Gross Negligence vs. Negligence in a Cruise Injury Case
The type of negligence exhibited by a defendant could dictate the damages available in your case, which is why our lawyers will carefully review their conduct when preparing your cruise ship accident case.
Ordinary negligence and gross negligence differ in cruise ship injury claims, with one potentially opening the door to more damages for victims. For example, when cruise lines are found liable for gross negligence, juries can award punitive damages to victims in addition to compensatory damages. Gross negligence involves the reckless disregard for another person’s safety, while ordinary negligence only involves a breach of duty of care. Because punitive damages come from juries, settling a gross negligence case won’t lead to these damages. Our lawyers can help you decide whether to accept proposed settlements or go to court so you get the compensation you need.
For a free case discussion with our cruise ship injury lawyers, call Rivkind Margulies & Rivkind at (305) 204-5369 today.
How Do Negligence and Gross Negligence Differ in Cruise Ship Injury Cases?
Gross negligence and ordinary negligence are not the same, and personal injury plaintiffs should know the difference when bringing compensation claims for cruise ship injuries.
The main difference between ordinary negligence and gross negligence is the type of conduct exhibited by the at-fault party. Parties show ordinary negligence when they breach their duty of care through irresponsible conduct.
Comparatively, gross negligence involves the conscious or reckless disregard for others’ safety and could increase the damages victims can recover in court.
What is Ordinary Negligence in a Cruise Injury Case?
Ordinary negligence is what typically leads to lawsuits for cruise ship injuries and other accidents. It isn’t always easy to spot, so let our lawyers review your cause of injury to sue if you can sue for negligence.
Definition of Ordinary Negligence
Ordinary negligence occurs when one party breaches the duty of care they owe another and injures them, typically by failing to take reasonable precautions to protect others from harm.
Cruise ships owe their passengers a significant duty of care to keep them safe and act with reasonable care during a journey.
Examples of Ordinary Negligence
There are many examples of how ordinary negligence on a cruise can cause injuries. For example, if a janitorial crew fails to clean up a spill on a slick deck, the failure may be considered ordinary negligence.
Other examples of negligence on cruise ships include negligent security, which involves the cruise ship failing to adequately check passenger tags at entry points and prevent non-passengers who might pose a threat from entering the ship.
Legal Implications of Ordinary Negligence
Cruise lines or other at-fault parties can be made to cover victims’ economic and non-economic damages when found liable for injuries due to ordinary negligence. This should include all medical expenses, lost wages, and pain and suffering associated with an accident, no matter how great.
Standard of Proof for Ordinary Negligence
To prove ordinary negligence, our cruise ship injury lawyers lawyers must prove that it is more likely than not that the defendant owed you a duty of care, the defendant breached their duty of care, their breach caused your injuries, and you suffered real damages as a result. You do not need to complete any extra steps to get all the potential damages available to you.
What is Gross Negligence in a Cruise Injury Case?
Unfortunately, injuries caused by gross negligence are common on cruise ships, and passengers need to know when gross negligence is present and what that might mean for their financial recovery.
Definition of Gross Negligence
Someone demonstrates gross negligence when they show a reckless disregard for someone else’s safety with their acts or failure to act. Gross negligence is characterized by egregious misconduct, whether it is intentional or not, and goes beyond ordinary negligence.
Examples of Gross Negligence
For example, suppose there was a reported outbreak of a foodborne illness on the ship, and the kitchen staff did not follow food safety protocols or respond appropriately. Such inaction could lead to more passengers falling sick. Such conduct could constitute gross negligence if the cruise ship’s reckless failure to act in response to a known issue caused your illness and damages.
Negligent security could rise to the level of gross negligence if the cruise had a recent non-passenger-involved incident on board and failed to address the poor security, leading to another incident that harmed you. Non-passengers entering cruise ships is a serious concern, as this could increase the risk of intentional physical and sexual assaults on passengers.
