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

Last week, a Royal Caribbean guest fell while trying to descend a stairwell in the Catacombs lounge on the Liberty of the Seas cruise ship.

We wrote about the incident in our article: Royal Caribbean Passenger Falls & Dies on Liberty of the Seas Cruise Ship.

A number of former passengers aboard this cruise ship left comments to our article:

. . . those stairs are so dangerous, why would they have stairs like this at a bar?????? while drinking is going on etc! No traction, no carpet,  Nothing . . . 

. . .  they looked dangerous and slippery.  Pretty? Yes - but dangerous . . .

. . . they are incredibly dangerous!!! . . .

. . .  those stairs, are EXTREMELY Dangerous.  Even from the picture you can see that they have little to no tread and no skid protection.  Mix that with heels, lack of bright lighting, drinking, and possible spillage..and you have a recipe for disaster . . .

Well, disaster did strike, and cruise passenger Barbara Wood died as a result.  Was this a freak accident?  No.  Royal Caribbean knew before this latest accident that these stairs pose a danger to their guests.  It has been sued before. 

One of the Miami maritime lawyers who I regularly consult with, Glenn Holzberg, filed a lawsuit against Royal Caribbean for a fall on these steps.  The lawsuit which Glenn filed alleges that back in September 2007, a cruise passenger: 

 . . . was on board the Liberty of the Seas, when she slipped and fell down the stairway within the Catacombs Lounge leading to the deck below, causing her to repeatedly strike her forehead and face and resulting in serious and permanent damage including a concussion, and closed head injuries. The direct and proximate cause of the fall was the condition and design of the stairway and individual stairs, making it difficult to distinguish one step from another, and the darkness in the Catacombs lounge leading to and surrounding the stairway . . .

Did Royal Caribbean make any changes to the stairwell after this earlier serious accident over the past 4 years?   Did it improve the lighting conditions around the stairwell?  Did it place any warning signs around the area? 

How many other passengers have been injured at this location? 

How many more injuries and deaths will it take before Royal Caribbean replaces these pretty but dangerous steps?

If you sailed on the Liberty and experienced difficulties with these steps, please consider leaving a comment below.

Photo credit:  Sean Lloyd (Flickr)

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News sources are reporting that a passenger died aboard a Royal Caribbean cruise ship this morning after falling down a staircase. 

Massachusetts resident, Barbara Wood, age 47, reportedly was leaving the Catacombs nightclub aboard Royal Caribbean’s Liberty of the Seas at about 1:48 a.m. when she fell on the stairs and struck her head, according to a statement by the Broward County Sheriff's office. 

Ms. Wood was taken to the ship’s infirmary where she was pronounced dead at 2:50 a.m., according to the Sheriff's office.  Sheriff’s deputies met the cruise ship when it docked at 5 a.m. at Port Everglades in Fort Lauderdale. 

The Royal Caribbean PR spokesperson stated that the company would not speculate on what caused the accident. 

It should be noted that there should be closed circuit television (CCTV) maintained by the cruise line which should have captured the accident and should reveal exactly what happened.  It is less than clear where the accident occurred although the stairs around this club are extremely decorative. 

Any time an accident occurs late at night and near a nightclub, there is speculation that alcohol may have been involved.  This is nothing new.  Alcohol sales are a fundamental part of the cruise experience, and alcohol is often pushed by the cruise lines. 

Royal Caribbean has undoubtedly already carefully reviewed this passenger's onboard purchases and determined exactly how many alcoholic beverages, if any, she purchased last night.  The cruise line will also have reviewed the CCTV images and interviewed those at the scene of the accident.  

To the extent that alcohol played any part in the accident, the maritime law regarding the liability of cruise lines is well settled.  In Hall v. Royal Caribbean, a passenger "was injured on the high seas when, after having been served alcohol by the vessel's employees to and obviously past the point of intoxication, he staggered from a lounge, and while unable to look after himself fell down two flights of open stairways." 

The appellate court reversed the trial court's dismissal of the case, finding that the dismissal "must be reversed because the complaint clearly stated a cause of action for breach of the defendant's duty to exercise reasonable care for the safety of its passengers."  

If you were on the cruise and have additional information to add, please leave a comment below.

February 4, 2012 Update:

This i snot the first serious accident on the Liberty o fthe Seas involving the Catacombs stairwells: When Will Royal Caribbean Replace the Dangerous Stairs in the Catacombs Lounge on the Liberty of the Seas?

Photo credit:  Bottom photo - skinnie minnie / Flickr page

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Multiple news sources are reporting that a 26-year-old American passenger aboard a Carnival cruise ship fell to his death.  

The incident occurred on the Carnival Fantasy cruise ship.  The man apparently fell from the upper levels all the way down to the lobby level of the cruise ship

The cruise ship docked in Nassau, Bahamas last night.  Its departure today was delayed due to an investigation into the casualty. 

Bahamas police said in a statement today that the passenger was from South Carolina.  

The ship departed Charleston, South Carolina on Wednesday for a five-day Bahamas cruise.  It is still scheduled to return to Charleston on Monday.

Were you on the cruise?  Do you have information regarding what happened?  Please leave a message below.

Video:  ABC News Charleston

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A year and a half ago, I wrote about the danger of serious injury and death created by the "FlowRider" attraction on Royal Caribbean's cruise ship.  The article is entitled Wipeout! Liability of Royal Caribbean Cruise Line for FlowRider Accidents.

In the article, I discussed that the cruise line forces the passengers to sign "Onboard Activities Waivers" before they can participate in certain activities on board the cruise ships.  Royal Caribbean claims that these "waivers" protect it from lawsuits whenever a cruise passenger is injured on a FlowRider, as well as during zip lining, rock climbing, or ice skating activities on the cruise ship.  We disagree.  In our article stated, we stated in no uncertain terms that:

".  .  .  these waivers are invalid.  They violate U.S. Federal law which prohibits shipping companies and cruise lines avoiding or limiting liability for injuries and deaths on the high seas . . .  if you are seriously injured, check with a maritime lawyer before you take the cruise line's word that their so-called 'waivers' are valid."

Yesterday, the Eleventh Circuit Court of Appeal agreed with us.  In a case involving a client represented by our firm and our co-counsel Jonathan Aronson, the Eleventh Circuit struck down the Royal Caribbean "Onboard Activities Waiver," pursuant to a  federal statute, 46 U.S.C. § 30509. 

The Court summarized the facts of the case as follows:

"Johnson was a passenger on the Oasis of the Sea cruise ship owned by Royal.  One of the attractions of this ship was the FlowRider - a simulated surfing and body boarding activity.  Before purchasing a ticket to participate in the FlowRider attraction, Johnson was instructed to sign her name to an electronic "Onboard Activity Waiver" ("the waiver").  When she signed her name to the waiver, Johnson agreed to release Royal and its employees from actions "arising from any accident [or] injury. . . resulting from . . . [her] participation in any or all of the shipboard activities [she] has selected." 

While receiving instruction for the body boarding portion of FlowRider, Johnson received instructions from an instructor employed by Royal ("Mike") that deviated from the regular use of the body boards, which are different from the surfboards.  Mike instructed Johnson to stand on the body board while he was holding it.  When he released the board, Johnson fell off the board and suffered a fractured ankle.  The maneuver attempted by Mike with Johnson was in violation of Royal's safety guidelines for the FlowRider attraction. These guidelines specifically state that the boards for the surfing portion can be stood upon, while the boards used for the body boarding portion should only be used while lying down."

After we filed suit against Royal Caribbean, the cruise line argued that the waiver precluded our client from recovering for her injuries.  The trial court agreed and ended our case a few days before trial.  We appealed.

In an opinion released yesterday, the Eleventh Circuit Court of Appeal reversed the lower court.  The appellate court ruled that the Royal Caribbean waiver violated 46 U.S.C. § 30509 which prohibits contractual provisions which attempt to limit the liability of the owner of ships for "personal injury or death caused by the negligence or fault of the owner or the owner's employees or agents."   The court held that the statute was clear and unambiguous, and there was no exception for recreational, inherently dangerous, or ultra hazardous activities.  Although waivers of this type may be enforceable on land, such waivers are illegal and unenforceable on the high seas.

The ruling is significant because there has been at least one death and numerous serious injuries to cruise passengers on the Royal Caribbean FlowRiders.

The interesting thing about this appeal is that in addition to the efforts of Royal Caribbean, the cruise industry's trade organization, the Cruise Line International Association ("CLIA"), filed an amicus curiae brief, trying to convince the appellate court to strip the rights of passengers who are injured during cruises.  If successful with this case, Royal Caribbean and the other 25 CLIA cruise lines undoubtedly would have required cruise passengers to sign waivers for all shipboard activities.  I doubt that any travel agents who are members of CLIA know what the cruise lines were up to.

The appeal was handled by appellate specialist Phil Parrish.    

You can read the entire opinion here.  And don't forget to watch "Royal Caribbean WipeOuts!" video below:

Video             YouTube lilmikee420

Photo:       Cruise Critic

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Today the Cayman News Service reports that yesterday afternoon a seventy one year old cruise passenger was found dead in the water near an area referred to as the "Sand Bar."  This is a popular location where tourists can swim in shallow water near stingrays.

Police have identified the cruise ship passenger as Mr. Samir Rizk of Raleigh, North Carolina.

According to this news source, a spokesperson for the Royal Cayman Islands Police Service said that just before 2:00 PM on December 6th, the local police police received a report that "a man had been found in the ocean, near to Coral Gardens, floating in the water by people who were on a boat at the Sand Bar."  

The boaters lifted the man onto their vessel, but found he was unconscious and non-responsive to CPR.  

The news source further reports that the Joint Marine Unit’s ‘Niven D’ went to the location and transported the man to the Yacht Club where paramedics were standing-by.  He was then taken to the Cayman Islands Hospital in George Town, but was found to be dead on arrival.

A post mortem examination is scheduled to take place on this Friday, December 9th.  There is no indication regarding the name of the cruise line or cruise ship on which the deceased passenger was sailing.  It is also unknown whether the passenger was on an excursion, or a tender, or swimming or engaged in water sports.

If you were on the cruise and have information regarding this incident, please leave a comment below.   

December 8, 2011 Update: The Raleigh News and Observer newspaper has an article where Mr. Rizk's brother described him as an excellent swimmer and marathon runner, having completed a marathon just two months earlier.  He questions how no one observed his brother in distress in such a popular and often crowded area.

Photo credit:  photos4travel / @patrix99

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A news station in California is reporting that a woman is dead after falling around 75 feet from the Queen Mary in Long Beach Harbor Monday evening.

KABC News in Long Beach states that the woman "fell off a walkway" around 8:30 p.m. yesterday evening and plunged into the water below.

Another person jumped into the water to try and rescue the woman, followed by two Long Beach police officers. 

The BelmontShores-Naples Patch has the most complete information.  This newspaper states that the 26 year old woman fell from the upper gangway after arguing with her 40 year old boyfriend.

The newspaper reports that that two unidentified employees witnessed the argument and the woman falling into the water.  Although ordered not to talk, they provided eyewitness detail.

They said that the woman had been arguing, with a man they called her boyfriend, near the center of the top level gangway for nearly 10 minutes.  One employee recounted that the woman allegedly said "I don't want to live, I don't want to be with you anymore, I don't want to go on."

She made a "motion like she was going to go over the rail and slipped."

The 40 year old man then "ran down the steps to the bottom landing and jumped in."

The newspaper states that one of the employees saw the entire (nearly 10 minute) argument, while the second employee said he saw the final three or four minutes.

She was taken to a hospital in critical condition and later died.

Although many news sources refer to the Queen Mary as a "cruise ship," in 1967 it was removed from the British registry and officially turned over to the city of Long Beach.  The once storied vessel was operated by Cunard.  The vessel had its inaugural voyage in 1936; it was used as a troop transport in the second world war; and it enjoyed its "golden years" in the 1950's and 1960's.  It is now operated as a hotel and is fully dependent on shore utilities.  

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CBC News in Canada published a story this week about cruise passenger Bernie Hamilton, age 66, who died following a Holland America Line ("HAL") cruise due to what sounds like a series of errors by the ship's medical personnel.  The article is entitled "Cruise Death Prompts Warning on Ships' Medical Care."  

I have heard these stories time after time over the years.   A couple excited about a dream vacation.  The husband experiences medical issues during the cruise which a competent doctor ashore would easily handle.  But due to blunders by the cruise ship medical team, the wife returns home alone to face the cruise line's denials of responsibility for the suffering and death.

In Bernie Hamilton's case, you can read about the ship doctor's misdiagnosis by concluding that Mr. Hamilton had just a common cold or perhaps asthma which led to a prescription of Ventolin which accelerates a patient's heart rate.  You can read that after Mr. Hamilton collapsed on the floor of the cabin, his wife Heather had to witness the spectacle of the medical personnel trying to decipher the instructions for the automatic defibrillator as precious minutes ticked away on her husband's life.  

After the ship medical team struggled to insert an intravenous line and intubation tube and finally "stabilized" Mr. Hamilton, the ship put Mr. Hamilton ashore in Spain where the shore-side doctors declared him brain dead.

Ms. Hamilton received no apologies from HAL.  The cruise line is quoted in the article saying that they "believe the care provided to Mr. Hamilton was appropriate."  All that Ms. Hamilton received from HAL was a bill for $2,000.

The article mentions other similar stories by members of the non-profit International Cruise Victims organization.   Also quoted is Miami lawyer, and my friend, Phil Gerson who is quoted saying: "They advertise that they do have a medical clinic on board . . . and they actually sell those services to their passengers.  But they don't tell them … that they have no legal responsibility for the carelessness of the medical personnel."

