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

The international press is reporting that Gahadhar Pradhan, a crew member (waiter) from P&O's Aurora cruise ship, was pistol-whipped over the head and shot during a mugging while ashore in Philipsburg, on the Caribbean island of St Maarten. 

We first learned of the incident via one of our favorite cruise blogs by Captain Greybeard in the U.K. 

The crew member was shot in the buttocks, while apparently in an area consisting of "gentleman's clubs," which may tend to make the crime a tad tawdry or humorous depending on how you would like to view it.  

But a matter like this is deadly serious, particularly considering that the local police said "crew members from visiting cruise ships had been attacked on a number of occasions . . . "   This apparently was the first time a crew member had been shot. 

The best source for the story is a local newspaper in St. Maarten, which contains photos (left) of the crime scene.   

We have written many blog posts about violence, and murders, involving cruise passengers and crew members in the Caribbean islands -  Crimes in the Caribbean Cruise Ports of Call.   Just last week, NBC ran a story on the Today Show about crimes against cruise tourists in the Caribbean islands.  

 Photo credit:  St. Martin News Network

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Leagle just published a decision from New Jersey which illustrates what can happen when a cruise passenger does not read the fine print in the ticket issued by the cruise line.

Costa cruise passenger Audrey Winograd sailed on the Costa Magica from Florida to the Dominican Republic.  While ashore in the shopping district of La Romana, several men with knives stole her passport, drivers license, credit cards, and other personal effects. 

Nearly two years after the robbery, Ms. Winograd filed suit in New Jersey seeking damages for physical and emotional injuries. 

The trial court dismissed the case because there is a one year limitations period in the cruise ticket issued by Costa. 

On appeal, the appellate court affirmed and held that even if the case was not subject to the one-year limitations, the passenger would still be required under to bring her claim in Broward County, Florida. "Such a forum selection clause in a cruise ticket contract is clearly valid. Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-96, 111 S. Ct. 1522, l527-28, 113 L. Ed. 2d 622, 631-33 (1991)."

So it turns out that cruise passenger Ms. Winograd lost twice - first by being robbed in a Caribbean port and, secondly, by filing suit a year late and in the wrong courthouse. 

We have written about these issues in prior blogs:

Limitations Period:  Cruise Ship Statute of Limitations? - One Year for Adults! Three Years for Minors.

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

Crime in the Caribbean:  Crime in Caribbean Ports of Call Against Cruise Passengers

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Credits:

Costa Magica    commons.wikimedia.org (Daniel78)

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News sources around the world are reporting on intense fighting between the police and supporters of a criminal drug leader in Kingstown, Jamaica.

The United States is trying to extradite Christopher Lloyd Coke, also known as "Dudas."  He runs a drug operation where cocaine which is is grown by the drug cartels of Colombia is then shipped to Jamaica for distribution to the U.S. and U.K.   Dudas has support of the impoverished residents of ghettos in Kingstown who have barricaded sections of the city to keep the law authorities away.  The video below paints a grim image of this idyllic cruise destination.

We have written about the issue of crime in the Caribbean ports which has its roots in impoverished communities in the Caribbean which have drug trades.  Dubbed the "Murder Capital of the World," Jamaica has the highest murder rate in the world.  Just last week there were multiple murders in Falmouth where Royal Caribbean is developing a major port for its new mega-ships the Oasis of the Seas and the Allure of the Seas.   

Unlike cruise itineraries in Alaska which are perfectly safe, the Caribbean is a dangerous place to disembark cruise passengers. Yet, the cruise line continue to market violent destinations like Jamaica and the Bahamas as if they were sailing to a tranquil beach resort. 

Yesterday, the online cruise community Cruise Critic ran a short article "Jamaica Unrest -- Impact on Cruise Travel?" which mentioned that Jamaican authorities had declared a state of emergency in Kingston after attacks on police stations by gang members.  But by the afternoon, the cruise lines' PR people had already kicked into high gear.  Cruise Critic "updated" its story: Carnival, Princess and Royal Caribbean report back that it's business as usual for the lines in Jamaica. 

