Tortola Tourist Board - Let Cruise Excursion Bus Story "Die Naturally"

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."

Tortola Excursion Bus Accident - Princess CruisesI'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.

Cruise Excursion - Princess Cruises - TortolaWe 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 . .

Tortola - Cruise Bus - Crash Dummy - Princess CruisesCould 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    

 

Did Princess Cruises Check the Driving Record of Excursion Bus Driver, Crash Dummy?

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 Tropical Forest Hike & Beach - Princess Cruises - Cancelledargument 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

Monster Waves Hit Louis Majesty Cruise Ship

Three 30 foot waves crashed into the Louis Majesty cruise ship in the Mediterranean Sea on Wednesday.  Two passengers died. 

The Greece-based Louis Cruise Lines ship was north-east of Barcelona, Spain, heading east to Genoa, Italy when three "abnormal" waves struck the vessel.

The waves smashed windows in public areas.  CNN reported that the deceased passengers included a German man, 69, from North Rhine Westphalia, and an Italian man, 52, who was traveling with his family.

Fourteen others were treated aboard the cruise ship for injuries, and were hospitalized when the ship returned to Barcelona on Wednesday night.  One passenger sustained two broken legs in the incident.

 

 

The last "rogue" wave case involved Norwegian Cruise Line's Dawn cruise ship in 2005.  The NCL ship was hit by a 70 foot wave, breaking cabin windows and flooding over 60 cabins.  Another maritime lawyer in Miami sued NCL, alleging that the cruise line endangered its passengers by trying to sail through rough weather so that the cruise ship could arrive back in port in time to be filmed in Donald Trump's Apprentice television show. 

NCL denied these allegations, and a jury decided in NCL's favor. 

March 5, 2010 Update:  See updated article: President of International Cruise Victims Questions Cruise Passenger Safety - Louis Cruise Lines No Stranger to Disaster

 

TIME Magazine:  "The Cruise Ship Disaster: How Do 'Rogue Waves' Happen?"

 

 

Credit:

Video      CBS News

 

How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?

In an article entitled "Taxi Driver Granted $60,000 Bail - License Suspended," BVI News in Tortola, British Virgin Islands (BVI) reports that the driver of the Princess Cruises excursion bus arrested for reckless driving and causing death by reckless driving has been offered bail in the amount $60,000.  The Magistrate set bail of $25,000 cash and a $35,000 surety.

BVI citizen Roland Allen was arrested following the crash of a bus carrying cruise passengers from a Princess Cruise ship on an excursion into Tortola. The accident occurred as the cruise excursion bus was descending a very steep road called "Windy Hill Road." 

Roland Allen - Crash Dummy - Tortola - Princess CruisesThe Magistrate suspended Mr. Allen's license, pending the outcome of his trial regarding the death of cruise passenger Aaron Rumphrey who died in the crash.  

The BVI News reports that Mr. Allen's next court appearance is March 25, 2010.

"Crash Dummy" Arrested For Theft?

BVI News previously reported that the excursion bus driver is known as "Crash Dummy," a nick-name Mr. Allen apparently obtained before the fatal cruise excursion bus accident.

An online "Police Blotter" indicates that "Roland Allen of Baughers Bay" was arrested for theft in July of last year.  There are no details online available to explain the nature of the alleged theft, or how the charges were resolved. 

The comments to the online reports refer to Mr. Allen as "Crash Dummy," suggesting that Mr. Allen's reputation as a "crash dummy" existed before the terrible cruise line excursion accident. 

How Did "Crash Dummy" Earn His Nick Name?

The question remains how and when Mr. Roland earned the unenviable label of being a "crash  dummy?"  Has the cruise excursion driver been involved in other accidents?

A clue may be found in the comments of a reader of the BVI News:

"When you hire a driver that you know (or should know) is a reckless driver, he has been involved with the law several times because of his driving habits and you know that around town his name is "Crash Dummy", and you have not informed unsuspecting customers by placing a sign on the bus "Ride at your own Risk, Dangerous Driver" then you are as guilty and responsible for the outcome and should be in Balsum and your company shut down immediately. You, the driver and the BVI Government share the responsibility for this travesty and the lawsuits will be piling up, no doubt."

Why Did Princess Cruises Permit Cruise Passengers To Be Driven By "Crash Dummy?"

It is an understatement to say that it is reckless for the cruise line to herd unsuspecting cruise tourists into a bus without seat belts to be driven over a steep hill by a driver called "Crash Dummy" with a police record and apparently a history of driving violations.

Mr. Allen's driving record and police history will become a focus of investigators.  We will be discussing this outrageous situation created by Princess Cruises in our next blogs.

A Hero or Villian? 

Another newspaper in BVI, the BVI Beacan, reports that the prosecutors in Tortola intend to prove that Mr. Roland was driving recklessly.  The newspaper quotes the prosecutor saying: 

“The vehicle started to accelerate and despite efforts, the driver was unable to bring the vehicle to a stop . . .  We are claiming that his driving was reckless because he was going at a speed at which he was unable to control the vehicle . . . a loud screeching was heard from the brakes . . .  [Mr. Allen] ought to have known” about any problems with the excursion bus.

However, Mr. Allen's defense lawyer argued to the Court that when his client "started down the hill, he put the bus into second gear but realised there were no brakes. He tried pumping the brakes but the vehicle sped down the hill, not because of Mr. Allen’s actions, but because it was heavy with the tourists’ weight."

“He had no alternative but to put the bus in those ruins. If he’d done anything else he would have gone off the hill. He should be commended.”

Costa Europa Collides With Pier in Egypt - Three Crew Dead, Passengers Injured

Newspapers are reporting that the Costa Europa cruise ship collided with a pier in Sharm el-Sheikh, Egypt yesterday.  The collision ripped a hole in the hull of the ship and flooded a crew cabin, resulting in the death of three crew member who, unidentified, are described as "an Indian, a Honduran and a Brazilian."  (Technically speaking, when a vessel strikes a pier, it is called an "allision" - "collisions" occur between vessels). 

Costa Europa Collision - Egypt - Passenger and Crew Injury and DeathFour other people were injured.  Some reports indicate that another crewmember and three British women passengers were injured.  Other newspapers say that four passengers were injured. 

Pursuant to the terms of the passenger's cruise tickets, if the passengers need to make a claim for medical expneses and compensation, they are required to make their claim in Fort Lauderdale, Florida. 

Cruise line officials are quoted as saying that "strong winds" pushed the cruise into a pier as it tried to dock at the port.

It seems that every time a cruise ship hits a dock, the cruise lines blame it on the wind as opposed to poor seamanship at the helm.   

The cruise ship was sailing on an 18-day cruise from Dubai to Savona.

The photographs of the Costa Europe show the vessel listing heavily on its port side, in order to keep water ouring into the large opening on the starboard side. 

A photograph of the extensive damage to the crew quarters in shown is an article in the U.K. Sun newspaperCosta Europa - Damage to Crew Cabin - Collision

The passengers were disembarked, and Costa Crociere is arranging for them to be flown back to their countries of origin.

 

Credits:

 

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

Damage to crew cabin of  Costa Europa - U.K. Sun Newspaper

 

 

 

Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident

In our first article regarding the excursion tour bus accident in Tortola, we explained that while Princess Cruises sent "customer care" representatives to the island to meet with the survivors of the crash - the cruise line also sent Miami defense trial lawyers to defend the cruise line's interests. 

The Cruise Line Gets Lawyered Up

The attorney heading up Princess Cruises' defense is Jeffrey Maltzman from the Maltzman Foreman law firm in Miami. Mr. Maltzman is an experienced and skilled trial lawyer who routinely defends cruise lines and excursion companies in high profile trials. 

Jeffrey Maltman - Cruise Line Defense LawyerMr. Maltzman is best known for his successful defense of Cunard Line and Fun Water Tours following the crash of an excursion truck in Tortola British Virgin Islands (BVI) in November 2005.  The case  is highlighted in an article appearing in the National Law Journal entitled "Defense Team Found the Needle in the Haystack." 

The article explains that 8 cruise passengers from Cunard's Queen Mary 2 visiting Tortola were injured when the brakes of the excursion truck failed, causing the vehicle to crash in the side of a mountain.  The issue of the brake failure and whether the excursion company and cruise line knew of the brake problem were the central focus of the trial.  As the article explains, millions of dollars in compensation were at issue.    

Although the article explains that "odds were overwhelmingly against" the cruise line at the beginning, Mr. Maltzman and his partner, Jeffrey Forman, successfully defended the case.  Mr. Foreman is quoted as saying "there's a saying that pigs get slaughtered . . . If you make them look like they're greedy . . .  that usually has an impact.  So we tried to paint them as greedy, exaggerating, malingering."  The tactic worked, as the jury decided against all of the cruise passengers and Mr. Maltzman won a defense jury verdict for the cruise line and excursion company.  

