Under the Jones Act, an employer has the duty to provide its seaman employees with a reasonably safe place to work. An employer breaches that duty if it does not act with ordinary prudence. In other words, if a maritime employer disregards a danger that it knew or should have […]
Category: Cruise Ship Crew Member Injury Law
As we reported in our article Court Requires Carnival Cruise Lines to Produce Contract in Order to Force an Injured Seaman Crew Member Employee to Arbitrate His Claim, a Miami Federal Court denied Carnival Cruise Lines’ attempt to preclude its crew member’s right to have a jury of his peers […]
Given the nature of working aboard ships, many times captains or officers require crew to undertake jobs which they are not physically suited to perform. Often times, crew members are already sick or injured, and due to short staffing, are required to continue their job duties. Our maritime attorneys have […]
We have been reporting on the major cruise lines forceing their crew member employees to sign arbitration agreements. These arbitration agreements deprive crew members of having their personal injury and wages claims decided by judges and juries. Courts, however, are starting to limit the cruise lines’ ability to preclude crew […]
We reported on August 9, 2010 that Brais & Brais was successful in obtaining a ruling from a Miami, Florida Federal Court finding Carnival Cruise Lines cannot force a crew member to arbitrate his personal injury claim without producing a signed arbitration agreement covering the employment period for which the […]