Cruise Law News : Maritime Lawyer & Attorney : James M. Walker : Walker & O'Neill Law Firm : Admiralty Law, Cruise Ship Accidents & Injuries

One of the dangers of cruising is the cruise ship catching on fire.  Most families who go on a cruise don't like to think about it. 

But it happens. 

A Rash of Fires on Carnival Cruise Ships

One of the most publicized incidents involved Carnival's Ecstasy (left) in 1998 when it caught fire shortly after leaving the port of Miami.  If the fire had occurred thirty minutes later there would have been no fire boats to extinquish the flames.  Local news helicopters from Miami flew to the scene and filmed the burning ship.  The story was broadcast on all of the local Miami news stations.

The next year, another Carnival cruise ship, the Tropicale, caught fire and the ship was adrift in the Gulf of Mexico with 1,700 passengers and crew members for almost two days after the fire disabled the engines.  This incident received national attention, particularly after passengers complained that some crew members did not speak English well enough to provide safety instructions.  The New York Times reported on the debacle in an article "Language Barrier Cited In Inquiry Into Ship Fire." 

During the ensuing investigation, the captain of the Tropicale testified that he was concerned that the engine room would explode. He kept information about the raging fire from passengers because he worried they might panic and jump overboard, according to the St. Pete Times article "Cruise Captain Feared Panic."

Despite wide-spread media coverage, few major news organizations reported the Tropicale’s prior problems which could be traced back to 1982 when a fire broke out during its inaugural cruise. And the Ecstasy had also caught on fire earlier as well, in 1996.  

Carnival has had more than its share of fires, with the Carnival Celebration burning in 1995 which forced 1,700 passengers to evacuate.

Between the Ecstasy and Tropicale fires, the Sun Vista ignited off of the coast of Malaysia and 1,000 passengers found themselves in lifeboats in the Straits of Malacca. 

There are spectacular photographs of this fire available on line.

Fires on Princess Cruise Ships

The Royal Princess Fire Reported on Twitter 

The most recent fire occurred last year involving a Carnival subsidiary, Princess Cruises.  The Royal Princess' engine room caught fire in June of last year during a Mediterranean cruise near Egypt.  The cruise line initially didn't release any information to the public.  But a passenger, a Pastor from South Carolina, Greg Surratt tweeted on his Twitter account @GregSurratt about the fire from his iphone on the cruise ship. 

Reverend Surratt tweeted that the fire had disabled the cruise ship and a tug had to tow the ship back to port.   Frantic families in the U.S. had to rely on Pastor Surratt for information about their loved ones. He even tweeted photos of the fire and the passengers sprawling out on the deck in the dark (right) via "Twitpic" - an application which permits photos to be uploaded onto Twitter. 

When Princess finally posted its typical less-than-forthcoming corporate press statement, no one was paying attention to the cruise line.  Everyone was listening to Pastor Surratt tweeting away on the cruise ship in the Mediterranean. Fortunately no passengers were injured.

Disaster Strikes the Star Princess

Real tragedy struck passengers on Princess' Star Princess cruise ship in 2006.

A fire began on a balcony and quickly destroyed several hundred cabins and killed a passenger, Richard Liffridge of Georgia.  We represented Mr. Liffridge's children in litigation against Princess.

The cause of the fire was a cigarette being flicked over an upper balcony.  Some of the Princess cruise ships are designed with the balconies of the lower cabins jutting out (photographs below). 

So if anything - like a cigarette - is thrown out  from an upper balcony, it will land in the balconies below.  This created an obvious fire hazard, particularly considering that the balcony chairs and balcony partitions were highly combustible and none of the balconies had heat detectors or sprinkler systems. 

Princess knew about the danger, but chose to simply place a sticker on the sliding glass doors stating: "fire hazard - do not throw cigarette ends over the side."  

Hoping a smoker won't flick his or her cigarette butts over the rail is wishful thinking - and Princess had no fire suppression systems in place to deal with a balcony fire.  The balcony furniture and partitions acted like kindling wood, ready to explode into flames.

Mr. Liffridge's children's story was widely reported, including in an article in the Dover Post, which is re-printed below:

"Siblings Take on Cruise Line after Father’s Death" 

Richard Liffridge’s children intend to make sure no other family endures the heartbreak they must bear for the rest of their lives.

An Air Force tech sergeant who retired at Dover Air Force Base, Liffridge and his wife Vicky were on a Caribbean cruise March 23 when a fire broke out aboard their ship, the Star Princess. The fire damaged or destroyed 283 cabins – and killed Liffridge.

