3 People Killed on Oceania Cruise Ship
An engine room fire broke out on the Oceania Insignia while it was docked in St. Lucia, killing three crew members on the ship. The Insignia is a 684 passenger cruise ship based in Miami. The ship was in the middle of 10 day cruise which left from Miami when the fire broke out. The remainder of the cruise was cancelled and passengers scrambled to get flights home.
The fire occurred as passengers were leaving the ship for on shore excursions. It was reported that none of the passengers were allowed back on the ship, leaving many without their passports or medications.
Oceania is a Miami, Florida based cruise line that operates 5 cruise ships – the Insignia, as well as, the Regatta, Nautica, Marina, and Riviera. Oceania’s ticket contract contains many limitations that passengers might now be aware of that limit a passenger’s right to bring a claim against the Company. For instance, if you have a cruise ship accident or injury on an Oceania cruise ship, your ticket requires that you give Oceania written notice of the claim with “full particulars” delivered to the address listed in your ticket. The ticket contract also requires that you must file your cruise ship accident or injury lawsuit within one year from the date of the accident or injury.
Another limitation contained in your Oceania cruise ship ticket is that any claim by a passenger for an injury on an Oceania cruise has to be brought in Miami, Florida. This means that no matter where your ship cruises from, or where you live, your cruise ship accident or injury lawsuit must be filed, within one year, in either Federal or State Court in Miami. The caselaw is very clear that if you fail to follow the cruise ship ticket requirements, you can lose the right to bring your lawsuit.
The 3 workers on the Oceania cruise ship may be required to bring their claims under cruise ship laws that only deal with cruise ship workers. The workers claims may fall under the Death On The High Seas Act (DOSHA), the Jones Act, or general maritime law. Which law applies depends on where the cruise accident or injury occurred, the country in which the cruise ship is flagged, and how the accident occurred. Representatives of the United States Coast Guard and the Transportation Safety Board flew to St. Lucia over the weekend to begin their investigation of how this tragic accident occurred.
For more information about pursuing a cruise ship accident or injury claim, contact the Maus Law Firm in Fort Lauderdale, Florida.