Can I Sue a Cruise Line for an Injury?

via Tumblr hobbsr04.tumblr.com/post/121943506897 Is that buffet food coming back out the wrong way? Did you slip and fall on the pool deck? Did the swaying of the boat cause a beer bottle to fall from the upper deck onto your head? If you’re injured while on a cruise, can you sue the cruise line? Negligence Slip and fall, drowning, and food poisoning and norovirus are all common injuries on a cruise ship. Most lawsuits against a cruise ship will likely claim negligence. To win a negligence lawsuit, you must be able to show that the cruise ship had a duty to care for you; it breached that duty; and the breach caused you injury and damage. Under the Kermarec rule, created by the U.S. Supreme Court in Kermarec v. Compagnie Generale, cruise lines have a duty to provide passengers with reasonable care. So, the cruise does have a duty to care for you. This duty usually requires the cruise to take reasonable steps to protect you, such as properly refrigerating and preparing food to prevent food poisoning, or laying out mats in pool areas to prevent slipping and falling. If the cruise failed to take such reasonable precautions, then it breached its duty of care. You will then have to show that the breach of duty was a direct cause of your injury. Did you fall because the cruise didn’t lay out mats to prevent slipping? Or, did you fall because you were inebriated and running around on the deck despite instructions from crew members not to do so? Unless the cruise ship’s negligence was at least a contributing factor in your injury, you won’t be able to win any damages in your suit against it. The Fine Print Before you do file your lawsuit in court, be sure to read the fine print on your ticket first. Some cruises may set out in their Terms and Conditions requirements for suing. For example, you may have to take certain steps such as providing written notice of injury and bringing a claim within a specific period of time before suing. Other terms could require you to sue in a specific jurisdiction or require arbitration instead of a court trial. If you’ve been injured on a cruise ship, consult with an experienced personal injury attorney for help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Cruise Line Sued for Not Saving Stranded Fisherman (FindLaw’s Injured) 200 Royal Caribbean And Celebrity Cruise Passenger Sick With Norovirus (FindLaw’s Injured) Royal Caribbean Can Be Held Liable for Passenger’s Death: 11th Cir. (FindLaw’s U.S. Eleventh Circuit) from Injured blogs.findlaw.com/injured/2015/06/can-i-sue-a-cruise-line... via Blogger hobbsr04.blogspot.com/2015/06/can-i-sue-cruise-line-for-i...

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Can I Sue a Cruise Line for an Injury?

Is that buffet food coming back out the wrong way? Did you slip and fall on the pool deck? Did the swaying of the boat cause a beer bottle to fall from the upper deck onto your head?

If you’re injured while on a cruise, can you sue the cruise line?

Negligence

Slip and fall, drowning, and food poisoning and norovirus are all common injuries on a cruise ship. Most lawsuits against a cruise ship will likely claim negligence. To win a negligence lawsuit, you must be able to show that the cruise ship had a duty to care for you; it breached that duty; and the breach caused you injury and damage.

Under the Kermarec rule, created by the U.S. Supreme Court in Kermarec v. Compagnie Generale, cruise lines have a duty to provide passengers with reasonable care. So, the cruise does have a duty to care for you.

This duty usually requires the cruise to take reasonable steps to protect you, such as properly refrigerating and preparing food to prevent food poisoning, or laying out mats in pool areas to prevent slipping and falling. If the cruise failed to take such reasonable precautions, then it breached its duty of care.

You will then have to show that the breach of duty was a direct cause of your injury. Did you fall because the cruise didn’t lay out mats to prevent slipping? Or, did you fall because you were inebriated and running around on the deck despite instructions from crew members not to do so? Unless the cruise ship’s negligence was at least a contributing factor in your injury, you won’t be able to win any damages in your suit against it.

The Fine Print

Before you do file your lawsuit in court, be sure to read the fine print on your ticket first. Some cruises may set out in their Terms and Conditions requirements for suing.

For example, you may have to take certain steps such as providing written notice of injury and bringing a claim within a specific period of time before suing. Other terms could require you to sue in a specific jurisdiction or require arbitration instead of a court trial.

