to throw a beanbag. The injuries he sustained have not been identified.
The lawsuit, filed in Federal Court, reportedly seeks around $375,000 in damages. The Virginia-based owners deny that their flooring presented a risk to passengers.
Damages Sought in Maritime Injury Cases
When a personal injury lawsuit is filed, the case generally details the damages being sought. In the cornhole injury case, the damages sought have not been specified. In general, in maritime personal injury cases where a cruise ship owner or operator is found to be liable, damages awarded to the victim may include:
- Lost wages
- Medical expenses (past and future)
- Non-economic damages (pain and suffering, disfigurement, disability, loss of enjoyment, mental anguish, etc.)
- Interest that could have been, but was not earned, due to the injury
The damages that can be sought in any maritime personal injury case are unique to the individual facts and details of the case. Any time you suffer an injury due to someone else’s negligence, recklessness, or wrongdoing, it is advisable to contact a personal injury attorney to discuss your individual situation.
Remember, just because you suffered an injury does not mean you are guaranteed compensation. It is your burden to prove that the owner or operator were negligent, and that said negligence caused your injuries. For questions about maritime injury laws, contact Brown & Brothers to speak with one of our personal injury and maritime personal injury attorneys.
Case Highlights Cruise Ship Floor Safety
Slip-and-fall and other floor safety-related accidents are among the most common accidents cited in maritime injury cases. There are policies and regulations relating to floor safety and ensuring that ship surfaces stay dry and free from hazards. Safety regulations are governed by the U.S. Coast Guard, but unfortunately, there is a lot of inconsistency between laws and regulations.
In a case where there the no-slip surface is allegedly the cause of the injury, we must consider what the law says about liability. In general, cruise ship owners and operators are responsible for ensuring that the ship is safe. The owner or operator is liable for injuries occurring on the ship if a “reasonably careful ship operator” knew, or should have known, about something that could cause an injury. Some of the most common cases where liability has been easily proven include when a passenger:
- Slipped on a wet floor or surface
- Tripped over a threshold (doorway)
- Tripped on bunched carpet
- Tripped on uneven flooring
- Stumbled or fell down a stairway
- Fell over a handrail
- Fell overboard
These are just a few examples of situations that may cause a passenger to be injured.
Information about Maritime Injury Lawsuits
If you have been injured while on a cruise ship, it is best to contact a maritime injury attorney before taking any action of your own. Maritime law can be complicated, and there are several steps to the process, beginning with determining if you are able to file a lawsuit at all. Consider the following:
- Check the fine print on your cruise ticket or passenger information. The Terms and Conditions of your ticket and purchase may include specific instructions related to injuries or lawsuits.
- Some cruise lines require disputes be settled in a certain manner (arbitration or mediation), rather than in court. The terms may also include specific instructions for which jurisdiction cases must be brought in.
- Every state has a statute of limitations for filing lawsuits in personal injury cases. Check with your state to see how long you have to file a lawsuit.
- Collect all documentation of the accident and injuries you suffered, including medical summaries, billing statements, insurance documents, photographs, and any reports made by the cruise line. These will be valuable in proving your case.
In order to “win” any form of personal injury case, the victim must be able to prove that negligence was the cause of the accident and injuries. That does not mean that the owner or operator has to knowingly do something dangerous. Negligence includes acts and omissions – regardless of will or intent.
Proving negligence and establishing your losses can be a daunting process. To schedule your free consultation, fill out our online form or call us toll free at 1-877-363-6148.