The glory days of the cruise ship vacation has seemingly passed. With cruise ships having been in the media so much as of late due to poor conditions, captain error and more, it’s little wonder why many people would rather vacation using other means.
Case in point, in a 2013 case, the plaintiff wanted various information regarding passengers who had previously slipped and fell as a direct result of water or any other liquid in a public area on the cruise ship. The plaintiff requested the documentation for one year after the incident, and the three-year period prior to the incident; however, the defendant cruise line rejected the argument, stating that the scope was limited only to the area where the plaintiff fell. So, what’s the big deal?
Limiting the area and time could severely hurt the plaintiff’s case by inhibiting the plaintiff from showing repetitive negligent behavior by the cruise ship in allowing water and other liquids to accumulate in public areas. If a plaintiff could prove that the public areas were not attended to properly, or worse yet, ignored completely, the case would be that much stronger.
Well, Little Richard isn’t the only one singing about Slippin’ and Slidin’, as the plaintiff’s court rejected the defendant’s argument, stating that the plaintiff’s request was not unreasonably burdensome and the time period was indeed reasonable. Some things undeniably do get by a court from time to time, but one thing that didn’t slip through the cracks is this new case law.
Have you or a loved one been injured on a cruise and need a cruise ship lawyer? Contact the maritime lawyers at O’Bryan Baun Karmanian today.