If you’ve been injured on a cruise ship, consult with an experienced personal injury attorney for help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Cruise Line Sued for Not Saving Stranded Fisherman (FindLaw’s Injured)
• 200 Royal Caribbean And Celebrity Cruise Passenger Sick With Norovirus (FindLaw’s Injured)
• Royal Caribbean Can Be Held Liable for Passenger’s Death: 11th Cir. (FindLaw’s U.S. Eleventh Circuit)

from Injured http://blogs.findlaw.com/injured/2015/06/can-i-sue-a-cruise-line-for-an-injury.html

What is Informed Consent?

via Tumblr hobbsr04.tumblr.com/post/121874092757 Would you buy a car without knowing anything about the car’s specification and capabilities? Would you sign a contract without asking what the contract requires? Would you let a doctor do whatever he likes to your body without explaining anything to you? Well, you shouldn’t and you don’t have to. You have a right to decide what is done to you and your body. Because of this right, we have the concept of informed consent. Informed Consent All 50 states have laws that require informed consent. While the laws may vary, the general principle is that you should receive all necessary information about your medical condition, treatment choices, benefits and risks of treatment, and prognosis. Doctors can’t just say, “You’re sick. Take this medication,” without telling you what you’re sick with, what the medication is, and how it can hurt or help. In order for a patient to give informed consent, a doctor should discuss, in easy to understand terms: The diagnosis of your condition, The process and purpose of any proposed treatments and any possible alternative treatments, The benefits and risks of treatment, and The benefits and risk of not getting treatment. Failure to provide information and get informed consent can leave a doctor vulnerable to medical malpractice, negligence, or battery claims. Exception In certain situations, informed consent is not required. Emergency You need emergency heart surgery to clear a blocked artery, but you’re passed out. When you’re not in a condition to consent, but emergency medical action is necessary to save you, a doctor is not required to get informed consent. Incompetency Some people may not be competent to give consent. While adults are generally presumed competent to give informed consent, children and mentally ill adults are often presumed incompetent. In these situations, a parent or court appointed guardian will be responsible for consenting on the patient’s behalf. If a doctor has treated you without first getting your informed consent and you suffered an injury as a result, consult with an experienced personal injury attorney for help. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Do You Have The Right to Refuse Medical Treatment? (FindLaw’s Injured) Should I Cheat on My Attorney and Get a Second Opinion? (FindLaw’s Law and Daily Life) S.D. Informed Consent Warning Can Include Increased Suicide Risks (FindLaw’s U.S. Eighth Circuit) from Injured blogs.findlaw.com/injured/2015/06/what-is-informed-consen... via Blogger hobbsr04.blogspot.com/2015/06/what-is-informed-consent.html

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What is Informed Consent?

Would you buy a car without knowing anything about the car’s specification and capabilities? Would you sign a contract without asking what the contract requires? Would you let a doctor do whatever he likes to your body without explaining anything to you?

Well, you shouldn’t and you don’t have to. You have a right to decide what is done to you and your body. Because of this right, we have the concept of informed consent.

Informed Consent

All 50 states have laws that require informed consent. While the laws may vary, the general principle is that you should receive all necessary information about your medical condition, treatment choices, benefits and risks of treatment, and prognosis. Doctors can’t just say, “You’re sick. Take this medication,” without telling you what you’re sick with, what the medication is, and how it can hurt or help.

In order for a patient to give informed consent, a doctor should discuss, in easy to understand terms:

• The diagnosis of your condition,
• The process and purpose of any proposed treatments and any possible alternative treatments,
• The benefits and risks of treatment, and
• The benefits and risk of not getting treatment.

Failure to provide information and get informed consent can leave a doctor vulnerable to medical malpractice, negligence, or battery claims.

Exception

In certain situations, informed consent is not required.

Emergency

You need emergency heart surgery to clear a blocked artery, but you’re passed out. When you’re not in a condition to consent, but emergency medical action is necessary to save you, a doctor is not required to get informed consent.

Incompetency

Some people may not be competent to give consent. While adults are generally presumed competent to give informed consent, children and mentally ill adults are often presumed incompetent. In these situations, a parent or court appointed guardian will be responsible for consenting on the patient’s behalf.

