Cruise Passenger Rights and Wrongs - Interview With Maritime Lawyer Jim Walker

Over 14 years ago, I was interviewed by Linda Coffman who has a very nice and exceedingly polite blog called CruiseDiva. Ms. Coffman's Twitter handle is @CruiseDiva

It was my first interview by anyone as best as I recall, long before I was interviewed on Larry King Live and Greta Van Sustern and the endless cable news talking heads.  I was a heck of a lot skinnier and had a nice head of hair 15 years ago. What the heck, 1,000 or so cases later, I certainly know a lot more now than I did then.

I have always felt a great appreciation to Ms. Coffman for the thoughtful interview well over a decade ago. I have added a few newer photographs, but the article is re-printed verbatim below:

CRUISES . . .  LIKE NO OTHER VACATION IN THE WORLD

Things that go bump in the night happen. And when they happen on a ship, the horror of the possibilities are heightened. Who would have paid to see the movie Titanic if the ship hadn't sunk? No one embarks on a cruise expecting the worst and no major cruise line purposely puts their guest and ships in danger, but the unexpected and unavoidable can occur during any voyage. In my travels, I've been rousted in the middle of the night by a fire alarm, spent the day at a Red Cross evacuation center, and suffered the indignity of Norovirus--all on dry land.

Cruise divaPerhaps the idyllic and carefree perception of cruise vacations is as much to blame as anything for passenger discontent when the slightest out-of-the-ordinary incident crops up. Cruise lines tout their products as 'simply the best' and 'like no other vacation on earth.' Are they telling the truth? Absolutely. It's true--the worst day on a cruise is better than any day on land. Unless, of course, your ship is on fire, the plumbing doesn't work, or you're dead in the water with a tropical storm fast approaching.  

No cruise line or ship's officers would purposely put their passengers and vessels in harms way. That simply wouldn't make sense. Often decisions to change course and skip a port are beyond their control, particularly when Mother Nature is calling the shots. And there are accidents. However, "unavoidable" is not much consolation to a cruising couple celebrating twenty-five years of marriage on the second honeymoon of a lifetime. 

Distracted by glamorous photos or dreams of moonlit walks on deck and midnight buffets, few passengers take the time to read the fine print, either in the cruise brochure or their ticket. Even if they do read it, the legal language can intimidate the average person.  

For an explanation of passengers' rights and assistance in translating the "contract of carriage" (cruise ticket), I turned to James M. Walker.  A specialist in maritime law, Mr. Walker is a member of the Miami Cruise Ship Lawyer - Miami Florida Maritime Law Association and serves on the Admiralty Law Committee of the Florida Bar. In addition to having the unique perspective of representing both cruise lines and passengers, he has handled cases for clients throughout the United States, Canada, Europe, and South America.  

Mr. Walker graciously answered my questions, providing insight into passenger rights and what to do if things go terribly wrong on your vacation. 

How did you become involved in maritime law involving cruise ships? 

I grew up in a port city and our family traveled a lot. Our vacations seemed to revolve around the water - a trip down the Rhine, vacation in Malta, sailing in the Mediterranean Sea, and so on. I have always had an interest in the water. This turned into an interest in maritime law once I started law school at Tulane University, which has a pretty good maritime curriculum. Once I moved to Miami, rightfully called the “cruise ship capital of the world,” I joined a large firm which defended some of the larger cruise lines.  

Now that I am exclusively representing passengers and crew employees, I find myself traveling again on a regular basis. My practice provides me with the opportunity to travel to beautiful places like Vancouver and London, as well as small towns across the heartland of the United States, to meet with our clients.

What are your thoughts as a maritime lawyer regarding the collision involving the Norwegian Dream in the English Channel and the fire aboard Carnival’s Tropicale in the Gulf of Mexico some time back? 

These incidents raise important questions whether the cruise lines are devoting sufficient resources to protect passengers’ health and personal safety. Unfortunately, these mishaps are not isolated incidents. 

Cruise ship fireTake the fire aboard the Tropicale. 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. 

Before the Tropicale fire, Carnival’s Ecstasy caught fire the previous year. Between those two incidents, the Sun Vista ignited off of the coast of Malaysia and 1,000 passengers found themselves in lifeboats in the Straits of Malacca. The video images of the Ecstasy on fire off of Miami Beach are hard to forget, but few people remember that the Ecstasy caught fire in 1996 as well. Carnival‘s experience with ship fires is not limited to the Tropicale or the Ecstasy. Remember the fire aboard Carnival’s Celebration in 1995 which forced 1,700 passengers to evacuate? All of this, and more, occurred in just four years.

Cruise ship fireAfter each incident of this type, the cruise lines immediately offer a reimbursement of some type and, perhaps, a free cruise. Inevitably, the story becomes old and everyone - including the cruise line - forgets about what happened, until the next collision, fire, or other mishap occurs.

A LOOK AT COMPENSATION

What do you think of the practice of some cruise lines offering free cruises to “compensate” for these type of mishaps?

