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Questions Answered by Michael A. Winkleman
4 Answers | Asked in Admiralty / Maritime and Workers' Compensation for California on
Q: Maintenance and Cure, Jones Act applicability. Need Help

I was injured as a boat captain of a thrill ride commercial passenger carrying operation out of Miami. I slipped on clear steering fluid in the hull and smashed my head inside the hull of the speed boat. I sucked it up and continuing work. Next day first thing in morning, I was onboard with... View More

Michael A. Winkleman
Michael A. Winkleman
answered on May 24, 2023

Were you working for Thriller Powerboats at the time? I've had several cases against them over the years. Any case against them would need to be brought in Miami, Florida. You are entitled to compensation for your injuries. Whether or not the Jones Act applies will depend on certain... View More

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3 Answers | Asked in Admiralty / Maritime and Libel & Slander for Missouri on
Q: We were told we have a strong case against a cruise line. Not sure how to proceed.
Michael A. Winkleman
Michael A. Winkleman
answered on Jul 10, 2022

The best thing you can do is contact an experienced maritime lawyer. Depending on the cruise line, you are required to file any case in a specific location. The vast majority of cruise lines cases must be filed in Miami, Florida (Carnival, Royal, NCL). Princess cases have to be filed in... View More

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2 Answers | Asked in Admiralty / Maritime for New Jersey on
Q: Cruise ship injury from wind tunnel effect in stateroom.

balcony door and stateroom door was opened and the wind tunnel effect opened the closet door violently onto my head, face and eye. There was a sign on the door that indicated not to open both doors at the same time but nothing about the closet door opening and injuring someone. Closet door was very... View More

Michael A. Winkleman
Michael A. Winkleman
answered on Oct 14, 2019

We’ve handled dozens of injury cases on cruise ships involving the wind tunnel effect just like yours. As such the cruise line is on notice of the danger. Feel free to email me at mw@lipcon.com and we can likely help.

Note that any case has to be filed in miami within one year of the...
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2 Answers | Asked in Admiralty / Maritime for New York on
Q: My wife slipped on a wet deck recently on a cruise down to Mexico - how long would we have to file a lawsuit?
Michael A. Winkleman
Michael A. Winkleman
answered on Oct 31, 2018

I hope your wife is doing OK.

The answer to your question will depend on the fine print of your cruise ticket contract but with most major cruise lines: Carnival, Royal Caribbean, NCL, there is a 6 month notice requirement (which means you must give written notice within 6 months of the...
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2 Answers | Asked in Admiralty / Maritime for Texas on
Q: What is the statute of limitations under the Jones Act for injuries at sea?
Michael A. Winkleman
Michael A. Winkleman
answered on Sep 7, 2018

3 years from the date of the incident

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1 Answer | Asked in Admiralty / Maritime for Texas on
Q: If I was injured while at sea but the boat owner isn't a US citizen, can I still sue in US court?
Michael A. Winkleman
Michael A. Winkleman
answered on Jul 5, 2018

It depends. It doesn't really matter whether the shipowner is a US citizen, what matters is how much contact the boat has with the US or any particular state, in order to determine whether there is jurisdiction.

Are you a passenger or a crewmember?

2 Answers | Asked in Admiralty / Maritime for Texas on
Q: Is the Death On The High Seas Act a claim a family member can file in addition to a wrongful death claim, or instead of

one?

Michael A. Winkleman
Michael A. Winkleman
answered on May 18, 2018

They are practically the same thing. If a death occurs on the high seas you must file a lawsuit under the death on the high seas act. There are very few exceptions to this.

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