Better Safe Than Sorry - Spring Break Safety Tips

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

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

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

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

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

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

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

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

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

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

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

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

Caitlin's 5 Safety Tips for Spring Break:

Cruise - Spring Break Safety Tips1. Don't drink too much. Have a designated sober person who can look out for the group.

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

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

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

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

 

Update March 9, 2010:

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

Way to go Caitlin!

 

Dramatic Video and Photograph of Killer Wave Striking Louis Majesty Cruise Ship

A number of photographs and videos have been posted on the internet showing the large wave which hit the Louis Majesty cruise ship.  One of the most dramatic photographs (below) shows what CBS News calls a "killer wave" about to hit the bow of the cruise ship. 

We reported on this story in prior articles:  Monster Waves Hit Louis Majesty Cruise Ship and President of International Cruise Victims Questions Cruise Passenger Safety - Louis Cruise Lines No Stranger to Disaster .

 Monster Wave - Louis Majesty - Cruise Ship

 

The wave and wind conditions at the time of the incident should have clearly alerted the officers on duty to warn the passengers to secure themselves in their cabins.  The Master should have instructed the passengers to keep away from the public windows, particularly at the vessel's bow.  The cruise ship was heading directly into the waves and those passengers killed and injured were particularly vulnerable in the public areas at the bow.  

All cruise ships have what are called "safety management systems" (SMS) or "safety and quality" (SQM) protocols which address how the vessel should be operated in rough weather and the type of precautions which should be considered to protect the passengers.  It will be interesting to see what type of safety procedures the cruise ship had, and whether the vessel's officers ignored them.

CBS News has a video (below) depicting the wave striking the ship's bow (the ship in the video is the "Norwegian Majesty") and describing the panic aboard the cruise ship:

 

 

 

 

 

Credits:

Photograph        BarcelonaReporter.com

Video                    CBS News 

President of International Cruise Victims Questions Cruise Passenger Safety - Louis Cruise Lines No Stranger to Disaster

This morning Kendall Carver, President of the International Cruise Victims organization, appeared on the "Fox and Friends" television show regarding the death of passengers aboard the Louis Majesty cruise ship.  

Ken Carver - International Cruise VictimsMr. Carver raised the issue why the passengers were not warned of the wave conditions before the disaster, based on information gathered from the ship's radar and ocean buoys.  Waves of this height (around 30 feet) are not considered to be "rogue" waves and are to be reasonably expected on a cyclical basis. 

Mr. Carver also questioned why passengers were sitting in public areas with unsecured items around them near the glass windows when the waves crashed against the ship, and why the Louis Cruise Line officers did not inform the passengers to secure themselves in their cabins.

No Stranger to Disaster

In response to our first article on this incident - Monster Waves Hit Louis Majesty Cruise Ship - a reader, Jose, left an interesting comment:

A coincidence? This ship was owned by the company Louis Cruises whose "Sea Diamond" sank in Santorini on 5th April three years ago; two people also died . . . I was on board the ship when she crashed and sank.

The reader is referring to the sinking of the Sea Diamond cruise ship which struck a reef in Santorini, Greece.  The reef was in a known and well marked location.  The vessel's hull was ruptured and the cruise ship took on water.  Rather than grounding the vessel in shallow water, the officers thereafter took the vessel into deep water, where it sank. 

1,600 persons were evacuated, but two passengers, a father and daughter, were lost. There was a consensus that the officers engaged in reckless seamanship.  Greek maritime authorities arrested the cruise ship's Master and five officers and charged them with negligence. 

Photographs of the sinking of the Sea Diamond can be viewed at the web site of Michael Hipler.

 

 

Credits:

Ken Carver     KPHO News

Sea Diamond cruise ship     YouTube BlueDonkeyMan         

Police Arrest Driver of Princess Cruises Excursion Bus In Tortola

The police in Tortola arrested the driver of the excursion bus used by Princess Cruises to transport cruise passengers from the Caribbean Princess cruise ship to the "Tropical Forest Hike and Beach" tour sold by the cruise line. 

BVI News Online reports that the police took Roland Allen, age 32, of Baughers Bay, Tortola BVI, into custody last night and charged with "causing death by dangerous driving."

Tortola BVI - Bus Excursion Accident - Princess CruisesWe reported on this tragedy yesterday in an article "Excursion Tour Bus Crash In Tortola Injures Princess Cruises' Passengers From Caribbean Princess."

The article mentions that the deceased passenger, previously identified as Aaron Humphrey, has bean identified as Aaron Rumphrey, from Honeoye, New York. 

Mr. Rumphrey and his parents had previously been hiking with 17 other passengers from Princess Cruises' cruise ship.  When the tour bus ran off the road, Mr. Rumphrey was ejected through the front windshield.  The tour bus did not have either seat belts or shoulder harnesses.

Cruise lines like Princess are legally obligated to investigate and audit excursion companies used  for the tours advertised and sold by the cruise lines so that the passengers are reasonably safe.  Using a bus with no seat belts or shoulder harnesses is unreasonably dangerous, particularly given the road conditions in Tortola.   