Legal Implications of Gross Negligence
When found liable for gross negligence, cruise ships can be made to pay punitive damages to victims in addition to compensatory damages. Punitive damages are used to make an example of a defendant and to punish them for their particularly reckless or egregious misconduct.
Punitive damages are not capped in cruise ship injury claims, and neither are compensatory damages. When assessing your case, our attorneys can evaluate the defendant’s conduct to determine if punitive damages could be available at trial. If so, we may specifically request them when filing your maritime injury complaint in federal court.
Standard of Proof for Gross Negligence
To get punitive damages in addition to compensatory damages, you must first prove the four mandatory elements of a civil case, and then prove, through clear and convincing evidence, that the defendant also exhibited gross negligence. This is a higher standard of proof than what’s required to get only compensatory damages.
Do You Have to Go to Trial to Get Punitive Damages for Gross Negligence?
While many victims initially want to settle their injury claims quickly, doing so could leave them still missing crucial compensation. This is especially true regarding punitive damages if a cruise line’s conduct reached the level of gross negligence.
You can only hold a cruise ship liable for gross negligence and get punitive damages by going to trial. Jurors award these damages, and you can’t get them from a settlement.
That doesn’t mean, however, that settlements in gross negligence cases cannot be high. Starting offers are typically low, though our Miami cruise ship injury lawyers may get them to increase substantially through staunch negotiations.
What Happens During Trials for Ordinary Negligence vs. Gross Negligence?
We can take your case to court if settlement offers never increase appropriately. Sometimes, indicating we are ready for a trial will convince the other side to make a final, higher offer that better suits your needs.
During trials, defendants may continue to send settlement offers, and plaintiffs can accept them at any time before the trial ends. At the end of a trial, the jury will award compensation based on the proof of damages we provide and their assessments of your losses and the defendant’s conduct.
If they agree with our arguments of gross negligence, jurors may force the liable cruise line to pay substantial punitive damages, which would be paid on top of all compensatory damages you deserve.
FAQs About Gross Negligence vs. Ordinary Negligence in Cruise Ship Injury Cases
Can You Get a Good Settlement for Gross Negligence?
When cruise ships face the prospect of being held liable for punitive damages at trial, they might offer sizeable settlements to keep the matter out of court. Whether we advise victims to accept these offers depends on how they compare with their actual damages. In addition to losses incurred to date, we will seek compensation for future medical expenses and lost wages you expect to incur. Otherwise, you could find yourself having to cover those damages yourself if the settlement is insufficient.
What Damages Can You Get for Ordinary Negligence on a Cruise?
For injuries due to ordinary negligence sustained on a cruise ship, you can seek damages for medical bills, lost wages, and other out-of-pocket expenses, as well as non-economic damages that will attempt to compensate you for pain, suffering, disfigurement, embarrassment, reduced quality of life, and other non-economic damages.
What Damages Can You Get for Gross Negligence on a Cruise?
For injuries due to gross negligence, you can recover the same compensatory damages as you would for ordinary negligence, as well as additional exemplary damages, also known as punitive damages. Even if you believe you are the victim of gross negligence, neither compensatory damages nor punitive damages are guaranteed in a lawsuit.
Can a Cruise Ship Liability Waiver Protect Against Ordinary Negligence?
For participation in wave pools, water and land excursions, and other activities, cruise ships might require passengers to sign liability waivers. Liability waivers only protect against claims for ordinary negligence when they are enforceable, which they often are not because of unclear language or public policy violations.
Can a Cruise Ship Liability Waiver Protect Against Gross Negligence?
Cruise ship liability waivers for excursions and other experiences cannot protect against lawsuits for gross negligence, even if the language in the waiver attempts to do so.
Call Our Attorneys to Talk About Your Cruise Ship Injury Claim
For a free and confidential discussion of your case with our Florida boat accident injury lawyers, call Rivkind Margulies & Rivkind at (305) 204-5369 today.
