Rescued Passenger Kisses and Waves Goodbye to Cruise Ship

One of the stories I never tire of reporting is when a Coast Guard helicopter plucks a sick cruise passenger from the deck of a cruise ship and takes the passenger ashore for emergency medical treatment.

The skill of the U.S. Coast Guard in rescuing people from cruise ships is rather remarkable. The Coast Guard can fly 200 miles out to sea to medevac ill and injured passengers and crew.  Other than England, Canada and perhaps a few other countries, you will not see anyone performing life saving heroic missions to rescue the needy on the high seas other than the U.S. Coast Guard.     

Below is a video of a Coast Guard helicopter hoisting a young woman from the deck of the Explorer cruise ship as the ship returned from a Caribbean cruise.  The helicopter took the passenger to a hospital in Key West.

At the end of the video, you can see the young lady in the rescue basket waving to the cruise ship, and kissing goodbye perhaps to a loved one below.

 

 

Video credit:  U.S. Coast Guard

Will the Juggernauts of the Seas Ruin Venice?

The Telegraph in the U.K. has an interesting article this weekend - "Cruise Ships Could Be Shut Out of Venice Over Erosion Fears."

The article points out that environmentalists and heritage groups have long complained that mammoth cruise ships plow through the shallow Venetian lagoon and damage the fragile canal banks, wooden piles and mud banks on which the city rests.

The article shows a photograph of Royal Caribbean's Voyager of the Seas looming over the beautiful canals and bridges of Venice.

Venice Italy - Cruise Ships

 

The mayor of Venice, Giorgio Orsoni, plans to meet the head of the city's port authority, Paolo Costa, this week to discuss the problem.  He is quoted stating that "the problem of these juggernauts of the sea needs to be confronted." 

There has been a significant increase in the number of cruise ships visiting Venice, from 200 in 2000 to 510 in 2007.   The newspaper reports that last year 1,600,000 tourists arrived in Venice by cruise ship

Mayor Orsoni suggested that cruise ships could be transferred to Porto Marghera, on the mainland, in order to minimize the environmental and aesthetic impact on Venice.

This is not the first time that a major newspaper has addressed this issue.  In May, the New York Times ran across an interesting article "Venice Tourist Ships Rattle Windows and Nerves" by Elisabetta Povoledo.

I visited Venice by backpack when I was in college and commented on my impression of the effects of the cruise industry on Venice over the past 35 year in my article Are Cruise Ships Ruining Venice Or Just Memories From My Youth?  You can see a couple of photos I took when I was in college and stayed in Venice for a few days. 

The photo below is from the New York Times article.

Venice - Cruise Ships   

 

Photo credit:

Top:  Alamy via the  Telegraph

Bottom:  Manuel Silvestri/Reuters

Woman Alleges False Imprisonment on Scientology Cruise Ship "Freewinds"

Scientology - L. Ron Hubbard - Freewinds Cruise ShipThe Australian Broadcasting Network just published a weird and disturbing report that the Scientology organization held a young woman against her will on its cruise ship, the Freewinds, which the Scientologists home port in Curaçao. 

The report involves Valeska Paris who was born into a Scientology family.  Her father, once a millionaire, alleged that the organization fleeced him and he became impoverished.  After he committed suicide, her mother denounced Scientology on national television.  Scientology "church" leaders then instructed Ms. Paris to have no further contact with her family and placed her on the organization's cruise ship where she has been held for twelve years.

As a child, Ms. Paris had enlisted into Scientology's "Sea Organization" which required her to agree to a "one billion year contract" of service. 

It seems that the Scientology cult uses the cruise ship to teach "specialized services . . . in advanced spiritual concepts" based on lectures that its leader L. Ron Hubbard gave in the 1960s.  Hubbard thought that the path to higher spirituality could be found in settings like cruise ships sailing to tranquil locations.  Hubbard was often photographed wearing a captain's hat.

The "Church of Scientology International" calls Ms. Paris a "liar" and an "apostate."  It refers to Ms. Paris' claims as "wholly irresponsible, ludicrous, sad, spurious, dishonest, ridiculous, unreliable,  uncorroborated, and totally false."  You can read the over-the-top Scientology denials here.   

The Scientology statement says that the Freewinds cruise ship is a "wonderful place."

The last time the Freewinds was in the news was in 2008 when asbestos was located on the ship and the cruise ship was declared a health hazard.  It was dubbed the Death Ship

The Freewinds also came under criticism for discharging waste and polluting the waters of southern Caribbean islands.

 

Victim Support UK: Cruise Ship Crime is "Hidden Scandal"

When the official "investigation" over the disappearance of their daughter by a single policeman in the Bahamas went nowhere, and Disney Cruise Line left them with no explanation, the Coriam family turned to two organizations for help - Victim Support and the International Cruise Victims.

Ann and Michael Coriam will tell you that these two organizations have been there at every step for their family as they seek answers regarding what happened to their daughter Rebecca, a Disney youth counselor who disappeared from the Disney Wonder in March of this year. 

Those of you who are regular readers of this blog are familiar with the International Cruise Victims ("ICV"), a U.S. non-profit organization founded by Ken Carver after his daughter mysteriously disappeared a cruise on the Celebrity Mercury.  The ICV is responsible for creating awareness of Victim Support - Rebecca Coriamdangers on cruise ships which the cruise industry would prefer the public not to know.  Due to the ICV's hard work, last year President Obama passed the Cruise Vessel Security and Safety Act.

You may not be as familiar with Victim Support, a non-profit organization based in the United Kongdom which  provides free and confidential help to victims of crime and their family across England and Wales.  It also speaks out as a voice for victims and campaigns for change. 

The hard work of Victim Support has been recognized of late, with the Daily Mirror in the UK publishing an article yesterday referring to the goals of this charitable organization.  The article states:

"The charity has two major concerns: holidaymakers are twice as likely to suffer sexual assault when on a ship, and crimes are not investigated properly.  Cruise firms want to protect their image and say almost all the missing people fell overboard.  But others suspect a more sinister reason for the disappearances and the charity wants better investigations into previous cases, as well as more measures taken to stop them happening.

The charity’s chief executive, Javed Khan, said: “How crime on cruise ships is investigated and how victims are dealt with are a hidden scandal.  Many victims are left without protection and little prospect of securing justice.”

Victim Support is now calling on the International Maritime Organization ("IMO") to take urgent action to improve the prevention and investigation of crimes on cruise ships.

You can read more about Victim Support's campaign to make cruising safer here.

Carnival Waiter Sexually Abuses a Minor Aboard Carnival's Liberty Cruise Ship

The U.S. Attorney's Office in Miami announced today that it is charging a Carnival Cruise crewmember with sexually abusing a 14 year old passenger aboard the Liberty cruise ship.  

According to the criminal complaint filed against the cruise ship employee, Carnival crewmember Kert Clyde Jordan, age 35 of Grenada, engaged in unlawful sexual abuse of  a 14-year old girl while she was cruising on a vacation with her family on the Carnival Liberty.  Under the United States Code which applies to maritime crimes on the high seas involving U.S. citizens, foreign crewmembers can be charged with "sexual abuse."  There is no federal crime involving rape on the high seas against minors. 

Carnival employed crewmember Jordan as a waiter on the Liberty.  The incidents in question occurred in a bathroom on the lido deck of the cruise ship.

The young girl reported the crime to her family after returning home. 

A pre-trial detention hearing is set for December 1st in the U.S. District Court for the South District of Florida here in Miami.

We have reported on many crimes involving young girls on cruise ships before.  Unfortunately, cruise lines like Carnival do not warn parents of crimes like this although they are frequent.  Just a few days ago we reported on "Serial Rapist" Sentenced to 10 Years for Rape of 13 Year Old During Carnival Cruise.

You can read about cases where child predators abuse children in cases on a Royal Caribbean cruise ship like this or where a Carnival crew member rapes a 14 year old girl like this.   

Even supposedly kid friendly cruise lines like Disney Cruises have a history of sexual assaults against young girls on their cruise ships: Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

We have represented several rape victims before our U.S. Congress and have sued cruise lines on behalf of sexual assault victims on cruise ships and have recovered compensation from $100,000 to over $3,000,000 for our clients. 

December 10, 2011 Update:  Update on Alleged Sexual Assault of Child Aboard the Carnival Liberty Cruise Ship

Carnival Elation - Cruise Ship Sexual Assault

Photo credit:  Carnival Elation cruise ship - Montego Bay Jamaica - Jim Walker

How to Hire a Miami Maritime Lawyer to Sue a Cruise Line

Each year 14,000,000 people (yes 14 million) will go on a cruise.  There are literally hundreds of passengers, as well as crewmembers, who will suffer a serious back injury or break their ankle, leg or hip after slipping and falling while cruising.  Once back home after the cruise, they find it difficult to think of hiring a lawyer who they have never met in order to sue a large corporation in a far-off location like Miami.

But the process of hiring a Miami maritime lawyer to bring a claim against a cruise line like Carnival or Royal Caribbean is simple.

Jim Walker - Miami Maritime LawyerOver 95 percent of our firm's clients live out side of Florida.  If you have a question about an accident on a cruise ship, send us an email.  You can reach me directly: jwalker@cruiselaw.com  

You will receive an answer to your email right away.  We will need answers to four issues: 

When did the accident occur?  Remember that you have only one year to file a lawsuit against a cruise line!  This is a much shorter period of time than most land based injuries.

Which cruise line and which cruise ship were involved?  The majority of the cases we handle are against Royal Caribbean, Celebrity, Carnival and Norwegian cruise lines.  These cases have to be filed here in Miami.  Other cruise lines like Princess Cruises have to be filed in California.  Holland America Line, for example, has to be sued in Seattle.  If we can't help you, we will find someone who can.

What happened and why is the cruise line responsible?  Be prepared to tell us not only how the accident occurred but why you think that the cruise line is liable.     

What injuries did you sustain?   The nature and extent of your injuries are important issues in your case.  Have you undergone surgery?   What type of medical treatment will you need in the future?  Once you retain us, we will quickly obtain copies of all relevant medical records and reports. 

If you prefer to call us, we look forward to speaking with you. We have a toll free number (800) 256-1518.  You will probably initially speak with one of our assistants, like Jan or Betsy (photo right, with client), who will ask you a few questions about the basic information listed above.  I will be pleased to answer any questions you may have.

If you decide to hire us, we work on a contingency fee.  This means that we do not bill you or ask for a retainer.  We are paid only if we are successful and obtain a settlement or a verdict.  You have nothing to lose. 

Miami Florida Maritime Law Firm We will send you four documents.

The first is the contingency fees agreement.  All lawyers who handle these type of cases must have a written contract with the client where everything is spelled out.  The second document is a statement of your rights as a client.  We will also send you a short questionnaire about your cruise accident.  The last document is a medical authorization so that we can obtain copies of your medical records.

We will email these items to you shortly after you email us or speak with us on the telephone.  Just fill out the forms and return them to us.  There is no need to travel to Miami to start your case.

One of the main reasons why cruise lines like Carnival and Royal Caribbean require that all claims be filed in Miami is that they know that it is inconvenient for injured passengers to do so.  That's why we make it easy for our clients to retain us.  Simply send us an email or make a single call.

I'm sure that you may have other questions, and I will be happy to spend as much time as necessary to provide answers for you.  I have been handling maritime injury cases since 1983.  Over ten years ago I was interviewed about the process of filing a claim against a cruise line. 

You can obtain additional basic information by reading the article here - Cruise Passenger Rights and Wrongs - Interview With Maritime Lawyer Jim Walker

Tragedy on HAL's Half Moon Cay: A Mother's Perspective

One of the purposes of this blog is to educate the public of dangers of cruising and the legal hurdles passengers face when things go wrong during a cruise.  

One of the first issues I felt compelled to write about when I started this blog over two years ago was the Death On The High Seas Act ("DOHSA").  DOSHA does not permit cruise passengers to recover pain, suffering, grief, or bereavement if a loved one dies outside of the territorial waters of the U.S.  DOSHA provides only limited financial damages, such as lost wages. 

If a child is killed during a cruise or shore excursion due to the cruise line's negligence, there is no recovery at all because the child is not a wage earner.  I wrote about this in my series of the "ten reasons not to cruise" -  Reason No. 5:  If You Are Retired Or A Child, The Cruise Line Considers Your Life Worthless.

Cruise lines love DOSHA.  It eliminates all consequences of their negligence and provides no incentive to act responsibly.  The cruise industry spends millions of dollars lobbying Congress to make certain that DOSHA is not amended to provide reasonable compensation to grieving families.

This weekend, I received the following comments from a Mom who lost her daughter during a  Holland American Line cruise, while on HAL's "private island" Half Moon Cay.          

Holland America Line's "Family Cruise" - Half Moon Cay

"My 3 year-old daughter was killed on Christmas Eve of last year while on a Holland America cruise with her biological father. She drowned in the designated children's swim area of a private island Death On The High Seas Act - Holland America Line -  Cruisein the Bahamas owned by HAL.  This tragedy occurred in plain view of hundreds of people present and right near where a lifeguard SHOULD have been actively on duty.

I would never have considered allowing her on the cruise if I believed for a moment that I was putting her in harm's way.

Imagine what it feels like to receive a phone call on Christmas Day and fully expecting to hear a relative calling with a Christmas greeting.  Instead, you are informed, with no preamble or warning, that your darling daughter is dead.

Holland America has made it perfectly clear to us that they feel they have no responsibility in the matter, and even if they did have any liability, that their interests are fully protected by the Death on the High Seas Act.  Never mind the fact that the children's swim area contained many bright toys to lure children into the water, and deliberately lulls the guests into a false sense of security with signs nearby that say "Paradise -- you'll want to stay forever" (or similar.)  Because the DOHSA does not cover pain and suffering (only loss of a paycheck, and let's face it, my daughter didn't have a steady job), they have informed me that I am entitled to absolutely nothing.

Thanks, Holland America. And a Merry Christmas to you as well.

