Ehline Law – Cruise Lawyers
As the evening news exposes cruise lines more and more, it is being revealed that hundreds, and even thousand of passengers suffer various types of injuries on luxury liner cruises each year. In addition to losing their luggage, more severe injuries like being raped by a cruise ship employee, or slipping, tripping and falling would be easy cases to settle if they took place in Miami, Florida, or Los Angeles, California. When these travelers arrive home, they typically convalesce, and unknowingly sleep on their rights. After several months or more pass, some victims attempt to hire unqualified counsel, and soon discover that there are very few, true “cruise ship accident attorneys”.
Some attorneys think that most cruise ship cases must be filed in Florida federal court, which is not always the case, or that they have a year or more to file a notification claim, which is also incorrect. Local, inexperienced lawyers are known to blow the claims provisions of the carriage license altogether, or to commit some other form of legal malpractice, destroying the rights of the victims to sue in court.
You see, the passage contract, international law and treaties severely restrict the rights of passengers, like where they can sue, that they would take for granted as citizens of the United States. For example, some lawyers may attempt to file your case in Miami, Florida, and get the case rejected by the court clerk for improper jurisdiction and venue. Often times this places your right to sue in jeopardy due to passage of time. Our trial lawyers are intimately familiar with that fact that cruise ship accidents claims are part of the law of the sea that exclusively involves cruise ships.
We have victoriously represented individuals from states like Georgia, Ohio and Florida who have been been sexually assaulted, had weight stacks fall on them while working out in the gym due to the ship violently rocking, or slipped and suffered head injuries where wet areas meet dry areas with slick decks. Many of our clients require life long counseling, surgery, and time off work. Many of our clients had taken a cruise for their very first time and had no idea of all the problems that could pop up. Some were injured on port tenders, or tourist shore excursions, and falsely assumed that they had to sue the defendants in their home countries. All of them needed help from an expert.
Michael P. Ehline, has been recognized with numerous awards, and is also a former “Cruise Ship Attorney of the Year”. He has filed cases in federal court, as well as California state court, and is a licensed, high profile attorney. When you hire us, Ehline and his staff of assistants will be leading at the helm. We will be the captain of your case in the fight against the big, multi-national corporations, and their high paid legal sharks. Ehline Law is the great equalizer for cruise victims. In fact, in every case that we have filed, we have gotten a payout to our clients.
Even though much of the general admiralty maritime law generally applies to cruise ship related matters, there are many special laws that apply only to cruise ships claims. For instance, cruise lines sometimes insert special provisions into their passenger boarding passes that are legally allowed under U.S. laws. This means that prosecuting these types of actions is an arduous and more complex process than an ordinary negligence case. Other rules may apply if the tragedy or injuries were sustained in a location such as California territorial waters, or U.S. coastal waters.
Ehline Law is leading the fight against existing laws that favor the cruise ship companies. Our lead attorney, Michael Ehline was voted Cruise Ship Attorney of the Year, and also lobbies congress, along with the International Cruise Victims (ICV), to strengthen the “Passenger’s Bill of Rights“. But in the meantime, you have to jump through hoops to get a case like this off the ground, and we have the technical expertise to make it happen. For example, most attorneys don’t even know that when on a cruise, you are under the law of the foreign flag the ship is sailing under, not United States laws. Thus substantially effects your legal rights, duties and obligations.
So if the standard flying on the vessel is Norway, this indicates that the your legal rights are probably primarily governed under Norwegian law(s). If the vessel is flying a Bahamanian flag, you are in the Bahamas with the exception of the treaty, or flag is Panamanian, you are in Panama. If the flag is Bahamanian, you are in the Bahamas. There are very few exceptions to this rule, such as a convention, or if the vessel is sailing in state or federal U.S. waters at the time of the disaster. On a more positive note, in California State Court, and other jurisdictions, cruise lines are common carriers, with a non delegable duty to keep their passengers safe. This means that We are ready assist both American, and international cruise victims and have a proven track record for doing just that. We really do “make it happen” Let us be the champion in your corner.
Los Angeles Cruise Ship Lawsuits
Ehline Law Firm PC offers experienced cruise ship claims lawyers to injury victims all across the world. Michael P. Ehline, Esq., is a prominent, recognized legal advocate (Read CNN Article), and he also works hand in hand with Miami cruise ship lawyers for cases needing to be filed there. Our local law firm is experienced in tour boat passenger claims against, Carnival, Royal Caribbean and Canaveral cruise liner injuries and others.
As California cruise ship injuries claims attorneys, we handle Princess Cruise Liner cases in Los Angeles and San Pedro Courts, because claims against this entity must be made in these jurisdictions under the passage contract. [1. Passage Contract-Princess Cruises]
(B) Forum and Jurisdiction for Legal Action:
(i) Claims for Injury, Illness or Death: All claims involving Emotional harm, bodily injury, illness to or death of any Passenger whatsoever arising out of or relating to this Passage Contract or Your Cruise shall be litigated before a court of competent jurisdiction located in the County of Los Angeles, California, U.S.A., to the exclusion of the courts of any other country, state, city, municipality, county or locale. You consent to jurisdiction and waive any objection that may be available to any such action being brought in such courts. (Read more here.)
