Assaults on a Cruise Ship
When a cruise ship fails to provide adequate security, they can be held responsible for your injuries – including injuries sustained as a result of a physical assault. Injuries that result from a physical assault due to inadequate or negligent security involve two areas of law: assault and negligent security. In order to hold the cruise ship liable and to claim compensation for your injuries, you must prove that 1) you were physically assaulted and 2) the assault happened because of the cruise ship’s failure to provide adequate security.
In order to prove assault all of the following elements must be shown:
- An act intended to create: The person must act with the intent to create a state of fear or danger in the victim (thus accidental acts are not considered assaults)
- A reasonable apprehension: As a result of this intent, the victim had a reasonable belief that he or she would be harmed (i.e., the victim perceives the assault)
- Of imminent harm: The victim must experience fear in response to the imminent threat (thus future threats do not result in an assault)
- That is either harmful or offensive: The defendant’s conduct must present either a physical threat or offensive behavior to the defendant
Negligent and Inadequate Security
A negligent security claim is a form of a personal injury claim that results when, in this case, a passenger is assaulted on the cruise ship. This is because the cruise ship is responsible for the safety of its passengers. When an assault is foreseeable, the owner must take reasonable and appropriate steps to mitigate the risks. An example of doing this is to provide adequate security. When they fail to provide such security and, as a result, are unable to prevent or respond to a physical assault, the cruise ship can be held liable for the resulting injuries.
If you have experience a physical assault on a cruise ship as the result of inadequate or negligence security, it is important to consult the advice of an experienced cruise ship accident attorney. Since 1977, James Cunningham has been helping cruise ship accident victims receive justice and fair compensation for assaults caused by inadequate and negligent security. To ensure you get the compensation you deserve for your cruise ship accident injuries, contact the Law Offices of James O. Cunningham, P.A., at 877-FL-INJURY (877-354-6587) for a free initial consultation.