An article today on WHEC.com describes the young man as "kind and friendly."  Mr. Rumphrey had been a student at the Cobblestone Arts Center in New York in an arts program for students with developmental disabilities.  The article describes how he would make other students laugh and inspire them.  A supervisor at the program is quoted saying "he was a great guy.”

February 25, 2010 Update:

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

 

Photo Credit:

Cruise excursion bus            BVI Platinum News

 

Excursion Tour Bus Crash In Tortola Injures Princess Cruises' Passengers From Caribbean Princess

CruiseCritic reports that an excursion tour bus taking passengers from Princess Cruises' Caribbean Princess cruise ship crashed in Tortola.

In an article entitled "Tragic Bus Accident on Cruise-Sponsored Shore Excursion,"  the CruiseCritic website reports that the cruise sponsored tour bus was headed to a "Tropical Forest Hike and Beach." 

Princess Cruises Excursion - Tortola - Tour Bus AccidentThe tour bus (photo left) "went off the road and flipped earlier today.  Of the 20 passengers onboard, one person was killed and two others were seriously injured."

According to CruiseCritic, the injured passengers were taken to a local hospital, while the other passengers were taken back to the cruise ship. The passenger who died was a 24-year-old man from Rochester, New York, on vacation with his parents, who were also on the tour.

BVI News Online reports that the deceased passenger is Aaron Humphry who died at at Peebles Hospital as a result of injuries sustained in the accident.

The BVI News reports that twenty cruise ship passengers from the Caribbean Princess were on a tour bus descending onto the Windy Hill Road on Tortola when the driver struck an embankment and the vehicle overturned.

Seven passengers were taken to the hospital while the other 13 passengers were assessed at the scene and taken back to the cruise ship. Five were treated and discharged while one passenger has been retained for a fractured shoulder bone. The unidentified driver was treated and released.

Princess Cruises issued a statement that it is "providing support to the family during this difficult time."  Behind the scenes, Princess Cruises is also sending a team of lawyers from Miami to Tortola to begin to defend the cruise line's interests.  The same Miami cruise line defense lawyers who traveled to the Star Princess when it caught fire near Jamaica in 2006 are flying to Tortola today.

The Princess Cruises web site describes the tour bus as an "open air safari bus."  (However, the bus in the BVI News photograph appears to be an enclosed bus).  Princess Cruises describes the excursion as follows:

"This excursion visits two of Tortola's most popular attractions--Sage Mountain National Park and one of its beautiful beaches . . . Board your open-air safari bus and drive along the island's scenic Ridge Road to Sage Mountain National Park  . . . 

Dominica truck excursion crash - Celebrity CruisesThis is the second serious excursion vehicular accident in the last year. 

Exactly one year ago today, a dozen passengers from Celebrity Cruises'  Summit cruise ship were seriously injured when an open air excursion vehicle ran off the road in Dominica (photo left).  We are representing passengers against the cruise line and the excursion company in that accident.

Information on the Dominica excursion accident is contained in an article "Injured Visitors to Dominica Airlifted to Miami."

"Open air safari" buses and other similar vehicles in the Caribbean are often designed without seat belts or shoulder harnesses, and the vehicles are also often substandard.  It remains to be seen what the local police's investigation reveals about this particular accident.

It is also likely that the defense lawyers for the cruise line have already hired their own experts to take a look at the vehicle with an eye toward defending the cruise line.  Most excursion companies associated with the cruise line are required to maintain liability insurance with U.S. Tortola excursion crash - Princess Cruisesinsurance underwriters.  These underwriters work with the cruise line to maintain a united defense against any passenger who is injured in excursion accidents like this.    

The BVI Platinum News has a slide show of detailed photographs of the damages excursion bus after the accident, which are available online.  

February 24, 2010 Update:

The deceased passenger has been correctly identified as Aaron Rumphrey.

The police arrested the driver of the excursion bus - Police Arrest Driver of Princess Cruises Excursion Bus In Tortola.

 

Credit:

CruiseJunkie.com

Photograph of Tortola bus excursion accident     BVI News Online

Photograph of Dominica excursion crash         thedominican.net 

Photographs (slide show) of Tortola excursion bus                 BVI Platinum News 
 

Florida Charges Travel Agencies for Selling Bogus Trip Insurance Policies

The Sun Sentinel reports that Florida charged travel agencies in the state with using unlicensed agents to sell bogus trip insurance policies through a company called Prime Travel Protection Services, of Colorado.  Prime Travel, which apparently was never authorized to do business in Florida, went out of business in 2009 and is in liquidation.  Hundreds of Florida travelers were left with unpaid claims.

Cruise Insurance - Travel InsuranceMany of the consumers bought the policies before going on cruises.  Obtaining valid insurance for cruise vacations is a prudent thing which we recommend cruise passengers consider before cruising. 

Prime Travel claimed that it offered "trip protection" and not travel insurance, which must be approved by regulators and underwritten to ensure claims will be covered.  The consumers who bought the bogus policies had no recourse when their claims were not paid.