Shortly thereafter, Phil Liffridge and his sisters, Michele Norris and Doris Henry, all of Dover, and Lynnette Hudson of Bear, set up the non-profit Richard Liffridge Foundation in honor of their father. Their goal is to bring about tougher fire regulations aboard cruise ships and to lobby for legislation to make cruise ships safer.

They also plan a wrongful death lawsuit against Princess Cruises, owners of the Bahamas-registered Star Princess.

The official report on the fire, published Oct. 23 by the British Marine Accident Investigation Branch (MAIB), placed the blame on an unknown smoker whose cigarette ignited plastic partitions and furniture on one of the stateroom balconies surrounding the exterior of the ship. While room sprinklers kept the blaze from spreading to the interior, choking black smoke from the burning plastic blocked inboard escape routes.

Awakened by fire alarms shortly after 3 a.m., Liffridge and Vicky struggled out of their stateroom and into a hallway, but failed to reach fresh air. Vicky was one of 13 people later treated for smoke inhalation.

Liffridge succumbed to the toxic fumes, his death at first attributed to a heart attack.

The picture of health

“I said, ‘Yeah, right,” Henry said of the news her father had died of a coronary.

At the age of 72, Liffridge had the look and energy of a man 10 years his junior. He was self-conscious about his weight, so he ate properly and exercised regularly at a basement gym in his Locust Grove, Ga., home, Henry said. Her father enjoyed traveling and he and Vicki rarely missed the chance to socialize with their friends.

The cruise was a belated celebration of Liffridge’s birthday, which had taken place March 11.

“He was at the peak of his life,” Henry said.

“Who would have thought he’d be celebrating his birthday and then have so much tragedy?” Norris said.

Although they stop short of accusing the cruise line of deliberate insensitivity, Liffridge’s children feel the Princess Cruise officials were slow to react to the aftermath of the tragedy. Even though Hudson was listed as an emergency contact, no one from the cruise line called to notify her, they said. They found out about their father’s death when their distraught stepmother telephoned from Jamaica, seven hours after the fire was extinguished.

The cruise line also seemed more interested in smoothing things over with survivors whose vacations had been interrupted by the fire than with helping her family, Hudson said.

“They were focused on taking care of people who were inconvenienced, not on the family of the man who died,” Hudson said.

While the cruise line made sure the Star Princess’ passengers got a rebate for the incomplete cruise and a discount on their next excursion, the Liffridge family had to pay to have their father’s remains returned to the United States, Hudson said.

A start, but more needs to be done

Cruise lines, including Princess, started replacing plastic balcony dividers and furniture soon after the Star Princess fire and are acting on additional MAIB recommendations that include posting extra fire watches aboard ship. The United Nations-sponsored International Maritime Organization also is set to discuss new balcony fire safety requirements this December.

But more needs to be done, according to the Liffridge family.

Rep. Mike Castle, R-Del., is co-sponsoring legislation in Congress that would require cruise ships calling at U.S. ports to report incidents involving U.S. citizens within four hours. Working through the Liffridge Foundation, the siblings also hope to influence Congress to ban smoking on cruise ships, except within designated areas.

Despite these efforts, Hudson and her sisters and brother know they’re just reacting to an industry that failed to be proactive.

And although they realize their lobbying efforts and the wrongful death lawsuit, if successful, won’t bring their father back, it may help him rest easier.

“Our focus is to make sure this never happens again,” Hudson said.

“No amount of money will replace our loss,” she added. “The main thing for us is that another family does not have to go through this like we did.” 

Lynnette Hudson - Joins The International Cruise Victims Organization 

Mr. Liffridge's daughter Lynnette Hudson, who was appointed the personal representative of her father's estate, joined the International Cruise Victims organization.  She was asked to testify before Congress and proposed recommendations to prevent other families from suffering through similar tragedies.

Her Congressional written submission to Congress can be viewed here.  The transcript of Ms. Hudson's testimony and the cruise safety hearing is here. 

Ms. Hudson later boarded the cruise ship after it had been repaired and inspected the external heat detectors and sprinkler systems which were installed after her father's death.

Ms. Hudson is shown pointing to the heat detectors and sprinklers.  Although all Princess cruise ships have been retrofitted with sprinkler systems on the cabin's balconies, not all cruise lines sailing today have such safety systems.    

In her Congressional testimony, Ms. Hudson expressed her fear that other families may face the risks of a cruise fire which killed her father: 

"CLIA tells us that by the year 2010 twenty million passengers will sail on cruise ships.  Visions of these passengers flicking their cigarettes over the rails as unsuspecting passengers are asleep in their cabins, with no fire detectors or sprinklers instantly comes to mind . . . "

What have cruise lines learned over the course of the last ten years?  Is the cruise industry ready for the next fire on a cruise ship filled with several thousands of passengers?  