Princess Cruises Denies Brake Malfunction?

Mr. Maltzman has been on the Caribbean Princess cruise ship this week interviewing the passengers injured in the latest excursion crash in Tortola.  His firm has what is called an "Emergency Response Team" where defense lawyers are scrambled to respond to cruise disasters.

Some passengers suggest that a "customer care" representative from Princess and Carnival introduced Mr. Maltzman as an "independent investigator" (although Mr. Maltzman identified himself as a lawyer for the cruise line).    

Tortola Excursion Bus Accident - Princess Cruises - Brake Failure?Mr. Maltzman is reportedly telling some of the passengers that the tour bus' air brakes were checked out by investigators and no problems were discovered.  It is less than clear whether the investigators were retained by the police or the defense lawyers on behalf of the cruise line. 

The defense strategy is already taking shape - the cruise line will deny that the accident was due to brake failure or any defect in the excursion bus or, if there was a problem with the brakes, neither the driver nor the excursion company or cruise line knew about it beforehand.  Princess Cruises will argue that it should not be responsible because this was just an isolated incident due to the momentary carelessness of the bus driver. 

Or in other words, the bus driver may turn out to be the "fall guy."

The Bus Driver Gets Lawyered Up

BVI Platinum News, which is providing excellent coverage of this tragic accident, reports that the bus driver, Roland Allen, retained a defense lawyer, Stephan Daniels.  BVI News reports that Mr. Allen is also known as "Crash Dummy."   

Roland Allen - Bus Driver - Tortola Excursion Accident - Princess CruisesMr. Daniels appeared in Court yesterday in an effort to try and get his client out of jail, following his arrest two days ago.  In an article entitled "Mechanical Problems May Have Caused Tuesday's Accident,"  BVI News describes what the bus driver's lawyer argued to the Court:

"Daniels told the court that his client was not aware that there was a brake malfunction when he was going down the hill, however as he applied the brake, he realized that it had failed.

Further, Daniels told the court that once Allen realized what was occurring, he tried his best to avoid the accident by gearing down, while attempting to brace the vehicle to the side of the hill to slow down the bus.

Daniels explained that the vehicle collided with the foundation of a church ruin and toppled. The Lawyer said that if this was not done, the accident could have been worse.

He said that it was clearly a mechanical malfunction that resulted in the accident and his client was not reckless."

The Court nonetheless declined to release Mr. Allen, but will consider the matter further at a hearing on March 2nd.

The Cruise Continues

Although none of the passengers have even ended their ill fated cruise, the defense lawyers for the cruise line and bus driver are posturing to defend their clients.  Princess Cruises has an excellent lawyer in Mr. Maltzman who has won this type of case before.  The bus driver should hope that his defense lawyer is equally talented.

 

Credits:

Jeffrey Maltzman       Superlawyers

Excursion Bus           BVI Platinum News

Roland Allen             BVI Platinum News  

Princess Cruises Passenger is Remembered as an "Easy, Gracious Man"

13WHAM in Rochester, New York has a story on Aaron Rumphrey, who passed away during a shore excursion in Tortola, British Virgin Islands.  He had been cruising with his parents.  Written by Elizabeth Schubert, the article is entitled "Easy, Gracious Man."

Aaron RumphreyMr. Rumphrey attended classes at the Cobblestone Arts Center in Farmington, New York. His teachers and friends there remember him as "just a sweet young man." 

The director of the center is quoted as saying that Mr. Rumphrey "was very creative, loved stories, creating stories, had a great sense of humor. He would always make jokes with the other students."

The article also mentions that the center is planning a tribute for Mr. Rumphrey, and may create a scholarship or name a dance studio at the center after him.

 

 

 

Credits:

Article                              Elizabeth Schubert 

Photograph                   13WHAM Rochester, New York

Family of Kipi Holcomb: No Foul Play In Death of Carnival Cruise Ship Passenger

KHOU.com from Houston, Texas reports that the parents of Kipi Holcomb do not believe that their daughter's death on the Carnival Ecstasy cruise ship was the result of foul play or that her boyfriend, Jeffrey Aaron StultzKipi Holcomb - Aaron Stultz - Death - Carnival Ecstasy Cruise Ship, had anything to do with her passing.  

In an article entitled "Family: No Foul Play in Carnival Cruise Ship Passenger's Death," FBI Special Agent Shauna Dunlap is quoted as saying that the investigators haven’t found any reason to suspect foul play.

Ms. Holcomb’s family is disturbed that there is a cloud of suspicion cast over their daughter’s boyfriend, Mr. Stultz, and they want to dispel rumors that he had anything to do with the young woman’s death.

"I don’t want any suspicion cast on Aaron at all," said Sharron Holcomb. "As far as any earthly party having anything to do with her death, absolutely not."

The Holcombs also believe that Carnival mistreated Mr. Stultz aboard the cruise ship. The newspaper reports that "according to the Holcombs, once Aaron found their daughter lifeless and called for help, he was taken to what they described as a blood-stained room. They said he was locked inside and wasn’t allowed to make a phone call. 'They treated him like he was guilty,' said Sharron Holcomb."

The Holcombs said that while they don’t know how their daughter died, they’re confident foul play wasn’t involved.

The KHOU.com story was compiled from information from by Courtney Zubowski / 11 News, T.J. Aulds / The Daily News  and John Tompkins / The (Brazosport) Facts. 

In a previous article, we reported on the wildly conflicting stories surrounding Ms. Holcomb's death in an article entitled "FBI Investigating Death of Passenger Kipi Holcomb on Carnival Ecstasy."  One local newspaper reports that there were clear signs of foul play involved, but this conclusion appears questionable at this point.

A local news channel in Texas also reports "Family: No Foul Play in Cruise Ship Death" and has a number of photographs of Ms. Holcomb.

The medical examiner in Galveston will be conducting toxicology tests to arrive at a final conclusion regarding the cause of death.

 

 

 

 

Credits:

Photograph            Facebook

Video                        KHOU.com

FBI Investigating Death of Passenger Kipi Holcomb on Carnival Ecstasy

Kipi Holcomb - Death - Carnival Ecstasy  Multiple new sources are reporting that the FBI is investigating the death of a 32 year old woman from  Brazoria County, Texas aboard the Carnival cruise ship Ecstasy

Kipi Holcomb was sailing with who is described as either her fiance or her newlywed husband, whose identity has not been revealed.  Most news sources call the death "mysterious," although the Police News website in Galveston is reporting the death as a murder.  According to the Police News:

" . . .  a 32-year old Brazoria County woman and her fiancee set sail earlier this week from Galveston and she was dead when the ship docked in Mexico.  FBI Agents went to Mexico to conduct an investigation.  It was reported that the woman had been beaten to death and the primary suspect is the man she married aboard the ship.  Although FBI spokesmen have called the investigation routine, it is reported the woman's death was a homicide. The Galveston County Medical Examiner will perform an autopsy and issue an official ruling in the death."

This sketchy article does not identify who, if anyone, stated that physical violence was involved or concluded that the death was a homicide.

However, another news source suggests that there were no signs of foul play whatsoever.  A local newspaper in Galveston, TheFacts.com, writes that:

"FBI Agent Pat Villafranca would release few details in the death of Kipi Holcomb, 32 . . . Holcomb’s body was found Monday on the Carnival ship Ecstacy, which set sail from Galveston on Monday, federal agents said. Her body did not have any visible signs of trauma, Villafranca said. An autopsy on her body began Saturday at the Galveston County Medical Examiner’s Office . . .  FBI agents boarded the ship at Progresso, Mexico, on Monday after Holcomb’s body was discovered, agents said . . . FBI agents said they do not suspect foul play in the death.

 

 

Ms. Holcomb apparently died last Monday and her death was reported to the cruise ship on Tuesday.  It is less than clear whether her body was removed when the cruise ship reached Mexico, or whether she was returned to Galveston.

No news source other than Galveston's Police News is reporting this as a murder.  The death of a healthy 32 year old woman is certainly unusual and the FBI rarely travels outside of the U.S. unless there is a reasonable basis to suspect that the incident involved a crime. 

If this is in fact a murder, it is the second such case on a Carnival cruise ship recently.  We previously reported on the death of a Carnival passenger last July aboard Carnival's Elation cruise ship.  Robert John McGill was charged with the first-degree murder and kidnapping of his wife, Shirley, who was beaten and strangled in their cabin.  Our article is entitled " Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case."  

A commentator to MyFoxHouston.com says that a scholarship fund has been established in Ms. Holcomb's memory:

Kipi Wiley-Holcomb Scholarship Fund
Brazosport College Foundation for Scholarship
500 College Drive
Lake Jackson, TX 77566

February 22, 2010 UPDATE:

A family member submitted a comment (below) and a video link from a local news station where the parents expressed the belief that the incident did not involve foul play.  

