March 3, 2016
Legal action is being initiated by a number of passengers who
were aboard the Royal Caribbean Cruise Anthem of the Seas
when it encountered a storm in the Atlantic off Cape Hatteras
after departing from New Jersey enroute to Florida. In the
aftermath of the severe weather and sea conditions, which
included 30 foot waves and winds in excess of 100 mph,
passengers sought legal representation from maritime law firms
to present injury claims against RCCL. The claims are grounded
in theories of negligence, in that the cruise line knew of the
severe weather conditions, or at least should have known.
Negligence is the most commonly raised legal theory in cruise
ship accidents. Maritime law follows general tort law in terms of
the elements that constitute a cause of action for negligence.
These are that a (1.) duty exists, (2.) there is a breach of that
duty, (3.) damages ensue, and (4.) the breach of duty is the
proximate cause of the damages.
Other than cruise ship incidents that involve intentional acts,
such as physical assault or sexual assault, negligence is the
common legal theory applied by cruise ship accident attorneys in
shipboard slip and fall cases, accidental door closings, being
struck by sliding or flying objects during violent sea conditions,
food poisoning (e.g., norovirus), and medical malpractice cases
involving the care of physicians, nurses and other health care
personnel aboard cruise ships.
The Royal Caribbean Cruise Line Anthem of the Seas is a
Quantum class vessel and is among the largest cruise ships in
world, displacing about 168,000 tons and measuring about 1,142
feet in length.
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