Additional Information:

Wall Street Journal: "Cruise Lines Scramble to Replace Fire Hazard - Deadly Blaze Exposed Danger of Plastic Balcony Partitions Used on Dozens of Ships"

LA Times: "Cruise Industry's Dark Waters"

NTSB Report of the Carnival Ecstasy fire.

MAIB Report of the Star Princess fire.

Credits:

Carnival Ecstasy  photograph        WFOR

Sun Vista photographs         Sun Vista survivors web site

Royal Princess passengers   Greg Surratt twitpic

Star Princess balcony         Jim Walker's Flickr photostream

Lynnette Hudson             Jim Walker's Flickr photostream

Star Princess balcony on fire        CBS News

Star Princess balcony destroyed    MAIB report

Dover Post article                 Jeff Brown

Star Princess Video               airplaneflyer69 

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A fascinating article appeared in USA Today's Cruise Blog by Gene Sloan - "Titans of the Cruise Industry See Their Net Worth Soar."

This is an amazing article reporting on the Forbes 400 richest people in the U.S., which includes Carnival fat cat billionaires Mickey Arison, Royal Caribbean's Pritzker family, and entrepreneur Leon Black whose private equity firm controls Norwegian Cruise Lines, Oceania Cruises and Regent Seven Seas Cruises. 

The article which is re-printed in its entirety below is an insight into how to create a fortune by convincing tax paying Americans to turn over their hard earned money to foreign incorporated, non-tax paying companies operating foreign flagged cruise ships. 

The phenomenon is of particular interest to me because I represent the backbone of the cruise industry - crewmembers like Ismael Richards (photograph above) who worked for 14 years - over 350 hours a month never making more than $545 a month until his back failed and he was abandoned by the cruise line.

Mr. Richards found himself with an one-way ticket back to St. Vincent, disabled, with no 401(k) plan, no pension, no job prospects, no social security and no social safety network.

So here is the article about cruise line billionaires, for your prurient interests:  

"The past year has been a good one to be a titan of the cruise industry. Just ask Micky Arison (photograph right).

A year ago, as cruise stocks were plunging along with the economy, wealth watcher Forbes was pegging the Carnival mogul's net worth at just $2.9 billion -- a multi-year low. But with the industry on the rebound, Arison's fortunes once again are on the rise.

Forbes' annual ranking of the world's billionaires for 2010, out late Wednesday, puts Arison's net worth at $4.4 billion, placing him at No. 189 on the magazine's closely-watched list. A year ago he ranked at No. 221.

Arison still has a long way to go to reach his former glory. As recently as four years ago, when the cruise business was riding high, Arison's hefty stake in Carnival had landed him among the 100 richest people in the world. In 2006, Forbes estimated Arison's net worth at more than $6 billion, putting him at No. 94 on the list. He ranked at No. 129 in 2007 and No. 189 in 2008.

Micky Arison isn't the only Arison whose fortunes are rebounding. Another Carnival heir, Shari Arison, is now worth $3.4 billion, up from $2.7 billion a year ago, according to Forbes. Alas, Shari Arison's rising wealth isn't enough to keep her in place in the rankings, where she has dropped to No. 277 from No. 234 in 2009. Four years ago she was within striking distance of the Top 100 at 109.

Another would-be cruise mogul, Leon Black (photograph below, left), also is doing better. The self-made financier who controls Apollo Management -- the private equity firm that in turn controls Oceania Cruises, Regent Seven seas Cruises and Norwegian Cruise Line  -- almost didn't make the Forbes list last year as his net worth plunged to just $1.1 billion. But this year he's on the rebound with a net worth that Forbes pegs at $2.5 billion. He now ranks No. 277 on the list, up from No. 647 a year ago.

Also faring better are the many members of the Pritzker family of Chicago who collectively own a sizable chunk of Royal Caribbean.  Forbes says Thomas Pritzker is now worth $1.6 billion, up from $1.3 billion a year ago (though his ranking on the list has fallen to No. 616 from No. 559 in 2009). Jay Robert Pritzker, Anthony Pritzker and Penny Pritzker, with $1.4 billion a piece, are next at No. 721, followed by a half dozen more Pritzkers who tie at No. 773."

Credits:

Ishmael Richards                 Jim Walker's Flickr photostream

Mickey Arison                         Business Week

Leon Black                             Adam Berry / Bloomberg / Lardov

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BVI News and BVI Platinum News continue their excellent coverage of the tragic and deadly crash of the  Princess Cruises' excursion bus in Tortola, British Virgin Islands (BVI) with an article entitled "It could Have Been Worse."

PR Nightmare

The BVI Tourist Board is trying to manage the public relations nightmare of the death and multiple injuries of U.S. cruise tourists on a bus with no seat belts being driven by a bus driver with an arrest history and prior conviction record for reckless driving nicknamed "Crash Dummy."