Last year, I wrote an article "If the Ship Doctor Kills You, Too Bad" which explains the dangers provided by the limited nature of cruise ship medical care and the difficulty seeking compensation when malpractice of the ship doctor or nurses harms your family. 

Yes, doctors and nurses make mistakes, but a cruise ship is about the only place where a doctor can negligently kill your loved one and there is no accountability. 

As I mentioned last year, as long as cruise lines are not liable for bad medical care, there is no financial incentive for the ships to invest in training and hiring more qualified and experienced doctors and nurses.

There is no economic or moral justification for such an inequitable situation. The cruise industry collects over $35 billion dollars a year and pays no Federal income taxes by registering their cruise ships in foreign countries.  As long as travel agents, cruise fans and the public are indifferent to these type of stories, in the future other families will experience the horror of dream vacations going terribly wrong.

Photo credit:   CBC News / Heather Hamilton

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The Virgin Islands Daily News reports today that the U.S. Coast Guard continues to investigate the  fatal parasailing accident in St. Thomas which killed a Celebrity Cruises passenger and seriously injured her daughter on November 15, 2011.

We discussed this incident in our article Celebrity Cruises Passenger Killed in Parasailng Accident in St. Thomas.

The incidents resulted in the death of Bernice Kraftcheck, age 60 who the newspaper identifies lived in Round Lake, Illinois.  Her daughter, Danielle Haese, age 34, is identified as living in  Plymouth Meeting, Pennsylvania.

The Virgin Islands Daily News states that it is "unclear what caused the tandem riders to fall from the parachute and harnessed rig."  In its first article about the mishap, the newspaper cited speculation that winds gusts may have played a part in the accident.

A Coast Guard representative mentions that ten Coast Guard members from St. Thomas, Puerto Rico and the U.S. are conducting a maritime casualty investigation. The investigation checked the operators from the excursion company,Caribbean Watersports and Tours, for drug and alcohol shortly after the accident. 

Coast Guard investigations like this may take many months to complete.

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A number of readers of our blog have contacted us asking for information about a jet ski mishap where a cruise passenger apparently died in the Bahamas on November 24th.

The incident reportedly occurred after the cruise passenger rented a jet ski at the Atlantis resort in Nassau.  The passenger had sailed to Nassau aboard the Carnival Magic cruise ship.

There are no news accounts regarding the incident which we have been able to find.  

 One reader wrote to us saying: 

" . . . I think it would be good to have more openness so that people can make better informed decisions about activities when they go on vacation. I think it's atrocious that it is obviously being covered up. I also checked all avenues before I wrote you a note. It is real but I don't know how to get the information out."

The U.S. Department of State has the following warning about water sports rentals in the Bahamas:

"The water sports and scooter rental industries in The Bahamas are not carefully regulated.  Every year people are killed or injured due to improper, careless, or reckless operation of scooters, jet-skis, and personal watercraft or scuba/snorkeling equipment.  Visitors should rent equipment only from reputable operators, and should insist on sufficient training before using the equipment. There have been reports that some operators do not actually provide insurance coverage even when the renter opted (and paid) for insurance coverage.  Visitors should insist on seeing proof that operators have sufficient medical and liability insurance."

There are lots of articles on line about jet ski accidents in the Bahamas, including this article dating back to 2004. 

If you were on the Magic and have information about this incident, please leave a comment below.

November 30, 2011 Update:

A reader left a comment below and alerted us that there is a video from the Bahamas about the incident.  The victim was apparenty 47 years old and from Texas. 

Video credit:  Broadcasting Corporation of the Bahamas

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Multiple news sources are reporting that an U.S passenger died aboard Holland America Line's Veendam cruise ship that arrived in Rio de Janeiro yesterday.

HAL's Veendam is also the same cruise ship on which approximated 80 passengers fell ill, according to the state-run Brazilian news agency, Agencia Brasil.  The agency refers to the cruise passengers as suffering from "gastro-enteritis."  It is unknown whether there is a norovirus outbreak. 

Forensic doctors are investigating the death of the American passenger.  A CNN article reports that the cruise ship doctors told police that the woman was "elderly and suffered from diabetes and hypertension."  (So much for the confidentiality of a patient's medical information.) 

The Veendam left New York 36 days ago for a South America cruise. The Veendam had stopped earlier in the cruise at ports in Chile, Argentina and Uruguay before reaching Rio de Janeiro.

November 23, 2011 Update: 

HAL claims that the death and the illness of some 80 passengers are unrelated.  HAL issued a statement to Noticias de Cruceros that the passenger died due to a heart condition which had nothing to do with the  gastrointestinal ilnesses.  It's amazing how cruise line PR people suddenly become epidemiologists when someone dies on their cruise ship. 

But a local newspaper in Brazil, Clarin, has the following account (translated):

An American, 61, died of a suspected food poisoning on a luxury cruise ship which arrived in Rio de Janeiro, from Chile, Argentina and Uruguay, in which 86 other passengers had symptoms such as cramps and vomiting, reported Brazilian authorities, in what is thought to be an outbreak of gastroenteritis due to consumption of bad food and poor hygiene.

The Holland America liner MS Veendam, carrying 1259 passengers, arrived in Rio de Janeiro and was quarantined to be subjected to investigations by the Brazilian Federal Police and the National Health Surveillance Agency (ANVISA) .

Tourism Secretary de Janeiro, Ronald Azaro, said that 79 people have contracted some sort of infection on the trip. When the November 6 cruise departed from Valparaiso, Chile, ANVISA received a warning symptoms of some passengers.  He went to Argentina and Uruguay, having started the journey in New York, USA, with stops in Panama and Colombia, according to the Brazilian press.

The official said the Brazilian Federal Police took over the investigation into the death of the American, identified as Dorothy Philips, age 61, occurred on board as the ship was in the Maua Pier in the city of Rio. 

Sources told the Brazilian media crew that the crew issued a red alert three days ago to take care with hygiene and some food. For now, the pool and the library of the cruise were closed. 

According to the NASS report released last month, 27% of cruise ships passing through the Brazilian coast have health problems than those permitted by the rules in Brazil. Among the problems, according to an official report collection are inadequate food and lack of water conditions offered to passengers. 

ANVISA recalled thatpassengers on the same boat, in March this year, experienced gastroenteritis cruising to  Brazil. At least 43 passengers had symptoms in Belem, capital of Amazon state of Pará.

Photo credit:  Michael Penn / Juneau Empire 

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A news source in the U.S. Virgin Islands reports that two passengers from the Celebrity Eclipse cruise ship were involved in a serious parasailing accident on Tuesday in St. Thomas.

The incident occurred late Tuesday afternoon while the passengers were on an excursion.  One of the passengers died, and the other was seriously injured and remains hospitalized.

There are comments from an online cruise community suggesting that the deceased passengers was celebrating  her 60th birthday and her daughter was the one seriously injured.     

Celebrity Cruises advertises parasailing "400 feet over St. Thomas" on its website.  You can watch's Celebrity's brief  video about parasailing in St. Thomas here which describes the excursion as an "experience of a lifetime." 

A number of agencies are apparently involved in the investigation into this incident, including the Virgin Islands Police Department, Department of Planning and Natural Resources, Attorney General’s Office, and the U.S. Coast Guard. 

Last year we reported on the death of a Carnival cruise passenger parasailing in Cozumel during an excursion. 

 if you know how the accident occurred, please leave a comment below.

November 17, 2011 Update:

The Virgin Islands Daily News published an article this evening stating that "squalls and wind gusts Tuesday afternoon may have factored into the death of Bernice Kraftcheck, 60, and the serious injury of her daughter Danielle Haese, 34, who was hospitalized overnight at Schneider Hospital." 

The mother and daughter purchased a parasailing shore-excursion from Celebrity Cruises which was conducted by Caribbean Watersports and Tours.  The excursion company conducted the parasailing trip aboard the 31-foot powerboat Turtle.  The newspaper reports that two crew members operated the Turtle, which was carrying five passengers. 

"All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation," said Celebrity Cruises spokeswoman Cynthia Martinez.

Cruise lines face legal liability when they fail to vet the safety policies and procedures of the excursion companies which the cruise lines select to do business with. 

For example, a dozen passengers from Celebrity Cruises' Summit cruise ship were seriously injured when an open air excursion vehicle ran off the road in Dominica.  We represented passengers against the cruise line and the excursion company in that accident.  Information on the Dominica excursion accident is contained in an article "Injured Visitors to Dominica Airlifted to Miami."

December 3, 2011 Update:

Coast Guard Continues to Investigate St. Thomas Parasailing Accident

Photo credit:  Celebrity Cruises

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Yesterday, a jury convicted a Chinese passenger of murder after finding that he threw his wife off a cruise ship.   

The Standard newspaper in Hong Kong reports that Wang Weile, age 49, shook his head in disbelief when the seven member jury returned its guilty verdict.  The judge then sentenced him to life imprisonment.

As we reported in our article about this bizarre crime earlier this week - Sea Burial or Cruise Murder? - the cruise passenger claimed that he accidentally injured his wife while trying to keep her from committing suicide.  When she lost consciousness, he thought that she was dead. 

Wang claims that he suddenly remembered that she wanted a burial at sea.  He then pitched her overboard to honor her wishes.

The couple have a nine year old child.  

However when he took the stand at trial, he retracted the "sea burial" story.  He admitted being partially responsible for his wife's injuries, explaining that he struggled with her after she asked him to leave her alone and find another woman.

He also alleged his wife wanted to borrow 400,000 yuan (around $63,00) for her niece's business.

The incident occurred on the Macau Success, a casino cruise ship, while it was in Hong Kong waters.

As bizarre as Wang's defense sounds, the guilty verdict was not unanimous. 

One juror voted to acquit Wang.

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What do you do if you accidentally knock your wife unconscious when she tries to commit suicide on a cruise?  Do you throw her overboard after suddenly remembering that she wanted to be buried at sea?

Yes, pretty far fetched.  But that is exactly the defense offered in a criminal trial against a Chinese cruise passenger who is accused of murdering his wife and then pitching her overboard during a cruise aboard the Macau Success last year.  

The Standard newspaper in China explains that Wang Weilie, age 49, stands accused of murdering his wife Yang Wenjuan, age 43, during a cruise on September 24th last year.

A cruise passenger witnessed the couple on a deck when Wang pushed Yang's head backwards towards the railing.  He rushed to notify the cruise staff but returned to find the couple gone but blood covering the deck.

Cruise security guards observed bloodstains on Wang's fingertips.  He said the injuries to his fist, chest and knee were caused during a struggle to prevent his wife from killing herself.  However, when she lost consciousness, he threw her overboard.

A post-mortem examination found bruises, abrasions and a broken arm.  A pathologist concluded Yang "died of drowning after sustaining significant but otherwise non-fatal injuries."

According to an article published last year, the couple have a nine year old son.

The bizarre story reminds me of the violent death of cruise passenger Karen Roston whose husband threw her overboard on the last night of her honeymoon cruise from the Sundancer cruise ship operated by Admiral Cruises of Miami.  Scott Roston concocted a story that high winds blew her overboard as she ran on the jogging track on an upper deck.  But evidence introduced at his criminal trial indicated that the winds were just 4 - 5 mph. 

FBI agents found Ms. Roston's hair embedded in the rubberized jogging track along with a broken earring matching one she was wearing in a photograph taken at a shipboard dinner.  Her husband was observed with scratches on his face after her disappearance.  A medical examiner concluded from an autopsy that Ms. Roston had been strangled and then thrown overboard . . .

Photo credit:    shipphotos.com.au

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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 in 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

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Multiple news sources are reporting that two passengers died aboard a Norwegian Cruise Line ship which returned to port in Boston this morning.  The passengers died separately on the ship on Thursday.

One of the passengers, a 67-year-old woman, has been removed from the vessel.  State Police said that her death was not suspicious.

The second death, involving a 23-year-old man, is being investigated.  His cabin is being scrutinized by crime scene investigators because of his young age and the unknown cause of his death.

Massachusetts State Police and Suffolk County detectives are investigating the deaths.  

NCL has yet to commented on either death. 

The last time a young passenger died on a NCL was August of last year.  A 21 year old passenger died aboard the Epic after a severe allergic reaction to peanuts.   

Were you on the cruise or have information about these deaths?  Please leave a comment below.

October 28, 2011 Update:  The NCL cruise ship is the Norwegian Dawn.  The local District Attorney states that neither incident involved foul play.  

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The Seattle Times reports that the husband of a cruise passenger filed a wrongful death suit Holland America Line in Seattle after his wife was killed during a cruise sponsored snorkeling excursion.

The incident occurred when passenger Diana Mechling had just entered the water from the excursion boat off the coast of Belize to start snorkeling.  The operator put the vessel in reverse, and the propeller struck Ms. Mechling.  According to the newspaper, her husband, Michael Mechling, was present on the snorkeling vessel during the incident.  Ms. Mechling died in a local hospital.

The Belize-based operator of the snorkeling excursion, Cruise Solutions Belize Ltd., was also named in the lawsuit.

We reported on this tragedy last February shortly after the incident occurred.  You can read the account here. 

A local newspaper in Belize, 7 News Belize, reported in February that Port Authority Belize concluded its investigation into matter and found that the Captain of the boat Reef Rocket, Martine Manuel Pariente was negligent.  The Port Authority has decided to charge the cruise operator with negligently causing loss of life, and has suspended his captain's license.

The passenger's family can now expect the Belize excursion company to deny that it is subject to jurisdiction in the United States, as it has done in other cases where cruise passengers are injured during cruise excursions.

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Tonight I watched the news programs about the death of Steve Jobs, the college drop-out turned garage computer creator turned genius behind the Apple iPod, iPhone and iPad products and Pixar studio. 

Jobs had a almost Zen like approach to his iconic products and his life, as revealed during his 2005 commencement speech at Stanford University.

