Disney Cruise Injury Lawyers in Melbourne, FL

Being partly at fault doesn’t automatically end your case. For an injury on board, federal maritime law generally applies, even in a Florida state court, and the U.S. Supreme Court has said an injured person’s own carelessness on a ship counts “only in mitigation of damages.” It reduces what you recover by your share, instead of Florida’s usual rule that more than 50% at fault means no recovery. Judges decide how the law applies to the facts of each case.

Mostly the same. Disney’s contract defines a “Guest” as every passenger, “adult, minor or incompetent person,” so the 6-month and 1-year deadlines are written for children too. Federal law pauses the notice deadline for a minor until a legal representative is appointed or 3 years pass, whichever comes first. It doesn’t say the 1-year deadline to sue is paused, so call us early. Write down which youth area or pool it was, the time, and the names of any counselors or crew involved.

We’re so sorry. When a death is caused by a wrongful act, neglect or default more than 3 nautical miles from the U.S. shore, a federal law, the Death on the High Seas Act, lets the personal representative bring a case for the spouse, parents, children or dependent relatives, for “fair compensation for the pecuniary loss,” meaning the family’s financial losses. Deaths in port or close to shore follow different rules, and judges decide which apply.

Federal law pauses the notice deadline until a representative of the estate is appointed or 3 years pass, whichever comes first. It doesn’t say the 1-year deadline to sue is paused, so have a representative appointed quickly. Our wrongful death lawyers can walk your family through it with care.

Get to safety and get medical care. Federal law requires large cruise ships sailing from U.S. ports to carry sexual assault exam equipment, have trained medical staff on board at all times, keep your exam information confidential, and give you a private line to reach law enforcement or a lawyer.

The federal appeals court that covers Florida has held that a cruise line is responsible for a crew member’s assault on a passenger during the cruise, even without proof the cruise line was careless. If another passenger was the attacker, the case turns on what the cruise line knew about the risk. Ask in writing for a copy of any video. Ships only have to keep security video for 20 days unless the incident is reported to law enforcement, so act quickly. Our sexual abuse attorneys handle these cases with care and privacy.

Injuries ashore work differently. Disney’s contract says excursion and tour companies “ARE INDEPENDENT CONTRACTORS AND ARE NOT ACTING AS AGENTS OR REPRESENTATIVES OF THE CARRIER,” and that Disney isn’t liable for what happens ashore, except for negligence during water transportation Disney provides. The contract says you can get the excursion company’s name “UPON REQUEST FROM THE SHORE EXCURSION MANAGER,” so ask before you leave the ship.

A cruise line still has to warn passengers about dangers it knows of in places it invites them to visit. The contract doesn’t name Disney’s island destinations, so judges decide how these rules apply to an island injury, based on the facts.

Keep every bill. Ask the ship’s medical center for an itemized bill and your records before you leave the ship, and keep receipts for care after you get home. If you bought travel insurance, file with it too. When Disney’s negligence caused your injury, your medical costs can be part of your claim against Disney.

No. The notice is a written claim, with full details, delivered to Disney’s office at the address in your cruise contract. A guest services complaint, a phone call or an insurance claim may not count. Send it in a way you can prove it arrived, and keep a copy. The lawsuit is a separate step with its own 1-year deadline.

Not on where you file. Seven cruise lines call Port Canaveral home, and Disney’s is the only contract that sends injury cases to Brevard County or Orlando. Under their U.S. contracts, the other six name courts in South Florida. Their deadlines are short too, so if you sailed with another line, check your own contract.

Yes. It says Disney isn’t liable for emotional distress unless it came from a physical injury, or an actual risk of one, caused by the negligence or fault of a crew member or the ship’s manager, agent, master, owner or operator, or was inflicted on purpose by one of them. Federal law says a clause like this can’t limit a cruise line’s liability in a case involving sexual harassment, sexual assault or rape.

Nothing. Your first conversation is free and confidential, and there’s no fee unless we recover compensation for you. Call us 24/7 at (321) 723-6591, or fill out the form on this page.