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Offshore Accident Lawyers in Kona – Olson & Sons
Most large cruise ships are floating cities as opposed to oceangoing vessels. Therefore, when passengers or crew sustain onboard personal injuries, the legal principles are roughly the same, whether the incident occurred by land or by sea. However, as might be expected, the rules are slightly different.
The experienced Kona offshore accident lawyers at Olson & Sons fully understand both the similarities and the differences. So, our professional team is fully prepared to evaluate your claim, collect evidence on your behalf, and tenaciously fight for the compensation you deserve.
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When passengers board cruise ships, many of them expect the trip of a lifetime. But instead, they are seriously injured. Falls are very common on the pitching decks and narrow passageways in most cruise ships. Assaults are common as well, as are swimming pools and other such accidents.
The cruise ship owner is generally responsible for damages in these cases if:
- The owner knew or should have known about the hazardous condition which caused the injury, and
- The passenger’s injury was a foreseeable result of the hazard.
Assaults are a good example. Frequently, a lack of security causes such injuries. If the owner knew security was inadequate, an assault is usually a foreseeable consequence.
Injured crew members may obtain compensation under the Jones Act. The elements are similar, but the burden of proof is lower. Injured workers must only establish proximate cause. That’s basically any direct or indirect connection between the hazard and the injury.
Kona Offshore Accident Lawyers and the Measure of Damages
The burden of proof depends on the victim’s status as a passenger or employee. Similarly, the amount of damages often depends on the ship’s location.
If the ship was more than three miles offshore at the time of injury, the Death on High Seas Act, a federal law, applies. DOHSA limits recovery to pecuniary losses, such as medical bills, lost wages, and other economic damages. If the ship was closer to shore, injured victims may file suit in the closest state’s court. That state’s law governs damages.
In Hawaii, accident victims are generally entitled to compensation for noneconomic losses, such as pain and suffering, in addition to the aforementioned pecuniary losses.
Visit Kona Offshore Accident Lawyers for Legal Help
Shipboard accidents often cause serious injuries. If you’ve been injured in one, work with a lawyer with specialized maritime knowledge and experience helping people like you get compensation. Only a Kona offshore accident lawyer will know what to do to get the money you need and deserve. For a confidential consultation with an experienced Kona offshore accident lawyer, contact Olson & Sons, L.C. at 808-331-3113. Home and hospital visits are available.