Be aware of this stance before you go on one of Holland America's "Family Cruises" (one of their employees told me their target market is families for their Christmas Cruises).  Holland America is only too happy to take full advantage of their supposed protection under a law that they themselves have so much as admitted as being archaic.  For some terribly naive reason, I actually had hoped that instead of hiding behind the cover of an inappropriate law to protect themselves from their failures to provide a safe environment for my child, that they would actually be moved to simply do the right thing.  Silly me.

The DOHSA Act was originally passed in 1920 to cover scenarios of a fisherman (read: breadwinner) lost at sea.  The intent of the law was certainly never to cover the loss of a child on a cruise, but the cruise industry is taking full advantage of its existence and has opposed efforts to change this law.

The lesson that Holland America has taught me with their brush-off treatment of my complaint is loud and clear: pain and suffering are worthless.  I can't even bring myself to contemplate what their message communicates with regards to their perceived value of the life of my daughter."


 

Were you on the cruise or at Half Moon Cay at the time of this incident? 

Should DOHSA be amended to provide the same remedies as land based law?

Please leave a comment below . . .

 

For other articles on DOHSA, consider reading:

What Does BP, Al Qaeda and a Cruise Line Have In Common? 

Death On The High Seas Act Protects BP and Cruise Lines at the Grieving Family's Expense

Drugs on the Love Boat - Princess Cruises Crewmember Busted with $700,000 of Cocaine

Grand Princess Cruise Ship - Cocaine Drug SmugglingThe Crown Court in Southampton, England imposed an eight year jail sentence against a Princess Cruises bar supervisor who attempted to smuggle 1.29 kilos of cocaine with a 100 per cent purity worth  £429,000, into the U.K. 

At the current U.K. - U.S exchange rate, this is about $700,000 worth of coke.

The Daily Echo newspaper in England reports that Princess Cruise crewmember Herman Spence, age 46, from Montego Bay, Jamaica, was detained by U.K. customs officers after he left the Grand Princess cruise ship when it docked in Southampton on July 16 of this year.

The U.K. customs people examined Mr. Spence's backpack and discovered a size 13 pair of sneakers which contained the cocaine. Two other packages of cocaine were discovered in the backpack. 

When his cabin was searched, customs officials found more than £16,000 in cash. 

Princess Cruises cruise ships are flagged in Bermuda, which routinely busts U.S. passengers for small amounts of pot, but has an indifferent attitude toward violent crimes on its Bermuda flagged cruise ships. 

The newspaper reports that Mr. Spence has been in the cruise industry for 15 years.

Is this his first attempt at drug smuggling?

 

Epilogue:  Cruise lines like Princess, despite their best marketing efforts to portray themselves providing safe and carefree "Love Boat" experiences, are often associated with drug smuggling.  For example, in 1998 the original "Love Boat," the Pacific Princess, was impounded by police in Piraeus, Greece after 25 kg of heroin was found on board, smuggled by two Filipino crew men.  According to police sources quoted in the BBC report at the time, there was evidence the cruise ship had become a major tool for drug smugglers in the Mediterranean.

 

Photo credit: Daily Echo  

Are the FBI and Coast Guard Underreporting Cruise Ship Crimes?

One of the key provisions of the Cruise Vessel Security and Safety Act of 2010 is that crimes on cruise ships are suppose to be posted on the internet in order to provide a warning to the U.S. public. 

After listening to testimony over the course of the last five Congressional hearings, Congress concluded that cruise ship crime in general, and sexual assaults in particular, were such a problem that the U.S. public needed to be warned. 

Just last month, in the case of Jane Doe v. Princess Cruises, the Eleventh Circuit Court of Appeal held that " .  .  . if congressional reports are to be believed, sexual assaults and other violent crimes on cruise ships are a serious problem."  The Eleventh Circuit cited the testimony from cruise line executives from the March 2006 Congressional hearing that 178 passengers on North American cruises reported being sexually assaulted between 2003 and 2005.  During that same period, 24 people were reported missing and four others reported being robbed. 

In the March 2007 hearing, a FBI representative testified that from 2000 through June 2005, the FBI opened 305 case files involving “crime on the high seas.”   During those five years about 45% of the crimes that occurred on cruise ships involved sexual assaults.

In September 2007, a Deputy Assistant Director of the FBI testified before Congress that “sexual assault and physical assaults on cruise ships were the leading crime reported to and investigated by the FBI on the high seas over the last five years, 55 percent and 22 percent respectively . . . . Employees were identified as suspects in 37 percent of the cases, and 65 percent of those employees were not U.S. citizens.”  The FBI representative also testified that the majority of cruise ship sexual assault cases are not prosecuted.

Although these numbers are significant, I have always thought that the crime statistics reported to Congress are probably just a fraction of the actual number of crimes which occur during cruises.  For example, in 2006, Royal Caribbean told Congress that 66 rapes and sexual assaults reportedly occurred over the course of the preceding three years.  However, in a subsequent civil case we handled, a trial court here in Miami ordered the cruise line to produce its raw crime data to us.  The reports revealed that the total number of sex-related crimes were actually around 273, including allegations of sexual assault, sexual battery, sexual harassment and inappropriate touching during a shorter time period.

The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."   

With the new cruise safety law, cruise lines were finally required to report incidents of homicides, suspicious deaths, missing U.S. passengers, assaults, sexual assaults and thefts over $1,000 to the FBI.  The U.S. Coast Guard, in turn, is responsible for posting the FBI cruise ship crime statistics on the internet for the public to view. 

So what do the crime statistics the Coast Guard posted on the internet reveal?

According to the United States Coast Guard Investigative Services' quarterly report from July 1, 2011 through September 30, 2011, not a single reportable crime occurred.    

Let me repeat that.  According to the just released FBI / Coast Guard report - not a single reportable crime occurred during the third quarter of 2011.

According to the FBI / Coast Guard's first quarter and second quarter reports, only a total of ten sexual assaults occurred in the first six months of this year. 

For 2010, the FBI / Coast Guard report disclosed only 28 sexual assaults on cruise ships.  For the first nine months of this year, the number has dropped to only 10 sexual assaults.

These numbers are not only far less than in any of the prior years, but they are even less than the number of crimes the cruise lines will admit occurred.  For example, last month a newspaper in New Zealand reported on a study which concluded that the risk of being sexually assaulted was twice as high on a cruise ship than ashore.  Royal Caribbean responded to the article by stating that it had 24 incidents of rape or sexual assaults last year.  Yet, in their 2010 report, the FBI / Coast Guard disclosed that Royal Caribbean had only 6 such incidents in all of 2010.    

The FBI does not inform the public of alleged crimes which are under investigation (this is permitted by the cruise safety law) and this may partially account for such low numbers.  But the reality is that the FBI investigations rarely lead to a prosecution.  Not disclosing crimes because they are allegedly "under investigation" by an agency whose investigations rarely lead to a prosecution does the public a real disservice.  

Also, the numbers which the FBI and Coat Guard chose to disclose to the public do not include incidents which the FBI determines lacks sufficient evidence of a federal crime or the FBI deems unworthy of conducting a full investigation.  This is the rather amazing part of these statistics.  The cruise safety law was passed in large part because of an incident where a passenger was clearly sexually assaulted, yet the FBI prematurely closed its investigation the same day that the cruise ship returned to Los Angeles after the crime occurred.  I am talking about the case of Laurie Dishman whose Congresswoman in California, Doris Matsui, was instrumental is passing the Cruise Vessel Security and Safety Act in the first place.

Based on the FBI and Coast Guard's current method of responding to the cruise safety law, these agencies would probably not even disclose the cruise ship crime against Ms. Dishman if it occurred today.    

There is something very wrong here.  What should the U.S. public conclude by reading the recent third quarter FBI / Coast Guard statistics suggesting that not a single crime occurred on a cruise ship over the past three months?   Around 3,500,000 passengers sailed on cruise ships over the past ninety days, millions out of U.S. ports, and not a single crime occurred?

What a joke.

The FBI and Coat Guard are making a mockery of the Cruise Vessel Security and Safety Act  - a law victims of crime worked hard to enact in order to protect future cruise passengers.

Its time for Congress to take another look at the way the cruise lines, FBI and Coast Guard are reporting - or in this case - not reporting cruise ship crimes.  

 

For an insight into the actual number of incidents of sexual assaults and crimes on cruise ships, we suggest following sites:

Sun Sentinel Data Base

Professor Ross Klein Cruise Crime Analysis October 30 2007 - September 1, 2008

Professor Ross Klein's Analysis  of Reports of Sexual Harassment and Sexual Assault on Royal Caribbean International, 1998 - 2005

Busted in Bermuda - Customs Officials Extort Money From Cruise Passengers By Unconstitutional Drug Searches

This year we have been reporting on the high number of arrests by the Bermuda customs officials of cruise ship passengers for small amounts of marijuana. 

A Pattern of Invading Cruise Cabins and Shaking U.S. Passengers Down for Money 

Bermuda Flag - Drug BustsAll of the cases fit into a pattern. 

After the cruise ship arrives in port, the passenger leave their cabins and go ashore for sightseeing or to purchase souvenirs from the local vendors in port.  While the passengers are ashore, the Bermuda customs officers will board the cruise ship with sniffer dogs and sneak into the passengers' cabins with the drug dogs.  If they find pot, usually in an amount for 6-8 cigarettes or so, they will wait for the passenger to return to the cruise ship and arrest them.  They will then haul the passengers ashore and jail them. 

When the case is finally called, the Magistrate will lecture them and give them the option of 30 to 50 days in jail or paying a fine of $1,000 to $3,000 and leave the country.  The passengers always pay the money and then fly back to the U.S rather than spend a month or two in jail.

In none of the cases we have reported on has there been a search warrant to enter the cabin.  Nor has there there been any indication that the customs officers had probable cause to invade the private cabins of the passengers.    

You can read about the individual cases in our articles:  Are You a Stoner? Don't Cruise to Bermuda!, Cruise Ships & Drug Smuggling and High Times on the High Seas - Cruise Industry Struggles with "Reefer Madness"   The press in Bermuda loves to cover these cases and identify the U.S.passengers and even photograph them, as you can read about here.   

I have always scratched my head reading about these shake downs.  Why don't the defense lawyers move to dismiss the charges because the pot was seized after an illegal entry where there was no probable cause to enter the private cabins nor did the authorities bother to obtain a search warrant?  In the U.S., a case like this would be thrown out in a New York second and the prosecution chastised.

Does Bermuda's Constitution Prohibit Illegal Search and Seizures? 

Cruise Ship Drugs - BermudaWhen I was 15 years old and taking my first constitutional law course (yes, my parents sent me to a great prep school), I read for the first time something called the Fourth Amendment to the U.S. Constitution:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Does Bermuda have a similar provision in a constitution to protect its people from random searches and seizures by the police?

This morning, I seem to have found my answer while reading an article in the BDA Sun last Friday entitled "Cruise Passengers Fined for Cannabis After 'Unconstitutional' Search."

The article covers the story of two women in their fifties from New York who went ashore to visit the sights in Bermuda after the Norwegian Jade cruise arrived in port.  The customs officers entered the cabin the women shared without their knowledge or permission, and without a search warrant or good reason.  They found eight grams of cannabis.  That's about enough weed for ten cigarettes.   

The customs officers arrested the two women and took them to jail.  They were booked for importing the weed into Bermuda, even though they went ashore without the pot and had no intention of taking it ashore and even though the customs officers had to go onto the ship, trespass the ladies' private cabin and root around to find it.

Senior Magistrate Archibald Warner - Bermuda - Cruise Pot"It's Only A Matter of Time Before You All Get Sued"

The newspaper reports that Senior Magistrate Archibald Warner (photo left) fined the two ladies $1,000 each but he did not appear to be particularly happy about doing so.  Here is the exchange between the Magistrate and the prosecution taken verbatim from the local newspaper:

“I see on all these summaries of evidence that customs officers are carrying out random searches on people’s rooms."

“Who told customs officers they can carry out random searches?”

Crown counsel Tawana Tannock told Mr. Warner she wasn’t instructed on that question.

Mr. Warner then said: “Can the police or customs just go in anybody’s room whether hotel or ship and search them?”

Ms. Tannock said: “I can’t speak to that.”

The magistrate replied: “Like a hotel room or somebody’s house, people pay good money for the cruise room."

“So you all may be looking to get sued."

“I mean, if they’re guilty, they’re guilty by the fine for the simple possession is $1,000.”

The Magistrate told Ms. Tannock customs officers should consider or reconsider the search method.

Mr. Warner continued: “I can tell you that there is no such provision giving anybody such authority."

NCL Cruise Ship - Drug Bust - Bermuda“It’s unconstitutional, it would be unconstitutional."

“It’s only a matter of time before you all get sued.”

Bermuda has probably netted $100,000 playing this monkey game with cruise passengers over the past several years.  Are there any competent criminal defense lawyers who can take a hint from Senior Magistrate Warner and raise a peremptory challenge to these type of illegal search and seizures?  

Are there any independent advocates on the island willing to sue the customs officials and prosecutors for what is patently an ongoing unlawful scheme to threaten cruise passengers with jail time in order to reach into their pockets for money?  

August 19, 2011 Update:

The Bermuda Sun reports that a 48 year old US tourist after Customs officers from Bermuda entered his cabin.  The cruise passenger was present and admitted having six grams of cannabis in the cruise ship safe. Customs officers claim that they searched the cabin on the Celebrity Summit in Dockyard on August 17 after receiving an unidentified "tip-off."

Magistrate Archibald Warner, who we reported on above questioning the legality of warrantless random searches, fined the passenger $1,000.

 

Arbitration of Cruise Line Crewmember Cases

In the last few years, the major cruise lines have been trying to enforce arbitration provisions which they inserted into the crew member's employment agreements.

Many of our crew clients around the world ask us "what is arbitration?" and was is the difference between an "arbitration" and a "trial."

