Depositions in a Cruise Ship Injury Case Against Disney
by
Spencer Marc Aronfeld on Jun. 05, 2017
Accident & Injury Accident & Injury Personal Injury Lawsuit & Dispute
Summary: Whenever we sue a cruise line on behalf of an injured passenger or crewmember, one of our primary concerns is how to get our client to Florida to testify at deposition and trial. This is especially challenging when the client is badly injured, can't afford to travel, or can't obtain a visa.
Each year thousands of passengers are involved in accidents aboard cruise ships, but only a small number of these passengers will collect compensation from the cruise company that owned and operated the cruise ship. Some individuals will never consider a lawsuit for their injuries and in other situations the facts will not amount to negligence or liability on the part of the cruise line.
Many other claims are never fully litigated because it can be extremely burdensome to bring a personal injury lawsuit against a major cruise line.
Initial Hurdles for an Injured Passenger
From the start passengers are disadvantaged against a cruise line responsible for an accident or injury. Most cruise companies require injured passengers to bring a claim in the United States Federal Court in Miami, Florida. This is a requirement regardless of where the accident occurred and where the passenger is from or located. However, cruise passengers agree to bring all lawsuits in this venue when purchasing a ticket.
In Miami, the cruise companies have a huge amount of financial resources and legal assistance. Plus, the cruise lines are extremely familiar with the law and lawyers in Miami, from bringing and defending hundreds, if not more, cases in this same court. In contrast, an injured passenger may have never set foot in the city, much less filed a lawsuit. This gives the cruise line a significant “home field” advantage.
A legal team familiar with maritime law and how it is applied in the Federal Court in Miami, can be a huge asset to an injured passenger. These experienced lawyers can assist with one of the biggest difficulties faced by a passenger as a case progresses, distance from Miami.
Specific Difficulty with Depositions and Trial
An injured passenger or crewmember that is located far from Miami will face a number of challenges due to distance. In fact, the cruise company is counting on that when it requires passengers to file in this specific venue. Two times the distance is a particular problem is for taking depositions and dates of a trial. Typically, these events require the plaintiff to be physically present.
A lawsuit brought by an injured crewmember against the Disney Cruise Line highlights this issue.
The crewmember was Peruvian, and injured aboard a Disney cruise ship outside of the United States. The spinal injuries sustained by the crewmember were apparently due to the negligence of Disney, but to prove this the crewmember had to file a personal injury lawsuit in Miami. To alleviate the burden of travel and because there was difficulty securing a visa for the injured crewmember, the plaintiff’s lawyers arranged to take his deposition through SKYPE.
This action that was later opposed by Disney’s counsel, despite Disney’s refusal to earlier produce calendars and available times to take a deposition. Disney tried to argue that under a specific procedural law applicable to maritime cases, taking the deposition via SKYPE caused the company undue burden. The court ultimately disagreed and allowed the deposition to go forward with the crewmember giving statements from Peru.
Working with the Right Leal Team
These issues of disparate financial resources, inability to travel, visa restrictions, and timing of court motions and appearances are common in cases against cruise companies. Proactive and diligent work by an injured person’s legal team is essential. Lawyers unfamiliar with the tactics employed by the cruise lines to stymie claims or the applicable laws might be unable to help a client overcomes these obstacles.
Our Miami personal injury law firm has over 30 years of combined legal experience representing passengers and crew members from around the world in slip and fall, trip and fall, sexual assault, and other cases against Carnival, Royal Caribbean, Celebrity, Norwegian, Holland America, MSC, Azamara, Princess, Disney, Costa, Regent Seven Seas, Oceania, and the other major cruise lines.
If you have been hurt on a cruise, call us today, toll-free at 1-866-597-4529, locally at 305-441-0440, or reach us by email at newcase@aronfeld.com or SKYPE and let our years of experience assist you in holding the cruise line accountable for your injuries, medical expenses, lost wages, and pain and suffering. Contact us today--we are ready to help you.
