Rough Weather Kills Cruise Passenger

CNN reports that a British cruise passenger was killed during rough weather which struck a ship sailing into the English Channel.

The death occurred aboard the Marco Polo cruise ship.

The cruise line tried to characterize the death as a result of a freak accident. The incident was described as a result of a "freak wave" according to a statement released Friday by the ship's owner, Cruise & Maritime Voyages. It is quite common for cruise operators to say that a "freak wave" was the problem, rather than admitting that the sea conditions were foreseeable and that the captain and officers failed to Marco Polo Cruise Shipwarn the passengers of the dangers inherent in the adverse sea conditions. 

There was nothing "freaky" about the waves. The U.K. is being racked by severe weather which includes driving rain and gale-force winds.

One of the most popular videos we have ever posted is that of a wave smashing through a window and causing death and destruction. You can see that video here on our YouTube channel.  It has been watched around 1,500,000 times: "Wave Hits Louis Majesty Cruise Ship." 

CNN says that "one elderly passenger has died and a further passenger has been airlifted for further shore-side medical assistance."

BBC News says that "water crashed through a window injuring several passengers. An 85-year-old man and a woman in her 70s were airlifted off the ship but the man later died."

The ship was sailing from the Azores to its home port in Tilbury, England and was carrying 735 passengers and 349 crew members.

February 15 2014 Update1 Dead, 12 Injured: Pandemonium After Wave Breaks Window & Floods Cruise Ship Restaurant.

 

Photo Credit: Wikipedia / Luca Riva 

Dead Filipinos, Dead Children & Other Cruise Line Madness

This week several people died during cruises on ships owned by Carnival Corporation.  A young seafarer died on the Carnival-owned Cunard Queen Victoria cruise ship.  A crew member from the Carnival Conquest was crushed to death at the port of New Orleans. And most tragically, a 6 year-old boy needlessly drown on the Carnival Victory in a swimming pool which, incredibly, did not have a life-guard.     

What do all of these seemingly unrelated incidents have in common?  

Because of antiquated laws and recent legal developments advanced by the cruise industry, the cruise Qwentyn Hunter - Carnival Cruise Shipline will escape virtually all legal accountability for the deaths.

Let's look first at the sad case of little 6 year old Qwentyn Hunter who died on the Carnival Victory last week. He died underwater in a swimming pool that Carnival decided not to supervise with a lifeguard for, what I believe to be, purely financial reasons.

A child on vacation dead at age 6.

Is it foreseeable that a child may drown in a pool?  Of course. We have written recently about a 4 year old boy who is severely brain injured after slipping under the water on a cruise ship Disney which also didn't bother to assign a lifeguard to the pool.    

Put aside the debate whether the boy's death was a lack of personal responsibility of the parents or a lack of corporate responsibility due to the the malfeasance of the cruise line (or both), what is the maximum exposure presented to Carnival?

The answer, sadly, is just the child's burial and burial expenses. How is that possible?

There is a law in the U.S. called The Death On The High Seas Act ("DOHSA").  

DOHSA is an archaic law enacted in 1920 which provides only "pecuniary" losses to the survivors of someone who dies on the high seas. "Pecuniary" damages means only those financial losses, such as lost wages or medical expenses, suffered by those who are dependent on the dead person. In cases of a dead child or a dead retiree, there are no lost wages and no one dependent on the child or retiree for support. In Qwentyn's situation, there are obviously no lost wages or medical expenses.  So all that the family could possibly receive in compensation after an expensive, long-drawn-out lawsuit is whatever it costs to bury a child these days.      

If the cruise line is negligent for a child's death in an unattended pool, it will pay a maximum of $10,000 or so if liability is proven. Big deal. From a financial perspective, the cruise line is ahead of the game by not paying millions to employ lifeguards on over a hundred Carnival cruise ships to keep the kids safe. Carnival's Micky Arison, worth around 6 billion dollars, gets to keep his bounty.    

Cruise lines love DOHSA. It exculpates the cruise lines when they act irresponsibly.  The cruise industry has lobbied hard against amending the law.  Read about that here and here. Don't miss reading: What Does BP, Al Qaeda and a Cruise Line Have In Common?  

Crew members who die due to the negligence of the cruise lines face the same hardship of DOHSA. 

But that's not all. The cruise lines have also fought tooth & nail to keep the claims of "foreign" crew members outside of the U.S. legal system and deprive injured crew members from having their cases heard by U.S. juries by insisting that they resolve their cases through "arbitration."  