The cruise site even included a photograph of a beautiful tropical beach in Jamaica, surrounded by banners advertising cruises to the Caribbean for as low as $164 per person. 

May 25 6:00 P.M. Update:

Dozens killed as Jamaican police hunt alleged drug lord

May 27 Update:

Cruise sector stays afloat

At least 73 dead in Jamaican capital shoot-outs

Credits:

Video                      Al Jazeera    

Photograph           Cruise Critic

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St. Lucia News On Line reports that Norwegian Cruise Lines (NCL) dropped St. Lucia from its 2010-2012 schedule.

The article states that NCL abandoned St. Lucia because of attacks on cruise passengers which occurred on three occasions while the cruise passengers were sight-seeing on the island.

It's about time.

Last December, we reported on out-of-control crime in St. Lucia, and the cruise line's failure to warn passengers:

14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia

Crime in Caribbean Ports of Call Against Cruise Passengers

Most U.S. passengers do not understand the high rate of crimes against Americans in Caribbean countries like St. Lucia, Jamaica, Antigua and the Bahamas. 

Cruise lines face legal liability when they take passengers into dangerous locations and fail to warn them of crime, particularly during cruise sponsored excursions. 

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The Chicago Sun Times has an article today regarding the impact of crime against cruise passengers in the Bahamas.  The article is entitled "Sometimes, it's not better in the Bahamas - Armed robberies in Nassau have tourists, cruise lines on the defensive."

The article is by a Disney cruise passenger, Carney Milne, who took the now infamous Segway tour into the 160 acre nature preserve called "Earth Village" last month.

Ms. Milne toured the preserve with eight other passengers from Disney's cruise ship, the Wonder.  Two hooded and armed gunmen forced her and the other passengers to the ground.  She vividly describes that she was "paralyzed by fear" as one gunman pumped his shotgun and later fired a warning shot as he robbed the passengers of their valuables.

The robbers then turned their guns on nine cruise ship passengers, from Royal Caribbean’s Navigator of the Seas, after they arrived on the scene riding their Segways.

After the robbery, the Bahamian police repeatedly told her that “this never happens in the Bahamas. Never.”  But after returning to the U.S., she learned that’s not true. She reports that "an almost identical mass armed robbery took place a month earlier at Queen’s Staircase, another popular tourist destination. Eleven cruise passengers were held at gunpoint and robbed of their cash, jewelry and other belongings."

We discussed the "Queen's Staircase" armed robberies in October - Eleven Cruise Passengers Robbed in Nassau.  No one else in the U.S. covered this brazen armed robbery of cruise tourists in downtown Nassau on a beautiful Sunday morning. 

The New York Times recently ran an story called "When Crime Comes to Paradise."  Written by Michelle Higgins in the Times' "Practical Traveler" section, the article suggests that crime is rising in Belize, Dominican Republic, Trinidad & Tobago, and St. Lucia. 

Just yesterday we reported on 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia. 

Again, no newspaper in the U.S. covered this story of cruise passengers being robbed while on a cruise sponsored excursion.

I was quoted today in the Chicago Sun Times article saying: "This isn’t random — these cruise tours are being targeted . . . you’re not going to be targeted for armed robbery as a cruise tourist on a ship from Seattle to Alaska. It’s more of a reflection of what’s happening in the Caribbean and the poverty that exists outside of the city limits, and people who are desperate for money.”

Now, the tourism boards in St. Lucia and the Bahamas are not going to be happy with stories like these.  But the fact of the matter is that 43 cruise passengers have been robbed at gunpoint in the last two months.

The Bahamas still sell t-shirts claiming that its "Better in the Bahamas."  And the cruise lines keep these crimes secret as they make hundreds of millions of dollars selling excursions to unsuspecting guests who are offloaded into increasingly dangerous ports of call. 

Credits

"Caribbean Crime and Violence"    Douglas A. Lawson

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