Arbitration is a process where disputes between parties are decided by an "arbitrator" or a panel of "arbitrators."  In the crew cases we have arbitrated, the process is started by filing a claim with the Cruise Ship Arbitration - CrewMember American Arbitration Association / International Centre for Dispute Resolution.  This is the administrative body, typically called AAA or the ICDR, which oversees the process. 

The biggest difference between arbitration and a trial, is that a trial takes place before a judge and a jury.  There is no judge or jury in arbitration. 

Arbitrators are typically other attorneys or retired judges who are selected by counsel for the parties.  When there are three panel arbitrators, counsel for the crewmember will select one arbitrator and counsel for the cruise line will select one arbitrator.  Those two selected arbitrators will select a third arbitrator.  The arbitrators are sworn to be fair and impartial.

Once the arbitrator or arbitrators are selected, a date for the arbitration hearing will be selected.  Unlike a jury trial which could easily last more than a week, an arbitration hearing may last just two days.  There are relaxed rules of evidence.  The arbitrators will typically receive into evidence hearsay medical reports and affidavits of witnesses without the other side being permitted an opportunity to conduct cross examination.   

Pre-hearing discovery is limited.  There is no requirement to conduct discovery, although in most cases the crewmember will give a deposition and appear for a medical evaluation by a doctor selected by the cruise line defense lawyer.  We will always have our crew clients examined by a doctor who will appear live at the arbitration hearing, and we will take a deposition of a representative of the cruise line.

The cruise lines are responsible for the filing fee and the fees of the arbitrators.  These costs and fees can be expensive.  A cruise line paid around $60,000 in the ICDR filing fee and the fees of three arbitrators in a recent case.  Obviously, no crewmember could afford to arbitrate if they were responsible for these fees.  

There is the issue of where the arbitration hearing will take place.  Many arbitration agreement stipulate that the hearings will take place in the country where the cruise ship is flagged or the country of the crewmember's citizenship of the crewmember.  In many cases, the cruise line will nonetheless agree to arbitrate in Miami, because it is too expensive to pay the fees and costs associated with flying Miami based arbitrators and defense lawyers to far away places like India.  Quite frankly, I would love to arbitrate cases in India, Romania, Serbia, and throughout the Caribbean islands.    

Another big difference between arbitration and a trial is that the entire arbitration procedure, from start to finish, should take less than one year.  Given the congestion of our court docket in the state court system here in Miami, a date for jury trial could take two years or more.  This is good news for injured crewmembers who have no income and are in need of resolving their cases in an efficient manner.

Once the arbitration award is decided, it is not appealable except under very rare circumstances.  This is good news because the cruise lines can't drag out an appeal for another year. 

It is generally thought that a down side of the arbitration proceeding is that the amount of the arbitration awards are generally considered to be less than what a jury might otherwise award.  But the range of arbitration awards in my experience and to my knowledge have not been unreasonably low.

Of the six or so arbitration awards I am familiar with regarding crewmembers with injured backs for example, there was a low award of around $75,000, several in the $300,000 to $400,000 range, one for $800,000, and the high award of $1,250,000 which our firm handled this year.

If you are a crewmember injured on a cruise ship, don't hesitate to contact our office for a free consultation to discuss your rights.

Coast Guard Calls Off Search for Missing Passenger, Blake Kepley

Blake Kepley, a Fallbrook High School graduate was last seen between 12 and 1 a.m. on Friday, July 22, 2011. His family reported the 20-year-old missing at about 2:30 p.m. that same day according to the Village News; however, Sign On San Diego reports that the family notified the cruise line as early as 7:00 a.m. Both reports maintain that Holland America waited until 4:00 p.m. before contacting the Coast Guard to report that Kepley possibly went overboard.

The Coast Guard immediately began the search; however, was unsuccessful in locating Kepley and the search was suspended nearly 24 hours later after covering more than 352 miles. Kepley went missing between Sikta and Ketchikan during his Alaskan cruise aboard Holland America’s Oosterdam.

For more information click on NBC’s San Diego News Report:

If you have any information or tips regarding the disappearance of Blake Kepley, e-mail us at jwalker@cruiselaw.com

Video credit: NBC San Diego

"Injured on a Cruise Ship?" - Lawyer Advertising in Jamaica

Today we began advertising in Jamaica, as I mentioned in an earlier blog.  The ad below will begin appearing in some of the newspapers in Jamaica, and a variation will appear on some of the billboards in Jamaica.

I have been a lawyer for 28 years.  I have never advertised on television, radio, newspapers or billboards.  We have relied on our reputation developed over the years and recommendations from one client we have helped to the next potential client who finds himself in a similar situation.

I have always viewed "billboard lawyers" with disdain.  Florida is littered with huge billboards looming over the highways advertising lawyers with 1-800 I N J U R Y telephone numbers.   

I do not think I have ever seen any of these "billboard lawyers" actually in the courthouse.  Probably because they don't really go to court or actually handle cases.  Many of these lawyers take the calls from their 1-800 numbers and then refer the cases to other lawyers to handle.  Lots of Americans point to the lawyer billboards as endemic of the so-called "litigation explosion" which many people think plagues the U.S. 

Unlike the U.S., Jamaica has a culture where litigation is not encouraged.  Plus there are virtually no Jamaican lawyers who advertise.  Injured crewmembers are often from countries like Jamaica where few people file lawsuits, there is no legal advertising, and it is difficult to obtain basic information about your legal rights. Cruise lines often take advantage of this type of situation.

Over the next few months, Jamaicans will see our firm's name and photos on billboards, in newspapers, and on the radio throughout the country.  We know first hand that there are many Jamaican men and women who dedicated their careers to cruise lines like Royal Caribbean, only to be sent a one way ticket home and forgotten when they are seriously injured and can no longer work at sea.  Advertising in Jamaica will help level the playing field against the cruise lines.  We are educating these crewmembers regarding their right to obtain compensation here in Miami when they are disabled from cruise ship employment.

So, it is with mixed feelings that I am about to become a "billboard lawyer."   But not just any "billboard lawyer."  A Jamaican billboard lawyer.  

But unlike U.S. billboard lawyers, you will see the lawyers in our firm in the courthouse here in Miami fighting for the rights of our clients who the cruise lines have abandoned in Jamaica.      

June 28, 2011 Update:  We modified our ad, with a non descript cruise ship and a different background.

 

Environmental Groups File Suit in California to Slow Ships Down in Order to Avoid Whale Strikes

Cruise Ship - Whale Strike - Speed LimitThe Mercury News in San Jose California reports that four environmental groups filed a petition with the federal government today seeking to force cruise ships and other large vessels to slow down in waters between San Francisco and Los Angeles in order to reduce the chances of whale strikes.

A San Francisco environmental group, Pacific Environment, as well as Friends of the Earth, Center for Biological Diversity, and the Environmental Defense Center filed the petition.  They are seeking to apply a speed limit of 10 knots for all vessels larger than 65 feet while sailing through California's four national marine sanctuaries.

The legal proceeding was filed against the National Oceanic and Atmospheric Administration ("NOAA").  

The newspaper reports that nearly 50 large whales off California have been struck by ships in the last 10 years.  Around 3,500 cargo ships, oil tankers and cruise ships sail into San Francisco Bay every year, many are coming from or heading to Los Angeles, typically traveling between 13 and 25 knots.

Shipping company officials told the newspaper that they do neither support nor oppose such a speed limit, and will not commit to a position until more study is performed indicating that it can reduce collisions.

If NOAA fails to impose a speed limit, the environmental groups said that they will consider filing a lawsuit under the Marine Mammal Protection Act, the Endangered Species Act and other laws.

In one of the most graphic photographs of a cruise ship / whale strike, in 2009 the Princess Cruises' Sapphire Princess arrived in port in Vancouver, unaware that the cruise ship impaled a fin whale on the ship's bow while in Alaskan waters (photo below).  The whale was a female fin whale (Balaenoptera physalus).  Princess claimed that the whale was already dead when the cruise ship hit her.  

Cruise Ship Strike - Dead Whale - Speed Limit

 

Photo credits:

Top:  John Ford / WildWhales.org

Bottom:  Rex Features / Telegraph U.K.

Cruise Law Visits Montego Bay Jamaica

Falmouth Jamaica - Royal CaribbeanI just returned from a three day trip to Montego Bay. 

My co-counsel, Jonathan Aronson, and I met with several of our clients who were seriously injured while working for Miami based cruise lines and have been languishing in Jamaica after being dumped back at home.  Seeing our clients, in their local communities, with their kids, brings a sense of reality and urgency to our relationship with them.   

We visited the port in Freeport / Montego Bay, the new Royal Caribbean development in Falmouth (more about that to come later), and headed over to Ocho Rios to meet the family of one of our clients who needs surgery after a cruise line accident.

A good trip.  

The country of Jamaica is beautiful.  Its people are filled with courtesy and generosity. 

Over the course of the next week, we will talk about some of our experiences in Jamaica, and the relationship of this proud Caribbean country with the Miami-based cruise industry.

Photo: 

Above - Jim Walker - Falmouth with Pullmantur Horizon cruise ship in background.

Below - Jim Walker - Kevin, with wife, son and Jonathan Aronson

Jamaica - Montego Bay - Cruise - Crewmember

 

Fox News Focuses on Dangerous Cruise Ship Medical Care

Fox News 11 (Los Angeles) has published a special investigation into the quality of medical care aboard cruise ships.  The article is entitled "Cruise Ship Medical Care Under Scrutiny."

The article and video below focus on the fate of cruise several passengers, including the daughters of Ken Carver (Merrian Carver), and the daughter of Jamie Barnett (Ashley Barnett), whose parents are left to tell their stories.

Ken Carver is now the Chairman of the International Cruise Victims organization (ICV) which he founded over five years ago following the disappearance of his daughter.  When he tried to investigate what happened, the cruise line (Royal Caribbean / Celebrity Cruises) engaged in a cover-up.  He created the ICV to organize the families of hundreds of passengers who are victims of cruise ship malpractice, crime and lack of responsibility.

Jamie Barnett lost her daughter due to the medical negligence of Carnival which defended the delayed and bad medical treatment by claiming that the cruise ship doctor and nurses were "independent contractors" for whom Carnival was not responsible.  Ms. Barnett's experiences with Carnival led her to join the ICV.  She is now the president of the ICV.  

Mr. Carver and Ms. Barnett have both testified before legislative bodies in an effort to improve safety aboard foreign flagged cruise ships.  They last appeared before a California Assembly just two weeks ago in a successful effort to introduce a bill to make cruising out of California safer.

In watching the video, remember that if the cruise ship doctor kills or maims a family member during a cruise, the cruise line will deny all liability and you will be faced with trying to seek compensation against a foreign doctor living somewhere in Africa or South America.  Unlike the U.S. doctor who appeared on behalf of the cruise industry in this video, over 95% of cruise ship doctors are not educated, trained, or licensed in the U.S.  

 

 

May 13th Update:  After this aired, the Cruise Line International Association (CLIA), the trade organization for the cruise industry, telephoned Fox News 11, and complained that the U.S. cruise doctor CLIA arranged for the video should have been given more air time. 

Credits:

Fox News 11 (Los Angeles)

Reporter Christine Devine

Video Producer Heidi Cuda

Princess Cruises Crew Member Acquited of Rape Charges in Bermuda

The Royal Gazette in Bermuda reports that a judge in Bermuda dismissed the sexual assault charges leveled against a "41-year-old Filipino national" by a "26-year-old Filipino woman" who worked with him on a Bermuda registered cruise ship. 

Readers will recall that in a previous article two weeks ago, we reported that Filipino crew member Johnwill Reyes Abdon allegedly assaulted a younger crew member aboard the Caribbean Princess (photo), a Bermuda-registered vessel, on December 28, 2010.  We were critical of the Royal Gazette for not publishing the name of the cruise line or cruise ship where the incident allegedly took place or identifying the name of the crew member who committed the alleged crime.  The newspaper responded by stating that Bermuda law reportedly prohibits the disclosure of a Princess Cruises - Caribbean Princess Cruise Ship defendant's name in a rape trial, and then argued that the disclosure of the name of the cruise line or cruise ship would somehow lead to the disclosure of the name of the defendant.  (The ironic thing is that we learned the name of the crew member because another newspaper in Bermuda, the Bermuda Sun, published the crew member's name and then retracted it after we published our article.) 

There is no such prohibition under U.S. law in naming rape suspects, and it serves no public purpose to hide the names of corporations, vessels or maritime employers in cases like this.  It should be noted that Princess Cruises flies the flag-of-convenience of Bermuda and is incorporated in Bermuda to avoid U.S. taxes.

The newspaper in Bermuda reports that Senior Magistrate Archibald Warner explained his decision to dismiss the charges by pointing out that the alleged victim did not make an allegation of sexual assault until after realizing that she was pregnant.  According to the newspaper, the judge also said: “In all the circumstances, I am not satisfied that the complainant did not consent, and that the defendant did not have an honest and reasonable belief that it was consensual.”  (I have read this double-negative sentence several times and am not sure what this means).

We have written about rapes and sexual alleged assaults on Princess Cruises before: Unsafe on the "Love Boat?" - Sexual Assaults on Princess Cruise Ships.

The last sex assault trial against a Princess crew member occurred in Los Angeles Federal Court in November 2009.  A U.S. jury acquitted a headwaiter, Jorge Manuel Teixeira (from Portugal), of sexually assaulting a U.S. passenger during a cruise last March between Fort Lauderdale and Los Angeles, while the ship was at sea off the coast of Mexico.

The last article we published regarding sexual criminal conduct on the Princess fleet of ships involved the captain of a Princess cruise ship who admitted to molesting a child. 

 

Photo credit:  courtesy of wirralwater's Flickr page (via Wikimedia Commons)

California Protects Citizens From Toxic Ship Fumes

Yesterday the Ninth Circuit Court of Appeals ruled that the state of California can regulate the shipping and cruise industries and require vessels that call on the state’s ports to use cleaner  fuel.

