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

When cruise passengers are injured during cruises and require legal representation, the chances are that they will require a lawyer in South Florida.  Most cruise lines are based in either Miami or Fort Lauderdale.  These cruise lines include "forum selection" clauses in the passenger tickets which require that the passenger's lawsuit must be filed in Florida.  

So if the accident occurs on a cruise ship operated by Carnival, Celebrity, Norwegian, Oceania, Regent Seven Seas, Royal Caribbean, or Silversea cruise line, the passenger will have to find a lawyer here in Miami or Fort Lauderdale.  This is true regardless of where the passengers live,  where they boarded the cruise ship, where the cruise ship is going, or where the accident occurs.  

Many passengers searching for a lawyer on Google or Yahoo run across listings for a "cruise ship accident lawyer" or "cruise ship injury attorney."  There are many lawyers who list themselves as "cruise ship lawyers" but they actually have no education, training, or experience handling maritime cases in general or cruise line cases in particular.

Our firm handles cases only against cruise lines.  We know how the cruise lines defend cases involving injured passengers and crewmembers.  When considering hiring a lawyer to represent you or your family, ask the lawyer some basic questions (our answers follow):

Did you obtain an education in maritime law?  Yes.  I studied maritime law courses starting in 1980 from the best law school in the U.S. with a maritime law curriculum.  Tulane Law School - Admiralty and Maritime Law

Are you a member of any maritime law societies?  Yes.  I am a member of the Maritime Law Association of the United States (since 1984), the Admiralty Law Section of the American Association for Justice, Florida Admiralty Trial Lawyers Association, and Southeast Admiralty Law Institute.

Have you lectured maritime law students?  Yes.  Last week I was invited to speak before the Maritime Law Society of Stetson Law School, the oldest law school in Florida.  Cruise Law Visits Stetson College of Law to Discuss Crime on Cruise Ships

Have you handled cases against cruise lines before, and how many?  Yes.  Over 500, in the last 10 years alone.  We routinely handle cases against Carnival, Celebrity, Costa, Disney (Magical Cruise Company), Holland American Line, Norwegian, Princess, Royal Caribbean, Regent Seven Seas, and Silversea.

Have you or your clients appeared before U.S. Congress regarding issues of cruise ship safety?  Yes.  We have attended five Congressional hearings in Washington D.C. with six clients regarding issues of cruise line safety issues.   

Do you handle only maritime cases?  Yes.  We handle only maritime cases involving accidents and injuries on cruise ships.  We have handled high profile cases involving cruise ship fires, collisions, and sinkings.  

The cases typically involve a cruise passenger slipping and breaking an ankle, knee, or hip on the cruise ship, an injury during a shore excursion, a passenger who is sexually assaulted during the cruise, or a crewmember who is injured during work.  Most cases where passengers and crewmembers are injured also involve issues of delayed or inappropriate medical treatment.  

Have you or your clients been featured in newspapers, documentaries, or on television news programs?  Yes.  Over 100 newspaper articles, law journals, and television programs have featured our firm and/or our cruise passenger clients.  

ABC, CBS, MSNBC, CNN, FOXNews, DATELINE, 48 HOURS, Larry King Live, A & E Investigative Reports, Hannity & Colmes, Greta Van Sustern, Nancy Grace, Inside Edition, Julie Banderas, Big Story Weekend, CourtTV, Catherine Crier, Montel Williams, Joe Scarborough, Rita Cosby, Mike & Juliet, Geraldo Rivera, Nancy Bloom, Dan Abrams, UK’s BBC-Radio 4, Heartland w/John Kasich, E!  Entertainment, TruTV, Canada’s CATV-5, Good Morning America, TIME Magazine, National Law Journal, RADAR Magazine, Lawyer’s Weekly USA, Miami Herald, American Law Media, Tradewinds, Fort Lauderdale’s Sun-Sentinel, Miami Business Review, LA Times, NY Times, Salt Lake Tribune, Florida Today, Daytona Beach Journal, Sacramento Bee, Washington Post, Greenwich Times, Greenwich Citizen, Greenwich Post, San Francisco Chronicle, St. Petersburg Times, Miami’s New Times, London’s Guardian, Edmonton Post, Chicago Sun-Times, Bahamas Journal, CruiseCritic, and the Associated Press have all covered our cruise line cases and our client's causes. 