Unfortunately, many cruise ship vacations are not always a smooth sailing affair, and may depart from Miami and arrive in California. Shipboard calamities involving injuries at sea can ruin your vacation, and result in grievous bodily harm or worse, the graveyard.
A wreck or mishap at sea can result in the tragic loss of loved ones. It could be a man overboard, or a rape and murder.
You, yourself, may have suffered an infectious disease on a cruise ship. Unsuspecting passenger victims like you are left out at sea without a paddle unless you retain experienced advocates to help recover damages for your bodily harm. You may have been the victim of a stomach virus like norovirus, Norwalk-like viruses or even guinea worm disease from when you were a passenger in the Western Caribbean, for example.
These are some of the other afflictions that can occur aboard ship:
- Sickness from food poisoning or negligence in exposing passengers to communicable diseases.
- Sexual assault or rape by a crewmember or passenger.
- Negligent medical care, medical malpractice or inadequate medical personnel
- Accidental death, wrongful death and missing passengers
- Injuries due to collisions at sea, in port or due to defective equipment
- Personal injuries including slip and fall accidents or swimming drowning.
Without proper legal advice, liability may be hard to establish against the corporation and/or crew–thus pouring salt water in a tort victim’s wounds. Many horrible things happen on cruise ships to weary travelers that necessitate legal counsel. Tragedies on the high seas are all things seen a lot in the news lately, but little is known about the legal inner working of these types of cases. The best rated attorneys, such as Ehline should be able to help you navigate your maritime case.
If you or a loved one departed from a California port on a cruise ship vacation and were injured, look no further. We help victims who reside in Los Angeles, Orange County and San Diego, as well as tourists from around the world.
The result of a wrongful injury case from a cruise ship accident will depend on where the affliction occurred. If the injury occurred more than 3 miles away from the California coastline, maritime law will apply. However, if the devastation actually happened within 3 miles of the California coastline, California State Law will apply. If a wrongful injury has occurred to you or a loved one while on a cruise off the California coast, contact our lawyers today. This is a lot to know right? Well your not alone. Even some heavyweight PI Lawyers don’t understand this specialty area of law and shy away from these types of claims.
Death and Other Interesting Facts for Passengers
If someone is involved in a wrongful death while on a cruise ship, the Death on the High Seas Act is applied, and this involves a different set of laws than maritime or even California state laws. If you lost someone close, such as a lover, friend or family member, while they were on board a cruise ship vessel, contact our luxury liner accident lawyers to find out more about how the different laws apply and how you can receive compensation for your loss.
Please note, that cruise ship catastrophes must be acted upon quickly due to statute of limitation rules that limit the time period in which one can file a wrongful injury or death lawsuit. If you or a loved one have been wrongfully injured while on a cruise, you may be entitled to monetary compensation for your injuries such as your pain and suffering as well as all your medical expenses.
You may also need to get money for missed work, or work limitations and retraining, or even a lifetime caretaker. This is all big bucks. Ehine Law Firm PC takes steps to be your rainmaker. From start to finish, we will lead your case, hire the right investigators and experts as necessary, and provide you with the confidence and security any wounded person would need during your convalescence and attempt at rebuilding yourself, mentally and physically.
If you were searching for local cruise ship accident lawyers, look no further. Passenger ship injuries almost always require the help of and expert in admiralty, maritime law and understanding of treatises when your are seriously injured aboard their sea vessels.
The big multi-national corporations that own the ships are not your friend, and they are allowed to use passenger tickets to limit the normal two or three year statute of limitations and other significant rights. For example, they are allowed to use a forum selection clause making the port of departure the only legal venue for an injury claim to be litigated. Most of the major ocean liners are based in Los Angeles, California, designate Los Angeles, California, as the legal venue where a cruise line may be sued.
This means that if a passenger sues a shipping line somewhere else, in a far off jurisdiction like Florida for example, and ignores the forum selection clause, the law suit will typically be dismissed. If that happens, and the one year statute has already expired, the passenger will be left with no legal recovery against the cruise line at all! If you have suffered a misfortune on any kind of cruise ship vessel, don’t delay -contact us right now! Our people are not just professionals, we are movers and shakers. We will move immediately to protect your legal interests! Call the Ehline Law Firm PC 24 hour hotline for cruise ship claims now at 888-400-9721.
Disclaimer *Ehline Law Firm PC is in no way affiliated with the trade name Jacuzzi, or Whirlpool, and we specifically help injured victims harmed by a defective Jacuzzi, or Whirlpool related injury.