At this time, he had already co-founded Apple and been fired by age 30, re-emerged for the renaissance of Apple's best days, and batted pancreatic cancer.  

At age 56, he tells the young graduating students some sage advise.  Find what you love in your life and in your career, and "love what you do." 

"Your time is limited."

"Don't waste it by living someone else's life."

For those reading this blog, take a minute and reflect on where you are right now.  Do you love your life and your job?   Are you really living your life?  

Or are you wasting your limited time here on planet Earth by listening to the noise created by others?  

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Multiple sources are reporting that a U.S. passenger fell from an upper balcony to his death while cruising aboard the Celebrity Equinox in the Mediterranean Sea.

The incident occurred on September 26th while the Equinox was sailing toward the port of Kusadasi Turkey.

I first learned of the incident today while reading cruise expert Professor Ross Klein's blog, which contains an account from a cruise passenger that: " . . . a man of age 25ish jumped from the 11th floor and died.  Do you know any thing about this as it has been kept very much in the dark as we were on the side of the ship from where he jumped. Some say he had a disagreement with his girlfriend and some say he was sleep walking. 

The account states that the passenger " . . .  hit the life boat metal rigging gear, it took about 30 mins to get to him but was dead at the scene."

A newspaper in Turkey states that the passenger was allegedly sleepwalking when he went overboard around 3:00 AM.  The cruise ship then arrived in Kusadasi around 8:00 AM.  After an investigation by Turkish police, the cruise ship sailed on to Rhodes Greece as part of its regular itinerary.

Some real conflicting stories, it seems?

Another quick investigation by the Turkish police?  Were these the same police in Turkey which conducted the quick investigation into George Smith's disappearance during his honeymoon? 

Were you on the cruise?  Do you have information which may shed light on this case?  Please leave a comment below.

Photo credit:  Krafft Angerer/Getty Images (via New York Times blog)  

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A passenger from the Disney Wonder cruise ship kayaking in Juneau was found dead over the past weekend.  KINY Radio reports that the U.S. Coast Guard was notified Saturday morning and found 67-year-old cruise passenger Robert Newell unconscious in a kayak in the vicinity of Spuhn Island.

The Coast Guard brought him ashore, and rescue personnel declared him dead at the scene.

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Earlier this week, we reported that the case against the Mexican man charged with killing Royal Caribbean crew member, Monika Markiewicz, was falling apart.  A key prosecution witness testified at a hearing that police pressured him into making a false statement implicating Nelson Pérez Torres as the murderer.

In our article Is Alleged Murderer of Royal Caribbean Musician Innocent? we pointed out that the Mexican police have now been accused of strong arm tactics against both the alleged killer and the star prosecution witness.

A newspaper in Mexico is reporting today that after Ms. Markiewicz's death, an official from Royal Caribbean traveled to Mexico and placed pressure on Mexico officials to quickly solve the crime.

SIPSE.com states that case gained special importance because it involved a crew member from the Allure of the Seas cruise ship, operated by Royal Caribbean.  The newspaper reports that Michael Ronan, vice president of Royal Caribbean, traveled to Cozumel and met with tourism authorities and the police to discuss the details of the case.

"The pressure increased when he made statements that cruises to the island could be suspended if the case was not resolved."  (translation)

This crime occurred at a time when some cruises lines were suspending cruises to Mexico due to the perception that it is unsafe to disembark in Mexican ports due to violent crime. 

Mexican police arrested Mr. Torres within a week of the death of Ms. Markiewicz.  Newspapers in Mexico published stories that Mr. Torres was railroaded into a confession.  His friends and family members even picketed at the pier with signs saying Mr. Torres is innocent. 

On the same day as the arrest, Royal Caribbean issued a press release stating that its "Global Security Department fully supported and assisted Mexican officials in their investigation of this isolated and uncharacteristic crime for Cozumel."

Cruise line President Adam Goldstein was quoted saying:  

"We thank the Mexican authorities for their commitment to quickly solving the murder of our crew member . . ."

"Quick" justice is often no justice at all. 

It will be unjust to both the Torres and Markiewicz families if the wrong man is convicted.  
 

Photo credit:

Top: SIPSE.com 

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The press in Mexico is raising questions about the criminal charges leveled against Nelson Pérez Torres, who is jailed and awaiting trial for the murder of Royal Caribbean crewmember, Monika Markiewicz.

Ms. Markiewizc was an accomplished musician employed as a violinist aboard Royal Caribbean's Allure of the Seas.  In February, she disembarked in Cozumel from the Allure and did not return to the cruise ship which left and sailed back to Miami.  Her body was located the following day. 

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.

Mexican police arrested 24 year old Nelson Perez Torres, who worked at a restaurant / bar near the port.  He reportedly confessed to striking Ms. Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.  You can read our articles about this case below: 

Royal Caribbean Crew Member Murdered in Mexico

Monika's Last Recital

A newspaper in Mexico is reporting today that the case against Torres is "riddled with contradictions and irregularities."  SIPSE.com  reports that the "star witness" for the prosecution has not only retracted his statement but alleges that he was theatened by the police to sign the declaration.  The Torres family has always contended that their son was beaten and "confessed" to the crime under duress.  We previously blogged about this: Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

The Mexican newspaper also states that videos taken at an intersection near the crime scene, and which should depict the identity of the murderer walking with Ms. Markiewicz, have not been produced.  The article also alludes that there will be defense witnesses who will testify to Mr. Torres being at a different location at the time of the murder. 

Photo credit:  estosdias.com.mx

Video credit: VOZTVCOZQROO (YouTube)

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NBC Los Angeles reports today that Royal Caribbean Cruises demonstrated "a gross indifference to the life and health" of passengers by continuing to cruise with a ship that "that allowed poison gas exposure to its passengers," according to Miami Dade County Judge Marc Schumacher.

The ruling today involved a leak of hydrogen sulfide that killed three Royal Caribbean crew members and injured 19 others in September 2005.

Over the 2005 Labor Day weekend, the Royal Caribbean Monarch of the Seas cruise ship had just returned to San Pedro, California after a cruise to Mexico.

More than three thousand, four hundred people were on board the cruise ship.  

Crewmembers were attempting to replace a leaking section of pipe connected to the ship's food waste system.  The pipe burst and hydrogen sulfide gas escaped into the engine room.  The poisonous gas killed three crewmembers.  Nineteen other crewmembers were rushed to the hospital. 

Passengers on the cruise ships complained at the beginning of the cruise that they smelled the noxious gas the first night of the cruise, raising the issue whether the cruise should have been canceled.

Staff Captain Bjørn Eidissen was injured when he responded to the crisis. 

He alleges that Royal Caribbean provided inadequate and delayed medical treatment and then terminated his employment. 

According to the news report, when county health investigators measured the levels of hydrogen sulfide gas in the engine room five hours after the incident the levels were at 100 parts per million -well above OSHA’s limit of 20 ppm. 

Photos taken during a Coast Guard investigation of the incident document the "extensive corrosion" they say they found in engine room pipes where the leak originated.  The Coast Guard report concludes: "early signs… of hazardous H2S gas …were missed."

Staff Captain Eidissen reportedly observed the holes in the engine room pipes.  Despite patches that were applied over the holes, he felt the ship was unsafe and warned his superiors.  "It was totally crazy," Eidiseen said in an interview from his home in Norway. "We should never have sailed . . . the cruise line knew about it and they ignored the danger."

Judge Schumacher's order states: "Royal Caribbean’s actions demonstrated a gross indifference to the life and health of not only the plaintiff but other passengers onboard the Monarch of the Seas when it continued to cruise with measures that allowed poison gas exposure to its passengers."

In addition to compensatory damages, the Court held that Eidissen could seek punitive damages for the cruise lines' egregious conduct.

A copy of the order can be viewed here.  The order indicates that there was a prior gas leak on the Monarch in March 2005, which the cruise line was aware of yet it failed to take reasonable steps to fix the problem and protect the crew and passengers.

The case is handled by our friend, Miami lawyer Jack Hickey.  He issued a press release last year, stating in part that when the cruise ship was drifting, at anchor, or at dock, the noxious gas was sucked back into the vessel and into the passenger areas including cabins, through the air conditioning intakes. This reportedly allowed the methane and hydrogen sulfide gas to leak into habitable areas on the ship including the areas in which Mr. Eidissen worked. The Monarch of the Seas received numerous passenger complaints about a foul smelling gas, in addition to several complaints from a stevedore company, dockside businesses, and the workers who eventually fixed the pipe while the ship was in dry dock.

Although the cruise line initially denied liability, it subsequently filed a stipulation that it is legally responsible for releasing the gas.

Royal Caribbean is being defended by Curtis Mase. 

We have found over the last 10 years, Royal Caribbean has consistently exhibited the worst corporate malfeasance of any of the Miami based cruise lines.  Last year, we reported on an incident when 6 crew members were taken to the hospital in Baltimore for suspected carbon monoxide poisoning caused by a welding operation in the engine room as the Celebrity / Royal Caribbean cruise ship was returning to port.  Read: Carbon Monoxide Poisoning Reported Aboard Celebrity's Mercury Cruise Ship

Photo credits:

Top:  Bjørn Eidissen (via facebook)

Bottom:  NBC Los Angeles

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The BDA Sun newspaper in Bermuda is reporting that a 52 year-old cruise passenger died during a diving excursion in Bermuda.

Donna Zapata cruised with her husband on Royal Caribbean’s Explorer of the Seas to Bermuda.  She went on what is described as a "helmet diving" excursion with Hartley's Bell Diving.  The newspaper explains that this involves "shallow water where divers wear airtight helmets to view the underwater world." 

After a dive, Ms. Zapata complained of shortness of breath.  She reportedly was given oxygen aboard the excursion vessel and the excursion staff called shore-side for emergency medical personnel to be ready ashore.  But its reportedly took "about 20 minutes to get everyone back on board and get to shore." 

Ms. Zapata lost consciousness and passed away at the King Edward VII Hospital.

The Bermuda Police Service has the following account:

"Police have commenced an investigation into the death of an American woman who was visiting the island as a cruise ship passenger. It appears that around 12 noon on Tuesday, June 7th 52 year old Donna Zapata was in the Mangrove Bay area ‘helmet diving’ with family members when she got into difficulty. EMTs performed CPR as the victim was rushed to King Edward VII Memorial Hospital via ambulance; however they were unable to revive her. She was subsequently pronounced dead at 1pm on Tuesday by an on call physician at the hospital. An autopsy will be performed on the deceased during the course of this week."

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The Virgin Islands Daily News reports today on the death of a young girl killed during a cruise stop in St. Thomas.  We represent the parents of the deceased girl, Liz Marie Peréz Chaparro, a victim of the saddest, most senseless and avoidable tragedies we have ever seen in 28 years of practicing law.  Here is the article today:  

"ST. THOMAS - The family of Liz Marie Peréz Chaparro, the 14-year-old girl killed by a stray bullet in a shooting at Coki Point beach last year, is suing Carnival Corporation for the wrongful death of their daughter and for not warning the family about the high level of crime on St. Thomas.

The civil lawsuit, filed in a federal court in Florida, seeks damages in excess of $75,000.

On the morning of July 12, 2010, gunfire broke out during a burial service at Coki Point cemetery, leaving St. Thomas resident Shaheel Joseph, 18, and Liz Marie dead.

The area was crowded with mourners and tourists, including Liz Marie and her family, who were traveling onboard the Carnival Victory. The family, from Puerto Rico, was celebrating their daughter's quinceañera, or 15th birthday, as well as the parents' 23rd wedding anniversary.

Liz Marie and her family were riding in a safari taxi leaving Coki Point beach and Coral World when the mid-morning gunfire broke out. Liz Marie was shot once in the side and was rushed to Schneider Hospital but died shortly after.

In April, a V.I. Superior Court jury convicted Steve Tyson, 22, of killing Joseph and Liz Marie. He is scheduled for sentencing June 21.

Liz Marie's father, Ceferino Peréz; mother, Aida Esther Chaparro; and 21-year-old brother, Amilkar Peréz Chaparro are plaintiffs in the civil lawsuit against Carnival.

The complaint says the defendant, Carnival Corporation, has a duty to warn passengers of any danger known to exist in any port of call.

According to court documents, on the family's first night of the cruise a Carnival employee encouraged the family to visit Coral World and Coki Point beach while on St. Thomas.

"Coki Beach is well known as a location for drug sales, thefts, and gang violence. There have been numerous reported violent crimes at Coki Beach. Carnival was well aware of these violent crimes," the family's complaint said.

The lawsuit characterizes the burial service as a gang funeral conducted for a gang member who had been shot to death by a rival gang member the previous week.

The service at Coki Point cemetery was for Joseph Ferrari, 23, who was shot in broad daylight in front of Tutu Park Mall on June 29, 2010.

The Perez family's lawsuit cites local news reports about the high number of homicides in the territory in 2009 and 2010. It also quotes testimony of V.I. Attorney General Vincent Frazer at a Senate hearing three months prior to the Coki Point shooting acknowledging that many of the territory's killings were the result of turf wars and revenge killings.

"Defendant knew or should have known that St. Thomas was experiencing a crime wave and that homicides in the Virgin Islands were at record highs," the complaint said.

Liz Marie's death was because of Carnival's negligent failure to investigate or screen its ports of call, the lawsuit said.

The suit also accuses Carnival of concealing, suppressing and mischaracterizing information about prior incidents where cruise ship passengers were victimized and of protecting Carnival's own business interests at the expense of passengers' rights."

- Contact reporter Aldeth Lewin at 774-7882 ext. 311 or email alewin@dailynews.vi.

Cruise lines have a legal duty to warn their passengers of dangers in the ports of call.  For our article about this terrible crime, read: More Caribbean Crime - Carnival Passenger Killed In St. Thomas. 