The Director of the BVI tourist Board, Ms. Hadassah Ward (photograph below, left), is struggling with crisis management efforts following this debacle.  Ms. Ward scheduled a press conference yesterday where she announced that "it could have been worse."

I'm not sure I understand exactly how it "could have been worse."

A young man died needlessly on a cruise excursion, purchased by his loving parents for his birthday, because of the obvious negligence of the excursion company and cruise line which saw fit to associate itself with a substandard tour company which hired a known reckless driver nicknamed "Crash Dummy" operating a bus not suited for mountainous terrain.

Ms. Ward should have said "this should have never happened."

Instead we see Ms. Ward and her "Tourist Board" worrying about the image of her island and fretting about the press and the blogs covering the tragic story.

Muzzle the Press?

Ms. Ward announced that "one of the Board’s role is to monitor the media  . . .  to ensure accurate information is being disseminated.  Ms. Ward  also said she would monitor the "posted pictures of the accident . . . because it will be there for the next 10 to 20 years . . . "

Mr Ward is quoted as saying: "everyone is reading the blogs and newspapers… so we don’t want the information to be misconstrued where people will be affected in terms of liability . . . we need to understand that the blogs are read internationally."

She also noted that "good attitude from the Tourist Board officials" quelled any videos and photographs from being circulated online by the 16 tourists who were involved in the accident.

Ms. Ward concluded her remarks by stating "I am a great believer in letting the story die naturally . . ." 

This is the essence of tourist boards and cruise line PR people - they just want the story to go away.

We reported in a prior blog that this is not the first cruise bus excursion to run off the road and injure cruise passengers in Tortola - "Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident."  Nothing was done after that disaster. 

History is repeating itself.  

Let's Be Happy & Forget about It

So we have the Tortola Tourist Board trying to puzzle the press and control the images of the tragedy for PR purposes. 

And the island and cruise line people behind the scenes just want the story to die naturally . . . 

And then what? 

Another season of substandard buses, with no seat belts, with reckless drivers . . . and another round of unsuspecting cruise passengers taking their families on the next bus driven by a "Crash Dummy"   . . .  

Comments From Tortola:

Here are some of the comments to the BVI News story that the Tortola Tourist Board is concerned with:

An accident waiting to happen is no accident. Hiring a driver with driving infractions and one of which was reckless driving to operate your tour bus is irresponsible and negligent. The owner of the tour bus too, is guilty of negligence which contributed to this vehicular homicide. Just because these tourists were given a heap of hush money as incentives not to file a lawsuit (we hope) and to keep things quiet, doesn't mean that TB should be issuing insensitive words " It could have been worse" because frankly, it could not have been worse . .

Could have been worse?? Oh it's just one life....I mean come on. You're talking about insurance and all that...I mean if we have people operating and transporting persons and they have no license to drive or no insurance to operate heir vehicles then we have a very serious flaw in the system! Don't give me that could have been worse story. With as much violations this guy should he even be driving much less responsible for transporting this many people? These are peoples lives we're talking about! 

License or no license, hiring a driver with a record of driving infractions including reckless driving, whose nickname is Crash Dummy should be good reason to revoke his license to operate a tour bus. Lackadaisical, slackness, don't care with attitude are words to describe the way business is conducted in this place from top to bottom.

March 11, 2010 Update:

Two newspaper stories from Tortola today address the efforts of the Tourist Board to assist the parents of the deceased cruise passenger, Mr. Rumphrey.  The BVI News has an article "BVITB Reports on its Efforts to Assist Family of Tourist Killed in Road Accident."  The BVIU Beacon also reports on the Tourist Board's efforts to assist the affected passengers in an article "BVITB Aids Family of Man Killed in Wreck."  Ms. Ward is quoted saying: "Yes, bad things do happen in paradise, but when they do happen, you have a support group.”

Credits:

Photograph of Ms. Ward         BVI News

Photographs of bus                   BVI Platinum News    

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In the last two weeks, there have been two overboard passengers from U.S.-based cruise ships - Costa's Serena  and Holland America Line's Rotterdam.

These incidents have been reported - not by the cruise lines or the press - but by Canadian Professor and cruise expert Ross Klein who hosts the informative web site Cruise Junkie.  Dr. Klein has been tracking passenger and crew overboards for the past decade. 

Like Dr. Klein, we are increasingly being contacted by passengers, crew and other concerned individuals when things go wrong on cruise ships.  Here is some updated information we received from our readers:

Passenger Overboard From Costa Serena

In response to our article "Person Overboard from Costa Serena Cruise Ship?," one passenger confirmed that a 34 year old French passenger went missing at midnight on February 26th. 

