Are Lawyers Taking Costa Cruise Survivors Into Dangerous Legal Waters?

As rescue and recovery attempts continue to try and locate the bodies of passengers missing from the Costa Concordia disaster, law firms in the United States are moving forward to file class action lawsuits against Costa Cruises and its parent company, Carnival Corporation, in Miami, Florida.

One of the firms advertising for such cases and taking a high profile position is the New York firm of Proner & Proner.  On its page "Costa Concordia Passengers: We Are Here for You," the Proner firm states that it intends to seek "at least $160,000 on behalf of each of the passengers aboard Costa Concordia Class Action Lawsuit - Miaimithe ship at the time of the wreck. Those who were injured, as well as those with wrongful death claims, may be able to collect multiple times that amount." 

In a telephone interview with a local reporter in Miami, the Proner firm said it intends to represent passengers of "all nations" from "Peru to Shanghai."  It will be seeking to recover "millions" on behalf of the dead or missing passengers.  During the interview, the New York lawyer said a lawyer was flying to Miami to file the class action lawsuit and would include Carnival as a defendant.

Whoa Nellie!  Lets slow down and collect our thoughts for a second. 

Cases against cruise lines are governed by a specialized area of maritime law which is different than land based law.

The courts have applied maritime law to uphold certain contractual limitations set forth in the passenger ticket issued by the cruise lines.  These terms and conditions of the cruise passenger ticket are quite draconian in nature.  Take a minute and read one of our articles about this issue: Top 10 Shocking Clauses In Your Cruise Contract.

One of the most important contractual terms includes what is called a "forum selection clause."  This clause specifies where the lawsuit must be filed.  The cruise lines identify a location that it convenient for them and inconvenient for the passenger.  The location is usually where the cruise line is located, which gives the cruise line a home court advantage so to speak.  It is inconvenient, time consuming, and expensive for passengers injured during a cruise to travel to the location chosen by the cruise line to file suit.

The cruise lines have been successful in enforcing these type of clauses.  In the case of Shute v. Carnival, the United States Supreme Court required a passenger who lived in Oregon, and injured during a cruise from California to Mexico, to file suit here in Miami.  No the passenger terms and conditions are not fair, but they are routinely enforced.  

For the Concordia disaster, the Costa passenger ticket contains a clause specifying Genoa, Italy as the location for the lawsuit.  Most tickests issued by cruise lines based in Miami like Carnival and Royal Caribbean select Miami as the place where the lawsuit must be filed.  But Costa's ticket is different.  For Costa cruises which call on an U.S. port, the lawsuit has to be filed in Broward County in South Florida.  If the cruise itinerary does not include a U.S. port, the lawsuit must be filed in Italy.

Last year, we wrote about a similar situation.  In Seung v. Regent Seven Seas Cruises, a passenger was injured while cruising on the Paul Gauguin cruise ship, operated by Regent Seven Seas Cruises, in the Pacific Ocean.  After Ms. Seung filed suit in South Florida where the cruise line is based, the defense lawyers moved to dismiss the case arguing that the forum selection claim required the lawsuit to be brought in France.  The federal court here dismissed her case.  The 11th Circuit Court of Appeal affirmed the dismissal and held that the passenger, from California, had to travel to Paris to pursue her remedies.  Our article is entitled Cruise Forum Selection Clauses: Do You Speak French?

As soon as lawsuits are filed against Costa in this jurisdiction, the cruise line will move to dismiss the cases and will cite the Shute and Seung cases discussed above. 

The cruise line defense lawyers will argue that the lawsuits cannot be filed here.  The Costa company is incorporated in Italy and based in Genoa.  The cruise ship is flagged in Italy.  The disaster occurred in Italian waters.  The Italian Coast Guard responded.  The Italian authorities are investigating the cause of the crash and the casualties. The criminal proceedings are taking place in Italy.  The lawyers for the passengers will be hard pressed to explain why the cases should not be filed in Italy. 

The Costa cruise ticket has another curious twist.  It specifies that Italian law should apply.  For death cases, Italian law may actually provide for a more equitable remedy that the U.S. General Maritime Law and statutory law - particularly where the deceased passengers are retired. 

In the U.S., wrongful deaths on the "high seas" (non U.S, territorial waters, including territorial waters of other countries) are governed by a federal statute called the Death On The High Seas Act ("DOHSA").  There is no recovery under DOSHA for pre-death pain and suffering or emotional losses of the surviving family members such as grief and bereavement.  The only recovery is for financial losses such as lost wages of the decedent.   If the decedents are retired or children, then there are no recoverable damages except for burial and funeral expenses assuming the bodies are located. 

So if the wrongful death cases are filed in the U.S., and the court applies U.S. law, there may be no recovery in certain death cases.  Yet if the cases were filed in Italy, there could be recovery under Italian law.  A passenger could conceivably file suit in a more convenient forum in the U.S. yet receive no recovery; whereas if the passenger filed suit in a less convenient location in Italy there may be greater recovery in some cases.

Then there is the matter of Carnival.  Yes it is the parent company of Costa.  And yes, as the Proner lawyers mention to the news reporter, it collects over 14 and 1/2 billion dollars a year.  But  that does not automatically give anyone a basis to sue it in Miami every time one of its subsidiary company's cruise ships around the world suffer a casualty.  

There are often severe consequences of filing suit in the wrong location or against the wrong party, including the assessment of costs and in some circumstances attorney fees. 

We hope that the lawyers who are working faster than the recovery teams in Italy to file suit here in Miami know what they are doing and are not navigating their clients into dangerous legal waters. 