A copy of the lawsuit is available on line here (via courthousenews.com). 

For additional information, read:  "Heartache Wrenches Those Who Knew Slain Girl"

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The lawsuit we filed this week of behalf of our clients for the death of their daughter, Liz Marie Perez Chaparro, has been covered in the Miami New Times and USA Today this week.  The article, written by Tim Elfrink, for the Miami New Times is entitled "Couple Sues Carnival Cruise Lines After Teenage Daughter Killed in Virgin Islands Gang Shootout."

"Liz Marie Perez Chaparro was celebrating her quinceañera on a Carnival cruise with her parents last summer when an employee convinced the family to join an excursion in St. Thomas. What he didn't mention, Chaparro's family says, is that a heated gang war was raging in the area.

Chaparro died on a tour bus when a shootout exploded between the rival gangs at a funeral, peppering the young tourist with bullets. Her family filed suit against Carnival today, alleging they should have known the violence was likely.

Chaparro and her parents, Ceferino Perez and Aida Esther Chaparro, live in San Juan, Puerto Rico. They saved for ten months to pay for her quinceañera cruise last July, they told the Virgin Island Daily News.

On July 12, one of the first nights of the cruise, Perez was drinking on deck when a cruise employee sold him on a trip to Coki Beach, a popular sandy stretch in St. Thomas.

But Perez didn't know that the Virgin Islands at the time were riding an all-time high homicide streak, he says in his lawsuit. Already that calendar year, the islands -- with a population of 100,000 -- had seen 43 murders.

What's more, Perez says, the week before a gang member had been shot and killed at a mall near Coki Beach and his gang had planned a funeral at a cemetery near the beach on the day of the excursion.

"(Carnival) should have known there was a high risk of an attempted gang revenge killing at the funeral," Perez says in the suit.

Either way, soon after Perez and his family boarded the bus for Coki Beach it was trapped on a two-lane road blocked by the gang members.  When a shootout broke out, their bus was caught in the crossfire.

Fourteen-year-old Liz Marie Chaparro died on the scene.

A Carnival spokesperson didn't immediately return a phone call and an email about the lawsuit this morning; we'll update the post when we hear back."

A copy of the lawsuit is available on line here (via courthousenews.com). 

Cruise lines have a legal duty to warn their passengers of dangers in the ports of call.  For our article about this terrible crime, read: More Caribbean Crime - Carnival Passenger Killed In St. Thomas.

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In January last year, we reported on the death of Camilla Peixoto Bandeira, age 28, aboard the MSC Musica cruise ship.  Her boyfriend, Bruno Souza Bicalho, allegedly found Ms. Bandeira deceased in their cabin, claiming that she committed suicide by hanging herself with a sheet from an overhead pipe.

Today, a newspaper in Brazil reports that the police concluded that Ms. Bandeira was murdered by her boyfriend, with the cause of death being strangulation with the hands.  The conclusions were based on medical and forensic analysis and investigations conducted by the Brazilian police officers aboard the ship.

Camilla's cause has been championed by her brother, José Godolphim Bandeira Netto, who publishes a blog about the family's ordeal. 

This case is now heading toward a prosecution of Mr. Bicalho for the murder of Ms. Bandeira.

We applaud Jose and Ms. Bandeira's family for their efforts in finding justice for Camilla.

Photo credit:  atribuna.com.br

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Multiple news stations are reporting today that a passenger from the Carnival Sensation cruise ship was fatally injured while in a serious accident involving a jet ski rented during a port call in Nassau. 

A second passenger sustained injuries and is recovering at a hospital in Nassau. 

Carnival states that the cruise passengers rented the jet ski directly from a local vendor.  The U.S. Department of State has the following warning about water sports rentals in the Bahamas:

"The water sports and scooter rental industries in The Bahamas are not carefully regulated.  Every year people are killed or injured due to improper, careless, or reckless operation of scooters, jet-skis, and personal watercraft or scuba/snorkeling equipment.  Visitors should rent equipment only from reputable operators, and should insist on sufficient training before using the equipment. There have been reports that some operators do not actually provide insurance coverage even when the renter opted (and paid) for insurance coverage.  Visitors should insist on seeing proof that operators have sufficient medical and liability insurance."

Carnival flew a "care team" from Miami to provide assistance to the passengers' families.  Carnival issued a statement: "All of us are deeply saddened by this event and extend our heartfelt condolences to the families and loved ones of those involved."

May 10th Update:

Accident like this are not isolated incidents.  BahamasB2B.com has the following story entitled "Another Bahamas Tourist Dies on a Jet Ski:"

"The continued failure of the Bahamas government to enforce jet-ski regulations might possibly be viewed as criminal negligence.

A female tourist from the United States died in a horrific jet-ski accident in Nassau Harbour around 5:00pm on Saturday.

The 27-year-old woman from Florida, and a male companion also in his late 20s, had rented a jetski after arriving in Nassau on a Carnival Cruise ship.

The pair was riding the jet-ski in Nassau Harbour when they crashed into a boat near the entrance of the harbour, off the Montagu Foreshore.

Despite efforts by paramedics, the woman died almost immediately upon arriving at the hospital.

Her male companion is in serious condition after suffering head injuries.

Police investigations are underway as police try to figure out who was actually driving the jet-ski, where they acquired the vehicle and the circumstances leading up to the deadly accident.

Concerns over the dangers of jet-skis and other watersports have been ignored for years by the Bahamas Government, depsite numeorus deaths and serious injuries.

There is a poorly enforced law that requires jet-ski operators to provide a 15-minute training session to anyone interested in renting a jet-ski. However, that is rarely done and never enforced.

The names of the victims have not yet been released."

You can read about other jet ski accidents in the Bahamas here. 

"Jet Ski Operators Defend Industry After Death" explains some of the problems with renting jet skis in the Bahamas.

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The cruise community has been closely following the sad story of 73 year old grandmother, Janet Richardson, who was dropped into the frigid Artic Sea two weeks ago during a botched transfer between the Ocean Countess cruise ship and an awaiting rescue vessel. 

She died this past weekend.

We have posted stories on this sad incident and photographs of the debacle.

Yesterday Cruise Critic U.K. posted an artice on its blog asking the question "Would You Sue" if this happened to your wife or grandmother? 

The article was directly primarily to its U.K. readers and assumes that a bereaved husband who lost his wife under these circumstances would be legally entitled to significant compensation. 

But in the U.S., sadly this is not the case.

If a retired passenger like Ms. Richardson was on an U.S. based cruise line like Carnival or Royal Caribbean which negligently dropped her overboard to her death, the case would be governed by a U.S. law called the Death on the High Seas Act ("DOHSA").  DOHSA does not provide any basis for the recovery by the grieving family members for their grief and bereavement.  It also does not provide any compensation for the pre-death pain and suffering of the deceased passenger either.  This is because the only compensation permitted under DOHSA involves "pecuniary" damages (meaning financial losses). 

Pecuniary damages include primarily lost wages.  But in cases of retired passengers (or children for that matter) they are not working so there are no such damages.

The only "pecuniary" damages when a retired passenger is rescued and died would be medical expenses (assuming the passenger is rescued and makes it to the hospital).  If the hospital expenses are covered by insurance and/or by Medicare, there are liens which apply which will be asserted by the insurance companies and the federal government.  The only other potential damages are burial and funeral expenses.  However, if the retired passenger is not rescued or the body is not recovered, hence no obligation for funeral or burial expenses, there are no recoverable damages at all.

So before a passenger's surviving family decides to file a lawsuit, the question not only is there is a reasonable basis to win the lawsuit, but what are the damages if the lawsuit is successful?

In the U.S., the only damages may well be the cost of burying your loved one.  The expenses of hiring experts to prove liability for the passenger's accident and to prove that the death was caused by the fall and shock of exposure to freezing water (as opposed to a pre-existing medical condition) may exceed the funeral expenses the surviving family incurs. 

The cruise line defense lawyers understand this completely.  In a worst case scenario, if Carnival drops your grandmother into the water and kills her, the most the cruise line will pay your family is the cost of putting her in a casket and then burying her in the ground.

Most passengers don't understand this.   The cruise line won't explain this before you take your grandparents on a cruise.  Take a moment and consider:  If You Are Retired Or A Child, The Cruise Line Considers Your Life Worthless   

DOHSA is an archaic law which was enacted in 1920.  The cruise lines love it, but it is fundamentally unfair to the families of loved ones who die at sea.  It provides no financial incentive for the cruise lines to improve their procedures to make cruising reasonably safe for the travelling public. 

For additional information, please read our cases discussing DOHSA.

Photo credit: Patrick Hill via U.K.'s Mail Online

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Sad news.  Cruise passenger Janet Richardson, who was dropped from off of a stretcher while rescue staff tried to transfer her from the Ocean Countess cruise ship to a rescue vessel, died in the hospital in the U.K.

Ms. Richardson suffered from some medical problems and apparently was experiencing internal bleeding when a decision was made to take her to hospital by a rescue vessel.  We have reported on the disastrous circumstances which thereafter followed in prior articles.

The news sources we have read indicate that she remained in the freezing waters from 4 to 8 minutes.  An autopsy may indicate whether her death was due to her illness or the shock of the fall and exposure to freezing water.

According to the U.K. press, Ms. Richardson's husband, George, said: “Janet died peacefully on Thursday night in the Cumberland infirmary with her family and friends around her."

The cruise ship was operated by Cruise and Maritime voyages.  A spokesperson for the cruise operator told the U.K. press: “Our thoughts and prayers are with the richardson ­family at this sad time.”

We first learned of Ms. Richardson's passing when her niece left a message on our YouTube site which has a video regarding the incident:

"This is my auntie .  .  .  such a lovely kind and very caring person who will be greatly missed, we all love you so much  . . ." 

Photo credit:  Patrick Hill via BBC News 

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A reader of our blog, Evelyn, left us a link to a  short video of Monika Markiewicz playing the violin aboard the Allure of the Seas cruise ship shortly before her death in Cozumel.  The reader left the short message: "I shot a short video on her playing . . . she was so sweet."'

The death of a young person like Monika leaves a void in the universe that can never be filled. 

We hope that the family and friends of Ms. Markiewicz consider the happiness that she brought to hundreds of her crew member friends and thousands of passengers who enjoyed her play beautiful and joyful music.      

May she rest in peace.   

Video credit:   luktungkuen YouTube

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Nelson Perez Torres, age 24, reportedly confessed to striking Royal Caribbean crew member Monika Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.

As we reported in a prior article, Ms. Monika Markiewicz, a 32-year-old Polish musician who worked aboard Royal Caribbean's Allure of the Seas cruise ship was found last Saturday in the waters off the southern part of Cozumel.  Her employer, Royal Caribbean Cruises, indicated that she was a victim of foul play.  

This morning, Royal Caribbean took the unusual step of issuing a statement via PR Newswire, claiming that the killer and Ms. Markiewicz were "casually acquainted for several months."  The cruise line also made a point of characterizing the crime as "isolated and uncharacteristic" for Cozumel."  Royal Caribbean also congratulated its security department for assisting in the investigation which led to the arrest of the alleged killer.

Meanwhile, a newspaper in Mexico Por Esto is reporting that the parents of Mr. Torres are complaining that their son had been falsely accused of the crime and allegedly intimidated into a confession.  They claim that he had never been in trouble before and he had worked at a bar near the cruise pier for the past eight years.  They claim that because they are a humble family of little means, their son was railroaded into a confession.  Friends and family members picketed at the pier with signs saying Mr. Torres is innocent.   

There are several Mexican newspapers indicating that Mr. Torres gave different statements to the police, initially stating that he did not know Ms. Markiewicz and had never seen her, or that they had walked together to a location and he left after she resisted his advances, or that she had slipped and then he hit her with a rock to end her suffering.   

Photo credits:    Por Esto newspaper

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The AP is reporting that a second person has died after arriving in Cozumel on Royal Caribbean's Allure of the Seas cruise ship last Friday, February 4, 2011.  We previously reported on the death of Royal Caribbean crew member, Monika Markiewicz, whose body was recovered Saturday from the sea off of Cozumel and is believed to be the victim of foul play.

The AP reports that a 24-year-old American tourist died Monday in a Cancun hospital from internal bleeding "after ingesting a safety pin that punctured her organs."

The state prosecutor in Quintana Roo, where both Cancun and Cozumel are located, apparently released two different names for the woman neither of which were released by the AP.  The prosecutor also released information regarding the dead woman's medical history and autopsy findings.  A patient apparently has no medical privacy rights in Mexico.

The passenger's death is apparently completely unrelated to the death of crew member Ms. Markiewicz.

We have reported on six deaths of Royal Caribbean passengers and crew members in the last 10 days.

February 9, 2011 Update:  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas (this article confuses the name of the cruise passenger and crew member).  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Paige as well as a photograph of Ms. Markiewicz  face down in the water when she was found.

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Thirteen years ago I represented a young woman from St. Augustine, Florida.  She was employed as a cook on a private yacht owned by a multi-millionaire tycoon.  She went ashore to Cabo San Lucas with a group of fellow crew members.  They ended up leaving her in a nightclub and returned to the yacht.  When she tried to walk back to the marina late that evening, four Mexican men abducted her in their car.  They  drove her outside of the city to a remote area.  They then raped her and burnt her naked body with cigarettes.  When the men passed out after drinking tequila and smoking weed, she ran to a highway, flagged down a car, and escaped from her hell in the Mexican desert. 

Her maritime employer, asshole as he was, not only refused to provide her with medical treatment but fired her from her job.  He blamed her for staying out late and drinking at the club.  The kindest thing I can say about the local police in Mexico is that they were indifferent to the young woman's plight.  