"The ship had to turn around the following day. But the ship and coast guard did not find the man. On that following night the ship was given the go ahead to return to original course. but at that time it was too late to visit the port of Cadiz."

Another passenger informed us:

"Yesterday we returned from the Costa Serena. The Captain had reported to all of us passengers that the missing man was a Frenchman of the surname Pascal, reported missing by his father who was also traveling on the Costa Serena. At the time he went missing the ship was traveling from Tenerife to Cadiz (our itinerary was changed from going to Madeira because of their disaster).  Once Mr. Pascal was reported missing, the ship had turned round and for several hours searched in the area where he may have fallen overboard.  Then we were told the search and rescue authorities were taking over and as it was too late for us to visit Cadiz, we were taken straight to our following destination, i.e. Malaga. We hope that you will be able to find more regarding the fate of the missing man and let us know."
 

Passenger Overboard From HAL's Rotterdam

In response to an article " Passenger Reported Overboard From Holland America's Rotterdam Cruise Ship," a United States Naval Aircrewman reported the following:

"I was surprised that this report was not confirmed, and was hoping to help. I was aboard the aircraft referenced that arrived "onstation" to assist in the S.A.R. Operation, a United States Navy P-3C of Patrol and Reconnaissance Squadron (VP)- 26.

We arrived on station after the victim had been in water for about an hour and a half, the delay largely attributed to communication delays, and the relay of the initiated SAR from ship, to shore, to our controller. WE initiated a search pattern that proved unsuccessful. At which point we adjusted our search to the estimated current drift. After several hours we searched our absolute min allowable "off-station" fuel load (required for the transit back to base) and at the last moment we located the SAR victim. Since we were bingo fuel all we could do was give a gps point and get back home. During SAR operations we prefer to maintain "eyes-on" to guide the pick-up vessel in.

I speak for my crew in saying we are grateful to know that at least he was picked up even though we could not affect a rescue. We offer our condolences to the family and relatives, and I hope you know that we did all that we could."

Thanks To Our Readers

Thank you to our readers who have expressed their concern for these passengers and their families and have taken the time to provide information regarding these sad cases.

A special thank you to our brave U.S. Coast Guard and Navy Airmen who put their lives on the line to search for and recover our loved ones at sea.

Credits:

Costa Serena                      CruiseAir's photostream

HAL's Rotterdam                Cajun Bob's photostream

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The Centers for Disease Control (CDC) reports numerous outbreaks of norovirus on cruise ships operated by Celebrity Cruises, Cunard, Holland American Lines, and Royal Caribbean. 

Every time there is an outbreak, the cruise lines blame the passengers who board the cruise ships.  The media picks up in this theme and often reports that the problem is not with the cruise ships but the passengers who board the ships already infected with norovirus.  For example, in a recent article in the New York Times Travel Section "Stomach Bug Hits Cruise Ships," respected journalist Michelle Higgins writes " . . . the contaminated ships have since been disinfected  . . .  but such measures can’t prevent a sick passenger from coming aboard and infecting others."  Ms. Higgins suggests that " the best defense is simple: wash your hands."

Unfortunately, the issue is not so simple.

According to the U.S. Food and Drug Administration (FDA), whereas "person to person" transmission of norovirus has been documented, "norwalk gastroenteritis is transmitted by the fecal-oral route via contaminated water and foods."

Contaminated Water Supplies On Cruise Ships?

The FDA indicates that contaminated water is one of the most likely causes of norovirus.  The FDA reports that "water is the most common source of outbreaks and may include water from municipal supplies, well, recreational lakes, swimming pools, and water stored aboard cruise ships.

So whereas you always hear reports of extra cleaning of the bathrooms and cabins on infected cruise ships, there is never a mention of whether the potable water is tested and the results of the testing.

Contaminated Food Supplies On Cruise Ships?

In addition to water supplies on cruise ships being a potential source of the virus, food supplies on cruise ships can also sicken the passengers.

The FDA reports that "shellfish and salad ingredients are the foods most often implicated in norwalk outbreaks. Ingestion of raw or insufficiently steamed clams and oysters poses a high risk for infection with Norwalk virus. Foods other than shellfish are contaminated by ill food handlers."

It would be interesting to determine the job positions of the crew members infected with norovirus.  For example, the CDC reports that sixty-nine crew members were reported ill on Celebrity's Mercury and Millennium cruise ships during recent cruises.  How many of these crewmembers were cooks, waiters or food handlers?  

The issue of eating oysters and other shellfish on cruise ships presents a double whammy.  Cruise ships dump sewage 12 miles from shore, and the fecal material can contaminate shellfish which filter-feed.  Both cruise passengers and people ashore can then be infected by eating contaminated shellfish. 