Royal Caribbean President's Email Blast Insults Crime Victims

Yesterday one of my clients, who I will call Jane Doe, contacted me after receiving an unsolicited email from the President of Royal Caribbean Cruises, Adam Goldstein.

The e-mail addressed her by her first name.  It seemed to be personalized to her.  It recognized her as a past customer and contained statements like:

"At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history Royal Caribbean Cruises  - Adam Goldstein illustrates our commitment to the safety of the millions of guests and crew that sail on our ships."  

President Goldstein's email outraged Jane Doe.   You see, she had just returned home with her young daughter who had been raped on President Goldstein's cruise ship, the Allure of the Seas.  

Goldstein's unsolicited email to a rape victim's mom had nothing to do with the humiliating shipboard rape suffered by Jane Doe's daughter, one of many rapes of children on the Royal Caribbean fleet over the years.  Instead, it was part of this cruise line's media campaign to try and distance itself from the negative fall out following the deadly Costa Concordia disaster.

Royal Caribbean is the only cruise line making such public statements following the Concordia crash.  You can watch Royal Caribbean's slick video touting the safety of cruising here.  President Goldstein's blog is here.  "Safety is in our DNA."  "Cruising is the safest form of transportation."  "The safety and security of our guests is our highest priority."  Royal Caribbean covered all of the cruise industry's talking points in its video, the president's blog and its e-mail blast below.    

Of course, in truth, Goldstein's email was not a personalized message to Jane Doe.  He does not know her from the man in the moon, even though her daughter was raped on the cruise line's showpiece megaship and the biggest cruise ship in the world. 

Royal Caribbean spammed Goldstein's email to every single family who had sailed with them.  This was an intentional and reckless stunt, considering that hundreds of women and children have reportedly been sexually assaulted during Royal Caribbean cruises over the years.  Certainly, the cruise line knew that its former customers who are victims of crime, and whose names remain in its customer database, would feel salt being poured into their wounds upon reading Goldstein's email in their personal email accounts.      

Insensitive & thoughtless, if not outrageous?   Definitely.  But Goldstein is not thinking of his customer's feelings.  He is motivated by his cruise line's bottom line.  He wants to reassure his customers that it is safe to return to cruising, whether that is true or not. 

This is hardly the first time this has happened.

In 2006, one of my clients, Laurie Dishman (photo right), was brutally raped by a part time Royal Caribbean security guard with a Royal Caribbean Crime Victim Laurie Dishman prior record of sexually harassing passengers.   She retained us to represent her.  I sent a handful of letters to President Goldstein, asking for our client's medical records, her statement, and the name and address of the Royal Caribbean employee who raped Laurie.  We received nothing in response.  Goldstein ignored us.

The only things Laurie initially received from Royal Caribbean were unsolicited emails inviting Laurie to return for another "cruise of a lifetime" on a Royal Caribbean ship.  The emails continued for over a year.  Each email popping into her computer's email in-box took Laurie back to the scene of the crime and reactivated a sense of panic and stress.  It was only after a half dozen letters of protest from us, and a Congressional investigation into the crime initiated by Laurie's Congresswoman in 2007, that the cruise line scrubbed her from its marketing database.

We pleaded for Royal Caribbean to implement a system to remove a passenger's information from the company's marketing database whenever a passenger was raped, killed or lost a loved one overboard during a cruise.  Believe me, cruise vacationers don't want promotional brochures in their mail boxes after a family member has been raped or lost at sea.    

It looks like Royal Caribbean ignored that request too. 

President Goldstein's blog talks in grandiose terms about the Costa Concordia crash being a "defining moment" for the cruise industry.  He promises a renewed commitment to passenger safety.  Let's hope that's true. 

But when a cruise line president sends an e-mail blast to the mother of a child raped during a cruise, you wonder whether cruise line executives like Goldstein really get it.   

 

Photo credits:

Adam Goldstein - Royal Caribbean Flickr page

Laurie Dishman - Sacramento Bee

 

ROYAL CARIBBEAN EMAILS ADAM GOLDSTEIN'S LETTER TO MILLIONS OF CRUISE CUSTOMERS:

Dear XXX, 

All of us at Royal Caribbean International continue to extend our heartfelt sympathies to those affected by Carnival Corporation's recent tragic incident on the Costa Concordia. As a Crown & Anchor Society member and loyal Royal Caribbean guest, we know you may have some questions as the situation continues to unfold.

At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history illustrates our commitment to the safety of the millions of guests and crew that sail on our ships. The measures we take in the interest of safety are many, often exceeding the regulatory requirements – these are all part of our ongoing commitment to innovation and continuous improvement in every aspect of our business.

To address some of your questions and concerns, here is a video that will provide an overview of safety onboard our ships; the training of our crew, officers and captains; and the many regulations that govern our practices. Click here to watch.

As a past cruiser, we know your friends and family may be asking about your own time at sea. We hope that you'll share this video along with your personal Royal Caribbean experiences with them, and reinforce that cruising continues to maintain the best safety record of any industry in travel.

Thank you for your continued support and we look forward to welcoming you aboard again soon on one of our ships sailing to 270 destinations worldwide.

Sincerely,

Adam Goldstein
President and CEO
Royal Caribbean International

Cruise Law News Discusses Costa Concordia Disaster on LexBlog

The following is from LexBlog TV which hosts our firm's blog Cruise Law News:

By far and away, the most encapsulating part of the news surrounding the Costa Concord shipwreck in Italy has to be the remarkable and unbelievable imagery. But while the images of the ship lying on its side, half above the water, are difficult to comprehend, things get even more unbelievable as you find out more and more about exactly how this type of thing could happen.