Galveston's The Daily News is reporting that the medical examiner's initial results indicate no external signs of foul play.  In an artice entitled "No Evidence of Trauma in Cruise Ship Death," the newspaper writes:

""An initial forensic examination of a woman found dead aboard a cruise ship revealed no signs of traumatic injury, authorities said Monday.

Kipi Holcomb, 32, of Brazoria County was found dead Feb. 15 in her room after the Carnival cruise ship Ecstasy left its home port of Galveston.

Upon the ship’s return to Galveston on Saturday, the Galveston County Medical Examiner’s Office performed an autopsy, John Florence, a spokesman for the medical examiner’s office, said.

'There was no evidence of trauma in an initial look Saturday,' Florence said, noting the investigation would continue today.

The cause of Holcomb’s death will be determined pending a toxicology report, which can take from two to three weeks, Florence said."

For further updates, please read: "Family of Kipi Holcomb: No Foul Play In Death of Carnival Cruise Ship Passenger." 
 

   

Credits:

Photograph 1:                saltwatersportsman.com

Video:                               myfoxhouston.com

 

 

 

Carnival Passenger Dies During Paragliding Accident in Cozumel

A number of newspapers are reporting that a Carnival cruise passenger from Philadelphia died while paragliding during a stop in Cozumel.

Joseph Job (Sajan) - Carnival Cruise - Paragliding The South Asian Mail reports that Mr. Joseph Job (Sajan), age 40, was paragliding with friends in Mexico when his harness broke and he fell into the sea. 

Mr. Job was a native of Thrissur, Kerala and became a U.S. citizen.

The Web Malayalee newspaper indicates that Mr. Job is survived by his wife and daughters. 

Every year many cruise passengers are killed or seriously injured during excursions in ports of call.  We have seen many accidents involving parasailing, zip-lining, snorkeling, diving, and renting jet skis in Mexican and Caribbean ports of call.  Compounding the issue is the generally inferior medical and rescue services in these ports. 

It is unknown whether the paragliding excursion was advertised and sold by Carnival.  

Update: February 12, 2010:

Cruise Critic contains a comment by a reader that the passenger was from the Carnival Imagination cruise ship.  The reader was apparently the first one to notify the family and Carnival:  

"Incident happened at around 5:00 and Carnival reacted at 7:30 PM. We informed on the emergency number given on Carnival Capers. Carnival Imagination security team acknowledge that there local agent (emergency no. on Capers is of this agent) goofed up in Cozumel." 

 

Credit:

Photograph of Mr. Joseph Job (Sajan)               South Asian Mail

Costa Victoria Passenger Goes Overboard During Excursion

A newspaper in Brazil reports that a passenger from Costa Cruises' Victoria cruise ship went overboard during an excursion while the cruise ship was off the coast of Brazil between Río de Janeiro and Sao Paulo.

Costa Cruises - Costa VictoriaEntitled "Una Turista Argentina Falleció Cerca de Río," the article reports that the passenger was from Argentina.  She had taken an excursion boat with other passengers to go to a beach to snorkel and dive.  The passenger went overboard during the trip, and her body was found hours later.

No information was provided to explain how the passenger went overboard.  The passenger's name was not released.  The article indicates that Brazilian authorities will be investigating and a report is expected in 90 days.

 

For updated information, please subscribe by typing your e-mail address in the box to the bottom left, or sign up for a RSS feed.

 

Credits:

Costa Victoria          Wikimedia Commons

 

Antiguan Murder Suspect in Death Of Nina Elizabeth Nilssen Held Without Bail

The Antigua Sun newspaper in Antigua reports on the preliminary arraignment of Tishara Daniel who is charged with the murder of Nina Elizabeth Nilssen in Antigua.

The Antigua Sun contains the first photograph of Mr. Daniel.

Trishara Daniel - Antigua - Muder Trial - Nina Nilssen

The article contains rather bizarre details of the suspect's clothing and shoes and what is described as nervous fidgeting by the defendant.

Mr. Daniel was held without bail and sent to prison waiting trial.  His lawyer can petition a higher court for bail.

His attorney is identified as Dane Hamilton Jr.

This will be a trial which will receive a lot of attention in the U.S. over the course of the next year. 

We have had a number of clients victimized on cruise ships and in ports in the Caribbean.  Obtaining a guilty verdict involving a crime against a U.S. citizen in a Caribbean courtroom is not as easy as it may seem.  There are many talented defense lawyers throughout the Caribbean.

Don't underestimate a dedicated and experienced defense lawyer versus local prosecutors, for a second. 

Our experience has been that jurors are sometimes more sympathetic to the local island citizen than the U.S. victim.  Perhaps this sounds cynical, so be it.  

We hope that this is not the situation with this case. But without a doubt, this will be a long and exhausting process for the families involved. 

 

Credit:

Tishara Daniel               Antigua Sun

Letter of Thanks By Family of Nina Elizabeth Nilssen

The following is the statement of the Nilssen family, issued today:

We, the family of Nina Elizabeth Nilssen, welcome the news that the police force in St. George, Antigua Barbuda led by Corporal Marlon Proctor have arrested and charged Tishara Daniel of Sweets Village, Antigua with the murder of our daughter. We are thankful for your respect for our family's privacy at this difficult moment and will not be available for interviews. Our expectation is that the Antigua Barbuda justice system will convict and sentence this killer to the maximum punishment available.

During our horrific ordeal following Nina’s murder, the people of Antigua treated us with respect, grace, and kindness. We would like to thank the Antiguan Ministry of Tourism for their generous hospitality; Corporal Proctor and his team of investigators, Assistant Commissioner of Police Jacques Ouellette, and Deputy Commissioner of Police Neal Parker for their diligent work. Although we do not know their names, we would also like to express our gratitude to the witnesses for playing a big part in the capture of this murderer.

We are especially grateful to our home communities of Taos, NM and San Francisco, CA for the incredible outpouring of love and compassion during this difficult time.

Nina was an adventurer and a free spirit and she is now on the ultimate adventure.

We ask that those wishing to honor Nina send donations to the Peruvian organization ANDES (Asociación para la Naturaleza y Desarrollo Sosentible), which works for land rights Nina Nillsen - Donation - Q'eros - Perufor indigenous communities and promotes sustainable development in the Andes. They have set up the Nina Elizabeth Nilssen Fund which will provide resources for the Q'eros people, who were very special to Nina, and other indigenous communities to establish Vilcanota, the world's first spiritual national park, to forever protect their lands and traditions in the face of large-scale mining development and to share with visitors the serene and sacred beauty of the high Andes.

To make a donation in honor of Nina, please visit http://www.taoscf.org or mail your check to PO Box: 1925, Taos, NM 87571. For more information about ANDES, please visit  http://www.andes.org.pe.

 

 

 

 

Photograph of Ms. Nilssen                 San Francisco Chronicle (SFGate online)

Memorial Services Held for Nina Nilssen

Nina Nilssen - DonationsThe Taos News reports that memorial services were held this weekend for Nina Nilssen.

The newspaper states that "donations will provide resources for the Q’eros people and other indigenous communities to establish Vilcanota, the world’s first spiritual national park, to protect their land, traditions and the sacred beauty of the high Andes — a place of great joy for Nina Nilssen."

Donations should be made to the Taos Community Foundation in Ms. Nilssen’s honor.

Please mail your donations to:

Taos Community Foundation, P.O. Box 1925 Taos NM 87571.

 

 

 

 

Credits:

Photo of Ms. Nilssen         Nilssen family via Rivera Family

 

Antiguan Police Arrest Suspect in Death of Nina Nillsen

The police in Antigua arrested a suspect for the murder of Nina Nilssen who died January 19, 2010 after taking a tender from the Star Clippers' Royal Clipper cruise ship to Pigeon Point Beach.

According to a newspaper in Dominica, the police arrested a 24 year-old Dominican man, Tishara Daniel.  The Washington Post reports that the suspect was carrying Ms. Nilssen's camera when he was arrested. The newspaper also reports that the police have "what is believed to be the weapon" that killed Ms. Nilssen. 

Fox News reports that Mr. Daniel confessed to the murder.

Last week, Star Clippers announced that it will stop calling at Antigua.  Star Clippers chief executive officer Mikael Krafft announced that it will monitor the security situation in Antigua and evaluate the cruise line's options. 

Last year, Carnival dropped Antigua from its itinerary. We have reported in prior blogs that there has been a number of attacks on tourists in Antigua.

A video of the police's press conference (parts 1 and 2) announcing the arrest is below:

 

 

 

 

 

For information on this tragedy, we have the following articles:

Passenger From Star Clippers Murdered in Antigua

Travel Writers and the Ethics of Reporting Cruise News

Update on Death of Nina Nilssen - Royal Clipper Cruise

Controversy Surrounds Star Clippers' Response to Nina Nilssen Tragedy

    

Credit:

Police press conference                    Caribarena YouTube
 

Controversy Surrounds Star Clippers' Response to Nina Nilssen Tragedy

A controversy has emerged whether the officers of Star Clippers' Royal Clipper cruise ship acted appropriately following the death of passenger Nina Nilssen ashore in Antigua.