Uncertainty Regarding Cause of Virus and Transmitting Agent

Although the CDC tries to determine the "causative agent" of the outbreak, this means that they are trying to determine the nature of the pathogen (i.e., whether it is norovirus or some other virus).  But the CDC does not report whether the virus came from a person boarding the cruise ship or, the more likely scenario if the FDA is correct, from contaminated food and water on the cruise ship.

The issue arises where do the cruise lines obtain their potable water?  From U.S. based vendors or from the Caribbean islands?  What testing is done at the ports before the water is brought aboard?  Where do the food products come from?  Is any of the food inspected by the FDA before it is loaded on the cruise ships?  

The CDC reports that around 600 passengers became ill on Celebrity's Mercury cruise ship on the last two cruises alone.  Are we to believe that all 600 people simply failed to wash their hands?  Or is there something in the food and water? 

Cruise lines should be required to publicly report the test results of the cruise ship's water samples, so that the U.S. public can determine the true cause of cruise ship illnesses.

If contaminated water is the culprit, all of the external cleaning of cruise ship surfaces is not going to solve the problem.   

Additional Information: 

Passengers can track the reported outbreaks on the CDC web page which tracks "Outbreak Updates for International Cruise Ships."  Not all norovirus outbreaks are required to be reported to the CDC and the CDC website is incomplete. 

A good source for additional information is found on "Illness Outbreaks on Cruise ships."  We have reported on numerous cases of cruise line illnesses in prior articles. 

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Today Business Week published an article "Cruise Trade Group Spends $400K on 4Q Lobbying" which is re-printed, unedited, as follows:

"Cruise Lines International Association spent almost $400,000 in the fourth quarter to lobby on security and environmental issues along with other matters, according to a recent disclosure report.

The trade group that represents cruise lines such as Royal Caribbean and Carnival also lobbied the federal government on legislation related to seaport inspections, customs matters, sanitation and health laws, quarantine procedures, international health requirements and crime reporting.

In the October-through-December period, the trade group, based in Ft. Lauderdale, Fla., lobbied both chambers of Congress, along with the Department of Homeland Security, the State Department, Customs and Border Patrol, the U.S. Coast Guard, the Department of Justice, the Department of Transportation, the U.S. Department of Agriculture, the Food and Drug Administration, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Federal Bureau of Investigation, the National Transportation Safety Board, the Transportation Security Agency and the Environmental Protection Agency, according to a disclosure report filed in January with the House clerk's office."

The Cruise Line International Association (CLIA) is the organization which promotes the interests of the cruise industry and lobbies Congress and federal agencies to avoid as much Federal regulation as possible. 

The $400,000 from CLIA is in addition to the millions of dollars spent in lobbying by the individual cruise lines.  For example cruise expert Dr. Ross Klein reports that Royal Caribbean alone spent over $3,000,000 for lobbyists for the last three years.  

The lawyers here at Cruise Law have attended five Congressional hearings where CLIA fought against safety laws and resisted reporting cruise crimes to the Federal Bureau of Investigations (FBI) and the U.S. Coast Guard.  

CLIA has a strange group of bedfellows:  

CLIA's Vice President of Communications is Eric Ruff (photograph above, far left with glasses) who was Secretary of Defense Donald Rumsfeld's spokesperson who helped sell the U.S. on the war against Iraq.  He is now responsible for CLIA's "public policy."  Mr. Ruff is using his experience gained at the Department of Defense to fight the war against cruise crime regulations and environmental restrictions which may require the cruise industry to spend some of its tax free money to protect passengers and public waters.    

CLIA's President is Terry Dale (photograph left) who had the unenviable job of appearing before Congress and testifying against cruise line rape victims.  His half-hearted and ultimately losing argument, that cruising is safe and there is no need to report crimes, failed to convince Congress and further tarnished the cruise line's already battered and dubious public image.       

Another Vice President is Michael Crye (photograph below right).  As down to earth as a Brooks-Brothers-suit-with-extra-starch, Mr. Crye's title involves "technical and regulatory affairs," but he  routinely shows up at Congressional cruise crime hearings to belittle crime victims.  He is most infamous for accusing missing Royal Caribbean passenger George Smith of being responsible for his own "disappearance" during his 2005 honeymoon cruise.   

There is a lot at stake for the cruise industry.  The CLIA cruise lines, like Carnival, Norwegian and Royal Caribbean, collect around $35,000,000,000 (billion) a year from mostly U.S. tax-paying citizens yet the cruise lines pay no U.S. taxes. Because of Congressional loopholes, U.S. based cruise companies - which register their businesses and flag their cruise ships in foreign countries - can avoid all U.S. taxes and safety and labor laws.