One of the problems with the cruise industry is that cruise ship use diesel and nasty bunker fuels which spew toxic particulate matter into the air.  

Unlike most states, California requires that ships use cleaner fuel starting 24 nautical miles from California’s shore.  According to Melissa Lin Perrella, an attorney with Southern California Air Cruise Ship Pollution - Bunker FuelProject in Santa Monica:

"Over the course of six years, between 2009 and 2015, these rules will prevent 3,500 premature deaths.

Eighty percent of Californians are exposed to air pollution from large ocean-going vessels as their exhaust drifts inland. Every day, these vessels spew toxic diesel particulate matter (PM) in an amount equivalent to 150,000 big rig trucks driving 125 miles daily. While people living close to ports are particularly affected, wind patterns, geography, and meteorology transport vessel-generated air pollution well beyond our coastline and into too many of our lungs."

The shipping and cruise industries, led by the Pacific Merchant Shipping Association (which lists cruise industry giant Carnival as a member), fought against the California legislation.  Essentially, the shipping and cruise interests argued that California does have not have authority to regulate vessels more than 3 miles from its coastline (the regulations reach 24 nautical miles from shore).

It is not unusual for the cruise industry to tell the public that it stands for the highest environmental standards, but behind the scenes spend millions of dollars to lobbyists and lawyers to fight for lower standards which harm the public.

Ms. Perrella writes: "The message is clear. It is time for the shipping industry to get on board or get out the way. California is moving forward to protect its citizens, and now has the Ninth Circuit firmly behind it."

California and Alaska are ahead of the curve in protecting U.S. citizens from the harmful effects of poisonous cruise fuels.  Will states like Florida ever protect their citizens?  

A copy of the 45 page decision can be read here.

 

Credit:

Photograph Gerardo Dominguez, UC San Diego (via UCSD Division of Physical Science)
 

Parents of Missing Disney Cruise Line Youth Counselor Arrive in Los Angeles Seeking Answers

The parents and aunt of missing Disney Cruise Line employee Rebecca Coriam arrived in Los Angeles today from the U.K. seeking information about the young woman's unexplained disappearance from the Wonder cruise ship.  The video of Mr. and Ms. Coriam from ABC-7 Los Angeles is below.

We have written a number of articles about this situation:

What Happened to Youth Counselor Rebecca Coriam on Disney's Wonder Cruise Ship?

Who Investigates Disappearances on Cruise Ships?

Did a Crew Member Go Overboard from the Disney Wonder Cruise Ship?

 

 

The local CBS station in Los Angeles is reporting that: 

"Her family said her roommate told them Coriam had called a friend, but Disney representatives were not releasing information regarding the call.  'They say they know what the conversation was but they’re not telling us,' Coriam’s aunt, Trish Davies, told ABC7. They say they’ve got to wait for the investigation.” 

Cruise Ship Drug Bust in Cayman Islands

Cayman News Service reports that three crew members were arrested for possession of two kilos of cocaine.  The cruise employees were from St. Vincent and Jamaica. 

As is often the case, the local police did not identify the name of the cruise ship or cruise line. 

The three cruise ships in port at the time of the arrest were Royal Caribbean's Jewel of the Seas, the German AIDAluna, and Oceana.

I'm taking bets.  2 to 1 its Royal Caribbean - the cruise line drug dealers prefer .  .  . 

 

 

Video credit:  Cayman 27 

 

Screwed If By Sea - Cruise Lines Throw Workers Overboard When It Comes to Providing Urgent Medical Care

Every so often, I will read an article which reminds me why I practice maritime law and represent crew members from around the world.  Here is an article from Miami's New Times about several of our clients.  Although it was published several years ago, it reveals how cruise lines today mistreat crew members to try and save money.  

"Doran McDonald reached Miami International Airport at dawn, limping and hopping to a pay phone after his third flight in 24 hours. His right leg had been boiled, and the odor of decay oozed from his burned flesh. The top of his foot was a grapefruit-size blister, the stretched skin tight and shiny. McDonald hadn't been able to elevate his leg at all on the flights from Alaska to Vancouver, or from Vancouver to Los Angeles, or from L.A. to Miami. The swelling and pressure were excruciating and he was close to passing out from the pain. He was afraid the next two segments of his trip (Miami to Antigua, Antigua to St. Vincent) would be unbearable. Adding to his discomfort was the thought of Doran McDonald - Royal Caribbean Medical Carearriving in his native St. Vincent: His family lived two hours from the airport and didn't have a car; he had no idea how he'd get home. McDonald would arrive on the island on a Sunday morning. No doctor would see him for at least another day. 

McDonald, a small, soft-spoken 29-year-old, did what any man facing such obstacles would do: He called his mother.

Pearlie Hector was angry. She thought her son should never have boarded an airplane, that he should still be in the Juneau, Alaska, hospital where he had received preliminary medical care the day before. Most of all, she thought Doran was being mistreated by Royal Caribbean International, the cruise line he was working for when he was burned. Hector told her son to call Miami lawyer James Walker, who had represented another family member in a case against a cruise line years before, and she told him to go to a hospital in Miami.

McDonald's decision to stay and retain a lawyer resulted in his receiving a quality of medical care he wouldn't have had access to on St. Vincent, but it also prompted Royal Caribbean to set in motion the federal government's immigration policy machinery. Within a month McDonald would be languishing at Krome Detention Center.

The massive ocean liners that steam out of the Port of Miami almost every weekend look like whole city blocks torn free and headed for the Caribbean. Happy passengers, unmoored from daily responsibility for a weekend or more, lean against the rails beatifically smiling and waving to MacArthur Causeway motorists. It is a long way from the upper decks of a cruise ship to sea level, and no one knows that better than the workers who inhabit the lower stations of such a vessel.

Passages honeycomb the great ships' interiors, opening onto cavernous ballrooms and opulent luxury suites. Endless hallways of cabins each morning disgorge tourists who scurry to sprawling, dining rooms or outdoor bars next to bright-blue pools that shimmer in the sun like clear, antiseptic simulacra of the murkier ocean below. Deep in the bowels of a cruise liner are the smaller rooms with bunk beds where the workers live. Employees tend the engine, cook the food, and clean the Cruise Line Medical Care - Crew Memberpools. If they're lucky, they tend bar or wait tables. Others clean rooms and fluff pillows.

Some, like Doran McDonald, wake up in the middle of the night to make use of the only lull in the never-ending demand for food onboard a luxury liner. They file into the galleys and wipe every surface from counters to walls, cleaning the daily residue of bacon grease and chicken fat, sweeping up stray sprigs of parsley and shreds of lettuce from hastily thrown together salads.

McDonald, like many cruise line employees, is from a poor country. The big ships provide an inviting economic opportunity for men and women from Third World nations in Eastern Europe, the South Pacific, and the Caribbean.

The sailor had something else in common with his fellow galley workers when he rolled out of his bunk around midnight on May 20, 2002, pulled on rubber boots, and trudged into the kitchen to start cleaning: a desire to move up to a higher-paying job in the dining room. "When I work for Premier I am a waiter, and the money then was very good," McDonald says. "But when I go to Royal Caribbean, I start over again at the bottom."

McDonald was no stranger to shipboard living -- even for $500 a month, doing janitorial duty onboard a cruise ship was more remunerative than harvesting bananas in St. Vincent. McDonald had gone to work for Premier Cruise Line in 1998, and advanced from galley worker to waiter, a job in which he made more than $1000 a month and sent much of it home. But in 2000 Premier went bankrupt. McDonald started over at Royal Caribbean in 2002.

May 20 was only McDonald's second night onboard the Legend of the Seas, a Royal Caribbean ship cruising from Miami to Alaska via the Panama Canal, but he figured the work was routine. He would sweep and mop and scrub, and then go back to bed. He would mentally tote up his earnings and plan to send them to his mother in St. Vincent.

The kitchen was a mess, and McDonald says his supervisor told everyone to work quickly. Mops were handed out like rifles to infantrymen, and a crew of eight began hustling through their cleaning routine. McDonald picked up a pot full of oil from a fryer that had just been switched off. The pot was heavy and hot, and the oil made tiny shimmering waves as he labored to carry it to a Crew Member Medical Care - Cruise Linesink where he could dump and scour. Halfway to his destination, McDonald slipped. He felt nothing as the scalding liquid drained down inside the rubber boot on his right leg, but jolts of adrenalin shot through the numbness as the oil cooked his leg and the top of his foot.

His crewmates carried him to the ship's clinic, where he was given ibuprofen. Doctors decided to wait and observe the afflicted area in order to determine how bad the burn was.

This is where McDonald's story and Royal Caribbean's diverge. According to company policy, if an employee is taken to an emergency room, the attending doctor will determine what kind of care is appropriate and where and when such treatment should be given. But McDonald says that the ship's doctor already told him he would be sent home to St.Vincent before he was taken to the hospital in Juneau. In depositions taken later, cruise line employees claimed that they adhered to the policy.

Notes written by the emergency room doctor in Juneau indicate that McDonald believed already that he would be sent to St. Vincent.

The ER doctor's notes also make it clear that McDonald's burns were mostly second-degree, with the possibility of some third-degree burns, a direct refutation of Royal Caribbean's claim that McDonald only had second-degree burns and was, therefore, fit to travel. Royal Caribbean medical case manager Terri DeBrita, who admittedly didn't know if the doctor she was sending McDonald to in St. Vincent had any medical license, said in a deposition that other crew members had received satisfactory treatment for second-degree burns in St. Vincent, though she couldn't remember any such cases specifically.

On May 24, after four days of nothing but ibuprofen on board the ship, McDonald began his journey from Vancouver to Miami.

When McDonald called a lawyer at 6:00 a.m. on Saturday, May 25, the attorney was annoyed. "I was in bed when I got the call from Mr. McDonald, and I thought, Jesus, what a hassle, you know?" says James Walker. "I thought it was probably nothing, but I knew his family, so I dragged myself out of bed."

Walker was aghast when he saw McDonald's foot. "The smell was disgusting," he remembers. "And it was obvious that he was in a lot of pain and needed immediate medical care. When I saw it I was hyperventilating." Walker took McDonald to South Miami Hospital, but not before meeting up with a photographer who documented McDonald's injuries. The blister on top of McDonald's foot ruptured in the emergency room.

After two days of treatment at South Miami Hospital, Walker arranged for McDonald to be checked into Baptist Hospital, into the care of a burn specialist who treated and observed McDonald for Jim Walker - Cruise Law - Maritime Lawyer  about a week before performing skin graft surgery on the badly burned foot.

In the meantime, Walker had informed Royal Caribbean that McDonald was being treated in Miami. This was, apparently, not to the company's liking. On June 4, Royal Caribbean's crew medical manager, David Blackwell, fired off a letter to the Immigration and Naturalization Service (now part of the Department of Homeland Security) that put a decidedly unsympathetic spin on McDonald's decision to get his health care in the U.S. The letter stated, in part, that "upon his layover in Miami, (McDonald) was intercepted by an attorney, James Walker, and taken to South Miami Hospital." The letter also characterized McDonald's admission to Baptist Hospital and his skin graft surgery as "a move on the part of the attorney to keep the crewmember in Miami."

McDonald stayed in the hospital through July, receiving physical therapy for his leg and foot. The doctor prescribed a custom-fitted pressure sleeve for the newly grafted skin. Royal Caribbean had been talking to Walker about McDonald's INS requirements, asking that he present himself to an INS official so that he could ask to stay in the U.S. throughout the course of his medical rehabilitation. At this point, Walker was unaware of Blackwell's e-mail to INS, and while he was wary of Royal Caribbean's intent, he knew McDonald had to comply with the law and show up for the hearing. The cruise line arranged for transportation to an INS office in Miami. McDonald thought he'd be checking into a hotel somewhere in Miami after his INS appointment.

Instead, INS officials handcuffed McDonald and slapped shackles on his ankles. "I told the guy that it is paining me on my foot and I now have a skin graft and my foot is not cured, and he told me I must take my time and walk slowly," McDonald recalled in a deposition.

McDonald confesses that up to this point he still clung to the hope that he could go back to work on Legend of the Seas for Royal Caribbean. McDonald wasn't happy about missing work. He still owed money to an "agent," basically a cruise line recruiter, who charged McDonald $1500 for his job on Legend of the Seas. "I really just want to get my leg fixed, get back to work," says McDonald. He says he was frightened and confused by the immigration officials, and didn't know what he was signing when he signed a piece of paper admitting he was in the U.S. illegally, and that returning home would not put him in harm's way.

McDonald again sought advice from his mother.

Pearlie Hector called everyone she could, including St. Vincent's diplomatic representatives in Washington. After five days her son was released from jail. "I tried everything I could to get him out of there, but they wouldn't even let me leave his leg sleeve for the prison doctor," Walker says. "It was his mom who got him out." McDonald was released temporarily, and placed in a boarding house for foreign cruise workers. He continued medical treatment until his foot healed. Even with the skin graft, there is some scarring and discoloration, and he says it's a little stiff. "But I think it would be very much worse if I don't have the surgery," McDonald says.

After the cruise line refused to pay for much of his medical treatment, McDonald sued Royal Caribbean and won an undisclosed amount. "I'm not rich," he says, smiling. "But I'm okay."

The papers he signed prevented him from staying in the U.S. legally -- and from having a seaman's visa, which would enable him to go back to work for another cruise line. Meanwhile, though, McDonald has become engaged to be married to a Haitian woman who resides in the U.S. and has applied for citizenship. McDonald is in the States illegally, working with an immigration Cruise Ship Medical Care - Crew Member lawyer to regain his legal status. "It doesn't look good because of the paper I signed," he says.

Cruise ships, with crew from around the world, are often registered outside the U.S., allowing South Florida-based companies such as Carnival Cruise Lines and Royal Caribbean International to skirt some U.S. labor laws (Legend of the Seas, for example, is registered in Liberia). The jurisdictional jumble -- foreign nationals working on ships registered abroad and often operating in international waters -- creates a legal gray area that can work to the detriment of employees.

