Lawyer Monthly - March 2023

case, if the cruise line knew or should have known of the hazard but failed to act in a timely manner to eliminate or mitigate the hazard, which resulted in the injury, the cruise line would be responsible. What constitutes reasonable care under the circumstances will vary from case to case and the type of case. I have handled just about every conceivable type of injury case on a cruise ship, having tried cruise ship cases since 1983. Each fact pattern has to be carefully analysed in order to properly present the evidence to establish liability on the part of the cruise line. What restrictions and potential obstacles exist when litigating against a cruise line? There are many obstacles and restrictions to consider in a case involving a cruise ship passenger filing a negligence action against the cruise ship company. The law is federal maritime law, and there are unique aspects of the federal maritime law that must be known by the lawyer which differ from many state laws. I would say one of the biggest obstacles is making sure that you hire the correct attorney who is experienced in maritime law and who knows the intricacies and specific laws that govern the cruise ship passenger case. In addition to the knowledge of the maritime laws that govern, an experienced cruise ship lawyer will also know what evidence the cruise ship company has that might be obtainable to help establish the case against the cruise line. Having handled many maritime cruise ship cases since 1983, including five years on the defence side representing cruise ship companies before deciding I only wanted to help injured people, I have vast knowledge of the different types of procedures and EXPERT INSIGHT 47 I have handled just about every conceivable type of injury case on a cruise ship, having tried cruise ship cases since 1983.

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