CLIA and the cruise lines are spending millions a year to make certain that Congress doesn't touch their tax free status and they can continue to skirt U.S. laws.  

In contrast to the cruise industry's multi-million dollar lobbying machine full of Washington insiders - Americans across the U.S. volunteering for the non-profit, grass roots organization International Cruise Victims (ICV) have traveled to Washington D.C. to keep the cruise industry accountable for crimes on cruise ships.  To see what an unfunded but dedicated group of victims can accomplish, consider reading:

Congress Passes Cruise Crime Law 

Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

Ken Carver Fights for Cruise Ship Safety  

The photograph (left) shows Ron and Sue DiPiero of Ohio, who lost their son Daniel on a Royal Caribbean cruise ship, outside their Congressman's office in Washington D.C.       

The DiPieros are fighting for a reform of the Death on the High Seas Act (DOHSA) which provides no recovery for the emotional injuries sustained by grieving families who have lost a loved one on a cruise ship in international waters. 

The cruise industry has spent millions of dollars to make certain that families like the DiPieros are deprived of their rights:

The Death on the High Seas Act - Screwing American Passengers for 89 Years  

Cruise Industry Tries to Kill Amendment to Death on the High Seas Act    

For additional information regarding cruise industry lobbying, please read:

Lobbying Congress - Dirty Waters: The Politics of Ocean Pollution.  

Credits:

Eric Ruff     AP via politico.com

Terry Dale    cruiselaw's Flickr photostream

Michael Crye    seatrade-global.com

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The Centers for Disease Control (CDC) reports that Celebrity Cruises' Mercury cruise ship has returned to Charleston, South Carolina with 182 ill passengers. 

According to its web page "Investigation Update on the Mercury,"  t'he CDC reports 182 of 1749 passengers (10.41%) are ill with diarrhea and vomiting, and 14 of the 850 crew (1.65%) are sick.

With the sick passengers disembarking, another 1,800 passengers are boarding.  (I wonder whether the cruise ine discloses to the new passengers which cabins had sick passengers in them?) 

The Mercury has experienced more than its fair share of problems in the last month.  There was a report of carbon monoxide poisoning on February 13th when the cruise ship returned to Baltimore.  After the ship re-positioned to Charleston, its inaugural cruise from that port resulted in over 400 passengers coming down with the dreaded norovirus. 

The ship was delayed a day until February 26th for what the cruise line calls "enhanced cleaning," and we questioned "Will the Celebrity Mercury Infect Another Round of Passengers?"

Now close to 200 people another passengers and crew have fallen ill.   

The most troubling information is that the CDC reports that the "causative factor" (i.e., whats causing the sickness) is "unknown." 

Norovirus can be caused by sick passengers coming aboard, or sick crewmembers greeting the passengers or, more concerning, infected food and/or water supplies.  The cruise supporters always blame the passengers for not washing their hands - which may be the case.  But the issue whether there is a problem with the cruise ship cannot be excluded.  Many people refer to norovirus as the "cruise ship sickness."

If the potable water or food have norovirus particles, all of the external cleaning in the world is not going to make a difference.  It only takes a few fecal particles in the food, drinking water or shower.

USA Today reports that the Mercury's departure today is delayed for another round of "enhanced cleaning."  

But without determining the "causative factor" and determining whether the passengers, the crewmembers, or the food and water supplies are spreading the virus - it seems like the cruise line is shooting into the dark.

Stay tuned. 

Health Tips: @OrlandoChris has some helpful precautions to help prevent the spread of the infection.

Credits:

Cruise desserts     nbnpress.com

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From time to time, Cruise Law News has a guest blogger. Caitlin Burke is a recent graduate from the University of Florida.  She majored in Recreation, Parks and Sport Management.  Ms. Burke wrote a senior honor's thesis entitled a "Qualitative Study of Victimization and Legal Issues Relevant to Cruise Ships."  She is working as a case manager for Walker & O'Neill as she prepares for law school.  

Caitlin discusses her experiences in a cruise port of call two years ago, and offers 5 safety tips for students:

In March of 2008 I took a cruise over Spring Break with one of my friends from the University of Florida.  It was technically my "last spring break” so naturally I wanted to make the most of it.  I decided to take a 9 day cruise.

I boarded the Norwegian Pearl and set sail around 5 p.m., pina colada in hand.

The first night was like everyone else’s first night of spring break - a mess.  Lots of alcohol, lots of socializing, lots of exploring, lots of alcohol, lots of alcohol . . . lots of alcohol.  (Don’t judge me).  It was indeed a great first night of spring break. Needless to say the next morning my friend and I were feeling slightly under the weather. (I blame the stress and exhaustion of school and midterms, some will argue it was the massive amount of tequila consumed the prior night).