A travel writer who was sailing aboard the Royal Clipper criticized the handling of the tragedy in her Antigua - Nina Nilssen - Royal Clipper blog entitled:   "We spend tranquil days in Antigua and St. Kitts but these are overshadowed by the murder onshore of one of our passengers."  She felt that the officers were not forthcoming with information and the cruise line had no plans in place to handle the crisis.   

 Another passenger who was sailing on the cruise ship voiced sharp criticism of the Star Clipper organization, including the failure to warn of dangers ashore in Antigua. In the Antigua & Barbados online forum the passenger writes:

I was on board the Royal Clipper, the cruise ship that docked off Pigeon Beach where this passenger was killed. I can assure you that you commenters on this forum have showed more compassion and concern than was shown by the officers of this ship. After a day of rumors, the following announcement was made over the loudspeaker: "Today a family made an unfortunate disembarkation due to a missing family member." End of announcement, end of story. No warning had been given to any passengers that the area might be dangerous. Passengers were encouraged by ship personnel to use a back path between the beach and the marina, which I Antigua - Nina Nillsen - Star Clippersbelieve is where the body was found. I totally blame the Star Clippers Cruise Line for this tragedy. The next day on St. Kitts, the ship once again anchored off an isolated and un protected beach, with nary a word of warning to the passengers . . .

But the travel agent who booked the cruise for the Nilssen family had high praise for the cruise ship's officer in her comments to one of our articles:

Star Clippers have been on top of this from day one. They kept the members of the party that remained on the ship updated and treated them with kindness. The family that stayed at Antigua was treated with respect and understanding. Star Clippers assisted the family and has returned the fares of those remaining in Antigua . . .

 

We have written other articles on this tragedy:

Passenger From Star Clippers Murdered in Antigua

Travel Writers and the Ethics of Reporting Cruise News

Update on Death of Nina Nilssen - Royal Clipper Cruise

Anyone with information about this crime should contact the police in Antigua: The Criminal Investigations Department at 462-3913 or 462-3914, Dockyard Police Station at 460-1002.  (Area code 268)

Credits

Photograph 1  San Francisco Chronicle (SFGate online)

Photograph 2  Todd Trumbull / The Chronicle (via San Francisco Chronicle) 

Update on Death of Nina Nilssen - Royal Clipper Cruise

The U.S. national media has begun covering the sad story of 29 year old Nina Nilssen, who was killed in Antigua following the wedding of her sister a few days earlier aboard the Royal Clipper.

This is about the saddest story imaginable where Ms. Nilssen was murdered during a once in a lifetime wedding cruise involving her extended family. 

Ms. Nilssen is remembered as a musician and composer, and world traveler having gone trekking in South America and Mexico.  The San Francisco Chronicle quotes her friend, Iris Weiss, who grew up with Ms. Nilssen in Taos, New Mexico, commenting on the incongruity of her death: "she had traveled the world by herself and done all sorts of stuff that would seem more dangerous . . "

We commented on this tragedy in prior articles: Passenger From Star Clippers Murdered in Antigua and Travel Writers and the Ethics of Reporting Cruise News.  We have read both criticism and praise of the cruise line's handling of this matter on our blog.

Anyone with information should contact the police in Antigua: The Criminal Investigations Department at 462-3913 or 462-3914, Dockyard Police Station at 460-1002.  (Area code 268).

There are a number of national television stations which have covered this story, below: 

 

  

 

 

Travel Writers and the Ethics of Reporting Cruise News

Cruise Law News was the first in the U.S. to report on the death of  Nina Elizabeth Nilssen in Antigua on January 19, 2010.  The story was then quickly picked up by our followers on Twitter, such as CruiseCritic and CruiseLog.

Stories about crimes against tourists in Caribbean ports, as sad as they may be, serve an important purpose.  Many people have a false sense of security when they go on a cruise for a vacation get-away or a romantic honeymoon.  But the fact of the matter is that unlike sailing to Alaska, there is an increasing amount of violent crime in the Caribbean ports of call.  We have written about this problem, and the cruise industry's tendency not to warn passengers, in a prior article: "Crime in Caribbean Ports of Call Against Cruise Passengers."

Royal Clipper - Star Clippers - Passenger Death - AntiguaIn researching Ms. Nilssen's death, I ran across an interesting blog written by Cynthia Boal Janssens who is one the bloggers on the cruise website All Things Cruise.  Ms. Janssens is described as a "veteran cruise writer who is also a former president of the Society of American Travel Writers."   

Ms. Janssens was one of the passengers traveling on the ill fated Royal Clipper cruise in the Caribbean.  She wrote an article which mentioned  the wonderful wedding of  Ms. Nilssen's sister after the Royal Clipper sailed from Barbados. She described later taking a tender to the marina in Falmouth Harbour in Antigua.  She walked with her husband to the Pigeon Point beach where Star Clippers held a barbecue for lunch, followed by swimming and snorkeling from the beach. In her article "We Spend Tranquil Days in Antigua and St Kitts But Tragedy Upset Everyone," she commented:

Unfortunately, we learned this morning that a tragedy occurred late yesterday on Antigua and although I really don’t want to write about it, I feel I must. A passenger from our ship was found killed on the beach late in the day (not the part of beach that our group was on). The young woman had last been seen at 3:30 p.m. after being part of a snorkeling group. Of course, we do not know who perpetrated the crime and the ship was in no way connected to this reprehensible act.

Her family disembarked the ship that night and sailing was delayed by several hours. Word spread quickly through the ship yesterday morning about the crime although few specific details were known until later in the day. Just before dinner an announcement was made that a family had disembarked because one of their party was missing and asked that any passengers with information should report it to the police. Then we were asked for a moment of silence. All in our group felt that the ship’s officials should have been more forthcoming.

Nina Elizabeth Nilssen - Murder - AntiguaI think that this incident reinforces a fact of travel that we should never forget. That crime exists everywhere . . .

I was surprised  to read this because most travel writers tend to shy away from cruise horror stories.  Travel writers seem to double as travel agents or they don't want to offend the cruise lines which give them free cruises.  I thought to myself that All Things Cruise had done its readers a real service.

The article touched upon a real human tragedy in a sensitive and respectful manner while adding a warning, which perhaps the cruise line failed to provide to Ms. Nilssen in the first place.

I downloaded her article and tacked it on the bulletin board in my home office. 

So when I clicked back on the All Things Cruise website this morning, I was disappointed to see that the article had been re-written.  And the title had been changed to "We Spend Tranquil Days in Antigua and St. Kitts."  There was no mention of Ms. Nilssen's murder or any criticism of the ship's officers. The "tragedy" disappeared.  It is as if the murder didn't happen. 

A "tranquil" day in Antigua? 

Dear God. A young woman had just been murdered and her family devastated. "A tranquil day?"

I do not know Ms. Janssens.  She undoubtedly is a nice and caring person.  But why did her story change?  Did the cruise line ask her to change it?  Why did she decide that the story that she felt compelled to write and her warning to cruisers were no longer needed?  

The cruise industry's reputation has taken a beating over the years. Cruise lines create the fantasy of care-free vacations and romantic honeymoons in order to sell tickets. But they lack transparency and candor when things go terribly wrong. Travel writers who ignore the murders, rapes, and violence in the Caribbean ports are not doing the cruise industry a favor.

And they are providing a grave disservice to the next unsuspecting family who decides to buy a cruise to the Caribbean. 

UPDATE (January 25, 2010 afternoon):

Ms. Janssens' article has reappeared and is now entitled:  "We spend tranquil days in Antigua and St. Kitts but these are overshadowed by the murder onshore of one of our passengers."  Ms. Janssens also indicates in her article that she will be writing about how the incident was handled by the cruise line.

UPDATE (January 28, 2010 morning):

I spoke to Ms. Janssens and she left a short comment (below) explaining the situation.  As it turns out, her publisher took out certan paragraphs of her blog without her knowledge. When she realized what happened (she had been traveing) she insisted that the information be re-posted.  There is no indication that the cruise line had anything to do with the story be re-written. 

We appreciate hearing from Ms. Janssens and setting the record straight.    

 

Credits:

Royal Clipper                 All Things Cruise

Police in Antigua          Antigua Sun  "Police Hunt for Killer"

Another Death on a Royal Caribbean - Atlantis Cruise

A newspaper in the Cayman Islands is reporting that a 37 year old passenger aboard Royal Caribbean's Liberty of the Seas died during an Atlantis sponsored cruise.

Atlantis - Royal Caribbean - Cruise - DeathThe local newspaper carries the sensational headline: "Body Found On Gay Cruise Ship."  The cruise ship had been chartered by Atlantis Events, which organizes parties for the gay community.

