We Represent Passengers
No Matter Where They Live,
No Matter Where The Cruise Line
Is Located

Cruise Ship Injury and Wrongful Death Maritime Attorneys

Special Laws Apply to Cruise Lines and Tour Vessels

Nautical tourism whether on cruise ships, river barges or sightseeing boats is a great experience, similar to an all-inclusive resort, but better. What enables the worldwide water touring industry to sustain itself are the separate laws, treaties and protocols made especially to protect the vessel operator from passenger claims for injury, wrongful death or damage.

A reality of cruising is that some passengers experience serious injury, illness or death of passengers during nearly every voyage due to operator negligence. The maritime cruise industry narrows its exposure to paying money compensation through the following major tactics. The time to make a claim or file a lawsuit is short, a change from the usual statutes of limitation. The operator dictates the court location for lawsuits regardless of where the passenger resides. Those exotic voyages requiring the passenger to fly abroad to begin the cruise between ports outside the United States typically require the passenger to waive a jury trial and litigate their claim in a foreign country. The Athens Convention is a treaty that limits the money compensation for passengers on foreign flagged ships when the treaty applies.   

As a Proctor in Admiralty member of the Maritime Law Association of the United States, Arnold Berschler’s knowledge of applicable unique laws and skill set make him the seriously passenger’s best choice for sound advice and strong representation. He has the answers to frequently asked questions such as:

1. Do I have a good case?
2. What must be done now to make the case a strong one?
3. Can a spouse or other family member make a claim?
4. What must be done to preserve evidence?
5. How do I prove my case?
6. What to do if a passenger dies in foreign waters, such as the Mediterranean, Europe, China, Scandinavia, Asia, Mexico.

*FOR ANSWERS, click here to download the PDF,
Nautical Tourist Accident Victims Rights and Responsibilities Checklist

Berschler Associates, PC has successfully represented passengers who have been injured on cruise ships, party boats, sightseeing boats, yachts, and excursion vessels. We work to recover money damages involving all sorts of claims, ranging from slip-and-fall accidents, through sexual assault to denial of accommodations for the disabled. Berschler Associates, PC also represents crew members of cruise ships who have been injured in the course of work.

Examples of Successful Outcomes.

Our client slipped and fell on the deck of a cruise ship while family members who were walking in front of her did not slip. She broke her leg. Attorney Arnold I. Berschler went down to San Diego with our firm’s expert to inspect the ship. Initially, the teak deck appeared to be constructed properly. However, we saw that the deck planks were defective. Our client received a substantial  money compensation.

Another example, our client and her husband flew to the PRC – China – and took a cruise on the Yangtze River aboard a Chinese owned ship. He died because of inferior medical services aboard the vessel. We were able to show that a New York court could decide the case. Our client received substantial money compensation.

In another example, our client booked directly through the cruise line, reserving a room with physical disability accommodations. On boarding, the room was not provided, violating the Americans with Disabilities Act (42 U.S.C., §12101; et seq.). Our client received substantial money compensation.
 

We offer contingency fees (no attorney fees upfront) in personal injury or wrongful death claims.