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Cruise Ship Slip & Fall Accidents

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Introduction 

Florida is the hot spot for leaving out of the port to embark on a beautiful cruise with your family to new destinations. More cruise lines are based out of Florida, and leave port out of Florida, more so than anywhere else in the United States. It would only make sense that the majority of personal injury claims pertaining to cruise liners, come from Florida. One of the most common claims for a cruise liner is the personal injury claim of a slip and fall. 

Now, this occurs when the person has had a fall within the confines of being on the cruise ship itself. So, if the accident occurs while at a port, and not on the cruise line itself, then the cruise line is typically not held liable for the accident. However, the majority of slip and falls do occur while the client is on the cruise liner itself.

Slip and Fall 

There are multiple places on a cruise ship where there are hazards which can lead to a slip and fall. The most common one is of course on top of the very slippery pool deck. In most cases, the facts of the case will be very circumstantial and very individualistic pertaining to how the slip actually occurred, but dependent upon the circumstances for the person, a cruise liner has the duty of warning all of its customers of the slippery pool service area. 

To have a successful claim for a slip and fall, the claimant must establish the negligence elements[1] for a personal injury claim, which are duty, breach of that duty, causation, and damages.[2]

The duty that a cruise liner owes to its consumers is one to label and provide warning signs in areas that are especially wet or slick, where a normal unsuspecting customer could slip and fall. If the maintenance of the cruise liner does not provide the yellow wet and slippery signs, and a person falls unsuspectingly, then the cruise liner could be held liable because they had a duty from their maintenance department to warn about the slippery and wet conditions. If the cruise liner staff does not provide the necessary signs where there are wet and slick conditions, then they have breached the duty that they owe to their customers to provide notice of the wet area that could cause a slip and fall.

Additionally, causation is a critical element in proving a slip and fall on a cruise ship. Causation typically consists of two different types, actual and proximate causation. Actual causation is the actual cause of the slip and fall, which is typically the actual water that has built up on the deck surface, that the cruise ship maintenance staff failed to warn about. The proximate causation element of a slip and fall on a cruise ship will be the foreseeability element. That is to say, if it were foreseeable that someone could come across and slip and fall because of the lack of a sign posted by the cruise ship, then proximate causation is met in the slip and fall personal injury claim.

Finally, the last element of a slip and fall on a cruise ship is the element of damage. Damages are quite simply the injury that a customer has whenever they slip and fall on a cruise liner and injure themselves. The types of damages in the state of Florida are economic and non-economic when it comes to personal injury claims, especially those which occur on a cruise liner.

Orlando Accident Attorney 

Here at the Orlando Accident Attorney, we specialize in handling cruise ship Litigation similar to the instances described above. Please give us a call if you or a loved one have been injured on a cruise ship and have suffered a slip and fall. Our number is 407-706-3909.

Date: June 2, 2022

Author: Brandon Salter, Esq.


[1] http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768ContentsIndex.html

[2] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html