The cruise was billed as the Liberty Gay Cruise - the World's Largest All-Gay Cruise

The local police in the Caymans apparently issued a statement to the effect that "there would appear to be no suspicious circumstances surrounding the death."  This is a ridiculous statement.  Perhaps there is no evidence of a murder, but clearly a death of a 37 year old man healthy enough to go on a vacation cruise is inherently suspicious. 

The Advocate also reports on this latest death.

Previously, we reported on the death of another passenger aboard a Royal Caribbean - Atlantis cruise in October 2009. Spencer Yu, an attorney for Warner Brothers and a board member of the Gay and Lesbian Alliance Against Defamation ("GLAAD"), died on the Mariner of the Seas. There is speculation that Mr. Yu, also a young man of  only 46 years, may have died of a drug overdose during the cruise.

Commenters on the gay community blogs Queerty and JoeMyGod bickered about the use of drugs during Atlantis sponsored events. Whether Mr. Yu's death is drug related is unknown to us.  

It has been our experience that cruise ships are not the place to have a medical emergency, whether you are gay, lesbian, transgendered, or straight.  Cruise ships are often characterized by the questionable experience and training of the shipboard doctors and staff and the limited nature Rich Campbell - Atlantis Events - Gay Cruise - Royal Caribbean - Deathof the ship's medical facilities. Are cruise ships equipped to handle medical emergencies which occur during Atlantis parties?  Does Atlantis discuss the use of drugs and the foreseeable risk of a drug overdose with the cruise line to make certain that there are properly trained medical personnel to respond to emergencies?

The Atlantis cruise parties are organized by Rich Campbell who is quoted in a recent article saying: "There’s no turning back. Once you sail, if you forget something, you’re screwed!" 

There doubtlessly will be speculation regarding the cause of this most recent cruise death and the connection to the Atlantis organization.  Is this recent death just a coincidence to the unfortunate death of Mr. Yu on another Royal Caribbean - Atlantis cruise? 

The skeptic in me says there are no such coincidences in life, or in death. 

 

 

 

Credits:

Newspaper            CompassCayman.com

Rich Campbell       Caribbean Net News "Rainbow Welcome for Gay Cruisers in the Cayman Islands"

Video                      Cayman Islands News 27

Crew Member Found Dead on MSC Musica Cruise Ship - Murder or Suicide?

A crew member aboard the MSC cruise ship Musica was found dead in her cabin, according to numerous news sources today.

Camila Peixoto Bandeira, 28, was reportedly found in her cabin by another crew member, a Camila Peixoto Bandeira - MSC - Musica - Murder - Cruise Shipbartender, who also worked aboard MSC's Musica (photo left).  He is identified as either her husband or boyfriend.

One article in Portuguese entitled "Polícia Federal Investiga Morte de Tripulante em Navio" (Federal Police Investigates Death of Crew Member in Ship) reports that Ms. Bandeira's "husband" allegedly found his wife in their cabin, claiming that she may have committed suicide by hanging herself with a sheet from an overhead pipe. The story in the article is that he went to work in the morning around 7:00 a.m. and returned shortly before 10:00 a.m. to find Ms. Bandeira dead. 

However, the article also reports that the Master, staff captain, and ship doctor suggest that the case may have involved a murder by strangulation. 

Another article entitled "Bartender é Encontrada Morta em Navio" suggests that Ms. Bandeira's body was found by her boyfriend, identified as Polish crew member Souza Bicalho. This article also reports that he claims that she hung herself with a sheet, although the cruise ship officers apparently did not locate a sheet in the cabin.

The incident occurred on Sunday, January 10, 2010 while the cruise ship was in Port of Santos in Brazil. The newspapers also suggest that the couple allegedly had a history of quarrels.

The police in Brazil are investigating the incident.  They are waiting for toxicology tests and a medical examiner's report.   

 

Credits:        Lucas Latreche

Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case

Robert John McGill - muder - Carnival Cruise Ship ElationThe San Diego Union Tribune reports that federal prosecutors are considering seeking the death penalty against a passenger who is charged with beating his wife to death while on a Carnival cruise last summer.

The newspaper reports that the U.S. Attorney’s Office in San Diego charged Robert John McGill with first-degree murder and kidnapping of his wife, Shirley.

Mr. McGill is charged with beating his wife to death in their cabin aboard the Carnival cruise ship Elation on July 14, 2009. The newspaper reports that court records quote witnesses as saying Robert McGill appeared extremely intoxicated - not an uncommon occurrence on cruise ships.

Mr. McGill also reportedly admitted killing his wife to passengers, cruise ship line employees, and Robert John McGill - Carnival Elation - Cruise Ship Murder FBI agents who arrived on the cruise ship. 

The Los Angeles’ Daily News previously reported that “Defendant Robert McGill stated he killed his wife in the bathroom of their cabin with his bare hands,” according to a criminal complaint filed by a FBI special agent. 

An autopsy conducted by the San Diego County medical examiner concluded that Ms. McGill died of strangulation and blunt force injury to her head and body.

According to the Cruise Ship Forum, Carnival stated that notwithstanding the murder and the arrival of 20 FBI agents, the Elation’s scheduled departure would not be delayed.

Mr. McGill is shown to the right being escorted off the crew gangway by a FBI agent, as passengers are seen boarding the passenger gangway above to begin their cruise on schedule.  

Carnival's motto: Load em' off, load em' in.  Let the drinking begin . . .     

Carnival Elation Cruise Ship

 

Credits:

Robert John McGill with FBI      L.A. Times

Carnival Elation cruise ship      Cruise Ship Forum "FBI Involved in Carnival Elation Murder"

Former Royal Caribbean Cruise Ship Captain Dies of Legionnaire's Disease After Sailing on Liberty of the Seas

There have been a few news stories about a cruise ship "passenger' dying of Legionnaire's disease after sailing on Royal Caribbean's Liberty of the Seas

The Miami Herald and the South Florida Business Review ("Legionnaire's May Be Linked to Ship") Libert of the Seas - Disease of the Seas? published articles last week about Mr. Tore Myhra - described as an "English tourist" - who died November 1st at Jackson Memorial Hospital after sailing for a week on the Liberty of the Seas. I commented on the story - Liberty of the Seas & Legionnaires' Disease - Disease of the Seas?

The Miami medical examiner's office reported that Mr. Myhra became sick on the cruise ship and suffered "nausea, vomiting, diarrhea, respiratory difficulty and dry cough.''  His symptoms worsened and he died of "Legionella pneumophila pneumonia" the day after he departed the cruise ship.

The popular on-line cruise community CruiseCritic.com also reported on the story in an article entitled "Cruise Passenger Among Recent Legionnaire's Victims." Cruise Critic tried to interview Royal Caribbean who refused to disclose the name of its "passenger." 

Instead of discussing the death of the passenger, Royal Caribbean crisis management spokesperson, Cynthia Martinez, released a statement which is posted on the Cruise Critic site as follows:

"Although we do not know the source of the guest's legionellosis, we have taken more than 90 Legionnaire's Diseasedifferent water samples from the ship over the past few months as part of our routine water testing program, and all those tests have come back negative regarding the bacteria that can cause the illness.

Nevertheless, we are taking some precautionary steps onboard, which are being done in an abundance of caution, to maintain our high health standards, and as recommended by the U.S. Centers for Disease Control and Prevention. These include special sanitizing of key areas onboard, including whirlpools and the H2O Zone. Like our guests, we take all health issues seriously."

This is a disturbing statement.

Only 90 water samples over the course of several months?  If a "passenger" became diseased and the routine tests results are negative, this could mean that the cruise line simply did not test a sufficient number of locations. 

The Liberty of the Seas is a huge cruise ship.  90 samples is a grossly insufficient number of water samples over the course of many months.  There are thousands of water faucets, drinking fountains, shower heads, whirlpools, saunas, flo-riders, spas, H2O zones, and other water sources on a ship this large. It is widely known that Royal Caribbean is making financial cutbacks throughout its fleet.  Testing water samples is expensive. 

Has Royal Caribbean cut back on the number of water samples to save money?

The cruise line should be taking several hundreds of samples a month on a routine basis, with repeat testing. And the samples should be tested at national laboratories whose reputations are beyond reproach. Liberty of the Seas - H2O Zone - Legionnaire's Disease?After a death like this, there should be literally over a thousand tests conducted to test every possible source of this disease.   

What is also disturbing is that Royal Caribbean failed to mention that Mr. Myhra was not only a "passenger" but was the former Captain (i.e., Master) of several Royal Caribbean cruise ships. Captain Myhra was the Master of the Monarch of the Seas and one of the cruise line's very first cruise ships, Song of America.  

Captain Myhra is of Norwegian descent. He lived in England after he retired from Royal Caribbean.  By all accounts, Captain Myhra was an a good guy and an accomplished mariner.  He was well liked by the crew of the cruise ships on which he served as Master.  

