Four Injured, One Dead By Tidal Wave On Viking Cruise Ship
Four passengers were injured and another was left dead after a “rogue tidal wave” struck the Viking Polaris off the coast of Antarctica. Viking released details to the family but little is known other than the tidal wave struck the ship and killed the passenger. The passenger was a U.S. citizen.
Four others sustained injuries that were not considered life-threatening. The ship managed to return to its destination without further incident and only sustained minor damage from the tidal wave.
One woman described that a crash against her window caused the frame to cave in and break. Several rooms were washed out, but others managed to hold on. A second departure for the ship has been canceled as of the accident as the ship awaits repairs.
Did the cruise company contribute negligence?
Every time someone dies aboard a cruise ship there is at least a question as to whether or not the family will sue. While sometimes, a lawsuit may be prevented because the deceased has no surviving relatives, other times, the lawsuit may be dismissed on the grounds that the plaintiff has failed to state an actionable negligence claim.
To prove a negligence claim, the plaintiff must establish that the defendant had a duty of care that they did not fulfill and someone was injured as a result of that. In this case, the ship was struck by a rogue wave and someone died. While the cruise line will do what it can to make the family feel comfortable, they are unlikely to accept responsibility for this accident, and will likely fight any claim of negligence in court.
The plaintiffs must do more than just prove that a man was killed aboard the cruise, they must establish that the cruise line could have done something differently that would have prevented his death. In the case of a “rogue wave” that is unclear. However, captains generally tell passengers to brace for impact and alert them to threats. If the captain failed to alert the passengers when he had the chance, then the liability would fall on the cruise line. At this point, however, we don’t have enough information to prove that claim.
At this point, a personal injury lawyer could begin asking questions. If a lawsuit is filed, it could force the discovery of information that would lead to a finding of negligence against the cruise ship. The court will oversee the discovery process and the defendants will file motions to dismiss the case at every opportunity. The case must survive all dismissal hearings. If it does, then it could go before a jury or head for a settlement.
Talk to a Miami Cruise Ship Injury Lawyer Today
Miami admiralty & maritime attorney Michael F. Guilford files lawsuits against cruise ships and the maritime industry when they cause injury to crew or passengers. Call today to schedule a free consultation and learn more about how we can help.