Appeals Court Affirms Judgment for Cruise Line After Offshore Excursion Injury

Offshore cruise ship excursions are some of the most exciting parts of a cruise vacation. From tours of exotic locales to ziplining through rain forests, these adventures often create memories that will last a lifetime. While these excursions provide passengers with opportunities to enjoy a wide variety of new experience, they can also be dangerous.

Recently, the U.S Court of Appeals for the 11^th Circuit weighed in on when passengers that are injured in offshore excursions can hold the cruise line that sponsored the trip responsible for any injuries that may occur off the boat. In a case called Wolf v. Celebrity Cruises, Inc. and The Original Canopy Tour, the appellate court upheld a trial court’s decision dismissing a lawsuit against a cruise line and its offshore excursion partner. While this plaintiff may have lost his case, the court affirmed that cruise lines can be held responsible for offshore excursion injuries in certain circumstances. If you were injured in an offshore excursion, the cruise ship lawyers at Gerson & Schwartz, P.A., can help.

Offshore Excursion Causes Injury

The plaintiff-appellant, Brent Wolf, filed a lawsuit based on an incident which happened in 2012. Wolf had booked a ticked aboard a Celebrity Cruises, Inc. (Celebrity) ship called the Celebrity Infinity. As part of his trip, Wolf purchased tickets to go ziplining during an offshore excursion in Costa Rica. The zipline tour consisted of ten platforms placed throughout the jungle with a zipline running between them. The zipline riders were strapped into a harness which hangs from the zipline and travels at a high rate of speed between the platforms.

In his complaint, Wolf alleged that he became turned around during the ride and was not able to see the approaching platform as he traveled toward it. He slammed into the platform and suffered serious injuries, including an avulsion in his calf muscle. Wolf claimed that the company operating the offshore excursion, The Original Canopy Tour (OCT), was negligent in failing to fully instruct him in how to operate the zipline and turn himself back around. He also sued Celebrity claiming that the cruise line was negligent in failing to warn him of the dangers of the excursion as well as negligent in hiring OCT to facility the excursion.

Appellate Court Says No Personal Jurisdiction 

The 11^th Circuit Court of Appeals found that Wolf had failed to make a case against either OCT or Celebrity. First, the appellate court found that it had no power, or jurisdiction, to decide a case against OCT because the company was not based in the United States and had not conducted business inside this country. As a result, even if OCT was negligent toward Wolf, he still could not recover damages.

As for Celebrity, the appellate court recognized that cruise lines have a responsibility to passengers to partner with offshore excursion companies that are safe and reliable.  However, the court found that Celebrity Cruises had met that burden.

Celebrity showed that it had done thorough research into ziplining providers, and had chosen OCT as an offshore excursion provider because it was the best in the business. The cruise line had no notice of any prior accidents or injuries with the company, and had compared several other excursion providers before settling on OCT. Because Celebrity had done its research and chosen a company which the court said, “wrote the book” on ziplining excursions, the company was not liable for negligently hiring the company or failing to warn its passengers about any dangers associated with that excursion. Since the company had no reason to know that OCT may be dangerous for its passengers, it had no duty to warn them of unknown dangers associated with the ziplining excursion.

Other Cruise Lines May Be Responsible for Offshore Injuries

Celebrity was not responsible for Mr. Wolf’s injuries because it had done its due diligence and made sure to hire a reputable company with no history of accidents for its offshore excursions. Other cruise lines which are not as painstaking in their hiring practices may not be so lucky.

Cruise lines that hire excursion companies with a history of accidents or that fail to research the potential harm that may befall their passengers could be held responsible for injuries through a legal theory called vicarious liability. If you were injured in an offshore excursion, it is possible that the cruise line which provided the excursion may be legally responsible for paying damages for costs like medical bills, lost wages, or pain and suffering.

At Gerson & Schwartz, P.A., our cruise ship attorneys have decades of experience helping injured cruise ship passengers get justice. For a free review of your injury claim, contact our office today by calling (877) 475-2905. Or you can visit uso online at www.injuryattorneyfla.com