To explain what we know about how this happened—starting with Captain Francesco Schettino’s bizarre actions—and the culpability he and the cruse line may face, we bring in Jim Walker of Walker & O’Neil and the excellent Cruise Law News.

 

Unbelievable . . .

Click on "CC" on player for English subtitles: 

Costa Cruise Disaster: Spotlight Shifts to Carnival - Where's Micky?

Costa Captain Fransesco Schettino - Public Lynching It was only a matter of time before the public would realize that the crash of the Costa Concordia involved far more than just the actions of a reckless cruise ship captain.  Costa's quick smack down of Captain Schettino (photo left) was not an impulsive outburst by the Costa CEO Pier Luigi Foschi.  It was undoubtedly a decision carefully thought out with the involvement of the Carnival decision makers in Miami.  

If Schettino had to be lynched by public outrage to save the cruise corporations, so be it.

However, It seems that the much talked about "fly-by" of Giglio may not, after all, have been showboating of an unpredictable captain but initiated and approved by the cruise line itself back in Genoa.  And if Costa knew about and ratified the dangerous maneuvers which took over 4,000 lives perilously close to the rocks, then what does this say about the safe operations of the entire Carnival fleet with its fleet of over 100 ships carrying hundreds of thousands of passengers every day?

The spotlight has now moved from Captain Schettino to Costa in Genoa and now to Carnival Corporation here in Miami.  But where is Carnival's CEO Micky Arison?

Arison is trying to remain anonymous.  But that's hard to do.  After all, he is the smiling face of the Costa CEO Pier Luigi Foschi Carnival "fun ship" fleet.  He is the big name owner of a high profile NBA basketball team of superstars, seen at court side rubbing elbows with celebrities at the Miami Heat games.  But he obviously does not want to be identified with this mess.  Arison does not want his mugshot to be posted alongside the likes of bad guy Schettino or rat fink Costa CEO Foschi (photo right). 

Two days ago I wrote that Arison and other Carnival cruise executives are ruining their reputations by not flying to Italy and speaking to the surviving passengers  and crewmembers     

Now the international press is calling Arison out.

Cruise writer John Honeywell of the U.K.'s Mirror wrote a strongly worded article today demanding answers from Arison:  Concordia: Arison Must Act Now.

The London Independent followed suit by the article Concordia's Invisible US Owner Branded "A Disgrace."

Independent quoted Italy's La Repubblica newspaper asking: "Who is this mysterious boss and how has he managed to remain like a ghost since the tragedy?" 

Carnival CEO Micky ArisonBusiness Insider was to the point with Carnival Is Failing Spectacularly In The Handling Of Its Costa Concordia Crisis.

Where is Micky Arison?" asks The Wall Street Journal in an article Carnival CEO Lies Low After Wreck.

The Miami Herald, which will usually shy away from any critical issues which may embarrass the cruise lines which advertise with the newspaper, published the article Carnival Cruise Lines Faces a Hostile PR Tide

The Herald quoted two PR experts saying:

“Micky Arison should come out, and take ownership, and get in front of the story.

"I would have had him go to the scene.  Micky is a likable guy and pretty well known.  This is one of those cases where I think the presence of the CEO would have been helpful.”

These PR experts are right.  Arison is well liked by cruise fans and travel agents.  He is loved by the local NBA fans, particularly after he brought Shaq to Miami from LA and won the NBA basketball championship. 

Carnival CEO Micky Arison - Costa CEO Pier Luigi Foschi When the Heat won the NBA, Arison was photographed everywhere and with everyone, holding his prized trophy.  He even took his trophy on a world wide tour, including taking it on Costa cruise ships.  A photo (right) of Arison and Foschi, in happier days, show them with the NBA trophy aboard the Costa Allegra cruise ship.

But now with around 30 dead or missing from the Concordia wreck, Arison is nowhere to be seen.  Arison has never stepped up to the plate to address unpleasant issues, like sexual assaults on his fleet of cruise ships, Carnival's avoidance of taxes, or exploitation of foreign crewmembers.  

I don't see Arison appearing anytime soon before a microphone to discuss the deaths of his cruise guests either. 

 

Photo credits:

Captain Schettino:  Karl Ritter

Costa CEO Foschi:  Tano Pecoraro / AP

Carnival Ceo Arison:  Reuters

Arison & Foshi with trophy:  NBA.com 

"The Situation Is Under Control, Go Back To Your Cabin" and Other Lies From The Costa Concordia Disaster

When I first learned of the unfolding Costa Concordia cruise disaster ten days ago, I remember reading a statement attributed to the cruise line stating that the evacuation was proceeding "orderly" and the passengers were "not at risk."  

Initially there were no reports of deaths or injuries, but I knew that something was terribly wrong.  Elderly passengers are always at risk while transferring from a cruise ship to a lifeboat, even to a tender to shore on a perfectly calm day.  How possibly could there be no risk to passengers during during an emergency evacuation at night under these dire circumstances?

We now know that this was just one of many lies to be told by Costa and its captain.

What other statements will long be remembered from the Costa disaster?

"I slipped and fell into the lifeboat" by Captain Fransesco Schettino.

