On behalf of Jeff Antin of Antin, Ehrlich & Epstein, LLP, Attorneys at Law posted in Premises Liability on Thursday, October 31, 2013.
A recent debate has come out regarding parents’ responsibility to protect their children versus a company’s accountability for ensuring that customers are safe. This issue comes at the heels of a tragic accident where a young boy drowned in a Carnival Cruise Lines’ swimming pool.
According to reports, a lifeguard was not on duty when the child lost his life. In fact, a maritime attorney indicated to sources that cruise lines have no requirements to provide lifeguards.
Therefore, this leaves the parents and others in the at-sea community in charge of making sure no poolside problems arise. On the other hand, the cruise line does have an obligation to ensure that those who are staying on the cruise ship are cared for.
In the case of the young boy who was only 6 when he lost his life, he was swimming with his older brother and family present when the accident occurred. Despite the best efforts of those present to revive the boy, he died.
Although on the surface it may appear to some to be a simple premises liability issue, cruise ships are held to different standards when compared to other land-based companies. If the family chooses to move forward with litigation, they may have a shot at a wrongful death lawsuit.
Regardless, this matter still highlights the importance of putting lifeguards in place at pools, as well as the hazardous conditions that swimming pools present. A responsible company in New York or nationwide will hopefully look to this issue as a gateway to making changes that protect consumers now and in the future.
Source: CBS News, “Carnival Cruise Lines says 6-year-old boy drowned in pool at sea,” Oct. 14, 2013