The state warned the agencies to stop selling unauthorized insurance or face penalties including a $50,000 fine.  The newspaper reports that the six agencies cited this week offered policies through Prime Travel or its affiliates.  They agencies include:

According to the Sun Sentinel, the agencies charges include JB Travel Inc. of Boynton Beach, St. Lucie West Travel of Port St. Lucie, Ahoy Cruises of Jacksonville, Diana's Travel South of Spring Hill, Sandra Demore / CruiseWithSandy of Port Orange, and Four Seasons Tours and Cruises of Largo.

The newspaper also reports that in the past year, state officials cited additional agencies for similar problems.  One of the agencies, Palm Coast Travel of Lake Worth and its affiliate Smartcruiser.com, were charged with initially giving travelers AccessAmerica trip insurance policies, then transferring customers to companies not authorized in Florida to offer coverage - including Prime Travel.

When the media began reporting on the bogus policies last year, Palm Coast Travel filed a defamation lawsuit against one of the aggrieved consumers who complained, as well as veteran travel writer, Christopher Elliott, who covered what appears to be a scam in his widely respected travel website "Elliott."  

Suing travel writers for uncovering consumer fraud stories appears, in my opinion, to be retaliatory in nature and counter-productive.  Mr. Elliott was ahead of this story in 2008 when he warned consumers of the Prime Travel policies in an article "A Travel Insurance Mystery: Who is Prime Travel Protection Services?"   

Mr. Elliott indicates that he made a public records request for information regarding the state of Florida’s case against Palm Coast Travel, and will release the information on his website.  This will be interesting reading.

 

If you are considering buying travel insurance, consider reading:"6 Tips to Avoid Travel Insurance Scams."

Cruise Ship Accident and Injury Law - Miami Florida - Forum Selection Clauses

Miami is called the Cruise Ship Capital of the World.

Most of the major cruise lines are based in South Florida. Azimara, Carnival, Celebrity, Costa, MSC Cruises, Norwegian, Oceania, Regent Seven Seas Cruises, Royal Caribbean, Seabourn, SeaDream, Silversea, and Star Clippers all call Miami or Fort Lauderdale their headquarters.   

And if you are injured on one of these cruise ships anywhere in the world, the cruise lines require Cruise Ship Accident and Injury Law - Jim Walker - Cruise Lawpassengers to make a claim in South Florida - no matter where you live or what port you may have sailed from. 

Twenty years ago, the U.S. Supreme Court upheld the right of Carnival cruise line to enforce a "forum selection clause" in a passenger's ticket which requires passengers to file their claims in Miami, Florida.  The case is called Shute v. Carnival.  The Shute family was from Oregon and a family member was injured after sailing from Los Angeles to Mexico. 

The Shute family tried to file suit in Oregon.  Carnival moved to dismiss the case because there was a clause in the Shutes' ticket requiring that all lawsuits against Carnival must be filed in Miami, where Carnival in headquartered. The Shutes argued that having to travel several thousands of miles to Miami was an economic hardship.  And why should Carnival - which  registered its business in Panama to avoid U.S. taxes - have a home court advantage in Miami for every case?  But the U.S. Supreme Court sided with Carnival and ruled that the Shute family had to file suit in Miami and be prepared to fly here to pursue their case.

Since the Shute decision, all cruise lines have included "forum selection" clauses in the passengers' cruise tickets.  Most cruise lines require that the lawsuit be filed here in Miami. These clauses are legally binding and the cruise line will always enforce them. 

The passengers' cruise tickets also require that the passenger (or their lawyer) notify the cruise line of the accident and intention of filing a lawsuit within six (6) months of the accident and the lawsuit must be filed within one (1) year.         

If you are a passenger interested in further information, please consider reading:

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

Cruise Law Photos - Clients, Causes, Cruise Ships and Cruise Law Team  

 

If you wish to receive our blogs via email, please enter your email address to the left - or sign up for a RSS feed.  Thanks!  Jim Walker 

20 Paramedics Respond to Cruise Ship Injuries Aboard Royal Caribbean's Mariner of the Seas

The Daily Breeze newspaper reports that three ambulances and about 20 paramedics and rescue personnel were sent to a Royal Caribbean cruise ship in the Port of Los Angeles yesterday to treat three passengers with serious injuries and medical complications.  This is an unusual story, given the large number of emergency response personnel involved.

Mariner of the SeasThe injuries occurred aboard the Royal Caribbean's Mariner of the Seas, which arrived back in port yesterday. 

One passenger was a pregnant woman suffering possible complications and two passengers who had slipped and fallen on the ship. 

Two of the passengers were in the ship's infirmary when Los Angeles fire paramedics arrived. The other was in a state room on board. The paramedics transported the passengers to San Pedro Peninsula Hospital. 

A spokesperson described the injuries as "serious." While the spokesperson would not say what caused the injuries, he said they were unrelated.

 

Photo credit     Jane Engle / LA Times

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

Over ten 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 ten years ago. What the heck, 500 or 600 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 thoughful interview a decade ago, which is 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 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. 

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