Who are your clients?  Cruise passengers and crewmembers.  Most of our passenger clients are former cruise fanatics.  After being involved in an accident, they feel mistreated or neglected by the cruise staff and are often ignored once they return home from the cruise.  Most cases are not high profile cases, but simply involve an accident and questionable medical treatment on the cruise ship or in the port of call.  

Our cruise passenger clients come literally from all fifty states in the U.S.  Our crew clients contact us from around the world. 

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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 Stultz, 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

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The 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 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 . . .     

Credits:

Robert John McGill with FBI      L.A. Times

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

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Yesterday, U.S. Customs and Border Protective Services arrested a rape suspect who had flown to Miami to go on a Carnival cruise aboard the Destiny.

The Georgetown Times newspaper reports that 32-year-old Tyrone Green has been on the run for two years after he allegedly brutally attacked and raped a 77-year-old woman in her home in South Carolina during the week of Christmas 2007.  But his freedom came to an end Monday when he tried to board a cruise ship in Miami yesterday.

Green was recently placed into the National Crime Information Center (NCIC) computers after evidence matched him to the scene of the Dec. 22, 2007 attack.  When the Customs agents checked Green’s name in the NCIC database, they realized that he was wanted in Georgetown for the rape.

The case is reminiscent of the arrest of another passenger who was arrested in Tampa earlier this year.

Steven Mark Anthony Requena, 28, was arrested while on the Carnival Cruise Ship "Inspiration" at the Port of Tampa.

His name was flagged by a sweep of the manifest of passengers by Homeland Security officials who determined that the passenger was wanted for sexual assault in addition to assault with a weapon and forcible confinement. 

Unlike Mr. Green who was nabbed before he boarded the Carnival cruise ship, Requena was arrested after he cruised for a week.  The U.S. Marshals arrested him only after the cruise ship returned to port.

What was interesting about the Requena arrest was that the U.S. Marshall's office brought a photographer and videographer and filmed the rape suspect as he was forced to make a "perp walk" down the crew gangway and along side the ship.  The Tampa Tribune then blasted a headline "Breaking News: Marshals Arrest Rape Suspect at Tampa Cruise Terminal," complete with photos of the arrest.  

What a production!  Hey, don't get me wrong - our U.S. Marshals deserve the recognition! 

But the problem remains that arrests of rape suspects are rare on cruise ships.  You will never see a photograph or video of a cruise line employee who is accused of raping a passenger making a "perp walk."  

The cruise lines would never let that happen.

Our government does a pretty good job of arresting U.S. citizens trying to board cruise ships who are accused of raping a victim ashore, but a terrible job arresting rapists who attack victims on cruise ships.

Credits:

Tyronne Green     Georgetown Times newspaper, Georgetown South Carolina

Steven Mark Anthony Requena   United States Marshal's Office

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In a prior article, I discussed how cruise lines can report on breaking news by using social media applications like Twitter and Twitpic and manage their reputations in the process.

Twitter was the first to report the collision between Carnival and Royal Caribbean's cruise ships at port in Cozumel. Neither Carnival nor Royal Caribbean used their Twitter pages.

Instead, Carnival employee @Dan85Poindexter was the first person to tweet that Carnival's Legend collided with Royal Caribbean's Enchantment of the Seas in Cozumel after the Legend's mooring lines were released.

Apparently, strong winds pushed Carnival's Legend into the Enchantment, causing relatively minor damage.  Some have characterized the incident as the two cruise ships "trading paint."

Another person on Twitter @enchantedtravel reported on Twitter: "RCCL damage not severe, no tears in hull, and have left for Belize City. Unsure re Legend." She then posted three photos of the collision: http://twitpic.com/jsnyw  http://twitpic.com/jso07 http://twitpic.com/jso18

In addition to the tweeting passengers, a resourceful passenger uploaded his video of the Carnival - Royal Caribbean collision to YouTube.  One of the passengers on the video is heard criticizing the Captain of the Carnival cruise ship: "you have the whole f - - - ing ocean to park on!"

It should be obvious to anyone with a computer that breaking news will no longer be covered first by newspapers or the conventional media, but by citizen journalists, iPhone photographers and YouTube videographers.

Its nice to see the Twitpics and YouTube videos for yourself rather than having to rely on cruise line press statements and the usual spin.

Photo credit: @enchantedtravel

Video credit: hedojake (via YouTube)
 

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In an article in today's Miami Herald entitled "Carnival's Plan to Switch Port of Call Upsets Antigua," the newspaper reports that Carnival has dropped Antigua and Barbuda from its regular seven night Southern Caribbean cruise itinerary.