There are few industry watchdogs; this is no surprise given the disparate ethnic groups that work on cruise liners, the transient nature of employment (contracts for a single cruise are not uncommon), and the constant movement of the ships themselves. But those who do keep an eye on corporations such as Carnival and Royal Caribbean say that employees, especially foreign-born employees, are being funneled to cheap doctors in the Caribbean who provide sometimes inadequate care for cut-rate prices.

"We hear about it all the time," says Scott Brady, an inspector with the International Transport Workers' Federation in Cape Canaveral. "A lot of people don't want to complain, because they want to keep their jobs. This line of work is the only hope for some of the poorer people from the Caribbean and from Eastern Europe, so they want to stay on with whatever company they're with. But you hear the horror stories." ITF doesn't keep any statistical data on health care for cruise line employees -- in fact, an exhaustive search conducted by New Times couldn't turn up a single advocacy group or agency that keeps comprehensive information on the subject.

"I can't prove anything, industry-wide, except that the cases keep coming in, and I see, one by one, instances where these companies are overlooking an obligation to provide quality medical care in order to save money," says Brett Rivkind, an attorney with the Miami firm Rivkind, Pedraza and Margulies. "We think it's cost-saving in terms of treatment, and also to avoid workers pursuing claims here in the U.S. They try to cover that up by saying "We're sending them to their hometown,' as if there's sentimental value that counts for something."

Carnival Cruise - Crew Member Medical Care Carnival settled such a case with Rivkind client Francisco Romero in August. "We had a case where a Carnival worker needed cataract surgery. He was using a Miami ophthalmologist, and the cruise line said, "No, no, we want to send him home to Honduras,'" Rivkind recounts. "The ophthalmologist in Honduras had just had a baby, and her husband was studying to be an ophthalmologist, so she just let him do the surgery." Fifty-year-old Romero, a long-time Carnival employee, lost his eye in 2000, and filed suit in June 2001. Carnival fought the suit for more than two years. "It's not enough they let this happen, when they could easily have gotten him a good surgeon in the U.S., but then they fought us tooth and nail when he tried to get compensation," Rivkind says. The settlement included a nondisclosure clause, so he can't reveal the amount Carnival paid Romero.

"These companies are making decisions regarding crew members' medical conditions on a legal basis and a financial basis, rather than a medical basis," Rivkind avers.

U.S. immigration policy makes it easier to send foreign-born crew members to second-rate doctors in Third World countries, according to Rivkind and others. Foreign-born crew members need medical visas to receive treatment on U.S. soil. Medical visas are usually good for 30 days, and if a crew member needs an extension, the employer must produce documented proof of the need for further treatment. In some cases, Homeland Security requires that the crew member be produced in person. This arrangement can work out to the employers' advantage if the crew member is fighting to receive medical treatment in the U.S. "Look, it's impossible to prove collusion," says Rivkind. "But I've had calls from these companies saying, "Yeah, sure, we'll get him the treatment he needs, but we have to produce him for an immigration hearing first, so he can stay in the country. It won't be a problem.' Next thing I know, the guy's being shipped home where he's likely to get god-only-knows what kind of care."

Royal Caribbean officials deny taking advantage of crew members. Blackwell, the crew medical manager, says that Royal Caribbean employs about 36,000 people, and takes good care of the 400 or so on medical leave around the world at any given time. But, he says, the company has to follow immigration rules. In the U.S., medical parole for foreign-born crew members is difficult to arrange since September 11, 2001 (Department of Homeland Security officials did not return phone calls asking about interaction with cruise lines).

"Immediately after 9/11 it was very difficult (to get medical parole for injured crew members) because of security," Blackwell says. "Then things kind of eased up a little. Recently, it's gotten more difficult again."

Blackwell says that medical parole in the U.S. is determined by immigration officials based on a doctor's evaluation. He also says the company can be fined up to $50,000 for violating immigration laws. He refused to comment on specific cases, but when pressed by New Times about his e-mail alerting INS that Doran McDonald had been "intercepted by an attorney" at Miami International Airport, Blackwell offered this hypothetical situation: "Our obligation as a company is, if a crew Brett Rivkind - Maritime Lawyermember is in transit and in the process they arrive in Miami to change planes and they do not make the flight, we have an obligation as a company to let INS know that a crew member has jumped ship, essentially."

Rivkind admits that, post-9/11, more stringent adherence to U.S. immigration laws makes it harder for cruise lines to keep injured crew members for treatment in the U.S. "But I think they're using that, as well. They used to have an ability to keep these guys on medical parole if they wanted to. With immigration changes, I believe it is more difficult, but I think the cruise lines also take advantage of that."

While Blackwell was willing to speak to New Times -- though not about any specific cases -- weeks of back-and-forth with South Florida's other cruise line giant, Carnival Cruise Lines, resulted in an anemic e-mail response. Spokesperson Jennifer De La Cruz wrote that no information on the number of crew members the company employs was available, nor was there any available information on the number of crew members receiving medical treatment, in the U.S. or elsewhere.

ITF's Brady says that the cruise industry is notorious for pressuring employees to avoid making waves, even when their health is at stake. "I can't prove it because all I get is word of mouth," he says. "Every once in a while someone gets a lawyer, but they always include nondisclosure agreements in their settlements. And if word gets back to a cruise line that an employee is speaking with a union representative about these kinds of issues, they'd be fired from their jobs and probably blacklisted."

There is no shortage of anecdotal evidence of medical malfeasance by cruise lines. Brady has stories, and Walker and Rivkind each have had several clients with similar tales of woe. One of them, 28-year-old Azumi Sagara, is actually a U.S. citizen who says Royal Caribbean employees tried to delay her access to an emergency room until the ship she was on traveled to Nassau, and then refused to pay for her medical care. Sagara was an ice skater on Royal Caribbean's Mariner of the Seas. As the ship lumbered toward Port Canaveralon March 27, Sagara found herself doubled over in pain. "Something in my abdomen really hurt -- I didn't know what it was, but I knew I needed to see a doctor." She was told she was probably pregnant. When a quick test proved otherwise, the ship's medic said she probably had an infection. "The doctor gave me some pills and told me to come back in a week," Sagara says.

By 9:00 p.m. the pain was so severe, she knew she'd have to go to the emergency room when the ship docked in Port Canaveral the next day. That night she called a nurse, asking for a referral from the doctor to seek medical treatment in Port Canaveral the next day. "She said, 'I can't call the doctor for that, you'll have to wait until tomorrow.'"

Sagara knew that would likely mean she couldn't get treatment in the U.S. Crew members only had two opportunities to get off the ship in Port Canaveral: before the passengers started leaving at 7:30 a.m., and after all passengers had disembarked, at noon. Sagara knew that a trip to the doctor would mean she'd have to wait until noon to get off the ship, and she was in too much pain to do that. "And at that point, I thought maybe I could get back onboard that day, but we had to be back by 3:45 p.m., so waiting until noon would pretty much put that out of reach," Sagara says. She decided to get off the ship and to the emergency room by any means necessary. "The ship's security officer wouldn't let me off," she says. "I said, 'I'm in a lot of pain, I need to go to the ER.' While I was signing off, he told me to wait until we got to Nassau." Eventually, she made a break for it. "I ran past the security officer and got to the immigration guy. The security officer was saying,'She's not cleared, she's not cleared.' I said, "I need medical attention.' The immigration guy said, 'I can't stop you from going to your own country.'"

Doctors in the ER told Sagara she had pelvic inflammatory disease, and ruptured ovarian cysts with some internal bleeding. "They said I had to see a specialist immediately," she says. Sagara flew home to California, received a week's worth of medical care, and returned to the Mariner on April 4 after missing one week of work. She worked for Royal Caribbean for the duration of her contract, until May 2.

Calin Ioan, a Romanian citizen, formerly a bartender aboard Royal Caribbean's Enchantment of the Seas and also a client of Walker's, is lucky to be alive. Walker filed suit on Ioan's behalf after the 28-year-old repeatedly went to the ship's doctor with complaints of ear pain, starting in the summer of 2002. According to Walker, Ioan was given ibuprofen and sent back to work. The Enchantment docked at Port Everglades every weekend, but Ioan claims that the ship's doctor would only allow him to see a physician in St. Thomas in September 2002. That doctor gave Ioan a nasal spray and some ear drops.

Eventually, the doctor in St. Thomas suspected something more was wrong with Ioan and, in January 2003, recommended a CT scan and biopsy. The ship's doctor wrote an e-mail to David Blackwell and Ioan's medical case manager, Bill Sera, summing up the St. Thomas doctor's suspicions. The doctor also suggested that they wait until Ioan's contract ended on January 20 and arrange for him to see an ear, nose, and throat specialist once he returned to Romania. The shipboard physician, Bernhard Van Staden, ends his e-mail with overdue compassion: "I would like this to be sorted out, as he has been going with his problem for quite some time."

By the time Romanian doctors detected the tumor in Ioan's throat (on February 2, 2003), it had reached Stage IV -- the final stage of cancerous growth -- and had spread too far to be removed surgically. Radiation and chemotherapy have beaten the cancer into remission, but they also rendered Ioan unable to work. He has been living with his mother since his return. His medical bills mounted, and he says that Royal Caribbean will only pay for some of his treatment costs. He retained Walker, and is suing for his living bills and all medical expenses from the time of his arrival in Romania. Royal Caribbean officials wouldn't comment on his case."

 

Article credit:  Forrest Norman, Miami New Times

Photo credit:  Jonathon Postal

Diagram credit:  CruiseBruise.com

 

Have a comment?  Please leave one below. 

 

Passenger Sentenced to Jail for Sexually Assaulting Girl on Disney Cruise Ship

A passenger from New York has finally been imprisoned for sexually assaulting a 13 year old girl on the Disney Wonder cruise ship.

A year ago we reported on this crime - Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

The girl's family sailed on the Disney Wonder in December 2006.  On New Year's Day January 2007, after the girl attended a program at the cruise ship's teen club with other girls, twenty-four year old Lucas George Wickes approached them and ordered them to return to their rooms. He told the girl to follow him because he was a security officer with the cruise ship.  When they reached an area where no other people were around, he then assaulted the girl. 

A federal district court sentenced Wickes to 46 months in prison and ordered him to pay restitution in the amount of $2,667. 

Top Five Worst Cruise Ship Disaster Videos

When I was a kid, it seemed like the most popular movies were disaster flicks.   Movies like the Poseidon Adventure and Towering Inferno which exploited the public with images of terror, fear, and panic.     

Today, disaster movies are not limited to the movie theater.  We are living in a iReport society where CNN, MSNBC and FOX News regularly broadcast iPhone videos of fires, floods, and bedlam, including cruise ship disasters. 

Unfortunately, there will be stories in the future where cruise ships catch on fire, sink or are hijacked by terrorists.   The cruise lines will frantically try and suppress the images and assure the public that everything is OK.  But YouTube will be there to reveal the truth.  And everyone will be watching the disaster.

I picked the the top 5 "worst cruise ship disaster" videos.  Nothing subtle here.  Exploitational?  Maybe so, but these are not low budget disaster movies.  They are real.  With real people aboard.  Fortunately, in most of the incidents no one was killed or seriously injured.  Take a look and see how Mother Nature can interrupt your serene cruise vacation:

Number 5:  Stabilizers?  What Stabilizers?  Okay, I admit it.  I have to take a Dramamine before I click the play button for this video.  It shows what a cyclone can do to a cruise ship.  I'm not sure which cruise ship this is or when or where this occurred.  Does anyone know?   Was anyone reading this on the ship?  Let us hear from you.

 

 

Number 4:  Keep this video secret!  Don't let the lawyers see it!  Last September the internet was a buzz with the release of CCTV films of the interior of the P&O Cruises' Pacific Sun, which ran into heavy weather in June 2008.  P&O had also understated the effects of the storm on the cruise ship and passengers, and it was successful keeping the CCTV under wraps for over two years.

But the video finally made its way out of P&O's control this fall.  When the truth came out, the video went viral!  A number of passenger were injured.  You can clearly see one young lady smash her face into a column at the 47 second mark. 

Cruise lines are experts keeping video like this secret.  The risk management departments of cruise lines hide these types of video from the public's eyes. This permits the cruise lines to contest the passengers' accounts of injuries and lets the defense lawyers claim that the passengers are exaggerating.  Would you have believed what occurred in the video if you did not see it? 

 

 

Number 3:  Anyone for a relaxing cruise to Antarctica?  The Clelia II cruise ship caught the country's attention when passengers on the National Geographic Explorer filmed it bouncing around by big waves and howling wind as it was trying to make its way back to Argentina from Antarctica. (Video by Fiona Stewart/Garett McIntosh (via jonbowermaster.com)  88 U.S. passengers were aboard as it limped back to port after a wave broke over the bridge of the vessel and smashed windows, interrupting communications and causing an electrical outage that reduced power to one of its engines.

 

 

Number 2:  Death on the Louis Majesty cruise ship:  The Greece-based Louis Cruise Lines ship was heading east to Genoa, Italy when waves struck the vessel and smashed windows in public areas, killing two passengers and injuring fourteen others.

The "Louis Majesty" used to be NCL's "Norwegian Majesty" and, before that, the "Royal Majesty" operated by Majesty Cruise Lines from 1992 - 1997.  Long before I began representing passengers and crewmembers, I represented Majesty Cruise Lines (around 1995) when this cruise ship was based in Miami.  I have been on this ship and in the area where the glass blew out.  The Royal Majesty was considered a large cruise ship 20 years ago.  A real tragedy, which could have been avoided if the officers aboard had instructed the passengers to remain in their cabins.