Read about this injustice here. The Filipinos face a "schedule" of compensation depending on the Filipino Crew Member - Cruise - Burn Unitinjury. A lost finger, or hand, or an arm may result in an award of only $7,500 or $25,000 or $35,000. A death? $50,000, plus only $7,000 per child with a limit of 4 children. 

One of the worst cases involved a Filipino crew member who received 35% burns on his body in a clear case of the vessel operator's negligence. At the ship owner's request, the disabled and disfigured crew member's case was dismissed from the U.S. legal system and sent to Manila where a Kangaroo Court awarded the burned Filipino just $1,870.00 (US).

The cruise lines don't want you to understand what happens when the nice, smiling Filipino waiters or bartenders who serve your family are subsequently seriously injured or die on cruise ships. It is fundamentally different and absolutely unfair compared to when people are injured or die on land. 

And this is exactly how the multi-billion dollar cruise industry wants it.  

Have a thought about this article?  Please leave a comment below, or join the discussion on our Facebook page.

Carnival Forgets the Costa Concordia Dead, and Celebrates a NBA Championship Basketball Team

It's approaching six months since the death of ill fated Costa Concordia.  But it seems like yesterday that the renegade Costa captain crashed the $500 million cruise ship ingloriously into the granite underwater rocks surrounding the little island of Giglio, terrorizing over four thousand passengers and crew and killing innocent souls who were simply trying to enjoy a vacation cruise.   

But the news today is not about the Concordia disaster. Cruise bookings are up for Costa, the travel experts tell us. The reports of the demise of the Costa brand predicted earlier this year, are old and now disregarded. Costa has brought a brand new cruise ship online with great fanfare. Things are looking up for the cruise lines, the cruise lines tell us.

Carnival Cruise Line - Costa Concordia Disaster - Micky Arison The last thing on the mind of CEO Arison of Carnival Cruise Lines, the owner of Costa, is the death, doom and gloom associated with the Concordia disaster.  Arison is a happy camper. He just celebrated his multi-million dollar Miami Heat basketball team winning another NBA championship.

The champagne is still flowing.

Fat cat cruise CEO's like Arison don't lose sleep over disasters. OK, 32 dead. It could have been worse.  Shit happens.  A 500 million dollar cruise line lying on its side in the water. Thank Poseidon, God of the Sea, that we are fully insured for the hull and lost revenues. I'm still worth billions. Let's move on. Is the Heat going to win the championship?  

That's how billionaire Arison thinks.  He misses no sleep worrying about dead customers.  

But there are people who haven't forgotten the terror of January 13th.  There are passengers and crew members who can't sleep because of the terror of that night.  There are parents, spouses and children who grieve their dead children, soul mates and parents.         

What do the families of the Concordia victims think watching the spectacle of Arison on TV laughing and holding his NBA championship trophy over his head?  

Do the the families of the dead awake in the middle of the night triggered by the thought that those responsible for killing their family members care not an iota for their loves ones' suffering while holding NBA trophies and drinking champagne? 

Newborn Baby Dies on Carnival Cruise Ship

A Carnival crewmember found a dead baby in a passenger cabin this week.  The child is apparently the newborn baby of a twenty year old passenger. 

The disturbing discovery occurred aboard the Carnival Dream cruise ship.  Carnival released a statement indicating that Dutch authorities detained the mother in St. Maarten, where the cruise ship called on Wednesday.  The FBI boarded the Dream when it returned to Port Canaveral.  The FBI has special maritime jurisdiction to investigate alleged crimes involving U.S. passengers in international waters.      

Carnival does not permit pregnant women to cruise if their estimated gestational age on the day of disembarkation is 25 weeks or more. 

There is no indication whether the baby was stillborn or died after the mother gave birth.  An autopsy should provide answers.

 

 

If you have additional information about this incident, please leave a comment below. 

Video credit:  CBS / Today Show

Passenger Ship Sinks - 9 People Dead

Eight people have been proclaimed dead and one is presumed to have drowned when a pleasure ship collided with a cargo barge. The accident occurred today in the Moscow River. There were a total of sixteen people onboard when the ship went down and only seven were rescued.

The ship, Lastochka, was registered to Russia. Its captain and owner, Gennady Zinger, had previously be fined (three times in the past year) for exceeding the passenger limitation aboard the vessel. According to Wireupdate, the vessel had several safety issues, including a broken engine and extreme overloading.Photo Credit: SeaNews