This is perhaps the biggest whopper I have ever heard in my life.   It takes great acting skills to deliver such a ridiculous explanation for abandoning a ship you just sank.  Being a liar does not erase being a coward.   If Schettino really slipped and fell, I offered on Twitter to represent him in a lawsuit against Costa (a bad joke on Twitter I suppose in a time of great sorrow).  But If I were his lawyer, I would file for a trademark on the "slipped-and-fell-onto-the-life-boat" phrase for its sheer comedic genius.               

What other cruise lies will long be remembered?

"The Situation Is Under Control, Go Back To Your Cabin" says a Costa supervisor to panicked passenger who assembled on deck with their life vests ready to be evacuated.  How many of the passengers were deceived by this false information?  The most compliant personalities were probably the first to follow these instructions, whereas the cynics didn't.  Did the deferential passengers die in the bowels of the ship? 

In an every-man-for-himself situation do the gentle souls die first?

Costa Concordia Cruise Ship - "Everything is Under Control"

 

Photo credit:  Reuters

Caption credit:  Costa Cruise Line 

Cruise Crisis Management FAIL - How Carnival is Ruining its Reputation Following the Costa Concordia Disaster

A cruise line's reputation in a time of crisis is often formed not by the circumstances which caused the crisis but by the company's attitude, appearance, and action afterwords.

I call this the "three A's" of cruise line crisis management: attitude, appearance & action. 

When disaster strikes and passengers are injured or killed during a vacation cruise, the U.S. public has a remarkable capacity to forgive the individuals and companies involved.  Part of this tendency to forgive, rather than judge, is tied to the Judeo-Christian heritage of our country - where Costa Concordia Cruise Ship - Cruise Crisis Management we sacrifice resentment and seek redemption in the process.

In practical terms, Americans understand that accidents are inevitable.  "Sh*t happens," the saying goes.  Bad things happen to good people.  An individual or company should be forgiven if they demonstrate a humble and respectful attitude; they appear on the scene to take stock of the problems they caused; and they take prompt action to help others injured by their conduct.        

So how have the principal actors in this drama performed so far?

Captain Francesco Schettino failed  miserably.  His attitude has been defiant.  His appearance?  None.  He abandoned ship in dereliction of the traditional maritime duty to stay with the vessel dating back to the Medieval Sea codes.  He fled the scene of a crime.  His actions?  Self preservation. Disregarding orders by the Italian Coast Guard to return to the cruise ship and assist Captain Francesco Schettino - Costa Concordia Cruise Shipin the evacuation.  Lying.  I slipped-and-fell-into-a-life-boat defies reason and belief. 

Costa's chief executive, Pier Luigi Foschi, and parent company Carnival's CEO, Micky Arison, are close behind the disgraced captain in trying to ruin their reputations.

Arison admittedly expressed his condolences from the comfort of his 200 foot luxury yacht in the Miami area.  But carefully crafted corporate PR statements go only so far.  He failed to appear at the scene.  How hard is it to hop in a Gulfstream jet and fly to Rome and then head over to the island of Giglio? 

In Miami, we hear snickering that as the Costa Concordia sits on its side with dead passengers still trapped inside, some of the the Carnival executives have been seen gallivanting around town at black-tie gala parties and even Miami Heat professional basketball games.  (CEO Arison owns the Miami Heat.)  But it was only this weekend, one week after the crisis started, that Arison sent senior executive Howard Frank to Italy.  Even then, Howard appears to be in Genoa where Costa's headquarters are located.  He apparently has no intention of making an appearance at the scene of death and destruction.

Although the physical presence of corporate executives at the scene of a mass disaster may be President Bush - Ground Zero - The Right Imagelargely symbolic, such visual images are important to demonstrate the corporation's attitude of concern and compassion.

President George Bush was perceived as demonstrating the right attitude when he appeared at the remains of the Twin Towers following 9/11.  He was photographed (left) standing on a pile of smoking rubble, with his arm around a fire chief, encouraging other fire fighters through a bullhorn.   But when Hurricane Katrina struck New Orleans and images of panicked residents waving to helicopters on the roof of flooded house were broadcast on the cable news stations, the president was no where to be seen.  Photographs of President Bush (below right), later published of him looking from a window on Airforce One 35,000 feet over the disaster below, made him appear aloof and disconnected and did his reputation more harm than good.     

Carnival has managed prior cruise disasters effectively in the past.  When an engine room fire disabled the Splendor cruise ship in 2010, Carnival sent a team of executives from Miami to San President Bush - The Wrong ImageDiego where they conducted a highly publicized press conference at the port.  Carnival offered reimbursement of all cruise fares, waived all onboard purchases and promised a free cruise in the future.

Carnival followed the "three A's" of crisis management perfectly.  Its attitude was humble.  It appeared on the scene.  And it took immediate action to solve the problem.

I was so impressed that I wrote an article praising Carnival and providing my opinion why it should not be sued for the accident. 

But Carnival does not seem to know how to act following the Concordia disaster. 

We hear Carnival's CEO Arison finally saying the rights things. Five days after the crisis unfolded later, he finally tweeted "I gave my personal assurance that we will take care of each & every one of our guests, crew and their families"  He included a link to a press release issued by Carnival promising to take care of everyone.  But this weekend, there are news reports that the cruise survivors were stunned and insulted when Costa CEO Foschi offered a 30% discount on future cruises as part of proposed compensation to stave off lawsuits. 

A 30% discount?  Talk about pouring salt into the wound.  The cruise industry collects over $35,000,000,000 (billion) a year mostly from tax paying Americans yet it pays no U.S. federal taxes because it registers it vessels overseas and incorporated itself in Panama to avoid U.S. tax, wage and labor laws, and health and safety laws.  Arison himself is the richest person in Florida with a net worth of over $4,000,000,000.  