In 1998, he ran into a bit of bad luck when the Monarch of the Seas ran into a reef after entering the harbor in St. Maarten in the middle of the night to bring a sick passenger ashore for emergency medical treatment. The incident occurred on December 15, 1998, when the cruise ship grounded on Proselyte Reef, in Great Bay, Philipsburg, St. Maarten, Netherlands Antilles. The vessel Monarch of the Seas - Grounded - St. Maarten - Tore Myhrasustained heavy damage to the hull and began to take on water, requiring Captain Myhra to ground the ship to keep it from sinking. The passengers were taken from the beached cruise ship via tenders. 

There are a number of interesting reports of this incident, including a detailed marine casualty report from the U.S. Coast Guard and Norwegian maritime investigators (which contains Royal Caribbean Safety Management System - SMS - documents available on line). 

In 1999, shortly after this debacle, Captain Myhra resigned from Royal Caribbean.  Even though he was not at the helm when the ship hit the reef, he took responsibility. 

Word has it that after retirement from the cruise business, he began a highly successful camping business called Rose Farm Touring & Camping Park in England with his wife, Susan, and their children.  

Captain Myhra ended his career with Royal Caribbean trying to help a sick passenger in the middle of the night by diverting the cruise into port for emergency medical care. 

It is beyond irony that "passenger" Myhra's life was cut short when he became ill and Royal Caribbean kept him on the Liberty of the Seas until the end of the cruise, only to die in a public hospital in Miami the next day.    

 

Credits:

Liberty of the Seas   BobDarling1956 Webshots

Legionella cells  Scienceblogs.com

Liberty of the Seas H2O Zone  The Travel Advocate

Monarch of the Seas   CaptainsVoyage         

New Trial Ordered in Dianne Brimble Cruise Ship Death

A Court in Australia has scheduled a new trial in the trial of P & O Cruises passenger Mark Wilhelm who was charged with the manslaughter death of fellow passenger Dianne Brimble aboard the P & O cruise ship Pacific Sky.

In October, a jury failed to reach a verdict in the first trial. 

Dianne Brimble Cruise Ship TrialThe Crown charged Wilhelm of manslaughter of Ms. Brimble who died on the P&O cruise ship in September 2002 after being given the illegal drug GHB, also known as fantasy or liquid ecstasy.  In addition to the manslaughter charges, the Crown charged Wilhem with the lesser charge of providing an illegal substance to Ms. Brimble.

This is great news for the Brimble family, who has been steadfast in their resolve to see this matter through until the judicial process has been exhausted. 

The new trial is scheduled for April 19, 2010.

Ms. Brimble’s family joined International Cruise Victims (“ICV”) organization to bring awareness to the problem of cruise ship crime. Mr. Brimble is the President of the ICV chapter in Australia. Information regarding Ms. Brimble is available on the ICV website

I have written a number of articles about the danger of date rape drugs on cruise ships and Ms. Brimble's case:

Date Rape Drugs on Cruise Ships - the Death of Dianne Brimble

"Crawfishing" - Passengers in P & O Cruises Death Case Can't Remember A Thing

Another Crawfishing Witness in the Dianne Brimble Trial

Jury Is Out in Dianne Brimble Cruise Death Case

Dianne Brimble and the Lessons to Teach Our Young Men

Jury Reaches Partial Verdict in Dianne Brimble Case

Hung Jury in Dianne Brimble Cruise Death Trial

 

Photo Credit      International Cruise Victims ("ICV") 

GLAAD Board Member Dies Aboard Royal Caribbean's Mariner of the Seas

According to the Advocate.com, a board member of the Gay and Lesbian Alliance Against Defamation ("GLAAD") died of a heart attack  while on the Royal Caribbean Mariner of the Seas.  Mr. Spencer Yu, a Los Angeles attorney, died after suffering a heart attack on the Royal Caribbean cruise ship which was chartered by Atlantis Events for a seven-day trip along the Mexican Riviera.

Spencer Yu - GLAADThe cruise ship's doctor and nurse reportedly attempted to resuscitate Mr. Yu before he was taken to a hospital in Puerto Vallarta, Mexico where he was taken from life support.

The Advocate reports that Mr. Yu was a member of the GLAAD national board of directors since 2006, a vice president of business and legal affairs for Warner Bros., and a graduate of University of Texas School of Law. He served as co-chair of the GLAAD Media Awards in Los Angeles for the past two years and was scheduled to co-host again in 2010.
 
“Spencer was tirelessly optimistic and brought a ray of sunshine to everyone at GLAAD,” said GLAAD president Jarrett Barrios. Mr. Yu’s surviving partner, Dan Neisen, asked that donations be made to GLAAD’s Spencer Yu Memorial Fund in lieu of flowers. 
 

 

Photo credit            Advocate.com

 

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

Congressman Bobby Scott (D-VA) has introduced an amendment to the Death on the High Seas Act ("DOHSA") to permit families to recover reasonable compensation when a loved one dies in international waters.

DOHSA Is Unfair to Passengers

As matters now stand, a cruise line is the only place in the world where a child or a retired passenger's life is of absolutely no consequence in the eyes of the law. We have written about this in the past.  Our last blog is entitled " The Death on the High Seas Act - Screwing American Passengers for 89 Years."

DOHSA is an ancient law and needs to be changed.

CLIA Loves DOHSA 

The Cruise Line International Association ("CLIA") is trying to kill the amendment.  CLIA has dispatched a small army of lawyers and lobbyists to Congress to kill the amendment.  CLIA doesn't explain to its 13,000,000 cruise customers or 16,000 travel agents that cruise passengers have few rights when they die during a cruise.  CLIA is working hard behind the scenes to make certain that the amendment does not come up for a vote tomorrow.

If CLIA kills the DOHSA amendment, the multi-billion dollar, non-tax paying cruise lines and their rich insurance companies will be very, very happy.  

Dianne Brimble and the Lessons to Teach Our Young Men

The jury remains out on the trial of cruise passenger Mark Wilhelm who is accused of killing fellow passenger, Dianne Brimble, on the P & O Cruises' Pacific Sun by supplying her with the date rape drug fantasy. 

We have commented on the case, explaining the risk of date rape drugs and the "crawfishing" testimony of Wilhelm's cruise buddies Dragan Losic and Letterio Silvestri to get their buddy off of the hook for his bad conduct.

The case is now in the hands of the jurors, who have endured the technical arguments of defendant Wilhelm's lawyers that Ms. Brimble did not have the drugs forced upon her, and so forth, and so on, and etcetera and etcetera. 

The jury will return its verdict this week.  The results seem to be a crap shoot, although I predict a conviction of defendant Wilhelm for giving Ms. Brimble the GHB which killed her.  But, and there is always a but, if the jury acquits Wilhelm - he will leave the courthouse with smiles and nervous laughter of relief. 

And the injustice to the Brimble family will continue.

Whatever the verdict, there remains the disturbing images of what happened on the Pacific Sun in 2002. Lessons remain to be learned to prevent a repeat of this disaster.

Several years ago, I printed out two articles which I have kept in my home office to remind me of this sad case.

One article was in the Sydney Morning Herald by Robert Wainwright entitled "Women Fair Game for Cruise's Hunting Pack." This is a disturbing article, filled with sexual predators and "the heady cocktail of alcohol, drugs and the thought of women trapped aboard a ship . . ."

If you read this article, you will need a shower to remove the sleaze.  There is no denying the palpable depravity on the P & O Cruises' cruise ship, with no real security and an "anything goes" attitude which are as responsible for Ms. Brimble's death as the scummy men who preyed upon her. 

The other article is entitled "Dianne Brimble and Me" by author Caroline Hutchinson who wrote the book  "Is It Just Me?"

Ms. Hutchinson's self-reflective article reveals the horror of Ms. Brimble’s death on the floor of an economy-class cabin of the Pacific Sky cruise ship and the despicable men who caused her death.  Ms. Hutchinson writes:

"One of these men, Leo Silvestri, told the police that Dianne Brimble’s death in his cabin ruined his holiday. He has admitted that on the morning in question, he woke to find Mrs Brimble dead on the floor, then showered and dressed her lifeless body.

Witnesses have told the inquest Mr. Silvestri later joked with fellow passengers that he considered throwing her body overboard.

Mr Silvestri told police that the night before Mrs. Brimble died, she allegedly walked up to his table and said: 'Hi, how are you going?'

'It’s like, Hi, see you. I just brushed her off; I didn’t want to speak to her ... breath, yuck, ugly dog, just go talk to someone else. Ring the RSPCA,' Silvestri said.

Later in the interview, Mr. Silvestri repeatedly referred to Mrs. Brimble as the 'thing' and called her the 'ugly dog.' 

He prided himself on the fact he didn’t 'talk to anything over 60 kilos.'