 

 

Number 1:  And the winner is: the cruise ship Oceanos which sank back in 1991.  Unlike the other disasters attributable to rough weather, this disaster was man made.  The Oceanos was a Greek-owned cruise ship in a state of neglect, with loose hull plates, valves stripped for repair parts, and a hole in one of its "watertight" bulkheads.  When the cruise ship began to sink, the cowardly captain and officers were the first into a lifeboat, abandoning children, women, and elderly passengers to face a certain death.  But due to the courage of one of the ship's entertainers and a dramatic and nothing-less-than-miraculous rescue that followed, everyone was saved!  A happy ending to a terrifying ordeal.
     
 

 

Do you have a video that should be in a top 5 or top 10 list of cruise disasters?  Let us hear from you . . .

British Passenger Stuck In Mexican Hospital Following Heart Attack on Princess Cruise Ship

Most cruise passengers who sail on luxury cruises to the Caribbean, Mexico or Europe have a false sense of security.  They think that if anything goes wrong during the cruise, the cruise line will take care of them.  But when passengers get sick, the reality is that the cruise line will dump them off of the cruise ship as soon as possible, and the passengers will be left to fend for themselves in foreign ports. 

So it is heartbreaking to read of a healthy 67 year old passenger from the United Kingdom who suffered a heart attack while cruising on the Sea Princess cruise ship.  The cruise line disembarked her ashore in Mexico where a hospital charged her over $125,000 in medical expenses so far.

Heart Attack - Cruise Ship - Valerie KingThis story involves Ms. Valerie King who was sailing with her husband, Tony King, on the Princess cruise ship from San Fransisco to Barbados after leaving on October 9th.  Ms. King suffered a heart attack while on board the cruise ship.  The ship doctor informed her that she had to disembark at the next port which was Cabo San Lucas in Mexico on October 12th.

A newspaper in the U.K., the Warrington Guardian, reports that after being sent from the cruise ship, Ms. King has been stuck in the hospital and has incurred over $125,000 in medical expenses.  Ms. King's daughter, Anita, flew from England to Cabo San Lucas to try and support her father as her mother's stay in the intensive care unit is now approaching three weeks. 

The newspaper quotes daughter Anita as stating that the hospital is "pressing for payment and the account manager followed us into a cafe after we had visited my mother to ask about settling the bill."

This case reveals a problem that many passenger do not understand when considering a cruise.  We have been contacted by many cruise passengers who end up in hospitals in Mexico and the Caribbean ports of call.  The hospitals in Mexico are the worst when it comes to running up medical expenses on cruise passengers. The first thing these hospitals want to know is your Visa card numbers and the expiration date.  This is in stark contrast to healthcare providers in some European ports, such as Sweden or Norway, where the medical treatment is outstanding and the passengers are not charged for anything.

When reading about this case, I thought of my own family experiences.  My father had a heart attack in London. He received good medical care in the British health care system and was charged nothing.  I can not imagine having to experience a nightmare like the Knight family where your parent is essentially a hostage in a sub-standard medical facility with the hospital administrator following you around like a over-zealous bill collector trying to collect over $125,000.     

Mexican Hospital - Cruise Ship - Heart AttackCruise lines need to warn passengers that if they become ill while sailing into Mexico, the local medical system is designed to suck the patients like a lime at a tequila party. 

In addition to the big bill from the Mexican doctors, the cruise line handed Mr. Knight with a bill for his wife's overnight stay in the cruise ship's sick bay of around $5,000 dollars. This took his credit card just about to the limit and left him with no funds to give a deposit to the hospital.  

Cruise lines should not use their limited medical facilities as a profit center to gouge passengers in distress.

What a predicament.  Vacationing passengers spend thousands of dollars for a cruise only to be charged $5,000 by the cruise line and dumped in a Mexican hospital which charges over $125,000!  The Knight's travel insurance in the U.K. also denied coverage citing exclusions for pre-existing conditions. 

Please take a minute and help the Knight family.  Please e-mail anita@andalan.plus.com and consider sending her a donation of $100 to help the family with this plight.

 

Photo credits:  Knight family via Warrington Guardian

Cruise Passengers Busted for Drugs on the Serenade of the Seas

U.S. Customs busted four passengers for drugs in two separate incidents this week aboard Royal Caribbean's Serenade of the Seas cruise ship.    

Accordingly to Hispanically Speaking News,  U.S. Customs officers seized cocaine and heroin aboard the Serenade of the Seas when the cruise ship was docked in San Juan, Puerto Rico.

The Customs officers conducted a random inspection of ship cabins. During the search, a K-9 dogs alerted to the smell of narcotics which led the officers to three brick size cocaine packages Serenade of the Seas - Drug Bust - Heroin - Cocainebetween the passenger beds.  The estimated value of the seized cocaine was $84,000. 

In a separate incident, the officers inspected luggage which exposed a large number of shoes that yielded a brown powdery substance. The officers found heroin wrapped in duct tape inside the shoes with a street value over $300,000.

BYM Marine & Maritime News identifies the passengers in the cocaine smuggling incident as U.S. citizens Melinda Ivette Quiñones-Cruz, age 28, and Cristian Gabriel Oquendo-Lopez, 21, and in the heroin arrest Diana Hortencia Latigua-Lorenzo, age 32, a U.S. citizen, and her brother, Breidy Latigua-Lorenzo, 20, a citizen of the Dominican Republic. 

We have written about the dangers posed by using cruise ships to smuggle drugs into the U.S. in prior blogs articles.  Many crew employees we talk to, especially cabin attendants, are frightened of the prospect of discovering drugs in the cabins they are responsible for cleaning, and are concerned with the possibility of retaliation by a passenger or other crew member.

Many of the drug busts are due to random inspections of the cabins.  Other arrests occur after U.S. Customs and Border Protection officers analyze the advanced listing of passengers and crew through APIS, the Advanced Passenger Information System. 

 

Photo credit:   photobucket DeltaBlues2007

U.S. - Cuba Politics: No Cruise Ships In Havana

When my friends in my home state of Arkansas ask me how I like living in Miami, I give them the same answer - I love it, because I have always wanted to live in a foreign country.

Cuba - Cruise Ship Miami is the melting pot of the Caribbean.  It is the number one place where immigrants from Cuba, Haiti, the Bahamas, Jamaica, Nicaragua, Belize and Columbia decide to live once they reach the U.S.  Miami is an exciting, international and great place to live.  More than 50% of the residents here are Hispanic. The dominant personality of the city is unquestionably Cuban - we have a Cuban Mayor, Cuban Judges, Cuban politicians, Cuban restaurant and shop owners. 

 The heart of our firm - our office manager - is 100% Cuban.

Most Cubans living in Miami live here because they were dispossessed from their native country in the early 1960's.  Not surprisingly, the most hated person in the world according to the people of Miami - is Fidel Castro.  However, people in Miami are questioning the blockade of Cuba which has existed for close to 50 years.

Yesterday the Guardian newspaper in the U.K.  ran an interesting article about ending the blockade - Time for the Cuban Travel Ban to Go.  The article cited a poll indicating that most Americans support easing travel restrictions to Cuba - Poll: Three-Quarters Favor Relations with Cuba

Part of the blockage involves the prohibition of U.S. based cruise ship sailing to Cuba.  So it was with interest I read an article, US Blockade Stops Cruises from Landing in Cuba," written by a Cuban reporter about the cruise industry and the effects of the ban against U.S. ported cruise ships sailing to Cuba.  Here is the article:

"Thousands of cruise ships sail the waters around Cuba every year, but few of them are able to anchor in the island because of the US economic, financial and commercial blockade.

Granma newspaper said the Torricelli Law approved by Washington sanctions ships from any country that dock in Cuban ports by banning them from putting in at the US for six months.

The Cuban daily comments that 98 % of Caribbean cruises are controlled by the American industry Cuba - Cruise Ship - Cruise to Cubaand 70 % of liners sailing in the region have Florida as mother port.

According to Granma, in 2006, when the American cruise company Royal Caribbean bought the Holiday Dream ship from the Spanish Pullmantur Cruceros, more than 50 crew members from Cuba were not allowed to work onboard anymore.

This way, Pullmantur Cruceros put an end to its contract with the Cuban company ARIES Transportes S.A. of the Ministry of Transportation, which had established that the Holiday Dream would make 52 stopovers every year in Havana and Varadero's harbours.

Cuba´s location, the conditions of its ports and hotels and the historical and cultural wealth of its people are winning cards for the development of the cruise industry of the island.

If the US blockade didn't exist, more than 1,000 cruise ships could land in the Cuban ports every year generating a traffic of 1,2 million passengers.

According to figures by the Florida-Caribbean Cruise Association, Cuba would have an income of 125 million dollars a year."

 

Although the U.S. prevents cruise ships to sail to Cuba, there are German and British cruise ships which sail to the Cuban ports of Havana and Santiago.

Has anyone cruised to Cuba?  Do you have photos or video to share?  

 

Credit:  Escambray - Digital newspaper of Sancti Spiritus province, Cuba
 

New Photographs Reveal Extent of Damage to Costa Classica

Mail Online has published new photographs of the Costa Classica cruise ship following the October 18th collision with the bulk carrier Lowlands Longevity as the two vessels headed into port in Shanghai.

We reported on this yesterday: Costa Classica Cruise Ship Collides with Cargo Ship.

The photographs show a large gash into the passenger cabins, with ten porthole windows completely obliterated.  The gash looks to be at least four feet in height.  You can see people (probably marine investigators) standing near what used to be the portholes in the passenger cabins.  Scary stuff!

Be sure to check out the video of the damage, via Chinese television.

 

Costa Classica - Lowlands Longevity -  Collision - Cruise Ship

Credit: EPA via Mail Online

 

Costa Classica - Lowlands Longevity -  Collision - Cruise Ship

Credit: EPA via Mail Online

 

 

 

Video Credit:       Sina.com   

9 Cruise Passengers Killed, 14 Injured in Bus Excursion Accident

Classic International Cruises - Funchal cruise ship - tour bus accidentA excursion bus carrying cruise passengers plunged into a ravine in northern Morocco (Castillejos) today and killed nine Portuguese tourists. 14 cruise passengers were injured. 

44 passengers were aboard the bus when it crashed during foggy and rainy weather.  Some news sources are indicating the bus driver may have been speeding. 

AFP reports that the passengers were from the Funchal cruise ship which had docked in Ceuta with 400 passengers. 

The Funchal is marketed by Classic International Cruises and operated by Arcalia Shipping Company Ltd, of Cyprus.  

There have been a number of bus accidents causing injury and death to cruise passengers. Earlier this this year, a tour bus carrying passengers from a Princess Cruises ship crashed in Tortola - Excursion Tour Bus Crash In Tortola Injures Princess Cruises' Passengers From Caribbean Princess

 

Photo credit:    AFP

Former Child T.V. Star Joins Crew of Oceania Cruises

Willie Aames Former Child StarFormer child sitcom star Willie Aames recently joined the crew of an Oceania cruise ship as an assistant cruise director, according to several news sources

You may recall Mr. Aames as Tommy Bradford in the sitcom Eight is Enough.  He starred in a few movies and some other T.V. shows.  At one point, he was reportedly making a million dollars a year. 

But the make-believe life of young Tommy Bradford was in stark contrast to Willie Aamesthe real life woes of Willie Aames.  He fell into some serious hard times, due to alcohol and drugs.  The bank foreclosed on his house, his wife left him, and he became homeless.  In 2008, he attempted suicide by cutting his throat after drinking a cocktail of Jack Daniels and pills while alone in a hotel room.

He is now clean and living a sober life. Good for him.  But I am having a Willie Aames - Cruise Entertainer hard time imagining what the cruise line's human resources department was thinking when they read his resume:  Child star, drug addict, born again Christian, ordained minister, furniture builder, suicide survivor, financial advisor, and bankruptcy petitioner.

Working on a cruise ship is a stressful job.  Let's keep our fingers crossed and pray that Mr. Aames finds redemption on the high seas.    

 

 

 

Credits:

Photograph 2, sojoco.blogspot.com; photograph 3, National Enquirer. 

Cruise Industry Joins Forces With BP to Deny Death Compensation to Grieving Families

As we suspected, the Cruise Line International Association (CLIA) is working behind the scenes to derail efforts to amend the Death On The High Seas Act (DOHSA).

Yesterday we obtained a copy of a letter (below) sent by CLIA to Congressional representatives in Florida.  CLIA is trying to rally opposition against H.R. 5503 which will permit widows and children recover compensation for their grief and emotional suffering when they lose their spouse / parent.     

CLIA - Cruise Line International Association - DOHSA - Death On High Seas Act  This is nothing new for CLIA, which has spent millions of dollars lobbying against reforms to this archaic law enacted back in 1920.

As we have stated in many articles about DOHSA, a cruise ship is the only location where a child or retired, elderly passenger can be killed and considered worthless in the eyes of the law.   

CLIA says it has no objection to "addressing" (whatever that means) the issue of compensation for the widows and children of the oil workers killed in the BP Deepwater Horizon explosion, yet it will not even commit to repealing DOHSA for these families.

CLIA claims that it opposes amending DOHSA because it will provide a remedy to "foreign workers."  The irony of such an outlandish and xenophobic comment is immediately obvious - all cruise lines are "foreign" entities, incorporated in "foreign" countries like Liberia (Royal Caribbean) or Panama (Carnival) for the singular purpose of avoiding U.S. taxes.  These "foreign"' corporations then flag their cruise ships in "foreign" countries to escape U.S. labor laws and safety regulations.

So why should the foreign flagged cruise industry be permitted to collect $35,000,000,000 ($ billion!) a year from U.S. taxpayers and avoid all U.S. taxes because of its "foreign" status, and then argue that families of dead "foreign" crew members should not be reasonably compensated when their loves ones die due to the negligence of the cruise lines?

The cruise industry is built on the backs of hundred of thousands of "foreign" crew members, many of who work 360 hours a month for only $545.  Their families are entitled to be compensated when their family members die due to the legal fault of the multi-billion dollar CLIA cruise lines?  Take a look at this letter which CLIA hoped would never be published:      

          CLIA - Cruise Line International Association - DOHSA - Death On High Seas act

 

CLIA fails to mention that the vast majority of people who die on cruise are Americans!  As matters now stand, the lives of stay-at-home-parents, children, elderly and retired people, and gay men and women who die at sea with no dependents have no value under DOHSA.  