Carnival will not hesitate to make a claim against its underwriters for payment of $500,000,000 for its wrecked cruise ship as well as seeking hundreds of millions of dollars for the lost revenue caused by not being able to collect money from passengers sailing on the cruise ship in the future.  It Micky Arison - Carnival CEO - Compassionate CEO or Greedy Pig?is now rightfully facing public ridicule by offering a discount worth a few hundred dollars to avoid litigation.  I hate to think what the families of the dead loved ones think about taking a discounted Costa cruise in the future.

Carnival and CEO Arison have a mixed reputation in Miami over the years.  Lots of travel agents love Arison.  But Arison has faced more than his fair share of critics for Carnival's avoidance of taxes, exploitation of foreign crewmembers and indifference to the problem of women and children being sexually assaulted on Carnival's cruise ships.  Consider these articles: "Is Mickey A Greedy Corporate Pig?" or "The Deep Blue Greed - The Arison Clan Built Carnival into a Money Machine by Cleverly Avoiding Tax Laws" or Carnival? Try Criminal.   

Carnival has enormous financial resources and insurance proceeds to respond to the disaster and compensate the families who are suffering because of its reckless captain.  It can take care of the mess and salvage its reputation.  But does it have the corporate ethics to do so?  We know that CEO Arison loves the limelight when his businesses are successful. But if Arison and Carnival's executives don't care enough to appear in Giglio to speak with the survivors directly and assess the situation personally, they risk earning reputations no better than that of their arrogant and cowardly Captain Schettino. 

 

Photo credits:

Top:  News Pictures / Rex Features

Bottom:  ESPN

Did a Cunard Child Predator Molest Children Aboard the QM2 & Queen Elizabeth Cruise Ships?

The Mail Online in the U.K. reports tonight that a crewmember who worked aboard two of the world’s most luxurious cruise ships is being investigated by police on suspicions that he sexually assaulted children during the cruises. 

The newspaper reports that the Cunard crew member who allegedly carried out his indecent conduct worked for Cunard for over five years on Cunard’s flagship, the Queen Mary 2, and its sister cruise ship, the Queen Elizabeth.

Queen Mary 2 - Cunard Child Predator?  Detectives in England started the investigation after a parent of one of the abused children tipped the police.   So far, the detectives have interviewed several families in England.   The crewmember suspected of the crimes lives in Wiltshire, in England.

These Cunard cruise ships carried passengers of course from many other countries, including the U.S.

According to this account, the crewmember left Cunard's employment before the police probe began six months ago but has been interviewed by detectives in Wiltshire.  The detectives have apparently examined photographic and computer equipment at the man’s home.

The UK newspaper indicates that Cunard refuses to identify the job position of the the former crew member, "but he is known to have been a low-ranking employee who had regular, close contact with passengers on board."   Based on this description, its sounds like the alleged child predator probably worked as a cabin attendant or a youth counselor.

Sexual molestation of children on cruises is an ugly topic we have written about many times before.  You can read more cases than you want to know about little kids being sexually abused on cruises here.

These two Cunard cruise ships are part of the larger Carnival fleet of cruise ships.  Carnival owns Cunard.  This is the last thing that Carnival wants to be in the press at this time, as it is reeling from the bad publicity after another one of the cruise brand it owns, Costa Cruises, ran a $500,000,000 cruise ship into the rocks and killed around 30 of its guests.

A reckless captain who abandons ship while passengers are drowning in the submerged cabins of the Costa Concordia?  A child predator who worked aboard the Cunard QM2 and Queen Elizabeth for 5 years? 

What's the next shoe to drop in the Carnival fleet? 

ABC's 20/20 Covers Costa Concordia Disaster (Part 2) Plus Out of Control Cruise Ship Drinking & Violence

ABC Film Crew at Port of Miami - ABC 20/20 - Cruise Ship Drinking and ViolenceLast night ABC News aired a cruise ship special on its 20/20 program about the Costa Concordia disaster.  Narrated by Chris Cuomo from Italy, the one hour program contains an inside look at this latest cruise ship disaster based on interviews with surviving passengers.

You can watch the first segment of the show, which focuses on details of the cruise disaster, here

The 20/20 program also took a hard look at the problem with excessive drinking during cruises.  I learned a new phrase last night, of being "cruise-ship drunk."  You will see lots of videos of passengers being "knee-walking" or "fall-down" drunk.  Not a pretty sight.

The show correctly points out that there is a direct correlation between excessive drinking and violence, which is compounded by the tendency of the cruise lines to push the sale of booze, the insufficient number of security guards, and the absence of an independent police force.  We looked into these problems over the last few years in our articles:

Cruise Ship Brawls - A Problem that Will Get Bigger with Bigger Ships

More Cruise Ship Violence - A Drunken Brawl On Carnival's Dream

Cruise Refunds and a Drunken Backstreet Boy?

Latest Royal Caribbean Rape Allegation Reveals Problem of Underage Drinking on Cruises

Carnival Murder Case Reveals Out of Control Cruise Booze

The 20/20 program includes a few clips of me at the port of Miami explaining the problems of cruise ship drinking and violence.

The segment below is about 5 and 1/2 minutes:  

 

 

Watch the entire 20/20 "cruise confidential" program here.

Video credit:  ABC NEWS / ABC 20/20

ABC's 20/20 Covers Costa Concordia Disaster (Part 1)

Last night a cruise ship special aired on ABC's 20/20 about the Costa Concordia disaster.

