Long Island Cruise Ship Drowning Lawyer
If you lost a loved one in a cruise ship drowning accident, it could have a significant emotional and financial impact on you and your family. A Long Island cruise ship drowning lawyer from Goldstein & Bashner could help you pursue justice and get the compensation you deserve. We handle these cases under maritime law, the Death on the High Seas Act, the Jones Act, and state wrongful death statutes. Our tourist and travel injury attorneys actively seek damages for lost financial support, funeral expenses, and emotional loss.
Common Causes of Cruise Ship Drowning Accidents
Operator negligence can cause cruise ship drowning accidents in a number of ways. These may include:
- Inadequate supervision during excursions or recreational activities
- Lack of safety measures to prevent passengers from falling overboard
- Slippery substances on a surface that cause passengers to fall overboard
- Poor or defective guardrails that would ordinarily keep passengers from falling
The cruise ship operator may attempt to blame the accident victim for their own drowning. For example, they may attempt to claim that the passenger was inebriated at the time of the accident, causing them to fall overboard. They may argue that the passenger otherwise failed to exercise due care in the circumstances leading to the drowning accident. You need an experienced cruise ship drowning lawyer in Long Island to present your side of the case, especially because your loved one is no longer here to tell their story.
What Laws Allow for Financial Recovery After a Cruise Ship Drowning Accident?
Attorneys could pursue financial recovery after a cruise ship drowning accident under several federal maritime laws and, in some cases, state wrongful death statutes. The Death on the High Seas Act (DOHSA) applies when a drowning occurs beyond three nautical miles from U.S. shores, allowing you to recover pecuniary damages, such as lost financial support, benefits, and funeral expenses. DOHSA does not generally cover non-pecuniary damages such as pain and suffering.
The Jones Act provides a remedy for sailors or crew members who die due to employer negligence, including claims for lost income, lost earning capacity, and related financial losses. General maritime law applies to deaths caused by negligence or unseaworthiness of a vessel, permitting recovery of monetary damages and, in certain cases, punitive damages.
Additionally, state wrongful death statutes may apply if the drowning occurs within territorial waters, offering potential compensation for both pecuniary and non-pecuniary losses, such as loss of care or companionship. Because drownings associated with cruise ships often involve overlapping laws, consulting an experienced maritime wrongful death attorney in Long Island is critical to protect your rights and maximize recovery.
How Liability Is Established in Cruise Ship Drowning Cases
Evidence is crucial for a Long Island lawyer to establish liability in a cruise ship drowning case, requiring a thorough investigation that examines multiple potential points of negligence. Security footage, crew logs, maintenance records, and witness statements could reveal whether the cruise line knew about a hazard or failed to follow its own safety protocols.
Jurisdiction and venue also matter significantly regarding liability. Many cruise lines include forum selection clauses in their ticket contracts, requiring you to file suit in a specific court. These clauses are generally enforceable, which is why having a maritime attorney who understands these procedural hurdles is essential. Identifying all liable parties, which may include the cruise line, a third-party excursion operator, or an equipment manufacturer, is another critical step that may affect both the strength of your case and the compensation ultimately available to your family.
Contact a Cruise Ship Drowning Attorney in Long Island Today
If your loved one died by drowning on a cruise, an experienced attorney could help your family fight for full financial compensation. Schedule a free initial consultation with a Long Island cruise ship drowning lawyer at Goldstein & Bashner by messaging us online or by calling us today.
