Articles Posted in Boat Accident

Many Washington, D.C. residents try to get away from their hectic and busy lives by planning a relaxing cruise vacation. These ships can travel all around the world and are generally a great way to unwind. However, just as in real life, accidents can happen on vacation. Sometimes a tragic incident can ruin a cruise and leave a plaintiff seriously injured. When this happens, Washington D.C. residents should remember that they may be able to file a personal injury lawsuit against the cruise line to recover for the harm they suffered.

Take for example a recent federal case against Carnival cruise lines. According to the court’s written opinion, the plaintiff was on vacation with her family aboard a Carnival cruise ship. Tragically, while on one of the decks of the boat, her three-year-old daughter fell off the deck onto the deck below, suffering head injuries. Eyewitness accounts report that the toddler was climbing the railing, although reports vary as to whether the toddler fell over or fell through the railing. The plaintiff sued Carnival cruise line, alleging negligence in the creation and maintenance of the guardrail.

Generally, to be successful in a personal injury claim, the plaintiff must prove three things: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant’s breach caused the accident or injury; and (4) that the plaintiff suffered actual harm as a result. The court in this case was focused on the first requirement—establishing the duty of care—because the defendant had filed a motion for summary judgment to dismiss the case, claiming that they did not have notice of the danger or hazard and thus had no duty to fix it.

Washington, D.C. personal injury claims that are brought by an employee against an employer are rare, because the Washington, D.C. workers’ compensation program typically acts as an injured employee’s sole remedy against their employer. The good news is that workers’ compensation claims do not require an employee to show that their employer was at fault. This makes obtaining compensation easier in situations where an employer was not at fault, or even when an employee was at fault.

The problem with workers’ compensation claims is that they offer limited compensation to injury victims. Generally, a workers’ compensation claimant is only entitled to compensation for medical expenses and wages. This leaves an injured employee with no recourse for the emotional pain and suffering that frequently accompany these injuries.

Although rare, in some cases it is possible to pursue a Washington, D.C. personal injury claim against an employer. For example, if an employer caused an employee’s injury through intentional conduct, the employer may not receive protection from the workers’ compensation program. Additionally, if the injured worker is either a seaman or a railroad worker, federal law may explicitly allow for a claim to be filed against an employer.

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There is a lot to do in Washington, D.C. and the surrounding area. From historical sites to breweries and wineries to nature and boating activities, there are a number of exciting activities that await anyone willing to hop in the car and go for a quick drive. In many cases, tour companies are eager to take visitors on guided tours of these areas.

While no one wants to think about getting injured while on a guided tour, the reality is that it does happen on occasion. When someone is injured on a guided tour, the tour guide, the tour company, and potentially several other parties may be legally responsible for the injuries to the guest, depending on the surrounding circumstances.

Of course, the mere fact that someone is injured while on a tour will not necessarily give rise to liability. However, if the surrounding circumstances suggest that the guide was somehow negligent, liability may be appropriate. Additionally, if a guide is aware of a danger but fails to warn tour-goers, there may also be a case for legal liability.

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