Narrated by Chris Cuomo from Italy, the one hour program contains interviews with surviving passengers.  The 52 year old captain, Francesco Schettino, is seen dining with a 25 year old blond former crew member as the disaster unfolds.  ABC shows a computer simulation of the crash.  The passenger interviews include accounts of the chaos and confusion, the delayed Mayday signal, the false information to the passengers, the captain's cowardly abandonment of ship, and his subsequent refusal to comply with Italian Coast Guard orders to return to the stricken vessel.  Italian authorities arrested Captain Schettino who has been labelled the "chicken of the seas."

There are also 2 or 3 clips of me answering questions at the port of Miami, explaining how the disaster unfolded.

The segment below is about 8 and 1/2 minutes:

 

 

Watch the entire 20/20 "cruise confidential" program here.

Video credit:  ABC NEWS / ABC 20/20

Costa Concordia Cruise Disaster Reveals Cruise Industry Has No Credible Voice

Late last Friday, I received a tweet from one of my 9,000 friends on Twitter informing me that a cruise ship had run aground off the coast of Italy.  Not much was known about what happened.  No one in the media was initially reporting on the incident. 

I stayed up all Friday night and Saturday morning watching the increasingly frantic twitter feed about the emerging circumstances surrounding the grounding of the Costa Concordia cruise ship.  Twitter friends like London cruise blogger John Honeywell a/k/a @CaptGreybeard began Costa Concordia Cruise Disastertweeting the first photographs of the beached cruise ship.  Other friends on twitter like Mikey's Cruise Blog tweeted non-stop as the story unfolded.  

Completely missing from the discussion on social media sites like twitter and facebook were Carnival (the owner of Costa) or its CEO Mickey Arison ( @MickyArison ) or the cruise industry's trade organization, the Cruise Line International Association (CLIA) which has a twitter name @CruiseFacts.

CLIA did not make a single tweet, statement or press release all weekend. 

The few bits and pieces of information which trickled from from Costa falsely suggested that the stricken cruise ship was being orderly evacuated and that the passengers were "not at risk."

In the first blog I wrote that night, I suspected that the cruise line's comments were "probably the usual misleading and false cruise propaganda."  As it turned out, while Costa was assuring the public that everything was fine, panicked passengers were jumping overboard or struggling to survive as water filled their cabins.    

Costa Concordia Captain - Coward of the Seas?The motto of the $35,000,000,000 a year cruise industry is CLIA's "one industry, one voice."  But CLIA apparently does not work on the weekends.  When disaster struck the Concordia and over 4,000 passengers and crew feared for their lives, CLIA remained silent.

Meanwhile, the void  was filled with insightful analysis and photographs from the international media, particularly from the U.K., as well as iReporter accounts from the scene of the disaster.

The first tweet from the Carnival CEO Arison, who has amassed a personal fortune of over $4,000,000,000 (billion) from cruise fares, came long after the disaster, expressing his condolences, but quickly followed by a tweet (since deleted) supporting his pro basketball team of NBA superstars.         

The void created by the absence of information from CLIA and Carnival and its subsidiary line Costa was quickly filled by non-stop interviews of surviving passengers who described the chaos and deadly confusion as they tried to escape the sinking vessel, which we now understand was caused by the reckless conduct of the cowardly cruise ship captain (above right) who abandoned ship when things got tough.  

The media quickly called on maritime lawyers here in South Florida to provide insight into the disaster.  Our firm received inquires from major television and radio networks like ABC, 20/20, NBC, CNN, Erin Burnett, Anderson Cooper, CNBC, the Canadian Television Network and BBC Radio, as well as national and international newspapers and magazines like Newsweek, the Jim Walker - CNN Studio - Costa Concordia Cruise DisasterNew York Times, the Washington Post, and U.K.'s Telegraph.  I spent the better part of this week speaking with several dozen journalists and shuttling between TV production studios in Miami and Fort Lauderdale for interviews.

The cruise industry did not have much to say.  No one appeared on TV on behalf of the cruise lines. CLIA finally updated its facebook page to assure the public that cruise disasters like this were "extremely rare."  But journalists are turned off by such false and self-serving garbage, and turn to information like that contained on my article Costa Concordia Calamity Just the Latest Disaster for Cruise Industry which discussed prior deaths and injuries on Costa cruise ships in the last two years and a rash of deadly cruise disasters which CNN featured this week.

CLIA also teamed up with a local cruise line defense lawyer here in Miami to write a press release with claims like "the cruise industry is a heavily regulated industry and safety is our highest priority" and "all cruise ships are designed and operated in compliance with the strict requirements of the International Maritime Organization."

I have learned that the media hates corporate PR statements like this.  It's called "gobbledygook" (definition below).  

Most journalists understand that cruise lines are largely unregulated.  To the extent that there is any regulation it is mostly self regulation by an industry whose business model is to incorporate in places like Panama and Liberia and flag their vessels in places like the Bahamas and Bermuda to avoid all U.S. income taxes, labor laws and safety laws.  The so-called "strict requirements" of the IMO are, at best, mere recommendations which the cruise lines can choose to ignore with impunity, like the decision Costa made not to bother to conduct a lifeboat drill before sailing on this disastrous cruise.    

As this week comes to an end, the misleading cruise line press releases simply added to the lack of credibility and silliness of an industry which is known for its lack of transparency.  As the Costa Concordia disaster became a nightly staple for the cable news stations this week, CLIA and the cruise line supporters were no where to be found.  They seem to be hiding under the covers.