If a doctor has treated you without first getting your informed consent and you suffered an injury as a result, consult with an experienced personal injury attorney for help.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Do You Have The Right to Refuse Medical Treatment? (FindLaw’s Injured)
• Should I Cheat on My Attorney and Get a Second Opinion? (FindLaw’s Law and Daily Life)
• S.D. Informed Consent Warning Can Include Increased Suicide Risks (FindLaw’s U.S. Eighth Circuit)

from Injured http://blogs.findlaw.com/injured/2015/06/what-is-informed-consent.html

Trending Personal Injury Questions From FindLaw Answers

via Tumblr hobbsr04.tumblr.com/post/121864997722 You’ve got questions… we’ve got answers. If you have not yet asked or answered a question in FindLaw’s Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that. We see a lot of great questions in our Answers community every day. Here’s a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards: 1.) I was injured in a car accident caused by a drunk driver pulling out of a bar parking lot. I found out later the driver had been drinking heavily at the bar for more than 4 hours before getting behind the wheel. I’m going to sue the driver, but can I also sue the bar? The answer to this poster’s question depends on the state in which the accident took place. Most states have dram shop laws that make a drinking establishment liable for serving alcohol to an intoxicated person who subsequently injures or kills someone while under the influence of alcohol. These laws generally determine fault according to the “obvious intoxication” test – which requires that the patron be visibly and obviously intoxicated in order for the business to be held liable. Since dram shop laws vary from state to state, it’s a good idea to consult with a local personal injury attorney to get a free case evaluation. 2. ) I just found out my daughter is being bullied by several classmates on Facebook. The things they’re posting are so mean-spirited and cruel, and my daughter is absolutely devastated. Can I take any legal action? As a result of growing awareness and a number of high-profile tragedies, “cyberbullying” is now a rapidly evolving area of law. Many states have enacted cyber harassment laws that criminalize cyberbullying. However, as of today, the law still leaves parents to take much of the initiative by filing civil claims against the school or the bullies’ parents. Since so much depends on state-specific law and the details of the individual case, the Answers Community suggested the poster consult with a personal injury attorney or education attorney to determine the family’s best legal recourse. 3.) Should I hire an attorney to handle my personal injury claim? Or should I go ahead and file it on my own? Even though this poster doesn’t give us many details, this is a great question – and one that comes up pretty frequently. Every case is different, but the decision to hire a lawyer generally depends on the scope and size of the injury. If the injury and corresponding damages are small, plaintiffs usually go to small claims court. Since small claims courts are designed to settle disputes quickly and efficiently, many plaintiffs go forward with claims without an attorney (and some states even prohibit attorney representation in small claims court). If the claim involves a more serious injury, the case is likely to be significantly more complicated and involve litigation. Since the average person could be quickly overwhelmed by unfamiliar rules and court procedures, it’s generally a good idea to retain a personal injury lawyer to help guide the case smoothly from beginning to end. If you find yourself in this situation, consider getting a free case evaluation from a local personal injury attorney. Related Resources: Have an injury claim? Get your claim reviewed for free. (Consumer Injury) Top Personal Injury Legal Questions From FindLaw Answers (FindLaw’s Injured) Reasons To Hire An Experienced Personal Injury Attorney (FindLaw’s Injured) from Injured blogs.findlaw.com/injured/2015/06/-youve-got-questions-we... via Blogger hobbsr04.blogspot.com/2015/06/trending-personal-injury-qu...

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Trending Personal Injury Questions From FindLaw Answers

You've got questions... we've got answers. If you have not yet asked or answered a question in FindLaw's Answers community, what are you waiting for? This amazing free resource supports a dynamic community of legal consumers and attorneys helping each other out. Simple as that.

We see a lot of great questions in our Answers community every day. Here's a look at some recent questions relating to injuries, accident, and torts from our FindLaw Answers boards:

1.) I was injured in a car accident caused by a drunk driver pulling out of a bar parking lot. I found out later the driver had been drinking heavily at the bar for more than 4 hours before getting behind the wheel. I'm going to sue the driver, but can I also sue the bar?

The answer to this poster's question depends on the state in which the accident took place. Most states have dram shop laws that make a drinking establishment liable for serving alcohol to an intoxicated person who subsequently injures or kills someone while under the influence of alcohol. These laws generally determine fault according to the "obvious intoxication" test -- which requires that the patron be visibly and obviously intoxicated in order for the business to be held liable. Since dram shop laws vary from state to state, it's a good idea to consult with a local personal injury attorney to get a free case evaluation.