Ms. Hutchinson's article brings home the frightful specter of an insecure women running into a pack of wolves like this, whether the setting is a cruise ship or a neighborhood bar.  What are the lessons to be learned from this terrible tale?  Ms. Hutchinson again brings the point home reflecting on the question of how we are raising our own boys: 

"I want you to take a look around today. Look at your sons, and think about what their values are.

Are your boys kind? Are they generous of spirit? Do they think about the needs of other people? Are they brave? Do you trust them to do the right thing?

Would your son stand up for a drunken girl being harassed or degraded by a group of older blokes? Would he drag Dianne Brimble out of a ship’s cabin and get her help?

Look at your son.

Ask yourself if he’s that kind of boy.

Because that’s the type of man we need him to be."
 
 

Photo Credit:

Photo of "gang of 8"      The Age newspaper

Book cover "Is It Just Me?"    Caroline Hutchinson 

Jury Is Out in Dianne Brimble Cruise Death Case

Seven years after passenger Dianne Brimble died after ingesting a date rape drug aboard P & O Cruises' Pacific Sky in 2002, the jury has finally retired to consider its verdict.

Australian citizen and fellow passenger Mark Wilhelm is accused of the manslaughter death of Ms. Brimble after he allegedly gave her the drug Gamma Hydroxybutyrate ("GHB") during a cruise aboard the Pacific Sky.  In a previous article, I discussed that cruise passengers are at risk of rape after surreptitiously being given date rape drugs like GHB and Rohypnol.

Women have been drugged and raped on the Carnival subsidiary, sister brands - P&O Cruises and Princess Cruises.  These cruise lines know there is a danger presented to passengers and crew of date rape drugs and sexual assault of unconscious women - but refuse to admit or discuss the problem in public.

Yesterday, the prosecution dropped its charges that that Mr. Wilhelm displayed gross criminal negligence by failing to summons assistance after after she passed out and was left on the floor of the cabin. 

The jury is now left with the sole issue whether defendant Wilhelm committed a crime by supplying her with GHB, also known as the drug "fantasy."  The coroner has already concluded that Ms. Brimble died after being given a toxic mix of alcohol and GHB.

Although Mr. Wilhelm is rightfully considered to be one of the unsavory "gang of eight" aboard the cruise ship, a guilty verdict may be difficult to obtain.  His buddies obviously tried to cover for him during the five week trial.  I previously reported that Wilhelm's traveling mate Dragan Losic conveniently forgot facts which would incriminate Wilhelm.  And one of the other sleazy gang-of-eight members Letterio Silvestri also developed a selective memory during the trial.

The Sydney Morning Herald reports that Wilhelm's  defense lawyer claims that Ms. Brimble took the drug ''freely and voluntarily" and "without pressure or duress.'' Of course, Mr. Brimble is not here to tell the truth of what happened on the night in question. She ended up dead, face down on the floor of a cabin, after having the misfortune of running  into the "gang of eight."    

Over the weekend, I was the first to report in the U. S. (on Twitter and in this blog) that another passenger just reported being raped aboard P & O Cruises' Pacific Sun cruise ship. Seven years later and here we are again. The problem of date rape drugs, rapes, thugs, and shipboard deaths are issues which the U. S. traveling public would rather not think about. 

But the Brimble family has been suffering for seven years, and no one in the U. S. seems to be paying attention. The cruising public is focused on the never ending stories of bigger and bigger cruise ships and smaller and smaller cruise fares.

It has taken seven years to bring the Dianne Brimble case to trial.  When the jury returns its verdict, will anyone in the U. S. be listening?  Does anyone care?     

 

Photo credit:

Photo of Mark Wilhelm     Getty Images (via www.daylife.com)        

Group photo of men        Sydney Morning Herald 

Another Crawfishing Witness in the Dianne Brimble Trial

The criminal trial arising from the death of P & O Cruises' passenger, Dianne Brimble, has now seen another witness suddenly forget incriminating details surrounding Ms. Brimble's death.

In a previous article, I commented on the phenomenon of "crawfishing" witness, who like crawfish crawling back into a hole, backpedal from the truth when placed under pressure. 

Today, the trial included another one of the "8 persons of interest," Letterio Silvestri.  ABC News in Australia reports that Mr. Silvestri could no longer remember his friend Mark Wilhelm having sex with Ms. Brimble in the cabin after she had been drugged.  Nor could Mr. Silvestri remember pushing Ms. Brimble off of the bed and onto the floor shortly before she died of a toxic mix of alcohol and GBH. This story was also reported by the Australian newspaper. 

This follows the spectacle of "gang of 8" witness Dragan Losic being unable to remember meeting Ms. Brimble or seeing her in the cabin or recalling date rape drugs on the cruise ship as he originally testified at a preliminary hearing. This is not to mention reluctant witness Matthew Slade, who originally  told police he saw a naked body in the cabin. But once under oath at trial he could not remember a thing.

What a bunch of crustaceans.   

 

Photo credit  -    AAP Image: Mick Tsikas, via ABC News Australia  

"Crawfishing" - Passengers in P & O Cruises Death Case Can't Remember A Thing

The criminal trial in Australia regarding the death of Dianne Brimble on P & O Cruises' Pacific Sky continues with key witnesses having a complete lapse of memory. 

In a previous article, I commented on the danger of passengers, like Ms. Brimble, being given "Fantasy" or other date rape drugs on cruise ships.

Dragan Losic (with goatee), one of "8 persons of interest" in Ms. Brimble's death, appeared in Court. Over the course of three hours of his testimony, he could not even remember meeting Dianne Brimble on the first night of the cruise, just hours before she died in his friends' cabin. 

Australia's "The Age" newspaper reports that Mr. Losic previously testified in what is called a "coronial inquest." At that time, he clearly recollected that he was the first to meet Ms Brimble in a disco on the cruise ship and he later observed her in his friend's cabin.  He also remembered "Fantasy" on the cruise ship.  But now with his friend on trial for Ms.Brimble's death, Mr. Losic can't remember a thing.

Another key witness, Matthew Graham Slade, who testified today also changed his story. Australian news website news.com.au reports that Mr. Slade originally told police that  he awoke on the cruise and  saw a naked body on the floor of his cabin. But at trial, he claims that he can't remember this at all. 

In New Orleans where I went to law school, we called this "crawfishing."  This is a term which characterizes a crawfish (or other crustacean) which crawls backwards, usually into a hole, when confronted with danger. 

Date rape drugs.  Crawfishing witnesses.  A devastated family.  The trial continues. 

 

Photo credit      Sydney Morning Herald 

 

 

Date Rape Drugs on Cruise Ships - the Death of Dianne Brimble

A criminal trial begins this week in Australia in the case of cruise passenger Dianne Brimble, a passenger sailing with her children on P & O Cruises’ Pacific Sky in 2002. It has been seven years since Ms. Brimble’s ill fated cruise which ended with her death. A coroner determined the cause of her demise to be a date rape drug given to her by another passenger, Mark Wilhelm, who is now finally standing trial for her death.

There is a danger on cruise ships of being given a date rape drug by either a crew member or another passenger.

There are a couple of different date rape drugs. One is called “GHB.” The scientific name is Gamma Hydroxybutyric acid. It is also be called “grievous bodily harm.” Another is Funitrazepam, called Rohypnol or commonly known as “roofies.” These drugs are clear, tasteless, and odorless - similar to water. When combined with alcohol the drug will incapacitate unsuspecting victims and cause slurred speech, sedation, unconsciousness and death. Even without alcohol, Rohypnol is ten times stronger than Valium. Rapists use these drugs to knock their victims out.

These drugs are readily available in foreign ports, particularly in Mexico. Crew members or passengers going ashore can easily obtain “roofies” or “GHB” and bring the drugs back to the cruise ship.  One of our clients was given a spiked drink by a bartender on a cruise ship returning from Mexico. Interviewed by Time magazine in an article entitled "Crime Rocks the Boats," she reported "her legs go rubbery and her mind turn to mush as the bartender led her to an employees-only restroom and raped her before she passed out cold."

If proper blood and urine testing is not performed in a timely manner after the rape, the drugs will not be detected. Cruise ships are notorious for having ill equipped medical facilities and incompetent or indifferent staff. It is important for passengers to use the same safeguards you would use in a bar ashore:

  • Ask bartenders or bar servers to open your beverages in front of you.
  • Watch your drinks.
  • Don’t leave your drinks unattended when you go on the dance floor or to the ladies room.
  • Stay with your group of friends.
  • Realize that crimes occur routinely on cruise ships.
  • Have fun - but don’t let your guard down.
  • If you are a victim of rape, insist that the ship doctor take blood and urine samples immediately.

Ms. Brimble’s family joined International Cruise Victims (“ICV”) organization to bring awareness to the problem of cruise ship crime. Mr. Brimble is the President of the ICV chapter in Australia. Information regarding Ms. Brimble is available on the ICV website.

 

Photo Credits:

International Cruise Victims - photo of Dianne Brimble

"Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea

For the past many years, I have watched cruise lines respond to each disappearance at sea by blaming the passenger.