The International Cruise Victims (ICV) has been battling CLIA for years to amend DOHSA.  But CLIA pays millions of dollars to lobby Congress each year, whereas the ICV is penniless and is comprised of only volunteers.  Mother Jones addresses the disparity between CLIA and the ICV in an article "Love Boat Lobby Fights BP Victims." 

Below is a partial list of the loved ones of ICV members who were denied compensation because of DOHSA.  This is just a small number of the hundreds of loved ones who die on cruise ships each year.  

Why should victims of the BP explosion and hundreds of U.S. citizens be denied compensation because of CLIA's heartless and mean-spirited decision to deny compensation to "foreign" crew members?

Does CLIA tell the crew members their lives are of no value?

Do the 16,000 travel agents who comprise CLIA know that its trade organization doesn't care about foreign crew members, U.S. children and retirees who die at sea on cruise?

Travel agents -  when you sell your client cruises, do you tell that if they die due to the negligence of the cruise lines, their lives are of no value?   And do you tell them CLIA is lobbying Congress to make certain that the law stays that way?   

Disgusted by the cruise industry's heartless attitude?  Do something about it.  Support H.R. 5503.  Call your Congressman or Congresswoman.

Leave a comment below and tell us what you think. 

ICV - International Cruise Victims - DOSHA - Death On High Seas Act

Cruise Ship Norovirus - Something in the Water?

For those of you who read Cruise Law News know that I report regularly on the numerous norovirus cases which plague the cruise industry.  I am rather fascinated by the cruise lines' PR departments which always blame norovirus outbreaks on the passengers for bringing the virus aboard, rather than contaminated food and water which infect the passengers.

Norovirus - Cruise Ship - Contaminated Water - Pig - VeraAccording to the U.S. Food and Drug Administration (FDA), whereas "person to person" transmission of norovirus has been documented, "norwalk gastroenteritis is transmitted by the fecal-oral route via contaminated water and foods."  The FDA indicates that contaminated water is one of the most likely causes of norovirus.  The FDA reports that "water is the most common source of outbreaks and may include water from municipal supplies, well, recreational lakes, swimming pools, and water stored aboard cruise ships.

The question I have always wondered is how does the water become infected with norovirus?

So I was rather exciting after receiving an email yesterday from a kindred spirit from Britain, Mr. Pat Gardiner, who combines a maritime background with a keen interest in zoonotic disease.  Mr. Gardiner referred me to a recent study from Swedish researchers finding a direct correlation between pig effluent and water sources contaminated with norovirus.  Mr. Gardiner agreed to be a guest blogger, and for that my little blog is richer. 

Be sure to read Mr. Gardiner's rather fascinating background at the end of the article.    

Norovirus - Something in the Water - By Pat Gardiner:  

The constant outbreaks of Norovirus on cruise ships are bringing a powerful industry to its knees, quite aside from the distress and risk to the passengers.  Yet, new evidence yesterday suggests the problem may be ashore and entering the ship with the water supply.

Eureka moments do not come from thin air.  They come from relevant, sometimes diverse experience in the right place at the right time.  Few people can have had the delights of a career in Britain’s most successful seaports, retiring early to raise livestock in an area plagued by constant animal epidemics.

The writer has had a ten-year battle with the British authorities over the appalling handling of Pig - Water - Cruise Ship Norovirusanimal disease spreading to the human population.  Years ago, he noticed an apparent link between the locations of severe animal disease and the schedules of cruise ships. The ships were calling at ports worldwide in areas where pig disease was rife.

Norovirus is a disease shared between humans and pigs.

Few passengers, once on board, give a thought to the source of the water they use to wash and brush their teeth.  Every cruise ship fills with water, before, during and after every voyage at pretty well every port of call. That water comes from the public supply.

So a ship leaving the UK for a cruise to the Norwegian Fjords would take water from the same country as the passengers embarking – Harwich for example. Vessels calling at Harwich were some of the first to encounter norovirus at the same time as the pigs in the area were getting ill. Now, even ferries from the Scottish mainland to the Scottish islands are becoming infected.

For years, the mechanism by which the norovirus reached the ship baffled the writer.

Smuggling of live pigs and bacon sandwiches on board seemed unlikely for passengers bent on a holiday of glamour and luxury.

Then yesterday the ultra clean Swedes provided the missing link. They found norovirus in the sludge intrinsic to their public water system.

Pat Gardiner - Pigs - Pathogens - Water - Cruise ShipsWe know that pig effluent can contaminate the surface water and the water supply. Incidents are frequent despite the best efforts of everyone. We know that pigs can carry norovirus.  

We also know that, like everyone else, the Swedes have had outbreaks of various pig diseases.

If the water authority do not look for norovirus or do not detect it, the pathogen will be pumped straight into the cruise ship: directly into the ideal environment for spread to a usually elderly population in an enclosed area.

Any vessel calling at, or sailing via, ports in pig farming country is at risk.

It would be grand to think that the writer has repaid the debt of a satisfying career in shipping by helping to solve one of the most damaging problems imaginable, both to shipping and their customers.

Testing the water is cheap and easy, and the ship owners can do it tomorrow.

 

About Pat Gardiner:

Mr. Gardiner was too modest to provide me with a biography, but I managed to piece together his background from newspapers and information on line. 

Mr Gardiner started out in the maritime shipping business in the 1960's, working for Blue Star Line in Britain.  He rose to the top of the ship and line agencies in Britain's premier port of Felixstowe.  Pat Gardiner - Maritime Shipping  He has enjoyed a long standing relationship with the U.S., which includes working with what is now the U.S. Sealift Command. He managed his own companies (which acted as agent for U.S. Line among others).  He is a well known figure in the U.K. port and shipping business, and also wrote for newspapers about the shipping and port business.  He twice sold his group of successful shipping and freight businesses, and retired from the maritime freight business while he was still in his forties.   

After his retirement, Mr. Gardiner developed an interest in animal health and zoonotic disease.  In the process, he developed an appropriate distrust of the U.K. veterinary services.

He is the author of two blogs - Animal-Epidemics and  Go Self Sufficient.

Mr. Gardiner is a pancreatic cancer survivor.  He also survived a unsuccessful campaign to ruin his reputation by members of the pig farming and vet industries. 

In 2005, Mr. Gardiner drove across the U.S. in 2005 with his wife.  They are pictured above at my favorite vacation destination, a U.S. national park (Grand Canyon).  Mr. Gardiner can be reached at: patgardiner@btinternet.com 

 

Additional information:

The "Gardiner Hypothesis:"  Mutated Circovirus in pigs, the consequences of being treated with heavy use of antibiotics, is followed by MRSA in pigs and then MRSA and C.Diff epidemics take off in humans. A circovirus mutation in Britain in 1999 was covered up. The resulting epidemics spread first around the UK, then to Canada and from there, most recently, to the United States.

Learn a new word:

"Zoonotic diseases" - diseases caused by infectious agents that can be transmitted between, or are shared by, animals and humans.

Read Other Cruise Law News Blogs About Cruise Ship Norovirus:

Norovirus On Royal Caribbean's Jewel Of The Seas?   

Centers for Disease Control: "Shut Mercury Cruise Ship Down!"

"Cruise Ship Sickness" - Is Norovirus In The Food and Water?

U.S. to Block Arrival of Queen Victoria After Norovirus Outbreak?

Cruise Ship Norovirus - Clean the Damn Toilets!

Best in Law Blogs: 

Mr. Gardiner's article won a top 10 award for Best in Law Blogs today as part of Lexblog's 3,000 blogs.

Thanks Pat!  

 

 Credits:

Photographs          Pat Gardiner

Diagram            Virginia Bioinformatics Institute, Virginia Tech

What Does BP, Al Qaeda and a Cruise Line Have In Common?

The death of eleven oil rig workers on the Deepwater Horizon has sparked a debate in Congress about repealing the antiquated and inequitable statute, the Death On The High Seas Act (DOHSA).  This old law dating back to 1920 does not permit surviving wives and children compensation for their grief and bereavement when they lose a loved one on the high seas whether on a oil rig or cruise ship.

BP Deepwater Horizon - DOHSA - Death On High Seas ActBP and Cruise Lines Connected At The Hip Pocket?

Recently, there have been a number of articles that discuss DOHSA and reveal that the cruise industry will be joining forces with BP to repel any efforts of the grieving family members to repeal DOHSA.  Mother Jones pointed out in "Will the Cruise Industry Do BP's Dirty Work? 

CNN ran an article entitled "My Son's Family Deserves More from BP" explaining that the cruise lines have consistently fought against families trying to change DOSHA.

And AOL's Daily Finance even covered the issue with an interesting article "The Death On The High Seas act Needs Fixing - Just Ask  BP's Widows."  This article points out that prior efforts to reform DOHSA were "sunk" by the vociferous cruise industry's "lobbying muscle" - probably to avoid paying any compensation to the 34 passengers who were lost overboard during cruises from 2003 - 2007 according to an article "Death On The High Seas" in the Guardian newspaper.  

Should Al Qaeda And Terrorist States Be Protected By DOHSA Too? 

But the harsh effects of DOHSA are not limited to the grieving families of cruise victims and dead oil workers. 

Al Qaeda - U.S.S. Cole - Terrorism - DOHSA The families of U.S. servicemen and servicewomen learned about DOHSA when Al Qaeda terrorists killed their loved ones on the U.S.S. Cole.  17 men and women were brutally murdered when suicide bombers rammed their speed boat loaded with explosives into the U.S. navy ship.  56 family members filed suit against the government of Sudan for sponsoring the terrorist organization.  

A Federal District Judge applied DOHSA because the deaths occurred outside of U.S. territorial waters.  He dismissed the claims of 22 of the family members and limited the recovery of the rest to strictly lost wages.  Not one child or surviving spouse received a penny for the mental anguish and misery caused by the horrific criminal act of the terrorists and the complicit renegade country.

The inequity of DOHSA was not lost on the Judge who commented in Rux v. Republic of Sudan, 495 F.Supp.2d 541(E.D. Va. 2007) :

The court sympathizes greatly with plaintiffs, who continue to suffer terribly years after their loved ones died. But the court is bound to follow the legal precedent before it. Congress makes the laws; courts merely interpret them. Whether to amend DOHSA to allow more liberal recovery in cases of death caused by terrorism on the high seas . . is a question for Congress alone.         

Its Time to Act - Repeal the Death On The High Seas Act  

There is a Facebook page created for the families of  the oil workers killed in the BP explosion.  Please click on the link, leave a word of support, and contact your representative in Congress.

As your senator "why should BP, foreign flagged cruise lines and Al Qaeda be protected by DOHSA?"

 

For additional information, please consider reading:

Scranton Time Tribune: "Amend Law On Deaths At Sea"

Cruise Law News: 

Death On The High Seas Act Protects BP and Cruise Lines at the Grieving Family's Expense

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

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

 

Credits:

Deepwater Horizon         U.S. Coast Guard

 

Death On The High Seas Act Protects BP and Cruise Lines at the Grieving Family's Expense

Gordon Jones has been in the news lately.  Have you heard of him?

Probably not. 

But you all have heard of the companies that killed him:  Oil giant BP, and Transocean - the operator of the foreign flagged drilling rig, Deepwater Horizon.

Gordon Jones - Death On The High Seas Act - DOHSA - BPGordon was just 28 years old when he died on April 20th.  He left a pregnant wife and child behind. His Facebook page lists his favorite movies as Caddyshack, Blazing Saddles, and National Lampoon's Christmas Vacation.  So you know he had a great sense of humor.

But his family will never hear his laughter again.

Gordon Jones' death focuses the public on an injustice which has plagued Americans for ninety years.  Under an archaic law passed in 1920 called the Death On The High Seas Act (DOHSA), his wife cannot be compensated for her sadness, suffering and grief.  His children will grow up without a father due to BP's malfeasance.  But they cannot be compensated for the loss of their dad's love, nurture and guidance. 

The law will not permit it. 

DOHSA prohibits the grieving Jones family from recovering any compensation except the wages earned or to be earned by their father and husband. We have written about this inequitable archaic law before - "The Death on the High Seas Act - Screwing American Passengers for 89 Years."

Gordon Jones's story was recently covered in an article in Mother Jones - "Will the Cruise Industry Do BP's Dirty Work? 

Today, CNN ran an article entitled "My Son's Family Deserves More from BP."  The article was written by Gordon's father, Louisiana lawyer Keith Jones, who is interviewed by Larry King in the video below.

Gordon Jones and son Mr. Jones' emotional grief over losing his son is overwhelming.  But he is objective while explaining that DOHSA's prohibition against compensating his daughter-in-law and grandchildren is as illogical as it is unfair.  He is taking steps to repeal DOHSA.  Due to Mr. Jones' efforts, the Senate is considering a bill (Senate Bill 3463  introduced by Senator Leahey, and House Resolution 5503 by John Conyers) to repeal DOHSA. Both bills will permit damages for the surviving family members' loss of care, company and companionship - rather than just the dead man's earnings.    

As the CNN article points out, foreign flagged cruise ships - and foreign flagged drilling rigs - love DOHSA.  These industries and their lobbyists will dig in and fight the efforts to change the law, as Gordon's father point out in the CNN article:

"Support for these bills is growing, but we expect opposition from all the companies who don't want to pay fair compensation when, by their fault, someone on board their vessel is killed.  Cruise lines have consistently opposed changes to DOHSA.  Many of their passengers are, because of their youth or advanced age, not providing financial support to anyone.  If a cruise ship crew member negligently kills one of these passengers, the cruise line is liable for funeral expenses and nothing more. All companies involved in offshore drilling and shipping have been vigorously opposed to changes in DOHSA."  