We awoke slightly groggy but ready to disembark and explore our first port of call in the Dominican Republic.  We boarded the small tenders, becoming evermore nauseous as we bounced up and down with every wave.  I bounded off the boat praying I wouldn’t lose the greasy breakfast I had just consumed at the cruise ship breakfast buffet.

Finally on firm land, we looked for a taxi/excursion/attraction to begin our exploration.  At first look, Semana seemed like a tourist hot spot - there was a strip of brightly colored shops and restaurants.  Some of our friends took taxis for informal "tours."  But we walked down the road, window shopping and trying to find something that was more “local” (i.e., less touristy).  As soon as we made it to the end of the strip, we made a right hand turn, which we almost immediately began to regret.

All of a sudden buses, cargo vans, motorcycles, vespas, bicycles all began to fly past us honking, yelling, screaming, hollering, and whistling at us as my friend and I looked at each other in disbelief.

We continued to walk down the road but felt increasingly uncomfortable. The local men were intensely staring at us, whistling, and making inappropriate comments.  We looked at each other, fear in our eyes, turned around, and bolted back to the tourist strip. Still nauseated from the tugboat ride over, we decided to eat some lunch and let our stomachs settle before returning back to the cruise ship.

We sat at a restaurant that was as close to the cruise ship as possible (also flooded with other passengers from our ship) and ate a burger for three and a half hours.  We were disappointed about not being able to see the island but happy to have made it back unharmed from the 20 feet we ventured off.

After working at a law office that handles only cruise ship related incidents - like shore excursion and port-of-call assaults - I’m thankful that I trusted my gut and did not venture out to see the island.  We were able to see other ports and island destinations in depth as the trip continued, but we regretted even getting off the ship in Semana.  I recommend anyone traveling to foreign ports to be cautious, trust your gut, and don’t venture off if you’re even the least bit skeptical of your surroundings.

Like your mom always tells you, better safe than sorry. 

Caitlin's 5 Safety Tips for Spring Break:

1. Don't drink too much. Have a designated sober person who can look out for the group.

2. Travel in groups. Never let anyone wonder off alone. Even if they say "I'll be right back," go with them.

3. Always watch your drinks being opened, being prepared, and being poured. Date rape drugs are common and easily accessible on cruise ships and in foreign ports. Do not trust the bartenders or waiters preparing your drinks.

4. Never leave your drink unattended (as college students we tend to our drinks pretty well, so this is probably the easiest rule to abide by).

5. Use your common sense and don't let your guard down. Crimes occur on cruise ships and in the ports of call.

Update March 9, 2010:

Caitlin's blog was named one of Lexblog's Ten Best Blogs of 3,000 law blogs for the week!

Way to go Caitlin!

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A story in the BVI Platinum's newspaper indicates that the cruise excursion bus driver Roland Allen, nick-named "Crash Dummy," had been convicted of driving offenses - including reckless driving - before the ill-fated Princess Cruises excursion bus crash. 

We suspected this, as we raised this issue in a prior article "How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?"

Compelling Record of Bad Driving?

In an article " Allen's License Suspended, Independent Mechanic to Examine Bus," the newspaper reveals an exchange between the bus driver's lawyer and the criminal Magistrate presiding over the matter. The lawyer for Mr. Allen pleaded the Magistrate not to suspend Mr. Allen's license.  In response, the Magistrate:

 ". . . lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. 'The allegations are compelling' she stated."

The newspaper also reports on a curious plea by Mr. Allen's lawyer who "told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood."  This argument ignored the fact that the cruise line had already suspended the tour in question, the "Tropical Forest Hike and Beach" excursion, as previously reported in USA Today.  The Princess Cruises' website states: Tropical Forest Hike & Beach***Cancelled***

The Magistrate ruled that given Mr. Allen's previous convictions, "it is not wise to allow him to return behind the wheels." 

Was It Wise to Permit "Crash Dummy" Behind the Wheel In The First Place?

Cruise lines have certain legal duties to their passengers.  The cruise line must conduct an investigation into the safety procedures of the tour company and audit the tour's safety record.  This includes not only inspecting the excursion company's buses but inspecting the driving records of the tour company's drivers.  Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line.

Princess Cruises advertises the excursion bus going to the "highest peak in the Virgin Islands."

Why did the cruise line permit a driver - known in the community of Tortola as "Crash Dummy" and reportedly convicted of reckless driving - take cruise passengers through this steep mountainous terrain?  Why didn't the cruise line warn its passengers of these dangers before charging them $59 a piece for the excursion?

Credits:

Tropical Forest Hike and Beach         Princess Cruises

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