Selling Dreams of Carefree Vacations

Cruise lines like Carnival and Royal Caribbean spend hundreds of millions of dollars a year to create the illusion of carefree vacation getaways where hard working Americans can relax, let their guard down, and forget the worries of city life. Passenger "disappearances" are inconsistent with the cruise industry’s marketing image which sells tickets.

When a passenger "disappears," there are a number of possible explanations.  Was foul play involved?  Did the passenger act carelessly due to alcohol?  Was the intoxication due to the cruise line's negligence in over-serving the passenger to make the targeted profits for the cruise?  Or was the disappearance due to a plan by the passenger to end his or her life?   

The possibilities are many but the cruise lines' conclusions are few. Cruise ships are quick to attack the passengers’ character and to steer blame away from themselves when a passenger goes overboard.

Merrian Carver - Royal Caribbean Cover Up, Stonewalling, and the Big Lie

When 40 year old Boston resident Merrian Carver "disappeared" from the cruise ship Mercury operated by Royal Caribbean’s subsidiary brand Celebrity Cruises, the cruise line tried its best to cover the incident up. It didn’t report Merrian missing to either the FBI or the Alaskan State Troopers, even though the cabin attendant reported her missing early in the cruise. Merrian’s Dad, insurance executive Ken Carver, began a serious investigation. Royal Caribbean responded by lying to Mr. Carver and disposing of evidence.  Mr. Carver didn’t go away and the story went public.  The The Arizona Republic published an excellently researched and written story.  In response, the cruise line reached into its bag of tricks and pulled out a good excuse: " . . . there is very little a cruise line, a resort or a hotel can do to prevent someone from committing suicide." 

Aside of the speculation fueled by the cruise line's lawyers and PR team, there was no competent evidence whatsoever for Royal Caribbean's self serving announcement to the media. If it was a suicide, why did Royal Caribbean work so hard to cover the incident up and lie to Mr. Carver?  Indeed, there is now an issue whether a crew member was involved in Merrian's death.  

George Smith IV - Attack the Victim

I witnessed the same type of corporate thuggery while representing Jennifer Hagel whose husband George Smith of Greenwich Connecticut disappeared under suspicious circumstances during the couple’s honeymoon cruise on Royal Caribbean’s Brilliance of the Seas. For months the Hagel and Smith families patiently waited for information explaining the circumstances surrounding the disappearance of the healthy and handsome 26 year old man.

But when their frustration forced them to the press for answers, the cruise industry’s response was quick and brutal. Michael Crye, representing the International Council of Cruise Lines ( the predecessor to today’s Cruise Line International Association - "CLIA") told an AP reporter investigating the story " . . . its difficult if someone chooses to do harm to themselves . . ."

Carefully Planned Hit and Run Attacks By Cruise Line PR Departments 

These type of statements are not random or insensitive rants from low level employees. The cruise lines' PR departments carefully craft the announcements and issue them only after being run through their legal departments. The Merrian Carver "suicide" theory was issued by the Royal Caribbean corporate communications director only after being reviewed by the cruise line’s outside legal counsel. When the cruise industry faced embarrassment over Royal Caribbean's mis-handling of George Smith’s death, out trotted Mr. Crye - the vice president of the cruise trade organization and himself a lawyer. Mr. Crye issued the he-did-it-to-himself statement on behalf of the entire cruise industry (CLIA's motto is "one industry - one voice"), without a shred of evidence justifying such a conclusion.

Amber Malkuch - Holland America Lines' Attack Is Business as Usual  

The recent disappearance of Washington resident Amber Malkuch shows that little has changed. Amber was 45 when she sailed on the Holland America Line ("HAL") cruise ship Zaandam. On August 3, 2009, Amber disappeared. The usual protocol when a passenger disappears should be for the FBI or the state law enforcement authorities to board the vessel at the next port and to conduct an investigation. The period of time leading up to the cruise ship's arrival at the next port is critical because the cruise line controls the scene of the disappearance, the witnesses and all of the evidence. Before the authorities can conclude whether the "disappearance" resulted from an accident (due to the ship's negligence, or the passenger's carelessness or intoxication, or a combination of factors), foul play or suicide, they must first review the evidence and interview passengers and crew members.

But on August 4, 2009, before the Alaskan State Troopers concluded their investigation, a member of HAL's PR department and CLIA's PR team, Sally Andrews, announced to the media that Amber probably took her own life. The "suicide" conclusion was picked up by all of the major news outlets and reported prominently on FOX News and other news stations.

This surprised not only Amber’s friends and family, but it dumbfounded the Alaskan State Troopers who had yet to review photographs and video, conduct interviews or analyze toxicology reports. The Anchorage Daily News reported "Troopers Miffed at Cruise Line’s Rush to Judgment." The Seattle Post Intelligencer quoted a representative of the Alaskan State Troopers saying:

We’re the people actually looking into the exact cause of death . . . We’re the ones doing the interviews and looking at the evidence . . . And if we haven’t been able to make a determination, how can the cruise line who isn’t trained?"

Who Do You Trust?  The Alaskan State Troopers or the Cruise Line?

Does Holland America Line care about what the evidence reveals?  In the world of cruise line PR (perception vs. reality), what matters most to the cruise lines seems to be the public’s perception that cruise ships are safe rather than the reality that perhaps they are not.

Determining the cause of passenger overboards is the role of experts - the U.S. Coast Guard, the F.B.I., and other law enforcement authorities - not the cruise lines' PR departments.          

 

Photo credits:

Kendall Carver - photo of Merrian Carver

Kevin Wolf (AP) - photo of Maureen Smith, Michaeil Crye, Jennifer Hagel

Seattle Post Intelligencer - photo of Amber Malkuch

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

If you are retired or a child and die on a cruise ship due to the cruise ship's negligence, the cruise line will consider your life to be worthless under current maritime law.

Your family will face a law called the Death on the High Seas Act, commonly known as "DOHSA." In 1920, Congress passed DOHSA to provide for limited recovery when a seaman died at sea. Congress did not want widows to become destitute when their husbands died in international waters. So they passed DOHSA which provides that a widow can recover her husband’s wages and, perhaps, some money to bury him if his body was found.

DOHSA Provides No Recovery for Pain, Suffering, Grief, or Bereavement if You or Your Loved One Dies at Sea

Applied to cruise lines, DOHSA provides no recovery at all in many circumstances. Surviving family members may potentially recover only limited financial damages after proving the cruise line’s negligence caused the death. However, there is no recovery for the deceased passenger’s pain, agony and suffering before he dies. The surviving family members’ grief and bereavement are irrelevant. The children’s loss of their parent’s love, guidance and nurturing are of no consequence.

All of these damages may be recoverable if you die in a car accident or airplane accident en route to the port. But on the high seas, only financial losses such as lost wages or burial/funeral expenses are permitted.

For this reason, there is no basis for any recovery if the missing passenger is a retiree or a child. If the body of a retired passenger is not recovered, and there are no burial expenses, the family receives nothing. This is a hard pill for a grieving family to swallow. Most people who contact our office are dumbfounded when they learn this.

Cruise Lines Love DOHSA

Unlike companies ashore, cruise lines face virtually no financial exposure when their guests are killed or disappear. Even if the cruise line is clearly negligent or acts maliciously, DOHSA provides no recovery when the victim is a retiree or a child.  Cruise lines and their insurance companies profit greatly due to this ancient law.

Historically, DOHSA was applied to aviation disasters when airplanes crashed in international waters. The families of dead children or elderly (retired) parents were excluded from any recovery by virtue of DOHSA. But following the crash of a jet in the Atlantic full of US citizens (TWA flight 800), the American public became outraged by this injustice. In response, Congress excluded air travel from DOHSA. The same thing needs to happen with cruise travel.

Victims Fight for A Change

The International Cruise Victims organization ("ICV") has been trying to amend DOHSA to permit the recovery of fair compensation when passengers die during cruises. A cruise safety bill pending before Congress originally contained a provision to amend DOHSA so that there is no difference if an American citizen dies ashore or at sea. The cruise industry spent millions of dollars lobbying Congress to eliminate the amendment. Ultimately, the cruise lines’ big bucks and PR machine won out.

As far as deaths on ships go, DOHSA is just the way it existed in 1920 – 89 years ago. In 1920, relatively few passengers cruised a year. Now the number is around 13,000,000. Congress never envisioned that DOHSA would bar all recovery for any of the million of retired passengers and children who cruise annually. The Cruise Line International Association ("CLIA") doesn’t tell its 13,000,000 customers or 16,000 travel agents that it lobbies each year to make certain that DOHSA remains in place.

A cruise line is the only place in the world where a child or retired passenger’s life is of absolutely no consequence in the eyes of the law. Die on a cruise ship due to bad medical care or disappear under mysterious circumstances? The cruise lines have spent millions of dollars to make certain that your loved ones don’t get a dime.