Travel agents, cruise specialists, and cruise fans reading this - is this what you wish to support?   Your trade organization, the Cruise Line International Association (CLIA), pays lobbyists millions to walk the halls of Congress and lobby against changing DOHSA.  They want to make certain that the families of good, hard working people like Gordon Jones receive nothing for their grief, pain and suffering when they lose a loved on the high seas.

Don't let reckless corporations ruin our environment and people's lives and get away with it.

Do you want to help?  Call us.  Contact your Congressman or Congresswoman.  Leave a comment below and let us know what you think.  Do something, now.

 

 

Credits:

Photograph of Gordon Jones family      CNN

Photograph of Gordon Jones and son    Gordon Jones Facebook

Video      Larry King Live

Like Cruise Ships, Foreign Flagged Oil Rigs Avoid U.S. Laws

Foreign Flags - Marshall Islands, Liberia, Panama The LA Times has an interesting article this morning revealing how drilling companies skirt U.S. laws by registering their oil rigs in countries like the Marshall Islands, described by the Times as a "tiny, impoverished nation in the Pacific Ocean." 

Drilling rigs are considered to be "vessels" under maritime law.  This permits their owners and operators to register them wherever they want in the world.  Like cruise lines which register their ships in Liberia, Panama, and the Bahamas, oil and gas companies and drilling contractors register their rigs outside the U.S. to avoid American safety laws and taxes.   

Congress will be conducting a hearing on the safety of these foreign flagged drilling rigs this Thursday.  The Times quotes James L. Oberstar (D-Minn.), chairman of the House Transportation Committee, as stating:  "Today, these oil rigs can operate under different, very minimal standards of inspection established by international maritime treaties."

Representative Oberstar is a friend of cruise passengers and crew members, having taken a leading role in passing the Cruise Vessel Safety and Security Act in the House of Representatives last year.  This law protects cruise passengers on foreign flagged cruise ships.  Take a minute and read: " Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4."

    

For additional information on the Marshall Islands vessel registration system, consider reading: "Growth Of The Marshall Islands Flag and American Bureau of Shipping."

Have a comment?  Leave your thoughts in the comment section below. 

Miami Cruise Ship Accident and Injury Lawyer

This weekend while cleaning out a file cabinet, I ran across an article published by the Miami Herald entitled "Lawyers Turn Cruise Lawsuits Into Industry." The article stated that between 2001 and 2006, over 2,000 lawsuits were filed against the Miami based cruise lines - Carnival, Celebrity, Norwegian and Royal Caribbean.

Cruise Ship Lawyer - Miami - Accident - InjuryThe article mentioned that I was one of the "big three" leading adversaries of cruise lines. This was a nice compliment, I suppose, coming from a newspaper like the Miami Herald which is a big supporter of the cruise industry.

The article discussed lawsuits filed on behalf of passengers and crew members against cruise lines:

"The $25 billion-a-year cruising industry has faced more lawsuits than it cares to count over the past few decades -- some 2,100 in South Florida alone since 2001.

Many are filed by a small group of lawyers -- about 15 locally -- who specialize in representing injured cruise passengers and crew members and make up a thriving cottage industry in South Florida.

But the cruise lines aren't exactly sitting back -- far from it. They have teams of lawyers to fight or settle the suits, and they've quietly begun putting into place measures to make it more difficult to sue them."

"Prime Location For Passenger Claims"

One of the obstacles cruise lines use is the requirement that lawsuits by passengers must be filed here in South Florida.  Cruise lines have included forum selection clauses in the passenger tickets requiring the passenger to sue here in Miami rather than in their home town. The Miami Herald articles states:

Cruise Lawyer - Miami Florida - Accident - Injury - Cruise Ship"For lawyers interested in suing cruise lines, South Florida is the place to be.

If you want to do this kind of work, you pretty much have to do it in Miami," said Martin Davies, a maritime law professor at Tulane University.

Davies said plaintiffs' lawyers occasionally try to sue somewhere else, but they almost always fail. The perception is that the cruise lines are getting a hometown advantage. Davies disputes that, arguing that it makes sense for cruise lines to be able to limit the number of places where passengers can sue. "Their passengers come from all over the world," he said.

The cruise lines won't say how much money they spend on lawsuits, but most cases do get settled, with payouts ranging from a couple thousand dollars to more than $1 million."

 

For additional information about passenger lawsuits against cruise lines here in Miami, we suggest reading some of our other articles: 

Cruise Ship Accidents - Miami Maritime Lawyer

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

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

Reason No. 9 Not To Cruise: Bunker Fuel - Nasty Tar Sludge!

Continuing with Cruise Law News' Top 10 Reasons Not To Cruise, we reach reason number 9 not to cruise:

Bunker Fuel - Nasty Tar Sludge!

This reason is personal to me.

My Dad is an oil man.  In the 1960's we lived in Texas and Oklahoma as kids when my Dad worked for seismic companies.  In 1965, we moved to Libya when Dad took a job with the largest oil company in North Africa.  He became the head of the geophysical department responsible for searching for oil.  My Dad made the final decision where to drill and sink thousands of feet of drill Bunker Fuel - Cruise Ship - Air Pollution pipe and casing into the Sahara Desert.  This was big business.  I remember when he came home with a vial containing a sample of the 5,000,000,000 barrel of crude oil he discovered beneath the Libyan sands.

Dad taught us everything about the oil and gas industry. Geological formations.  Exploration strategies.  Dilling techniques.  And he explained the process of refining oil and producing gas products of different octanes.  He also talked about the by-products of oil refineries including a bottom-of-the-barrel product called "bunker fuel."

Bunker fuel is a waste product.  It literally is the dredge remaining in the pits of the refineries after all of the refining process has ended and the high octane fuels have been produced and the diesel products have been extracted from the crude oil.   It is toxic muck.  It has the consistency of tar.  It cannot be used without incombustible particles flying all over the place - not unlike burning a tire - with the residue burrowing deep into the mucous membranes of your lungs. 

I remember my Dad telling me, this is some nasty shit son.  I can't believe anyone would use this sludge. It's a health hazard if you breath it.  It should be pumped back into the wells and capped. 

No one reading this article would burn bunker fuel in their house, or subject their neighbors to this toxic pollutant.  Bunker fuel is the nastiest and most toxic fuel you can use.

But this fuel is the cornerstone of the cruise industry.

In prior articles, we have written about the high sulfur content of bunker fuel - which has 4,000 to 5,000 more sulfur than gasoline used in automobiles.  This cheap, filthy, high-sulfur fuel has a disastrous effect on the environment and a deadly effect on those who breath the lethal smoke.

Any time you see a photo of a cruise ship on the cruise line's or travel agent's web site, it has always been photo-shopped to hide the smoke billowing out of the smoke stacks. But take a look Bunker Fuel - Cruise Ship - Pollution at the photograph below of Royal Caribbean's Vision of the Seas - smoking up a port in Alaska with bunker fuel.  Nasty.  Nasty.  Nasty.   

In March, the International Maritime Organization (IMO) announced that it was creating a buffer zone around the U.S. and Canada which will prohibit the use of bunker fuel.  Holland America Line's CEO, Stein Kruse, complained that the new air law "essentially means all the current fuel that we burn cannot be burned."  

It is therefore not surprising that the Friends of the Earth's (FOE) Cruise Ship Environmental Report Card gave a "F" to Carnival, Celebrity Crystal, Cunard, Disney, Regent Seven Seas, Royal Caribbean and Silversea cruise lines for air pollution reduction.  FOE released a press statement yesterday:

"For the second year in a row, we’ve found that cruise lines are doing less than they can to limit the environmental impacts of their ships. . . From ending the use of dirty fuel that pollutes the air to stopping the disgusting practice of dumping sewage and other waste into the sea, it’s time for the cruise industry to clean up its act. The unfortunate reality is that, at present, many cruises harm marine ecosystems and the health of people who live near ports of call.”

The cruise industry trade organization, Cruise Line International Association (CLIA), responded to the bad grades with this press release:

“It is unfortunate that instead of contributing to a meaningful scientific dialogue about protecting our oceans, FOE continues to use innuendo and misstate the facts to advance its agenda. This ‘report card’ is not based on science, law, or the facts, and like its last one, is rooted in FOE’s own arbitrary and flawed criteria.”

Unfortunately, arrogant and dismissive statements like this are the typical response from the recalcitrant cruise industry. But the truth of the matter remains that without governmental oversight, cruise lines will always use the cheapest and most hazardous fuels available to operate their cruise ships.

So if you are thinking of cruising this summer, give the environment a break - take your family for a hike and camping trip in a national park instead. 

 

Click on the video and watch bunker fuel burning (gas mask recommended): 

 

 

Credits:

Royal Caribbean's Vision of the Seas cruise ship    AlaskanLibrarian's Flickr photostream
 

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

I received an email last week from a passenger who had been severely injured on a Carnival cruise.  She had already undergone two surgeries and was facing a third surgery.  She asked what's the statute of limitations for cruise line cases?  I had the unpleasant job of telling her that it was too late to consider filing a lawsuit. 

In most states, the statute of limitations is anywhere from two to five years.  For maritime cases, there is a three year statute.  However, in cruise line cases involving adults, passengers have just one year to file suit!

Cruise Statute of Limitations - One Year! - Cruise ShipTechnically, there is no "statute of limitations" for cruise ship injuries.  Rather, there is a limitations period in the passenger ticket issued by the cruise line which contains the one year period in the "fine print."  Courts have consistently enforced this limitations period.

Cruise lines know that many injured guests will not read the fine print in the ticket and think that they have two or three years to file suit.  But if the passenger waits longer than one year, its too late - they have lost their rights and their case will be dismissed.

On the same day the Carnival passenger contacted me, the Eleventh Circuit Court of Appeal decided this exact issue in no uncertain terms.  In RAY RACCA v. CELEBRITY CRUISES, INC., ROYAL CARIBBEAN CRUISES LTD, a passenger sustained a serious knee injury on April 30, 2006, resulting in several surgeries and a total knee replacement.  He waited almost two years later to file suit on April 22, 2008.  The cruise lines responded with a motion to have his case thrown out of court.

The passenger complained that the limitations period was buried in a 100 page cruise brochure and the one year limitations period was not reasonably communicated to him.  The court acknowledge that most passenger do not read the ticket.  However, after a serious injury which includes surgery, the Court concluded that it is not unreasonable to expect passengers to read the ticket and learn their legal rights.  The court dismissed the passenger's case.

The court noted that the passenger also failed to provide written notice to the cruise line of his intention to seek compensation within six months of the accident, as also required by the ticket.  Failure to do so may also result in your case being dismissed.  We have discussed these issues in a prior article Cruise Passenger Rights and Wrongs - Interview With Maritime Lawyer Jim Walker.

If a child is injured or assaulted on a cruise ship, the limitations period is three years.  If the child turns18, the case must then be filed within one year after turning 18.

There are even shorter limitations periods for lost luggage, stolen items, and issues not involving personal injury.  If you are injured on a cruise ship, read your ticket! 

These limitations apply only to passengers.  Crew members have three years to file suit.

 

Credits:              Artwork           Maxim

Cruise Ship Accident and Injury Lawyer

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,  Cruise Ship Accident and Injury Lawyer - Miami Florida 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.   

Jim Walker - James Walker - Cruise Lawyer - Cruise Accident LawDo 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. 

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") 

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. 

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

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

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

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

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

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

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

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

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

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

Is there anything you’d like to add?

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

 

Photo Credits 

Linda Coffman   Ms. Linda Coffman

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

 

Cruise Ship Brawls - A Problem that Will Get Bigger with Bigger Ships

Paul Ash, who writes columns for the Times Live in Johannesburg under the name "The Wanderer," addresses the issue of violence by cruise passengers in an interesting article entitled "Punch-Ups and Brawls on Cruise Ships: Whose Fault is it Anyway?"

The article mentions what is described as a "mini-rampage" on the P&O cruise ship Ventura while the ship was at sea. Also mentioned is the brawl between six Carnival passengers who punched, scratched and bit it out with police in Antigua over a dispute with a taxi driver over, depending on who you believe, either a $50 or $100 taxi fare.

Mr. Ash's article raises a couple of interesting issues. 

Are cruise lines inviting rowdier crowds on board with discount tickets?  And what happens when, as Mr. Ash puts it, "the happy and careless rich collide with the hungry and resentful poor?"

One of the subscribers to this blog commented on an earlier article about the danger presented when vacationing families intersect with the hard partying younger crowd who are enticed to cruise with the lure of cheap three-day booze cruises. I compare the situation to going on a cruise with Kid Rock - I love his music but I wouldn't want to take my family on a cruise with his posse partying next door. 

As reported by Mr. Ash, a BBC2 television host Jeremy Vine recently questioned Carnival CEO Micky Arison about this problem of violence associated with cheap cruise tickets and a more diverse group of passengers.

“Cruise ships are a microcosm of any city or any location and stuff happens . . . The negatives of discounting might be less commission for agents and less revenue for us but the positive is it opens up the product to a wider audience.”

The "wider audience" will undoubtedly include a younger crowd from a different demographic, including what I call the hard partying "Bud Light - tank top" crowd.

Mr. Ash concludes his article with the following thought: 

"I can’t think anything I’d rather less do than go on holiday with five thousand three hundred and ninety-nine other people. Imagine the rush for the boats – or taxis – during shore excursions. Imagine the stress of finding a space by the pool. Or queuing for dinner. One may as well go to the Med and scrap with the Russians and Germans for sun loungers. No wonder people get punchy. Who wouldn’t?"

Complicating matters is the huge amount of alcohol which the cruise lines sell to the passengers, which often leads to drunken brawls in the bar and discos and sometimes around the pools. It will be interesting to see how Carnival and the other cruise lines handle the "wider audience" flocking onto the larger cruise ships. If cruise ships are like cities and "stuff happens," what steps are they taking to protect U.S. families?

Will the cruise lines elect to hire a full complement of well trained and experienced security guards?  Or will they continue to try and save money with only 2 or 3 inexperienced "guards" trying to protect 2,000 or 3,000 passengers?