After successfully convincing a Miami Federal Court to declare a provision within Carnival Cruise Line’s Seafarers Agreement that deprives the right to bring a United States Jones Act negligence claim unenforceable, the Brais Law attorneys filed an arbitration claim against the cruise line on behalf of a Peruvian stateroom attendant. The arbitration claim alleges Carnival was negligent in causing significant injuries to the seafarer’s neck and back by requiring her to work excessive hours without providing another crewmember to assist her with heavy lifting assignments. The claim further alleges Carnival failed to tender a qualified surgeon. This resulted in the performance of a substandard surgery which necessitated an additional surgical procedure to the crewmember’s spine. The arbitration claim demands 5 Million Dollars in compensation for pain, disfigurement, lost ability to return to work aboard cruise ships and future medical expenses.
