Many cruise ships are practically floating cities, filled with restaurants, entertainment, and attractions. Some of the most popular attractions, especially on family cruises, are amusement-park-style rides and water slides on the deck of the ship. Many cruise ships have pools, but some also have water slides, tube slides, wave pools, surfing pools, spinning rides, and bumper cars – and there are even plans to build roller coasters on ships. While most people may go on these rides without trouble, many people each year face moderate to severe injuries because of dangerous conditions on these rides.
If you or someone in your family was injured on a water slide or amusement ride on a cruise ship, our attorneys may be able to take your case and fight for compensation. You may be able to sue for the injuries sustained in an accident like this, and the cruise ship ride and water slide accident injury attorneys at Rivkind Margulies & Rivkind, P.A. may be able to help. Call our cruise ship accident and injury lawyers today at (866) 386-1762 to set up a free legal consultation.
Who is at Fault for Water Park Ride Injuries on a Cruise Ship?
To determine who is at fault for any accident, it is important to look at which parties had a responsibility to keep the victim safe. Legally, a duty like this can be placed on the shoulders of the owner of the property where the injury occurred, the company that operates the ride, or the company that made the ride. In an accident on a cruise ship, suing the property owner or the operator of the ride would mean suing the cruise company.
The cruise line typically has a legal duty to ensure that their ships are safe for passengers and that no hidden dangers or malfunctions are going to cause injuries. They might also have additional duties specifically dealing with amusement park and water park rides, such as a duty to properly maintain and service the rides, a duty to prevent dangerous misuse, and a duty to make sure that their staff and crew properly supervise riders to prevent injuries or provide immediate first aid and lifeguard services if things go wrong. While some elements of riding on a water slide or another water park ride might involve swimming or riding “at your own risk,” that might not excuse the owner and operator of the ride from fulfilling these duties with reasonable care and skill.
In some cases, the ship owner and operator might have done everything they were supposed to do, but injuries were instead caused by a malfunction or design flaw in the ride. If the manufacturer or designer of the ride left in a serious flaw, that company might be responsible for the injuries the mistakes caused.
To prove the elements of your case, your attorney will typically produce evidence such as eyewitness testimony about how the accident occurred, your own testimony of what happened leading up to the accident, photographs, video, medical records, and other evidence that shows what injuries you faced and how they happened. Unlike criminal cases that need to be proved “beyond a reasonable doubt,” civil lawsuits for personal injury need to be proved “by a preponderance of the evidence.” This essentially means you need to prove it was more likely than not that your story is true, which is a much lower standard.
If you are injured on a cruise ship, you should receive proper first aid and medical attention from the ship’s crew and physician. If they fail to give you reasonable care, stabilize you, and transport you to a hospital for additional care, they might be responsible for any worsened condition or additional injuries. This alone would not make them responsible for the original accident, but it would make them responsible for the injuries or additional harm caused by medical malpractice and negligent emergency care.
Filing a Lawsuit for an Injury that Occurred on a Cruise Ship Water Slides
When a cruise ship company installs a water slide or a ride on their ship, they have to understand the potential risks. Water slides and amusement park rides may be fun, but there is inevitably a risk of injury associated with them. It is usually the responsibility of the owner and operator of the rides to ensure that they are safe for riders by performing safety tests and regular maintenance. However, failing to properly warn riders about how to use the ride, how to sit in the tube on a slide, or how to interact with other riders could lead to serious injuries. Failing to monitor riders or provide lifeguards and safety staff can also result in serious problems for cruise ship patrons. In many cases, the cruise ship and its operators can be sued for injuries sustained on these kinds of rides.
- To sue the cruise ship for injuries, you must prove 4 elements in your case:
- The cruise ship owed you a duty to keep you safe.
- The cruise ship breached that duty.
- That breach of duty actually caused your injuries.
- You suffered damages the court can compensate you for.
On a cruise ship, the captain and crew owe you many duties to keep you safe from harm, one of which is proper upkeep of the facilities and amusements. If they unreasonably fail to keep you safe while riding a water slide, there is a chance that they could be found negligent, depending on the circumstances of the accident.
Many cruise ships work to prevent liability by including language in your passenger ticket or posting signs that using a ride, slide, or pool is done “at your own risk” – but sometimes this legal language does not apply to your case. Talk to a lawyer for help proving your case and getting compensation for your injuries.
Compensation for Cruise Ship Injuries Involving Water Slides
When you or your child is injured on a ride or water slide on a cruise ship, you could face serious harm. The physical pain and suffering of an injury is just the obvious part of the harm – but if you face expensive medical bills or need to miss work because of the injury, you may be entitled to have the at-fault parties pay for these financial harms as well.
Pain and suffering is often proportional to the injury you faced, with more severe injuries involving ongoing pain and discomfort as well as appreciable interruptions in your regular life your day-to-day activities. These damages can be proved through your testimony about the injury and how it affected your life, potentially leading to substantial compensation.
Damages for medical expenses can be high for an injury aboard a cruise ship. To get the care you need, you often need to be evacuated from the ship and taken to shore, which can mean expensive medical transportation bills. You could also face substantial injuries that require emergency treatment, follow-up care, and physical therapy.
While recovering, you may miss work and suffer lost wage damages. If your injuries are severe enough to cause you to miss work going forward – or if they are severe enough that you cannot return to work – you may be entitled to damages for lost earning capacity as well.
Maritime Law for Injuries on Water Park Attractions Aboard a Cruise Ship
Most injury cases involving cruise ships are governed by maritime law. This is separate from U.S. federal law and the laws of any one particular state, governing any American ship or vessel. If you were injured on a cruise ship, it is important to take your case to a maritime injury attorney to handle the case under the proper legal doctrines and court systems.
Call Our Cruise Ship Water Slide Injury Lawyers for a Free Consultation
Talk to an attorney to learn more about what your case is worth. Cruise ships often have strong legal teams that will work to make low settlement offers to make cases go away. These offers may not cover your damages, and you may need to fight the case in court to get what you deserve. For help with your case, call the cruise ship ride and water slide injury attorneys at Rivkind Margulies & Rivkind, P.A. today at (866) 386-1762.