2016-07-15

 An 8-year-old boy died after a drowning accident aboard the Royal Caribbean International’s Anthem of the Seas. According to news reports, the incident occurred June 30 when the child was found unresponsive in a pool. He received CPR on the ship, which sailed back toward port in Bayonne, New Jersey. The boy was rushed to Staten Island hospital in critical condition. But, he died from his injuries July 2. Our thoughts and prayers go out to the family members of this child during this very difficult time.

Drowning Incidents Aboard Cruise Ships

Nearly two dozen drowning or near-drowning incidents have occurred on major cruise lines just in the past two years. It is important to note that cruise ships, just as hotels, may not have lifeguards on duty. Cruise lines such as Royal Caribbean provide life jackets for children in a variety of sizes in the pool area. Of the major cruise companies, Disney Cruises is the only one that has lifeguards at shipboard pools. Even that decision came only after a young boy suffered permanent brain damage during a near drowning incident in 2013 on board one of their ships.

This recent tragedy raises again the subject of the lack of lifeguards on cruise ships. According to Conde Nast Traveler, this topic is among the most discussed by regular cruisers who often contend with crowded pools at which lifeguards are not guaranteed.

This is similar to the situation involving hotels and resorts where there may be no safeguards for young children in swimming pools.

Safety experts say the expectation of lifeguards aboard a cruise ship is a reasonable one, just as you would expect to see lifeguards at a water park. Cruise ships should have the same responsibility as an amusement park has on land. In other words, they should be providing reasonable protections with respect to the attractions and amenities they provide on board their ships.

Drowning Deaths in the U.S.

According to the U.S. Center for Disease Control and Prevention (CDC), nearly 10 people drown every day in the country. Drowning ranks fifth among the leading causes of unintentional injury deaths in the United States. About one in five people who die from drowning are children 14 and younger, and for every child who dies from drowning, another five receive emergency department care for nonfatal submersion injuries.

Nonfatal drowning can cause catastrophic brain damage that may result in long-term disabilities including memory problems, learning disabilities, and permanent loss of basic functions. While rates of fatal drowning in a swimming pool vary with age, gender, and race, the highest rates are among children ages 1 to 4. Males are at higher risk than females at all ages.

Cruise Ships and Liability Issues

There is no question that a cruise ship operator must exercise reasonable care for the safety of their passengers. Cruise ships in international or foreign waters fall under a mix of international maritime law, U.S. law and the laws of the location where the accident occurred or where the ship is registered. In cases where cruise ship operators are found to have been negligent, they can be held liable for the injuries, damages and losses caused. The determination of negligence under maritime law hinges on whether a reasonably careful cruise ship operator would have known about the dangerous condition aboard the ship, which caused the injury or fatality. For example, cruise ship companies can be held liable for injuries caused due to poor maintenance, employee negligence, contaminated food that causes food poisoning, etc.

Compensation for Victims and Families

Injured victims of cruise ship accidents can seek compensation for damages including, but not limited to, medical expenses, lost wages and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Those who have lost loved ones may also be able seek compensation by filing a wrongful death claim.

If you or a loved one has been injured in a swimming pool accident, or if you have lost a loved one in a swimming pool accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.

Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

Other TOLL FREE phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit us at: www.WORK4YOULAW.com

Source: http://www.miamiherald.com/news/business/tourism-cruises/article88970617.html

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