It was supposed to be a dream vacation. A week floating along the Gulf of Mexico, taking excursions to beautiful stops in the most magnificent ports of Mexico, eating exquisite foods and enjoying the relaxation offered aboard a state-of-the-art cruise ship: pure bliss. Imagine passenger's horror as a ship fire caused the breakdown of most of the ships basic services, forcing people to use any means necessary to relieve themselves (including sinks, showers, and bags) and eat rotting food. Apparently, no one was seriously injured during this ordeal, but the ramifications to Carnival's image could be devastating.

For many people who watched this drama unfold on the news, and for many passengers as well, there has been an assumption that this event is one that constitutes a clear case of negligence and that passengers who filed a lawsuits would have a fair chance of prevailing in court. This is not so. While a class action suit has been filed against Carnival Cruise line for the horrific experience passengers endured while on the ship, the passenger ticket, which acts as a contract with Carnival Cruise Line, actually has a class action waiver that provides for, "exclusive resolution of disputes through individual legal action." Some respected plaintiffs' attorneys are asserting that this waiver is not enforceable, but many other attorneys are also predicting that the court will ultimately recognize this waiver as binding and limit recoveries to those brought in the expensive and big business oriented arbitration process.

Where the Cruise Line is not so well protected is the area of personal injury. If a passenger has actually sustained injury to due to negligence "under the circumstances" by Carnival, a law suit can be brought in the U.S. Federal Court for the Southern District of Florida for full damages. These suits fall under the classification of "personal injury" in the passenger ticket and would apply to injuries coming about through slip and falls, burns from an onboard fires, accidents sustained while on ship excursions, severe illness from eating contaminated food, and other circumstances which could constitute viable claims against a cruise line.

For questions about filing a suit against a cruise line, contact Miami personal injury attorney Robert Gross. With years of experience working in the areas of maritime and admiralty law, he has the answers to your questions. Call today at 305-793-5526.