Perhaps CLIA's new motto should be "one industry, no voice."         

 

Here are examples of some of the articles we participated in this week:  

CNBC:  Travel: Do you need medical evacuation insurance?

Canadian Television:  Crime, fires compromise cruise ship safety: experts

International Herald Tribune / New York Times: Disaster Cripples Cruiser, Not Cruising

Washington Post:  Costa Concordia sinking leaves other cruise ship passengers alarmed — and out of luck

Cleveland Plain Dealer:  Cruise ship accident prompts questions about industry safety

Examiner:  Passengers blame Carnival Corporation for Costa Concordia wreck

 

*The word "gobbledygook" comes from Maury Maverick, a Texan lawyer who served as a Democratic Congressman and the mayor of San Antonio. He used the word in the New York Times Magazine in 1944 referring to a turkey, “always gobbledy gobbling and strutting with ludicrous pomposity.” 

Costa Concordia Calamity Just the Latest Disaster for Cruise Industry

Cruise Ship Disasters - MSC Poesia Following the spectacle of the Costa Concordia disaster, the cruise industry is starting its campaign to convince the public that cruising is safe notwithstanding the terrifying and grotesque images of the stricken ship.

Pro-cruise trade organizations line the Cruise Line International Association ("CLIA") will claim that incidents like this are "rare" and will characterize the Costa Concordia as a "freak" accident.  But in truth this incident is just the latest cruise disaster in a long line of disasters.

One week ago, Italian cruise liner the MSC Poesia ran aground into a reef in the Bahamas while sailing to Port Lucaya near Freeport, Bahamas.  You can read about that incident here - MSC Poesia Destroys Reef in the Bahamas - Cruise Ship with 26' Draft Sailed Into 15' Waters

The 93,000-ton cruise ship needs twenty-five feet of draft but sailed into only fifteen (15) feet of water. Fortunately for the cruise ship (and unfortunately for the priceless and irreplaceable reef), the vessel ground the fragile reef into bits.  MSC was not able to get off the reef until high tide. But the incident did not stop the cruise ship from tendering cruise passengers to Port Lucaya to enjoy themselves at the beach.  Once high tide freed the ship, the Poesia sailed off as if nothing Cruise Ship Disaster  - Costs Europahappened.  Few people in the media reported on this near disaster. 

It takes deaths and destruction  to focus the media on problems in the cruise industry. 

There have been two serious collisions of Costa cruise ships in the last two years.

In February 2010, the Costa Europa cruise ship collided with a pier in Sharm el-Sheikh, Egypt.  The allision ripped a hole in the hull of the ship and flooded a crew cabin, resulting in the death of three crew members and injury to four passengers.  Photographs of the Costa Europa show the vessel listing heavily on its port side, in order to keep water pouring into the large opening on the starboard side.  You can read about that incident here  - Costa Europa Collides With Pier in Egypt - Three Crew Dead, Passengers Injured

In October 2010, the Costa Classica cruise ship collided with a cargo vessel, the Belgian registered bulk carrier Lowlands Longevity, at the mouth of the Yangtze River.  The ship suffered a long gash over 60 feet long in its side and several passengers were injured.  You can read about that Costa cruise ship crash here: New Photographs Reveal Extent of Damage to Costa Classica

In addition to these collisions, an engine room fire broke out onboard the Costa Romantica near Uruguay in February 2009.  A year earlier, in may 2008, there was a dangerous near-collision between the Costa Atlantica and a cargo ship, the Grand Neptune, where the captain of the Costa cruise ship was heavily criticized.  You can read the UK Marine accident report here. (There is speculation that Captain Schettino was at the vessel's captain at the time.)

Cruise Ship Disaster - Costs ClassicaThe parent company of Costa is Carnival cruise line which has had more than its fair share of disasters.

The U.S. Coast Guard blasted Carnival for its negligence following the November 2010 fire aboard the Carnival Splendor cruise ship when the cruise line's fire suppression system malfunctioned.  The Splendor was a relatively new cruise ship manufactured in Italy.  The fire caused the failure of all of the generators on the cruise ship which stranded over 3,500 passengers on the high seas off the coast of Mexico.  "Coast Guard Blasts Carnival Splendor for Fire Negligence"

The U.S. Navy sent an aircraft carrier to the scene and the U.S. Coast Guard had to tow the stricken cruise ship back to the U.S., at the U.S. tax payer's expense.

Plus consider the following serious events:

Fires Breaks Out On Bahamas Celebration Cruise Ship - December 2011.

Star Princess Cruise Ship Fire - 2006Over 1200 Passengers Rescued from Burning Ferry in the Red Sea, One Dead & Many Injured - November 2011

Fire & Rough Weather Mar Queen Mary 2 Cruise - October 2011

Cruise Ship Fire in Norway Kills Two - September 2011

Explosion Rocks Port in Gibraltar - Independence of the Seas Avoids Damage - May 2011 

First Mexican Cruise Ship Catches on Fire - April 2011

Engine Room Fire Aboard MSC Cruises' Musica Cruise Ship - December 2010

Over 200 Passengers Rescued From Burning Ferry in Baltic Sea - October 2010

Power Outage on Queen Mary 2 Due to Catastrophic Explosion - September 2010

Fire Breaks Out On Cruise Ship In Norway - May 2010

Sun Vista Cruise Ship FireAll of this occurred in the last two years!  In May of 2010, I chronicled the series of serious cruise disasters back over the last decade - Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything?  If you are going to read one story on this blog, it is this one - the dangerous history of cruise ship fires dating from the Princess Cruises Star Princess fire in 2006 to the fire and sinking of the Sun Vista earlier in the1990's.

