Cruise Drowning Accident Lawsuit in 2024 - A Complete Guide to Win

Anyone who is swimming in a pool, ocean, lake, or relaxing in a hot tub while on board a cruise ship can become the victim of a drowning accident. Filing a cruise drowning accident lawsuit will help you or your loved one injured on a cruise, hold the cruise ship accountable and recover all the damages you incurred. 

Unfortunately, drownings occur in just seconds, even if the victim is an experienced swimmer. However, these kinds of tragedies can be prevented by closely supervising those in the water. For instance, no one should be left unattended in a pool or body of water, including the adults.

The World Health Organization (WHO) estimates around 388,000 drowning deaths yearly. In addition, children between the ages of one and four are most likely to experience cruise ship drowning accidents.

What happens when the victim drowns?

Due to the initial panic, the body exerts energy to try to stay afloat. However, burning energy only increases the amount of carbon dioxide in the body. Experts say this is how drowning happens:

  • Underwater, the person goes into panic mode.
  • Starved of oxygen, the brain shuts down, and the person becomes unconscious.
  • The person’s throat closes to protect the lungs from the incoming water. This makes crying out for help impossible.
  • The body continues to lose the oxygen it needs to survive.
  • As the throat loosens up, the water starts filling the lungs.
  • The heart struggles to pump blood and eventually stops.
  • When a person coughs and tries to gulp in the air, they only end up breathing water.

Even if the person survives, severe internal body damage may have occurred, especially in the brain and lungs. Internal damage can occur if a person is submerged for more than five minutes. Brain death can occur after just a few minutes. If you or a loved one drowned and suffered injuries or died due to negligence by cruise operators, you can rest assured that the top lawyers will help you receive a fair cruise drowning accident settlement.

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cruise drowning accident lawsuit

Compensation for cruise drowning accident lawsuit

If you were injured in a swimming pool on a cruise ship, you could sue for the damages you suffered in drowning and near-drowning accidents. Injuries in and around a pool can include a wide range of potential harms, including head injuries or injuries to the lungs and brain from drowning. It also includes a victim who might have been killed in a drowning accident in a pool. You can claim for different types of damages, such as lost wages, medical bills, and pain and suffering, as well as other damages related to a wrongful death case.

Medical expenses after a partial drowning or other related injuries vary. If you need immediate medical care, you will be transported off the ship and taken back to shore, where you will be treated at a hospital. If you suffered brain injuries or other permanent disabilities, you would need ongoing medical care and rehabilitation, racking up expensive bills.

If your injuries stop you from returning to work, you could file a cruise drowning accident lawsuit to recover damages for lost wages or wages from work you failed to earn as you were still recovering from the injury. Any ongoing lost wages you will face if you cannot return to work or need to take a lower-paying job are also covered.

Damages for pain and suffering can also be paid through a cruise drowning accident claim. Drowning and injuries taking place underwater can be extremely terrifying. You could also face substantial suffering from the cruise ship drowning accident itself. Ongoing pain and suffering, plus mental anguish and emotional distress, can also lead to even more substantial damages.

Steps to avoid cruise ship drowning accidents from happening

Although drowning is a possible risk factor for anyone who is out in open waters, here are some measures you can take to improve your safety.

If you are a regular recreational boater, water sports enthusiast, or swimmer, you should start learning CPR. That way, if someone in your party does sustain a drowning accident, you can save their life by performing CPR.

Alcohol lowers inhibitions and motor reflexes. It can impede anyone involved in a cruise ship drowning accident at sea from reacting with the necessary stamina required to live.

Swimming lessons can help you lessen your chances of becoming a drowning accident victim. However, even if you think you can swim like a fish, it’s better to learn proper techniques and how to react in an accident. It will help you handle unfavorable conditions, conserve energy, and swim towards a safe location.

Wearing life jackets can mean the difference between life and death, particularly in a boating accident. According to the U.S. Coast Guard, more than 72% of boating accident deaths in 2010 occurred due to drowning, and 84% of these victims were not wearing life jackets. Remember that a life jacket will keep you afloat if you get injured or become unconscious.

Statute of limitation to file cruise ship drowning accident lawsuit

There are strict deadlines to file  cruise drowning accident lawsuit. Typically it is required to file a lawsuit within three (3) years from the date of injury. However, the cruise company may have limited your time to file on the ticket that you purchased. 

Therefore, if you or a loved one has been injured or killed in a drowning accident on a cruise ship, talk to an experienced cruise drowning accident attorney as soon as possible. They will help you in the whole procedure of your lawsuit and ensure you meet all the deadlines.

Known cruise ship drowning accidents and near-drowning

Here are some drowning incidents that made the news in the last decade.

  • A 10-year-old boy drowned in a swimming pool accident aboard Dream Cruise’s Genting Dream in November 2019.
  • An 8-year-old boy died in a cruise ship drowning accident aboard Royal Caribbean’s Liberty of the Seas vessel in December 2015.
  • A 4-year-old boy nearly drowned in a “kid-friendly” swimming pool aboard Royal Caribbean’s Oasis of the Seas cruise ship in January 2015.
  • A 10-year-old girl drowned in a cruise ship pool aboard the Norwegian Gem in May 2015.
  • Michael Ward, a 1985 MOVE bombing survivor, died at age 41 after drowning in a hot tub aboard the Carnival Dream in September 2013.
  • A 4-year-old boy died and his 6-year-old brother was hospitalized after drowning and near-drowning accidents in a pool aboard the Norwegian Breakaway in February 2014.
  • A 4-year-old boy was airlifted from the Disney Fantasy after nearly drowning in one of the ship’s pools in April 2013.

Why hire skilled and experienced lawyers?

When it comes to a death or injuries occurring in drowning and near-drowning accidents, the location of the incident plays an important role in determining the type of relief you are entitled to receive. Cruise lines and their attorneys will always try to claim that the Death on the High Seas Act (DOHSA) of 1920 applies to your cruise drowning accident lawsuit. They will also work hard to give you only minimum compensation.

Our cruise ship drowning attorneys and pool accident lawyers understand the dangers associated with drowning and near-drowning from unattended pools. So, if you or someone you love was involved in a drowning or near-drowning accident because the area where you were swimming was not properly monitored by a trained lifeguard or other professional, you may be eligible to file a lawsuit. 

Ethen Ostroff Law can help connect you with cruise ship drowning accident lawyers who can diligently review your case and help you understand all your rights as a victim. Call us today for a free initial consultation.

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