When I traveled to Cabo San Lucas, I found the surroundings hostile.  The area surrounding the marina and cruise port seemed menacing.  I have lived outside of the U.S., including in North Africa, but Mexico seemed utterly lawless to me.  The police authorities seemed no different than the banditos.    

My client's situation ended up in litigation based on the yacht owner's failure to warn her of the dangers ashore in Mexico and his refusal to provide her with medical treatment after she was victimized.  After a long protracted battle, she obtained a settlement and tried to move on with her life. 

Her ordeal has always haunted me. 

Ever since then, I have been hyper-sensitive to the vulnerability of women employed on ships sailing around the world. I am apprehensive of the dangers which  await young women as they unsuspectingly walk down the gangplanks into the tropical ports of call which seem so appealing but - in truth - are so, so dangerous.

The recent story about the Royal Caribbean crew member, Monika Markiewicz, from the Allure of the Seas, who disembarked her cruise ship in Cozumel and never returned, brings me back to my client's tortuous ordeal over a decade ago.

There is no indication that Ms. Markiewicz was sexually assaulted, but her employer has publicly stated that she was a "victim of a violent crime while ashore in a remote area in Cozumel."  Did the cruise line warn her and other crew members of dangers ashore in Mexico?   What did the cruise line do once they realized that she did not return to the cruise ship last Friday afternoon?  Did they abandon her as my client was abandoned 13 years ago?  Did they notify the young woman's family in Poland when the cruise ship set sail and left her in Mexico?  Did they contact the Polish Embassy or Consulate?  While heading back to Miami, did the cruise line call the emergency contact telephone numbers which all crew members provide when they join Royal Caribbean?

Is Royal Caribbean going to do anything now?  Its PR spokesperson stated yesterday that the cruise line has no intention of suspending its trips to Cozumel.  Full steam ahead, they say.  When the disastrous earthquake struck Haiti and killed 100,000 people a year ago, Royal Caribbean said that sailing back into the Haitian destination of Labadee was a "no brainer."  So the loss of one of its crew members due to a violent crime in Cozumel is not going to slow it down one bit.  

Royal Caribbean is directing all inquiries regarding the crime to the Mexican police authorities.  But the police have a reputation for incompetence at best and corruption at worst.  I have never heard of anyone in Mexico being tried or convicted of a crime against a tourist or a ship employee on shore leave.  There are several web sites discussing the reluctance of Mexican police to get involved in investigations in cases like this, such as Mexican Vacation Awareness.  And some of the local police in Mexico have even been accused of participating in crimes against tourists.

Many naysayers reading this blog will say "it could happen anywhere."  Others will say "what is a cruise line to do?"  Well we know what Royal Caribbean is doing - sailing to Mexico as if nothing happened.  And pretending the Mexican police will solve a crime against a young woman from Poland victimized in a remote location in a dangerous country. 

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Numerous news sources are reporting that the body of crew member from Royal Caribbean's Allure of the Seas was recovered from the ocean near Cozumel. 

Polish national Ms. Monika Markiewicz, age 32, was employed by Royal Caribbean as a musician.  She disembarked from the Allure on Friday and did not return to the cruise ship.  The cruise ship then left Cozumel and sailed back to Miami.   

Her body was recovered on Saturday.   

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.  According to the Canadian Press, Royal Caribbean spokesman Cynthia Martinez said the information the company had received indicated "she was the victim of a violent crime, and did not drown accidentally."  "Tragically, we recently became aware that the crew member was a victim of a violent crime while ashore in a remote area in Cozumel," the statement said.

Royal Caribbean has had many deaths in the last two months.  Last week, a crew member was killed and the safety officer injured during a fire drill aboard the Allure's sister ship Oasis of the Seas.  A passenger's husband filed suit over his wife's death on the Brilliance of the Seas.  Three weeks ago, a passenger fell to his death from the Liberty of the Seas.  Two months ago a young cook was found dead on the Oasis of the Seas.  

This most recent death comes at a time when some cruise ships have pulled out of some of the ports in Mexico, citing concerns with crime.

Are you a crew member aboard the Allure?  If you have information about this incident, please leave a comment below. 

February 8, 2011 Update:  Mexico, Cruise Ships & Crime Against Women

February 9, 2011 Update:  There are a number of articles which are confusing the names of the Royal Caribbean crew member, Ms. Markiewitz, with a cruise line passenger who also died in Mexico after leaving the cruise ship last Friday.  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas.  This newspaper also indicates that Monika Markiewicz was also known as "Monica Warshal." 

February 10, 2011 Update:  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Thomas as well as a photograph of Ms. Markiewicz  face down in the water when she was found.  The prosecutor is quoted as saying that they were also reviewing the cruise ship's surveillance camera imges to see who the crew member was seen leaving the ship with or whether she may have gone overboard. 

A Mexican man was arrested today in Ms. Markiewitcz's death. Nelson Perez Torres, 24, who worked in a restuarant in Cozumel, reportedly confessed to hitting Monika Markiewicz in the head with a rock and then throwing her into the ocean.

Read our updated article:  Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

Resources:

Mexican Vacation Awareness

Photo credits:  

Top - Runekrem Flickr page

Bottom - AP Photo/Angel Castellanos

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7 New Belize reports that a cruise passenger died yesterday while snorkeling in Belize's waters.  American tourist, Diana Mechling, age 59, was reportedly snorkeling at Goff's Caye in Belize when she was struck by the propeller of a catamaran.

The newspaper in Belize indicates that Ms. Mechling was treated at Belize Medical Associates where she died.  According to a representative of Holland America's agent in Belize, Cruise Solutions, the passenger was on a snorkel excursion tour when she was injured. 

Ms. Mechling was in Belize on Holland America Line's Ryndam cruise ship.  Cruise lines like HAL are legally responsible for investigating the excursion companies with which they do business and making certain that the tour companies have adequate safety rules and regulations for the protection of the cruise passengers.  

The newspaper states: "apart from being a terrible personal tragedy for Mrs. Mechling's family, It is a huge black eye for an already suffering cruise industry - and major fallout is expected."

There have been numerous unsettling stories about the cruise industry coming out of Belize recently.  7 News Belize reported  on a  21 year old cruise passenger who went overboard from Royal Caribbean's Liberty of the Seas cruise ship in Belize waters last month.  The story has received no coverage in the U.S., even though the cruise line is based here in Miami and the deceased passenger's family retained counsel in Miami. 

7 News Belize also published an incredible article providing insight into the dispute between cruise giant Carnival and the local tender boat operators in Belize.   

The country of Belize is also the location of a struggle between another cruise giant Royal Caribbean, which is looking to expand its operations, and the small village of Placencia which is fighting to keep the cruise line out.   

February 4, 2011 Update:

The local news stations in Belize, 7 News Belize and Channel Five Belize, are continuing to report on the investigation into this incident. 

February 8, 2011 Update:

Ms. Mechling's funeral in Westerville Ohio is on Friday, February 11, 2011. 

Her orbituary can be viewed here.

February 9, 2011 Update:

7 News Belize reports that the Port Authority Belize "has concluded its investigation into matter and found that the Captain of the boat Reef Rocket, Martine Manuel Pariente was negligent.

According to a release from the authority, around 1:30 pm last Wednesday, Mechling was in a group of tourists that was getting off the Reef Rocket when she got entangled in one of the boat's propellers and received a large cut wound to the lower pelvic and thigh area.

We note that this differs from the police account which last week said that she somehow ended up snorkeling under the vessel.

But based on its finding The Port Authority has decided to charge 55 year old Pariente with negligently causing loss of life, and has suspended his captain's license. The Reef Rocket has been prohibited from sailing pending further inquiries."

October 21, 2011 Update:  Mr. Mechling filed a wrongful death lawsuit against Holland America and Cruise Solutions Belize in Seattle, Washington.

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This weekend we reported on a lawsuit which had been filed against Royal Caribbean over the death of a 56 year old passenger, Barbara Davey (photo below left).  The deceased passenger's husband, John Davey, stated to the Scottish and U.K. media that "Barbara was tossed around like a ragdoll and was seriously hurt" during the violent storm which rocked the Brilliance of the Seas as the cruise ship approached Alexandria Egypt.  Three days later Ms. Davey lapsed into a coma and subsequently died.  Doctors apparently diagnosed a "brain ­hemorrhage" as the cause of death.

This morning USA Today's CruiseLog picked up on the story in an article "Passenger on Storm-Tossed Cruise Says Event Led to Wife's Death."

Royal Caribbean responded to the USA Today article with a rather remarkable spin:

"Royal Caribbean is disputing the notion that the stormy weather encountered by Brilliance of the Seas had a role in Davey's death, telling USA TODAY that her illness was the result of a pre-existing medical condition.  Royal Caribbean spokeswoman Michelle Nadeem says the ship's doctor was called to Davey's cabin on the second day the vessel was in Malta, three days after the ship hit rough seas, and the doctor quickly determined she had an acute medical emergency and called an ambulance.

'She was taken to the hospital where she remained in critical condition,' Nadeem says, adding that Davey never lost consciousness while on the ship. "The Royal Caribbean Cruises Ltd. Medical Department has determined that Mrs. Davey's acute medical emergency was caused by a preexisting medical condition unrelated to the listing of the ship.' "

I have seen some pretty nasty cruise line PR statements over the years, but this one takes the cake. 

Medical information divulged by a patient to a doctor is strictly confidential in most civilized countries.  In the U.S., patients have privacy rights under the Health Insurance Portability and Accountability Act ("HIPAA") which prohibits medical providers (including cruise doctors) from releasing any information about patients to anyone (including newspaper reporters to say the least!) unless there has been HIPAA-compliant medical releases executed.

But this is the anything-goes world of cruising where privacy rights be damned.  And this is Royal Caribbean which has the worst cruise reputation in the world.  Only the "Royal Caribbean Cruises Ltd. Medical Department" could justify disclosing to the world that Ms. Davey not only had a "pre-existing" medical condition but definitively state that the alleged "pre-existing" condition killed her.

The USA Today article quotes Royal Caribbean spokesperson Michelle Nadeem (photo above right) as the source of the leaked medical information.  The cruise line's PR release when it hired Ms. Nadeem indicates that she is experienced in crisis management, reputation management, social responsibility, and healthcare issues.  She reports directly to the cruise line's CEO,  Richard Fain.   

Now that the death of Ms. Davey has reached the national media, Royal Caribbean wants to set the record straight  -  it's Ms. Davey's fault that she is dead, not the violent rocking of the Royal Caribbean cruise ship which threw her around her cabin like a rag doll.   And the cruise line was prepared to reveal the confidential medical history of a dead woman to prove its point. 

January 31, 2011 Update:  Ms. Nadeem again released Ms. Davey's medical history and information from her medical records to the popular on line cruise community, Cruise Critic.    

For additional information about Royal Caribbean's unique style of manging its reputation, consider reading: The Cruise Industry's Reputation - A Sinking Image

Photo credits:

Top      The Courier UK

Bottom        Royal Caribbean Cruises Ltd.

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Cruise Law News has been contacted by two passengers this weekend, inquiring about a serious accident which occurred on the Oasis of the Seas.  The passengers are describing the incident as occurring during a crew fire drill while the cruise ship was at the port in Cozumel last Thursday, January 27th.  A crew member was badly injured and taken from the cruise ship by a medical team.

The captain of the Oasis made a number of announcements indicating that the crew member was in critical condition and underwent surgery.

 If you were you on the cruise and have pertinent information, please feel free to leave a message below.

January 29, 2011:  We received information that the accident occurred "during the mandatory drill an oxygen tank cracked and hit a crew member on the head.  Safety officer broke his leg."    

January 30, 2011 Update: a passenger comments below that a defective oxygen tank used during the fire drills 'took off like a rocket' and hit the crew member in the head and he was taken to Miami for emergency medical treatment.  

January 31, 2011 Update:  a cruise insider informs us that the Royal Caribbean crew member died on January 29, 2011.

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The Scottish and British press are reporting on a lawsuit filed (or to be filed) against Royal Caribbean following the death passenger who was thrown about her cabin during the December 14, 2010 storm and lapsed into a coma.  Barbara Davey, age 56, was cruising on Royal Caribbean's Brilliance of the Seas when the cruise ship failed to make port in Alexandria before a storm hit the ship.

One article: "Passenger Dies after Cruise Ship Sails into 80mph Storm" mentions that the passenger died from what is described as a "brain ­hemorrhage" after the cruise ship was hit by a ­"horrific 80 mph storm."

In another article, the passenger's husband, John Davey, describes the ordeal as follows: "Barbara was tossed around like a ragdoll and was seriously hurt. When the storm calmed, the ship's interior was smashed to pieces . . .  Three days later, she lapsed into unconsciousness before my eyes, fell into a coma, and never woke up."  Her husband recently made the difficult decision to remove his wife from life support.

We have written a number of article about the poor seamanship and the cruise line's effort to down play the incident:

Ferocious Storm Batters Royal Caribbean's Brilliance of the Seas

Royal Caribbean Calls on "Captain Hollywood" to the Rescue Following the Latest Brilliance of the Seas Debacle

Will Royal Caribbean Release CCTV Video of the Brilliance of the Seas During the Storm?

January 31, 2011 Update:  Royal Caribbean plays hardball:  Royal Caribbean Releases Private Medical Information About Dead Passenger

Photo credit:  anspics Flickr page

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A 29 year old crew member died during a botched life boat training exercise in New Zealand today. 

According to newspapers in New Zealand, the accident occurred when crew members from Holland America Line's Volendam cruise ship were practicing life boats drills.  One of the wires attaching the lifeboat to the cruise ship snapped, throwing the two HAL crew members into the water in Lyttelton Harbor.  One of the crew members was rescued, but the other man who was wearing heavy clothing and boots went under water and did not reappear.  The crew members were reportedly not wearing a life jacket.