It’s a good start, but is it adequate compensation? Lets look at the “cruise from hell” stories from the Tropicale. These passengers included families who brought their minor children aboard, couples honeymooning, or elderly citizens who used their limited savings for a relaxing vacation. Through no fault of their own, these nice people quickly found themselves in a nightmare - drifting in the Gulf of Mexico, nauseated, with a tropical storm approaching. Carnival’s offer of a full refund and a free cruise is a good idea, but is it adequate remuneration for their experiences? Does this reflect a greater commitment to safety, or just a more savvy public relations department?

The cruise lines are more likely to offer free cruises now than just a few years ago. Compare Carnival’s approach today with its attitude just a few years ago. In 1996, hundreds of passengers became sick and frightened when highs seas rocked the Tropicale as Hurricane Roxanne approached. 600 passengers signed a petition for a full refund. They believed that the captain threatened their safety by taking the cruise ship too close to the hurricane. Carnival responded with a $40 shipboard credit to make up for port charges on the missed ports in Grand Cayman and Cozumel. Does anyone really think this was sufficient compensation? Or was this just a public relations nightmare?       

Do you have any feel for how the passengers themselves regard these offers? 

Some passengers appreciate the “full-refund-plus-a-free-cruise” offer. But many people are not satisfied. The last thing they want to do is to step foot on a particular cruise ship again. 

Cruise law Of course, the debate of a “free cruise or not” ignores the real issue of passenger safety. The important question is whether the cruise industry is devoting adequate financial resources to make their fleet as safe as possible for families and their children. Things like state of the art sprinkler systems, sophisticated security monitoring, and vigorous background checks on their employees.

Remember, this industry earns literally billions each year in profits, and pays less than one percent in U.S. taxes by registering their vessels in Liberia and Panama. The notion that the traveling public should be happy with a free cruise and a tote bag trivializes the fundamental issue of protecting the precious lives and personal safety of millions of passengers every year.

What is the most common complaint you hear from a cruise passenger?

There are two general types of complaints. The first is what I call the “disappointed expectation” complaint. A passenger becomes disappointed because he or she feels that the service was poor, the weather was bad, their cabin had too much engine noise, or something like this. These type of complaints generally do not belong in a courtroom.

The second type of problem is when a passenger has been injured aboard the cruise ship, due to an accident, food poisoning, or an assault. The most common situation is when a passenger slips on a deck, trips on an elevated threshold, or falls down a flight of stairs. It happens on every cruise.

The most common complaint we hear is when a passenger writes to the cruise line regarding a particular problem, and does not receive a response after several months. Most passengers who contact us are not the least bit “lawsuit-minded.” Yet, they find themselves frustrated by the cruise line’s lack of response after they return home.

What are some of the interesting cases you have handled?

When we defended several of the cruise lines in Miami and Fort Lauderdale, we saw virtually every imaginable type of claim. Of course, with more than five million people sailing on cruises from U. S. ports each year - and everyone attempting to escape from reality - there are a lot of unrealized dreams which turn into strange lawsuits. Single women sue claiming that there were not enough single men aboard the cruise ship. The next week, single men sue claiming that there were not enough single women.

My favorite story involves an elderly widow from Miami Beach who loved to sail aboard from Miami at least three times a year. Unfortunately, she would trip or slip or fall every other cruise. She would file suit every year in December and then try to settle the case as soon as possible for at least two free cruises - first class no less. She still sends me a holiday greeting card every December. 

You would agree that there is no constitutional or absolute right to a perfect vacation or cruise?

True.

So what are the types of things which go wrong that are not the cruise line’s responsibility?

Most problems which fall into the “disappointed expectation” category are not the cruise maritime lawyerline’s legal responsibility. An example would be when cruise lines change the itinerary and the passengers miss a popular port.

The courts determine whether a cruise line is legally responsible to a passenger by reviewing the terms of the passenger ticket. I saw one judge literally pull out a magnifying glass to read the fine print buried in the ticket. The passenger invariably loses when this occurs, which is not surprising. The cruise lines have spent considerable effort drafting language which protects them from virtually every imaginable situation. The exception is when a passenger has been injured or assaulted - there is a federal statute which prohibits cruise lines from limiting their liability in these circumstances. However, this exception may not apply if the cruise ship does not call on a U.S. port. 

Cruise lines reserve the right to change their itineraries at their discretion. Do passengers have any right to compensation or a refund (other than port charges) if such a change is made?

No, based on the “fine print” in the ticket. For example, Royal Caribbean’s language says that it “may at any time and without prior notice cancel, advance, postpone or deviate from any scheduled sailing or port of call.” As a public relations gesture, some cruise lines offer $100 or so for missing a port. But this is dependent entirely on the cruise line; they hold all of the cards in these type of situations. 

Theft from staterooms is pretty uncommon on cruise ships, but if something disappears mysteriously from my cabin, what recourse do I have?      