2. ) I just found out my daughter is being bullied by several classmates on Facebook. The things they're posting are so mean-spirited and cruel, and my daughter is absolutely devastated. Can I take any legal action?

As a result of growing awareness and a number of high-profile tragedies, "cyberbullying" is now a rapidly evolving area of law. Many states have enacted cyber harassment laws that criminalize cyberbullying. However, as of today, the law still leaves parents to take much of the initiative by filing civil claims against the school or the bullies' parents. Since so much depends on state-specific law and the details of the individual case, the Answers Community suggested the poster consult with a personal injury attorney or education attorney to determine the family's best legal recourse.

3.) Should I hire an attorney to handle my personal injury claim? Or should I go ahead and file it on my own?

Even though this poster doesn't give us many details, this is a great question -- and one that comes up pretty frequently. Every case is different, but the decision to hire a lawyer generally depends on the scope and size of the injury.

If the injury and corresponding damages are small, plaintiffs usually go to small claims court. Since small claims courts are designed to settle disputes quickly and efficiently, many plaintiffs go forward with claims without an attorney (and some states even prohibit attorney representation in small claims court).

If the claim involves a more serious injury, the case is likely to be significantly more complicated and involve litigation. Since the average person could be quickly overwhelmed by unfamiliar rules and court procedures, it's generally a good idea to retain a personal injury lawyer to help guide the case smoothly from beginning to end. If you find yourself in this situation, consider getting a free case evaluation from a local personal injury attorney.

Related Resources:

• Have an injury claim? Get your claim reviewed for free. (Consumer Injury)
• Top Personal Injury Legal Questions From FindLaw Answers (FindLaw's Injured)
• Reasons To Hire An Experienced Personal Injury Attorney (FindLaw's Injured)

from Injured http://blogs.findlaw.com/injured/2015/06/-youve-got-questions-weve.html

Can a Government Entity Force Me to Waive Injury Claims?

via Tumblr hobbsr04.tumblr.com/post/121795193777 We see waiver forms all the time: from school sports to the ski slopes to the hotel pool. And normally we sign them without giving them much thought. But what if it’s a government entity asking you to sign a liability waiver? Can they make the waiver a prerequisite to participation in public services? And if you sign it, have you waived any and all future injury claims? The General Rule Unfortunately, government entities, including states, counties, and cities can make signed waivers mandatory, even for participation in taxpayer-funded programs. While governments don’t enjoy the same level of sovereign immunity that they used to (meaning you can, in fact, sue city hall), they can still require liability waivers in some instances. Liability waivers are also generally upheld. Most waivers are designed to immunize companies and government entities from liability for their employees’ negligence, known as vicarious liability. And, for the most part, courts will enforce liability waivers, even if the entity or its employees acted negligently. The Exceptions There are some cases, however, where courts will rule that a liability waiver is invalid. If a waiver is unconscionable, meaning it is unreasonably unfair or contrary to public policy, it will be unenforceable. The Oregon Supreme Court recently found a ski resort’s liability waiver unconscionable, and allowed an injured snowboarder to sue the resort. And while some liability waivers may cover a government entity’s negligence, they won’t protect the entity from suits regarding reckless or intentional acts. Forms or contracts that ask a party to waive claims for gross negligence or intentional torts can be thrown out for being overbroad. So while you may waive your right to sue over an honest accident, a court will generally not allow a government entity to avoid liability for its own recklessness or intentional harm. Just because you signed a liability waiver doesn’t necessarily mean you’ve forfeited any injury claim, and an experienced injury attorney can tell you whether you still have a claim. Related Resources: Injured in an accident? Get your claim reviewed by an attorney for free. (Consumer Injury) Injury Claims Against the Government (FindLaw) Does Your Gym’s Liability Waiver Mean Squat? (FindLaw’s Law and Daily Life) Does N.M.’s Space Travel Liability Law Go Too Far? (FindLaw’s Legally Weird) from Injured blogs.findlaw.com/injured/2015/06/can-a-government-entity... via Blogger hobbsr04.blogspot.com/2015/06/can-government-entity-force...

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