So as you digest the disturbing story of the renegade captain working for a cruise line with numerous recent casualties and the photos of the luxury liner on its side, don't let the cruise industry fool you into believing that this is an isolated accident.   

 

Don't miss watching: Top Five Worst Cruise Ship Disaster Videos (to be updated)

On a lighter note:  Tina Fey's Honeymoon Ruined By Cruise Ship Fire?

 

Photo credits:

MSC Poesia - shipwrecklog

Costa Europa cruise ship - AP (Hussien Talal) via Mail Online

Costa Classica - EPA via Mail Online  

Costa Concordia Captain Schettino - Chicken of the Seas

The captain always goes down with the ship, the saying goes. 

Or at least the captain is the last to leave a sinking vessel.

But not on the Costa Concordia.

Passengers aboard the stricken Costa cruise ship say that they observed Italian Master Francesco Schettino draped in a blanket aboard a lifeboat heading to safety as the vessel's crew and passengers struggled for their lives.  There is also talk that the captain intentionally deviated from course to "buzz the island," which if true takes this case from sinple negligence to recklessness or intentional misconduct.   

Arrested in Rome for manslaughter and abandoning ship, Captain Schettino talked about "lateral projections of rocks" and other phantom rubbish, rather than his own foolishness, which tore the hull apart and doomed his cruise ship.  He boasted that he saved lives and was the last to leave the vessel, apparently forgetting about his chief purser who was trapped aboard the ship.  

The captain of a vessel is the supreme master of his ship at sea.  The captain is ultimately responsible not only for the safe navigation of the vessel, but for the discipline and order of the crew and the safety of all crew and passengers.

Initial reports suggest that Captain Schettino failed on all accounts.  In an unregulated industry which looks for a scapegoat, the cruise line will focus on an irresponsible and renegade captain as the sole cause of the disaster which unfolded this weekend.

If passenger accounts are correct, Captain Schettino will long be considered a coward who abandoned his responsibilities and duties after wrecking the Concordia and killing scores of innocents in the process.      

  

Francesco Schettino - Costa Concordia Captain - Abandon Ship

 

Photo credit:  Enzo Russo / EPA

Passengers Panic As Costa Concordia Cruise Ship Begins to Sink

Costa Concordia Sinking - Evacuation Cruise ShipCosta Cruise Lines' Costa Concordia cruise ship has evacuated most of its passengers after a disastrous situation this evening near the island of Giglio in southern Tuscany, Italy. 

Media reports suggest that the cruise ship ran aground or struck a reef after departing from its regular course.   

The grounding ruptured the hull and water entered the vessel, leading to the forced evacuation of many of the 4,231 passengers and crew from the stricken cruise ship into lifeboats.  There are reports that passengers jumped into the water during the chaotic circumstances following the grounding. 

The official statements from the cruise line are factually vague.  There is no explanation regarding the cause of the grounding.  The cruise line proclaims that the passengers are "not at risk," but this is probably the usual misleading and false cruise propaganda.  Some media sources are reporting that there are passengers who are dead.  Media sources are reporting around 3  passegers died and up to 50 are missing. 

The Italian cruise ship carrying 3,200 passengers and approximately one thousand crewmembers.  The Costa Concordia had departed for a Mediterranean cruise includio ports in Civitavecchia, Palermo, Cagliari, Palma de Mallorca, Barcelona, ​​Marseille and Savona.

News sources are quoting a passenger describing the mishap similar to the Titanic disaster, "with a scramble among the evacuees, screaming and crying."

January 14, 2012 Update:

Costa issued a statement that the cruise ship struck a "rock."   Other news sources are reporting that the captain was arrested for manslaugter and abandoning the ship.  

Canadian television CTV has an article about the grounding and cruise safety issues - Crime, Fires Compromise Cruise Ship Safety: Experts -  which you can read here.

Costa Concordia Cruise Ship Sinking

Do you have accurate information regarding this disaster?  Do you have photo or video to share? 

 Please leave a comment below.

 

BUSTED! Another Cremember Arrested for Allegedly Raping Girl on Cruise

Yesterday we published an article about a Royal Caribbean crew member who sexually assaulted a 14 year old girl aboard the Adventure of the seas cruise ship.  You can read about the alleged crime here

You can read the criminal complaint and violence of the alleged act here.

This case involves a Roal Caribbean "pool attendant" Fabian Palmer who seems to befriendly with all ages of the opposite sex.

The mugshot of the arrested Royal Caribbean crewmember is below:

Fabian Palmer - Royal Caribbean Cruise - Sexual Assault  

Read our prior article: Royal Caribbean Crewmember Indicted For Sexually Abusing 14 Year Old Girl

Think sexual assault of children is "rare" as the cruise lines want you to believe?  Consider reading these articles:

Sexual Assault of Children on Cruise Ships - A Problem the Cruise Community Wants to Forget

Why Cruises are NOT the Best Vacations with Kids

Should Travel Agents Be Liable For Falsely Representing That Cruises Are Safe For Kids?

Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship

Top Ten Reasons Not To Cruise: No. 1 - Cruise Lines Are A Perfect Place To Sexually Abuse Children

Celebrity Cruises Crew Member Arrested on Child Porn Charges  

Cruise Ship Sexual Assault: Carnival Bartender Gets Three Years For Raping Fourteen Year Old Passenger

View Older Posts