Antigua's tourism minister, John Maginley, told the Herald that Carnival informed him of their decision via e-mail:

There was no discussion, none,'' Maginely said. ``We're supposed to be partners in this thing, and all we got was an e-mail sent to the agent in Antigua that Carnival is pulling its boat. 

This will cost Antigua, which is dependent on tourism, more than $40 million annually.

This should serve as a wake up call for all ports of call which are dependent on cruise lines.  Carnival holds all of the cards in situations like this.  The notion that a sovereign country like Antigua is an equal "partner" to an 800 pound gorilla like Carnival is fanciful.  If a cruise line can make a better deal with an island next door, which charges a lower head tax, has fewer environmental restrictions, or is willing to foot the bill for a larger dock, then its "see ya later" as far as the cruise line goes. 

The cruise industry likes to promote the image that it is a responsible "partner" with the ports and their local business. Today the cruise line trade organization CLIA posted a link on Twitter @CruiseFacts to a video promoting the cruise industry in Portland Maine. CLIA suggests that its cruise line members are interested in developing and sustaining long term relationships with places like Portland and the "mom & pop" stores in its port. 

But Carnival's quick pull out of Antigua should be a warning to Portland and other small ports which bet their economic future on the cruise industry.

Cruise lines like Carnival are fickle lovers.  Here today, gone tomorrow.  Just ask the tourism minister in Antigua.  He received his "Dear John" letter that his country lost $40,000,000 via email.     

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The cruise industry has picked a fight with Alaska over the $50 tax designed to protect the state. The lawsuit, which is posted online, indicates that the lawsuit was filed by a trade organization called, interesting enough, the "Alaska Cruise Association."

"Alaskan Cruise Association" - Made in Miami, Florida 

There is nothing remotely "Alaskan" about the "Alaska Cruise Association" (ACA).  The ACA is comprised of nine cruise lines, none of which are based in Alaska.  Six of the cruise lines - Carnival, Celebrity, Norwegian, Regent Seven Seas, Royal Caribbean, and Silverseas - are based in Miami or Fort Lauderdale. The other three line, Holland America, Princess, and Windstar Cruises, are all owned by Miami-based Carnival or its subsidiaries.

Even the main lawyer listed on the lawsuit papers, Seattle lawyer Stephen Rummage, is not even admitted to practice law in Alaska. He must petition the court in Alaska for special permission to enter the courthouse in Alaska to argue the case. You can guarantee that the bulk of the ACA's lawyer's fees will be paid by money which can be traced back to Miami. 

Revenge is Sweet

The Miami cruise lines do not like to be regulated and are certainly not used to being taxed.  It is like trying to put a leash on a mean dog.  Someone is going to be bitten.  Yet, Alaska has every right to impose reasonable taxes to protect its pristine environment from the out-of-state polluters like Carnival and Royal Caribbean.   

The lawsuit is revenge against Alaska by Carnival and other cruise lines in South Florida.  Unlike Florida and the struggling islands in the Caribbean which for years have rolled over and played dead for the pollution spewing cruise industry, Alaska has enacted a number of measures to protect the state from  the foreign flagged cruise lines' predatory practices.  Earlier in the year, it was widely reported that the cruise industry was having difficulty convincing the legislators to abolish strict water pollution standards which were approved by Alaskan voters in 2006. 

Like Father, Like Son?

Soon thereafter, Mickey Arison of Carnival began threatening to punish Alaska for the pollution regulations and having the audacity to levy a $50 tax on the passengers who sail on his cruise ships. Any time I hear the word "tax" and "Mickey Arison" in the same sentence, I can't help but to think about Mickey's father, Ted Arison.  He collected billions of dollars from tax paying U.S. passengers and lived the good life in Miami but he registered his Miami based cruise line and his cruise ships in Panama to avoid all U.S. taxes.  In 1990, he abandoned Miami, denounced his U.S. citizenship, and returned to Israel with his billions in a ploy to avoid estate and inheritance taxes.

So here we are again, with the younger Arison leading the charge of the Miami consortium of foreign flagged cruise ships pretending to be an "Alaskan" non-profit organization with Alaska's best interests at heart. A wolf in sheep's clothing. This is pay back by the Miami cruise lines, and business as usual for the latest tax avoiding Miami billionaire.    

Photo credit:

Business Week   -    Photo of Mickey Arison         

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