HAL has not released the name of the deceased crew member. 

January 9, 2011 Update:

We received a comment (below) from the Medical Officer on the HAL cruise ship, expressing his/her condolences.  We appreciate hearing from cruise line like this.  It shows compassion.  This is the first time in 500 blog articles that a cruise line has posted a comment on our blog following a crew member death or injury. 

A newspaper in New Zealand has a follow up article on the crew member death - "Liner Crew Traumatized by Shipmate's Drowning" - indicating that the cruise ship's 600 crew members were "obviously traumatised by the whole thing . . .  they all know each other pretty well, so they are quite upset."

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A newspaper in Connecticut is reporting that a 59 year old passenger fell while disembarking a Princess cruise ship in a Caribbean port and injured his neck.  After being flown by air ambulance to Miami, the passengers died due to complications during surgery.

The incident occurred on December 14, 2010, when Timothy Scheibel sailed with his wife to the island of Bonaire on a cruise ship operated by Princess Cruises of Santa Clarita, California.  Although the name of the cruise ship is not revealed, it appears that the Scheibels were sailing aboard the Emerald Princess.

This is the third death this week involving passengers falling on or from cruise ships, one yesterday involving the MSC Orchestra and one last weekend involving the Sea Princess.

The Scheibels resided in a retirement / golf community in central Florida called "The Villages," having relocated from Connecticut to Florida in 2004.  Mr. Scheibel worked as a financial adviser. The cruise was to celebrate Mr. Scheibels' 60th birthday.

December 23, 2010 Update:

We received a comment (below) from Princess Cruises indicating that the passenger fell "ashore in Bonaire," not while disembarking the cruise ship.  The story we linked to above reports that the accident occurred "while stepping off a cruise ship . . . while the ship was docked at the island of Bonaire . . . "   We apologize for the erroneous information if the accident occurred ashore as Princess clarifies. 

Photo credit:  Cruise Critic (cherylandtk)

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The month of November ends with the mystery of a dead Carnival passenger, another dead Royal Caribbean crew member, a drunk HAL passenger, and the usual weird cruise news. 

Murder Cover Up on the Carnival Liberty?  According to Carnival's PR spokesperson Vance Gulliksen, the death of a passenger on the Carnival Liberty had nothing to so with a crime or violence, it was just "medical related."  But passengers who were aboard the cruise ship commented on our blog articles Passenger Death On Carnival Liberty Cruise Ship and Death on a Fun Ship: What Really Happened on the Carnival Liberty? that the 36 years old female passenger met a violent if not gruesome death.  We posted a video (left) from one of the passengers showing the FBI leaving the cruise ship with what appears to be bags of evidence.  Is Carnival trying to hide the truth?  It would not be the first time.  We have made a Freedom of Information (FOIA) request and will stay on top of the story.   

Why Did a 33 Year Old RCCL Cook from Jamaica Die on the Oasis of the Seas?  Following the death of a young Jamaican cook on the mega ship Oasis of the Seas, Royal Caribbean took a different PR approach than Carnival and simply said that it is standard protocol to call the FBI following a crew member death.  Actually, there is no protocol to notify the FBI every time a crew employee or passenger dies during a cruise.  The FBI suggests that they be notified when there are suspicious circumstances surrounding a shipboard death.  Cruise lines like Royal Caribbean and Carnival do a notoriously terrible job handling crime cases and are about the least transparent corporations in revealing information when things go wrong at seas.      

How Could A Single Drunk Passenger Almost "Destroy, Disable, or Wreck" a HAL Cruise Ship?  An intoxicated passenger dropped an anchor early one morning while cruising on the Holland America Line Ryndam cruise ship.  The FBI arrested the drunk passenger with great fanfare.  The media followed up with the usual throw-the-stupid-drunk overboard stories.  But if there really is a criminal case to be made against the passenger for attempting to “damage, destroy, disable, or wreck a vessel” (a felony pursuant to the United States Code), then what does that say about this cruise line's security protocols?  If a stupid, drunk can single handedly wreck a cruise ship, what do you think a group of smart determined terrorists can do? 

Lesson learned?  There is way too much alcohol and far too few experienced security personnel on these foreign flagged cruise ships.    

Aqua Concert in Cozumel:  On the bright side, country artist Taylor Swift will be singing her hits to a captive audience aboard Royal Caribbean's newest monster cruise ship, Allure of the Seas.  On January 21, 2011, as the cruise ship docks in Cozumel, Mexico, Ms. Swift will perform in the cruise ship’s AquaTheater, providing an open-air / ocean view concert.  Let's hope that a brandy-sipping Kanye West (above right) doesn't show up on stage and take her microphone away, babbling that Beyoncé should be singing instead.  OK.  I'll admit it.  I prefer Beyoncé rather than the skinny country chick.  But that's not the point. 

Ogress Fiona and the Nation of Why Not?  Royal Caribbean announced that the Godmother of its monstrous Allure of the Seas cruise ship is no other than Shrek's Princess Fiona.  I'm not sure of the thought process behind naming a cruise ship after a cursed by-day princess who becomes an ogress at sunset.  But anything goes at the Nation of Why Not.  Sounds like the results of a deal with DreamWorks CEO Jeffrey Katzenberg to market his movie creatures, and RCCL is pleased to cram the movie marketing down their passengers' throats.  Ogress Fiona, President Goldstein,CEO Fain and the Allure's Captain certainly make for a handsome PR photo.  Yikes. 

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A Royal Caribbean crew member was found dead in his cabin on the mega-ship Oasis of the Seas on November 26th.  A local television station in Miami, CBS-4, identifies the crew member as a cook.

 According to a statement from the cruise line, the crew member is a 33-year old Jamaican man. 

"As is our standard procedure, both the FBI and local law enforcement were notified and responding to the ship on Saturday when it arrived at Port Everglades."

This is the second death of a crew member aboard the Oasis of the Seas this year.   In May, 45 year old Dillon Roache, of St. Vincent, jumped overboard in an apparent suicide. 

Royal Caribbean has experienced a high number of crew members deaths this year. In May we reported on Royal Caribbean crew member Satianand (Satyanand) Buddaru who disappeared from the Explorer of the Seas -  Crew Member Overboard from Royal Caribbean's Explorer of the Seas.  In March a crew member employed by Park West Gallery jumped overboard from the Radiance of the Seas.  Our stories about the incident are available here: "Man Overboard" Reported on Radiance of the Seas and here Master of Radiance of the Seas Praised for Rapid Response to Crew Overboard.   On New Year's Eve Royal Caribbean crew member Neha Chhikara jumped from the Monarch of the Seas

It is currently unknown whether this incident involved a death by natural causes (highly unusual with a 33 year old man), a suicide or foul play.

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

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Inconsistent information is emerging regarding the death of a passenger aboard the Liberty cruise ship operated by Carnival cruise line.

On  November 20th we wrote about the Passenger Death On Carnival Liberty Cruise Ship based on information from a local news station in Miami - WSVN -7.  After posting our article, we received a number of comments from passengers on the cruise indicating that the FBI treated the cabin as a crime scene.  Some passengers conveyed disturbing information, suggesting that the passenger may have been beaten and murdered.

No one other than the Miami Herald initially covered the story.  Unfortunately, the Miami Herald, a friend of the cruise industry, is known for looking the other way when things go wrong on Miami-based cruise ships. Its skimpy article regarding the death involves little more than a quote from Carnival's PR department:  Carnival spokesman Vance Gulliksen said in a statement that "evidence suggests [the death] was medical related. In respect to the privacy of our guests, we are not able to release specifics on the nature of the medical condition.''

Some of the passengers are critical of the lack of basic information released by Carnival.  Its official statement that the death was "medical related" (aren't all deaths medically related?) raises more questions than provides answers. There are plenty of ways a cruise line can release information about shipboard incidents without violating an individual's privacy rights. 

The issue of the cruise industry's lack of transparency has been a topic of Congressional inquiry over the last five years, and cases like this one make it look like the cruise line has something to hide.  One of the readers of our blog, "Tomm," left the following comment:

".  .  .  do Carnival spokespeople think that we are ignorant? The FBI does not show up to medical crime scenes and stay there ALL day and then take bags of evidence with them as they leave. I have video of it that I will download Tuesday for others to see. I know things will happen when thousands of people are gathered but let's get some regulations passed so Marshalls are on board and people can have access to information.

Was this a violent crime, or a death due to a medical condition as Carnival wants everyone to believe?  Home of the "fun ships," Canival does not like publicity like this and wants everyone to forget about it.

Let's hope that other passengers and crew member on the cruise can provide additional information regarding this incident. 

If you have information, please leave a comment below.

November 24 Update:

A reader of Cruise Law News, Tomm, posted his video of what looks like eight FBI agents leaving the cruise ship in St. Thomas, taking with them bags of evidence.  The video is below. 

Photo credit:  Fodors

Video credit:  PTOMM100  Youtube

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WSVN -7 NEWS (Miami) is reporting that a cruise ship returned to South Florida after a tragedy at sea.

A 36 year old passenger aboard the Carnival Liberty cruise ship sailing to St. Thomas was discovered by another passenger unconscious in her cabin. WSVN reports that the passenger received medical attention on the cruise ship, but she was pronounced dead two hours later.

The FBI is investigating the passenger's death and is awaiting the autopsy report. "It could be a possible homicide. It could be some other factor in the death of this individual, but we're still investigating this case at this time," said Harry Rodriguez of the FBI in San Juan.

There have been a number of passenger deaths on Carnival cruise ships in the last year.  We previously reported on the death of a Carnival passenger last July aboard Carnival's Elation cruise ship.  Robert John McGill was charged with the first-degree murder and kidnapping of his wife, Shirley, who was beaten and strangled in their cabin.  Our article is entitled " Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case."  In February, a 32 year old female passenger, Kipi Holcomb, was found dead in her cabin aboard Carnival's Ecstasy.  The FBI indicated that there was no evidence of foul play and a toxicology report revealed that the pasenger's blood-alcohol level was .27 and she had cocaine in her system.

Were you a passenger on this cruise?  Do you have information to share?  Please leave a comment below.

November 22 Update:

Passengers are leaving some gruesome comments (below) suggesting that the death involved a homicide.  However, the Miami Herald states today: 

Carnival spokesman Vance Gulliksen said in a statement that "evidence suggests [the death] was medical related. In respect to the privacy of our guests, we are not able to release specifics on the nature of the medical condition."

November 23 Update:

For additional info, please go to: Death on a Fun Ship: What Really Happened on the Carnival Liberty?

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Our firm is investigating the tragic death of a young girl who was shot and killed while ashore in St. Thomas during a cruise.  This child was one of hundred of thousands of passengers who sail into this beautiful island each year without realizing that St. Thomas has one of the highest homicide rates in the world.  It's murder rate this year at the time of the young girl's death was 42 in a population of only 100,000.

Unfortunately, most cruise lines did not warn their passengers of the substantial dangers which exist on this island upon disembarking from the cruise ship.   

Here is our blog on this terrible situation:

More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Have you been on a cruise and been a victim of a crime ashore in St. Thomas?

Are you a tourist robbed or attacked while visiting St. Thomas?

Do you know someone who was the victim of a violent crime in St. Thomas?

Please contact me - 305 995-5300 or send me an email - jwalker@cruiselaw.com

We need your help . . .  thanks!  Jim Walker 

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A 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

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The Miami Herald and CBS-4 are reporting that the NCL Epic cruise ship returned to port in Miami late last night shortly after leaving on a Caribbean cruise due to a medical emergency involving a passenger. 

The Miami Herald's article "Emergency Forces Cruise Ship's Return to Miami - Passenger May Have Died" stops short of stating that the passenger died.  But numerous on line sources are indicating that the emergency involved a passenger death. 

The newspaper's story is based on comments posted on what is described as a "popular cruising website" (probably  CruiseCritic.com).  The comments apparently suggest that a 21 year old passenger may have died due to an allergic reaction to something he ate.  A number of police officers boarded the cruise ship when it returned to port in Miami, and there is alot of speculation about what happened.   

There has been no information released by NCL, which adds to the speculation.  This cruise line public relations contacts are Susan Robison, vice president, corporate communications & media promotions (305) 436-4762 srobison@ncl.com, and AnneMarie Mathews, director, public relations (305) 436-4799 amathews@ncl.com.  

And its vice president of sales and passenger services, Andy Stuart, is a regular on Twitter @nclandy and tweeted non stop when the Epic made its inaugural voyage a few months ago. 

Cruise lines like NCL lose alot of credibility when the only time you hear from them is when they are selling cruises and they disappear when trouble strikes.  

Update:

A travel agent and blogger's website Chris Cruises has the following statement from NCL:

“After setting sail on a seven-day Eastern Caribbean cruise yesterday at approximately 4 pm, Norwegian Epic returned to the Port of Miami at approximately 12:45 am for a medical disembarkation. While the ship was approximately 40 nautical miles from Miami, a guest on board suffered a heart attack and passed away. All local authorities were notified and some met the ship upon arrival. The ship departed at approximately 2:45 am. Norwegian Cruise Line extends its sincerest thoughts and prayers to the guest’s family during this difficult time.”

Although the official NCL statement references a "heart attack," the FBI stated that the passenger had an allergic reaction to food.

A passenger on the cruise left a comment below that the passengers ate peanuts in a cookie.

The comments regarding the incident at Cruise Critic are here.   

The passenger has been identified as Kevin Edouard of Spring Valley, New York.

August 20 2010 Update:

A news station in Tampa reports that NCL confirmed that Mr. Edouard suffered a severe allergic reaction to peanuts: "Epic Passenger's Allergy Believed to be Peanut." 