Virtually none. Again, most tickets limit the cruise line’s liability for theft. Carnival excludes any liability for money, jewelry, or other valuables “left lying about the vessel or cabin.” This Cruise attorneyseems reasonable enough. But even if the cruise lines is negligent, there is a $100 limit of liability for lost valuables, and a $500 limit if the valuables are deposited in a safe-deposit box in the purser’s office and then lost or stolen. 

One reported case involved a passenger who reported the loss of several hundred thousands of dollars in jewelry. The court dismissed the case based on the language in the passenger’s ticket limiting the cruise line’s liability to $100. My only advice is to leave your priceless jewelry at home, or buy insurance before you sail. 
 
STEPS TO A RESOLUTION
 
Before seeking the assistance of an attorney, what steps should a passenger take to resolve a claim?

First, read your ticket and take steps to protect your rights! Passengers who are injured have to send a letter to the cruise lines within a short period, usually six months, advising the cruise line that they intend to seek compensation. Also, passengers have a very short period - usually only one year - in which to file suit when they have been injured. If they are one day late, they lose their right to seek compensation.    

When a passenger is injured on a cruise ship, what proof should they present to substantiate a claim for personal injury?

Of course, not all injuries are compensable. There are two issues to consider. The first issue is liability - it is the passenger’s burden to prove that the cruise line is legally responsible for the accident. The second issue is damages - medical expenses, lost wages, and other intangible losses caused by an injury. This issue is simple; keep receipts of all of your out-of-pocket expenses, insurance claims, and medical bills. Be sure to request your shipboard medical records before you disembark. The cruise lines will usually try to put you off the ship without them, but remember - these are records of your health, and you are absolutely entitled to obtain a copy before you leave. 

The most important issue is liability. A passenger will need proof that the cruise line was negligent. First, passengers have to establish that there was a danger aboard the ship, such as an unexpected step-down without any warning signs. Secondly, they must establish that cruise lawyerthe cruise line knew or should have known of the hazard, yet failed to correct the hazard or warn passengers of the danger. This is often quite difficult to establish.  

As a practical matter, passengers need to take photographs and video of the accident scene, take notes and document what occurred, and record the names and addresses of all witnesses. In seventeen years of practicing law, I have never seen a cruise line respond to a passenger’s complaint by saying “yes, we are responsible - sorry, here is your check.” Cruise lines are not in the business of giving away their money. You have to be prepared to fight for what you are entitled.   

What is the most important thing for a passenger to remember if they intend to seek compensation from a cruise line?  

Don’t forget the one year limitations period! Many cruise lines correspond, quite pleasantly, back and forth with passengers regarding their claims. They invite the passenger to submit medical reports. A month or two later, they request other documents, implying that additional information is necessary to evaluate the claim. The cruise lines never mention the one year limitations period, but they know that the clock is ticking away on the passenger’s rights. On the 365th day, when the limitations period has expired, they notify the passenger that the claim is barred. I cannot tell you how many times passengers contact us after the one year period has expired. The ball game is over! There is very little we can do at this point.

Could you explain what steps you take to negotiate a resolution between a passenger and a cruise line?

If we believe that the cruise line is at fault, our approach is always to send correspondence to the cruise line’s risk management department and attempt to establish a dialog.  

Cruise lawyerMany lawyers by-pass the negotiation stage and file suit immediately. This is not always in a passenger’s best interest. The passenger usually lives in a distant state or in Canada or Europe. All cruise lines require that the lawsuit must be filed in a certain city, such as Miami. The passengers will therefore have to travel to Miami to appear for a deposition and for trial. Over 90% of our clients live outside of Florida, and over 30% live abroad. It is expensive to travel to and from Miami, and these expenses usually cannot be recovered from the cruise line even if they are found responsible.     

We therefore try to make a good faith effort to present our client’s case efficiently, and to submit the medical documentation necessary for the cruise lines to make a reasonable offer without the necessity of a lawsuit. Certain cruise lines offer fair compensation in meritorious cases. Other companies play “hard ball” on every claim. They will not offer anything until the lawsuit is filed and the trial date is approaching.

When all else fails and a lawsuit is the last resort, how long can a passenger expect the process to take?

It depends from jurisdiction to jurisdiction. In Florida, it can take a year to two years before the case is tried. Then there is the potential for another year if an appeal is taken. Patience is a desirable trait to develop.

Is there anything you’d like to add?

We hope that your readers have a safe and enjoyable cruise. 

 

Photo Credits 

Linda Coffman   Ms. Linda Coffman

Sun Vista cruise ship      Sun Vista "Were You There?" website

 

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Comments (2) Read through and enter the discussion with the form at the end
Linda - December 26, 2012 11:55 AM

I had no idea our interview was that long ago, Jim. Nor did I know that it was your first and that I was Greta's warm-up act.

We were both younger, thinner, and had better hair back then :)

Best holiday wishes, Linda Coffman

Jim Walker - December 26, 2012 3:54 PM

Hi Linda: You still look great. Thanks again for the interview! Regards and Season's Greetings. Jim Walker

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