Class Action Suit Filed Against Carnival Cruise Line

A class action cruise ship accident lawsuit has been filed against the owners of the Carnival Triumph cruise ship, on behalf of passengers who were onboard when the accident happened. The lawsuit was filed by Miami based maritime law firm Lipcon, Marguilies, Alsina & Winkleman, PA. The firm explains that the conditions onboard the Triumph cruise ship were hazardous to the health of the passengers.

A engine fire broke out onboard the Triumph which led to the power source on the ship being eliminated. The ship and all of its passengers were stranded without electricity for four days while the ship was towed back to shore.

In addition to the fire, there were other issues that indicate that Carnival made poor decisions in handling the incident. There was a closer port in Progreso, Mexico, but Carnival chose instead to have the ship towed to Mobile, which resulted in a longer amount of time that passengers were trapped onboard. Spending more time onboard a disabled ship with no electricity and plumbing, with human waste flooding the ship, means that passengers were exposed to disease, trauma, and accidents for an even longer amount of time than was necessary.

The cruise line is responsible for the safety of its passengers and crewmembers. It is up to them to make sure that passengers are not living in hazardous conditions that put their health at risk. While passengers sign paperwork that limits the liability of the cruise line, it does not wholly exclude the line from all liability. When an incident occurs onboard, the cruise line can be found responsible at least in part for the accident and any injuries or fatalities that occur. Incidents could be a slip and fall, a disease or medical complication, someone falling overboard, or some other type of accident.

One of the issues that came up once the ship arrived in Mobile is that passengers had to arrange their own travel back home and many had difficulties doing so. If Carnival had chosen to have the ship towed to Progreso they would have been able to coordinate and organize their passengers’ transportation back to the United States. One of the maritime attorneys handling the case explains “If investigations uncover that either the fire itself or the delay in docking may have contributed to any illnesses or injuries onboard the Carnival Triumph, this can be considered a violation of passenger safety.”

What complicates the case is that cruise lines tend to have contracts that limit their own liability and the ability of passengers and even crewmembers to obtain benefits like monetary damages or medical care that should rightfully be theirs. Carnival is not a U.S. corporation and is therefore not subject to U.S. labor or tax laws and this also prevents victims from obtaining benefits and coverage that should be owed to them after a cruise ship accident.

Carnival has offered some compensation to passengers, including reimbursement for some purchases made while onboard and $500. Lawyers involved with the case say, however, that this is insufficient compensation and that there is enough evidence to provide grounds for the class action lawsuit that has been filed.

Contact a personal injury attorney if you have had a similar experience or need to discuss a personal injury case. An experienced attorney can help you to determine what damages you can seek and what the next steps should be.

photo credit: El coleccionista de instantes