August 23, 2010 update:

Passengers on the cruise are commenting that another passenger died and a brawl broke out during the cruise.    

Please leave a comment below if you are on the cruise or have information about what happened.

• Comments (24)

Today the Senate will debate amending the Death On The High Seas Act (DOHSA) to permit the families of the oil workers killed in the BP Deepwater Horizon explosion to recover compensation for their emotional damages for losing their husbands and fathers.  The House of Representatives previously voted to amend DOHSA.

We have discussed the inequities in this archaic law which has been denying just compensation to families for 90 years.  

Senator Rockefeller introduced the "Fairness In Admiralty and Maritime Law Act" (S 3600), which will permit recovery of compensation for the families of oil workers, cruise cruise passengers and crew members on maritime vessels killed in international waters. 

But the cruise industry has unleashed its lobbyists to work the Senators over to try and kill the amendment and exclude the families of cruise passenger and crew members from the Rockefeller amendment.  With the urging of the cruise lines, Florida Republican Senator LeMieux (left) introduced an amendment to exclude everyone except the BP widows from compensation.  The Cruise Line International Association (CLIA) is once against trying to strip the rights of cruise passengers and crew members.  CLIA's Michael Crye (below right) has been working with the cruise industry's lobbyists. 

CLIA has assembled its usual cast of characters to try and kill the Senator Rockefeller's amendment to DOHSA, including the Alcalde & Fay lobbying firm.  The cruise lines have paid millions to the lobbyists at Alcalde & Fay.  

Cruise Law News (CLN) has learned that Alcalde & Fay lobbyists, including Tandy Bondi (below left) and Harold (Hal) Creed, have been been working with Senator LeMieux's staffers to grow support for the cruise industry's interests.  This means that when a cruise line's negligence kills a retired passenger or child, the surviving family is barred from receiving compensation.   

Senator LeMieux has made a deal with Alaskan Senator Begich to support LeMieux if Begich's study amendment passes.  A classic I'll-scratch-your-back-if-you-scratch-mine.  Alaskan Senator Inouye's staff has been communicating with LeMieux's staff.

The Alcalde & Fay people have been pressuring Senator Nelson but have been unable to obtain his commitment to join forces with Senator LeMieux.  Ms. Bondi met with Senator Cantwell's Chief of Staff yesterday. 

Alcalde & Fay's consensus is that the Republicans will support LeMieux, so they are working on lobbying the Democrats.  Today they will be releasing a letter from the coalition of industries which are trying to keep the passengers and crew members from being included in DOHSA.

One of the coalition members is the American Waterways Operators (AWO), which is the trade association for the U.S. tugboat, towboat and barge industry. 

The AWO's Jennifer Campbell (Senior Vice President - National Advocacy) and Chris Coakley (Vice President - Legislative Affairs) have been lobbying on behalf of the AWO.  Ms. Campbell has been calling the Senators to try and derail the expansion of DOHSA, and Mr. Coakley has been walking the halls of Congress. 

The AWO lobbyist have been placing alot of pressure on Senator Vitter, who is in a key position being from Louisiana which is at the epicenter of the BP disaster. 

It is an amazing spectacle seeing the cruise industry using Senator LeMieux as a front man for its nefarious interests.  The cruise lines have a big industry shill in their hands.  Before he was a Senator, LeMieux lobbied heavily for offshore drilling by companies like BP off of the coast of Florida - a story which the St. Petersburg Time published last year.

So we have kindred spirit companies, the cruise lines and BP and their maritime and oil & gas industry friends, teaming up to fight against the families to deprive them of their DOHSA remedies which are desperately needed to protect innocent people killed on the high seas.  

Two dirty industries are paying millions to their lobbyists to put profits over people again.     

Consider reading:

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

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

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

Will BP and the Cruise Industry Join Forces to Screw Americans?

• Comments

A 14 year Carnival cruise passenger was shot and killed today after arriving in St. Thomas aboard the Carnival Victory cruise ship.  Lizmarie Perez Chaparro was riding in a "safari bus" with her family when she was caught in the crossfire of a gang shootout.

According to the AP, the young girl and her family had sailed from San Juan on Sunday. Another cruise ship passenger sustained a minor injury during the shootout. Another person, not from the cruise ship, 18-year-old Shahid Joseph, was also shot and killed. Mr. Joseph was attending a funeral for another young man murdered last month. 

Governor de Jongh issued a statement indicating that the deaths were caused by gangs waging "street justice" to settle their differences.

The tourist bus was hit by gunfire on its way to Coki Point Beach. Although this is a destination advertised by the cruise lines for snorkeling and scuba, Carnival denies that this was a Carnival excursion.

St. Thomas has been a hot spot for crime, including violent crimes against tourists for many years. Cruise lines face liability for subjecting their guests to harm and not warning them of the risk of such violence. 

There is a local blog by the Big Kahuna discussing the tragedy and the problem with crime on the island. The blog mentions that the astronomical murder rate is 42 this year in a population of only 100,000.  One of the readers left this comment:  "This morning I sat on the balcony and watched the Carnival Victory sail into port this morning. Unknowingly,that ship was bringing a little innocent girl here to be murdered. That’s difficult to grasp, it’s haunting . . ."

Carnival PR person Jennifer De La Cruz said Carnival suspended all excursions to the beach. The Carnival PR people crafted a statement that the incident was "unfathomable" and the Captain of the cruise ship used the word "shocked."  These are code words for "not foreseeable," meaning the cruise line is denying that it is responsible for sailing its guests into a port with high crime and street violence.   

A wanted poster of the suspect is in the St. Thomas Source.  This newspaper also has an excellent article about crime in the Caribbean: "Drugs, Gangs and Guns Fueling Caribbean-Wide Crime Surge."

A letter to the passengers signed by Captain Salvatore Messina is below.

June 13, 2010 Update:  The El Nuevo Dia newspaper in Puerto Rico is reporting that Ms. Chaparro's family was cruising to celebrate her upcoming quinceanera and her parents' wedding anniversary.  The cruise line PR people and the tourism officials are in overdrive, announcing that the murder is "isolated" and the islands remain a "safe destination for tourists."

June 15, 2010 Update: The popular USA TODAY Cruise Log has a blog: "Shooting death of cruiser in Virgin Islands comes as killings there soar." 

June 16, 2010 Update:  Virgin Islands Daily News has an article "Cruise lines warn passengers about Coki Point shooting," discussing how many cruise lines are warning p[assengers about crime in St. Thomas and suspending excursions to the Coki beach area.  Cruise Critic has an interesting article "Who's Responsible for Warning Cruise Travelers About Dangers in Port?"

June 18, 2010 Update:  "Heartache wrenches those who knew slain girl."

Were you on the cruise?  What are your thoughts about crime in St. Thomas and in other  Caribbean ports of call? Please leave a comment below . . .

We have written a number of articles about the high crime rate in the Caribbean ports of call in prior articles:   

Crime in Caribbean Ports of Call Against Cruise Passengers  

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas 

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

Norwegian Cruise Line Passenger Murdered in Guatemala

Travel Writers and the Ethics of Reporting Cruise News

Credit: 

Photo    Lizmarie Perez Chaparro     Javier Rivera / END via El Nuevo Dia

Photo Carnival Victory cruise ship         bajan.wordpress.com

Photo Carnival letter   alexbrown96's tweetphoto   via  St. Thomas Blog by the Big Kahuna

• Comments (20)

Today, the House of Representatives passed a bill - H.R. 5503 (also known as the SPILL Act)  - which will amend the Death on the High Seas Act (DOHSA).  H.R. 5503 will permit the widows and children of the oil rig workers killed in the BP Deepwater Horizon disaster to be compensated for their grief, mental anguish and suffering due to the deaths of their husbands and fathers.       

The bill was passed in the House today due to the efforts of the families of the 11 workers who died when the drilling rig exploded two months ago.  The families targeted their efforts on the obscure DOHSA law which does not recognize the suffering of children and spouses who lose loved ones on the high seas. 

The bill was introduced by Representative John Conyers, a Michigan Democrat, who chairs the U.S. House Judiciary Committee. 

We have reported on the sad death of oil worker Gordon Jones, who left behind a pregnant and loving wife and a young son, and the extraordinary efforts of his father who lobbied to change this unfavorable law. 

BP fought against the families.  So did the notorious Cruise Line International Association (CLIA), who lobbied behind the scenes to try and keep the oil rig wives and children from receiving compensation.

The amendment to DOHSA is also needed for families who have lost loved ones on cruises ships.  Hundreds of passengers have died on cruise ships due to the negligence of the cruise lines.   

Yesterday, we reported on the unconscionable efforts of CLIA.  We posted a letter which CLIA sent to legislators to oppose the efforts of the grieving families suffering from the BP explosion.   

Today, the bad guys - BP, Transocean and the cruise lines - lost.  The good guys won.

But the law still needs to be passed in the Senate.  BP, Transocean, and CLIA will be back - like vultures - to walk the halls of our Senate.  Bad companies like this will try and keep this much needed reform of DOHSA from being enacted into law.  

For additional information about 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

Will BP and the Cruise Industry Join Forces to Screw Americans?

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

• Comments (2)

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.     

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 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. 

• Comments (1)

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 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. 

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

• Comments

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 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.

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

• Comments (3)

Mother Jones published an interesting article this morning by  Stephanie Mencimer, "Will the Cruise Industry Do BP's Dirty Work?" about how the cruise line lobbyists may join forces with BP to help the oil company dodge liability for the eleven workers killed on the Transocean drilling rig.

You see the drilling rig is considered to be a vessel for purposes of maritime law.  And when an employee (or passenger) is killed on a vessel in international waters, the case is governed by the Death on the High Seas Act (DOSHA).  

Enacted in 1920, DOHSA prohibits the families of loved ones lost at sea to recover any compensation for their grief, sadness and bereavement or their children's loss of love, nurture and guidance.  We have written about this outdated and inequitable law before: "The Death on the High Seas Act - Screwing American Passengers for 89 Years."  The cruise industry and its trade organization spend millions each year lobbying against efforts to repeal DOHSA.

So when the BP oil well exploded and killed the oil workers, the lawyers for BP undoubtedly began to educate their negligent client that liability for the dead men would be limited under DOHSA solely to the wages they earned.  There is no liability for the dead men's pain and suffering after they were burned and lay dying, or their fear of imminent death, or the mental anguish and suffering of their wives and children.     

Mother Jones points out that one of the rig workers who was killed was single and childless. That means his family would only be entitled to recover funeral expenses under DOHSA.  But because his body was never found after the rig blew up, there is nothing to bury.  BP could get away with paying as little as $1,000 for his death. 

There are representatives in Congress, including Senator Leahy, who will introduce legislation to repeal DOHSA so that families of the oil workers are reasonably compensated.  But the article predicts that:    

"There’s another powerful industry with an interest in doing BP's dirty work to preserve the status quo. That would be cruise line operators - and when it comes to Beltway battles, the cruise lobby is no Love Boat."

The article addressed the sad story of Son Michael Pham (photo right), the vice president of the International Cruise Victims Association. (Mr. Pham is the founder of the non-profit organization Kids Without Borders).

As the article explains: "In 2005, his parents went on a Caribbean cruise and never came back. Carnival Cruise Line, one of the world’s largest cruise operators, never offered any explanation for what had happened, and has refused to discuss the incident with Pham and his family since then. That was how Pham discovered the horrible divide in the way the law treats people killed through negligence at sea. "We couldn't take legal action to get justice," he says. Long before the BP explosion, his group was lobbying Congress for DOHSA to be overhauled . . .

Finally, in 2009, the cruise ship victims succeeded in getting legislation introduced with help from Sen. John Kerry (D-Mass.) that would have updated DOHSA in just the way Leahy has proposed. That change would have allowed families of cruise ship victims to sue for non-economic damages - a huge deal for cruise-goers, because so many are retired and have no salaries that would provide the basis of a legal award under the current law . . .

But the cruise industry spent $2.2 million fighting these changes. The Carnival cruise line company alone has donated more than $400,000 since 2007 to members of Congress from both parties, according to the Center for Responsive Politics. The offending provision was eventually removed from the cruise-ship safety bill.

The Cruise Lines International Association did not return requests for comment. But Pham says he has no doubt that the DOHSA revision will not slip by without the lobbyists’ notice. "Cruise lines absolutely didn’t want DOHSA to be part of that [2009 bill] at all," he says, noting that the industry would suddenly become liable for all sorts of incidents that it's currently able to dodge legal responsibility for - everything from on-board murders to rapes to mysterious disappearances like that of Pham’s parents. "It’s an industry that self-polices. When there’s an incident on board, there’s nobody but themselves investigating themselves. You're not going to turn yourself in."

What do you think of DOHSA?  Please leave a comment below. 

Are you a travel agent or cruise specialists who is a member of CLIA?  Do you think that CLIA should spend millions of dollars a year lobbying to make certain that families on cruise ships lose their rights under DOHSA? 

Credits:

Deepwater Horizon Explosion          U.S. Coast Guard

• Comments

A number of newspapers in Trinidad are reporting on the death of Michelle Samaroo of Arima, Trinidad and Tobago, who disappeared on April 26th when she traveled to Arouca to obtain a job on a cruise ship.  Ms. Samaroo had responded to an advertisement in a local newspaper and had told her family that she was going to a cruise placement agency. 

Ms. Samaroo was requested to take $5,000 TT ($790 U.S.) for a visa and medical examination as part of the hiring process.  She did not return home and her family mounted an investigation.  The unidentified hiring agency allegedly informed Ms. Samaroo that she did not qualify for the job and returned her money.

Ms. Samaroo's body was found on May 14th.  The  cause of death was not determined.

We represent many men and women from Trinidad, St. Vincent and other islands in the Southern Caribbean.  We have heard many stories about unscrupulous hiring agents who try and extract payments up front or "bonuses" from young men and women when they are hired to work on Royal Caribbean or Carnival cruise ships.  Sometimes the "bonus" will be equivalent to several months of a crew member's salary.

The "hiring agents" in the Caribbean are unregulated, even though they conduct the pre-employment screening and coordinate the medical evaluations of the prospective crew members for the U.S. based cruise lines.

Many young women like Ms. Samaroo dream of traveling to a U.S. port to join a cruise line for a better life for themselves and their families back home.  

A website focusing on abduction in Trinidad, Missingtrinbagonians, raises a number of questions about this case:

What is the name of the placement agency?   What is the name of the owner of the agency?  Why hasn’t a copy of the ad been reproduced by the newspaper which ran it?  Has anyone else used this agency’s services?  What is the name of the clinic where the medical examination was conducted?  What is the name of the doctor who performed the examination?  Have records been found for her appointment?  Did the doctor corroborate the information given by the placement agency?

Other questions to be asked.  Which cruise lines use this hiring agency?   Are the cruise lines aware of these type of hiring practices?     

Credits:           

Photograph          Missingtrinbagonians 

Video         TV 6 Trinidad 

• Comments (3)

An article in the Baltimore Sun entitled "Pleasure Cruise Bring Risks, Too" addresses the limited liability of cruise lines when tragedy strikes a family during a cruise.  Written by Frank Roylance, the article begins with the sad circumstances of Carnival cruise passenger Carol Olson who died during what appears to be a very lax, unsupervised and negligently operated snorkeling excursion in the Bahamas. 

Mr. Roylance discusses injuries, deaths, and crimes on cruise ships and the frustration experienced by cruise passengers seeking accountability from the foreign flagged cruise ships sailing from ports like Baltimore where Ms. Olson sailed from not to return.  Notwithstanding the fact that the cruise industry collects over $35 billion from Americans each year, cruise lines argue that the cruise excursion companies and ship doctors are "independent contractors" and deaths are governed by the "Death On The High Seas Act."  Called "DOHSA," this outdated law provides no recovery for a cruise passenger's pain and suffering or the grief, bereavement, sadness and mourning of surviving family members.

Cruise lines have erected all of these legal obstacles to limit or take away cruise passengers' rights.

The article mentions the story of Ken Carver, the President of the International Cruise Victims ("ICV"), who lost his daughter Merrian during a cruise aboard the Celebrity Mercury cruise ship.  Following her disturbing and mysterious "disappearance," the cruise covered the incident up and lied to the Carver family.

Another member of the ICV mentioned in the article is firm client Lynnette Hudson who lost her father, Richard Liffridge, because of a fire on Princess Cruises' Star Princess cruise ship.  Because of DOHSA, which provides no compensation to retired passengers on cruise ships, the cruise line "didn't offer anything to my family. Not even a sympathy card," said Ms. Liffridge.

The article also mentioned the problem of crimes on cruise ships and the "Vessel Safety and Security Act" which, once enacted into law, will require cruise lines to report shipboard crimes to the FBI for the first time in the history of the cruise industry.

Lanie Fagan, a PR spokesperson for the cruise industry's lobbying company, Cruise Line International Association (CLIA), wrote to the Baltimore Sun claiming that cruise lines "already are required by law to report serious crimes to U.S. authorities."  This is a false statement.  There is absolutely no law requiring cruise lines to report rapes, assaults and other crimes against Americans in international waters to the FBI or the U.S. Coast Guard. 

Unfortunately, this is just another false PR statement from a cruise industry sorely lacking in credibility.  In response to this falsehood, the newspaper quoted me stating:

"If there was a law, then why didn't they report the suspicious disappearance of Merrian Carver? And why weren't they fined when it was revealed that they covered it up?"

The article is re-printed below in its entirety:

PLEASURE CRUISES BRING RISKS, TOO - Families Say Tragedies Expose Cruise Lines' Limited Liability

Cruise lines make their money offering vacationers more of everything: Sunshine, food and drink, excitement.

But when tragedy strikes — when a passenger is injured, or dies, or simply disappears — survivors say the cruise lines can be downright stingy: Reluctant to accept responsibility, tight even with information about what happened.

Long-established U.S. Maritime law limits the lines' financial liability, in the event of the death of a passenger, to lost income, so there is often no compensation for the loss of the very young or the retired beyond funeral expenses, legal experts say.

The death of Carol Martin Olson stirred an unwelcome sense of déjà vu among those who have lost loved ones about cruise ships.

The 71-year-old Reisterstown woman, a passenger aboard the Carnival Pride, died April 30 while on a snorkeling tour off Freeport in the Bahamas. Bahamian authorities have ruled the death an accidental drowning.

"My heart goes out to [Olson's] family," said Lynnette Hudson, 46, of Bear, Del, whose father died of smoke inhalation when his cruise ship caught fire off Jamaica in 2006.

"The family is going to be dealing with a brick wall, and the cruise industry is going to tell them her life had no value. They will not take responsibility for the things they should be accountable for," Hudson said.

Lanie Fagan, a spokeswoman for the Cruise Lines International Association, said passenger safety is the industry's "number one priority," and that cruise lines are obligated to exercise "reasonable care in the sale of shore excursions." The companies also share a "zero-tolerance policy when it comes to crime."

But advocates for cruise passengers say few people who board the big liners for carefree vacations are aware of just how much risk they bear.

The issue is increasingly significant for Marylanders as Baltimore grows as a cruise hub. Five lines now sail from the Locust Point Cruise Terminal. More than 165,000 passengers left port in 2009 on 81 cruises. The commerce pumped an estimated $152 million into the local economy and sustained 1,550 jobs, according to the Maryland Port Administration.

Olson and her husband, Harry A. Olson, left Baltimore on April 25 aboard the Carnival Pride, along with several members of their church, Trinity Lutheran in Reisterstown. On April 30th, with the ship in Freeport on Grand Bahama Island, they joined a snorkeling tour they had booked through Carnival.

The tour was operated by a third-party contractor that Carnival officials say they have dealt with for 10 years.

Other snorkelers said the tour was advertised as requiring "moderate exercise." But they told The Baltimore Sun that they were taken to a reef where waves and strong currents quickly exhausted even relatively young, strong swimmers, pulling them away from the boat.

"I consider myself a pretty strong swimmer," said Lyn Halavats, 46, of Troy, Mo. She said she and her husband were among the first off the boat. "I wanted to get in as much snorkeling as I could."

But in just 10 or 15 minutes, she said, "I was pretty far from the boat, and I kind of started to panic. … I started to swim pretty hard, but I wasn't getting anywhere."

With considerable effort, she managed to get back near the boat, where she saw Olson, who still had a snorkel in her mouth, but appeared unconscious as passengers and crew struggled to get her onto the boat.

Passengers interviewed by The Baltimore Sun said crew members seemed unprepared, or unwilling to perform CPR leaving passengers to attempt it. The boat was not equipped with ship-to-shore radio, the passengers said, and it took 90 minutes or more to get Olson to medical help in Freeport, where she was pronounced dead.

Carnival spokesman Vance Gulliksen contradicted the passengers' accounts. He said Friday that the tour boat crew had both radio and cell phones. They alerted their office, which brought an ambulance to the dock. Four of the five crewmen were CPR-trained, he said, but "since CPR was being administered properly by other guests, the captain allowed that process to continue."

Gulliksen said the weather at the time was "good," and the tour was on a side of the island sheltered from the wind. He said that while Carnival provides "general" guidelines, "the guest also must evaluate their own fitness level" in deciding on a tour. Refunds are available to those who back out, he said.

Jennifer de la Cruz, also with Carnival, expressed "heartfelt condolences" to Olson's family. Mr. Olson and his son, David B. Olson, were assisted in the Bahamas by a Carnival "Care Team."

Fagan, the industry spokeswoman said, cruise lines have a responsibility to "exercise reasonable care in the sale of shore excursions," and "a legal duty not to sell excursions they believe to be unsafe." Carnival has suspended its contract with the tour provider.

But Jim Walker, a Florida attorney who specializes in cruise line litigation, said passengers are largely on their own when they take shore tours with third parties under contract to the cruise lines.

When they market the tours, the lines "do business with passengers on the promise that these [tours] have been vetted, and investigated, and that they have better safety records" than tours passengers might find on their own, Walker said. And, the lines get a cut of the fees passengers pay for the tours.

The cruise companies are legally obligated to warn passengers of any dangers associated with the tour. And they are required to scrutinize the tour operators, inspect their facilities, safety protocols and operations.

So, "as long as they do that basic investigation, they're going to say they fully complied with the law," Walker said. That clears the cruise line.

Even if the tour company is then negligent, he said, "that does not create negligence on behalf of the cruise line." And when the tour operators are not U.S. companies, the families of passengers who are killed or injured will have a difficult time suing them directly.

Similar problems can arise with medical issues involving shipboard doctors, who Walker said are typically are not U.S.-trained or licensed.

"The cruise lines are not liable for the negligence of the ship's doctors," he said. "They are independent contractors."

Kendall Carver is chairman of International Cruise Victims, which advocates for the families of people who are victims of crimes or accidents on cruise lines. When tragedy strikes, he said, the cruise companies typically provide little information or compensation to passengers' families.

Carver said he lost his 40-year-old daughter, Merrian, when she disappeared on an Alaska cruise in 2004. She was never found.

"We hired a private investigator, and two law firms," he said. "All we wanted to do was talk to the steward, and that took court action in Massachusetts and Florida."

They eventually learned Merrian had been reported missing daily by the steward. "Cover-up was standard operating procedure," Carver said.

Collecting compensation for family members who are lost on board is also problematic.

Passenger or crew deaths that occur beyond U.S. territorial waters fall under the Death on the High Seas Act, which limits damages strictly to financial losses.

"No pre-death pain and suffering, no grief, bereavement, sadness of the husband or her family," Walker said. "The total damages that can be awarded are strictly financial losses."

When victims in these cases are children, or retired and no longer earning money, all that can be recovered are funeral and burial expenses. And that's normally too little to warrant the costs of the lawsuit, Walker said. "It's not a case anyone would pursue."

Lynnette Hudson, whose father died in the ship fire off Jamaica, said her family got little assistance from the cruise line, and they had to read the maritime accident report to learn how he died.

When they brought a wrongful death suit, they learned that under the Death on the High Seas Act, her father's life, because he was 72 and retired, had no monetary value. "They didn't offer anything to my family. Not even a sympathy card," she said.

Some crime-related problems would be addressed by legislation now pending before Congress, Walker said. The Cruise Safety and Security Act has already passed the House. A Senate vote is expected soon.

For the first time, Walker said, cruise lines sailing in or out of U.S. ports would be required to report all crimes to the FBI and the Coast Guard. Ships would also be required to carry rape kits and anti-retroviral medicines to protect rape victims from HIV infections.

And the cruise companies would have to make public all shipboard crimes. "The public will know the crimes that occur and see which ships have the greatest problems," Walker said.

Fagan, the industry spokeswoman, said the cruise lines already are required by law to report serious crimes to U.S. authorities.

"Under the proposed legislation, the procedures for reporting allegations of crimes will be clarified and further codified, goals the cruise industry fully supports," she said.

But Walker said the existing requirement applies only to crimes that occur in U.S. waters.

"The cruise industry has always taken the position … that you can't touch us unless we are in U.S. waters," he said. "If there was a law, then why didn't they report the suspicious disappearance of Merrian Carver? And why weren't they fined when it was revealed that they covered it up?"

Walker said the new legislation, if passed, will be "a major improvement on issues of crime," he said, but it does not address liability issues related to the Death on the High Seas Act, or third-party contractors, such as tour operators and shipboard doctors.

"That's our next step," Carver said.

Credits:

Article -  Frank Roylance of the Baltimore Sun; Sun reporter Michelle Deal-Zimmerman contributed to the article. 

• Comments

In a stunning and unexpected end to the trial involving the death of P and O Cruises passenger Dianne Brimble, the prosecution dropped a manslaughter charge against fellow cruise passenger Mark Wilhelm.

Australia's Herald Sun reports that Wilhelm pled guilty to supplying the date rape drug GHB to Ms. Brimble in exchange for being released from the manslaughter charge.

Last year, a jury reached a split decision.  The jury found that Wilhelm gave Ms. Brimble the drugs which led to her death, but it could not reach a decision on the manslaughter charges.  This led to a hung jury and a decision to re-try the case.   

After the plea agreement was announced, the Brimble family had to endure a lecture by the presiding trial judge.  Justice Roderick Howe stated that although defendant Wilhelm may have been "technically and morally responsible" for Dianne Brimble's cruise ship death, and his behavior may have been "bad, loutish or even insensitive,'' he was not legally responsible for manslaughter. 

The judge then made a number of rather gratuitous comments, criticizing what he characterized as the "prejudice" and "hysteria'' surrounding the death and ensuing events - adding that Wilhelm had been subjected to "rumors, misinformation, supposition and conjecture."

We have written many articles about Ms. Brimble and the outlandish conduct of Mr. Wilhelm and the seven men who cruised with him.  The judge's comments are off the mark as well as being insensitive and disrespectful to the Brimble family.     

Ms. Brimble's family expressed their frustration with the the decision to drop the manslaughter charge.  The Brisbane Times reports that Ms. Brimble's family will seek to reopen the investigation into her death. 

According to the newspapers, Ms. Brimble's former husband, Mark Brimble, said "We're disappointed that it ends this way .  .  .  we are frustrated with the system.''  "I want the coroner to enter into findings . . .  we need to know what has to happen to stop this ever happening to any other individual or Australian traveling on a cruise ship or on a holiday," he said.

"Dianne went on a holiday and didn't come back . . .  that should not happen to a person again."

Wilhelm will be sentenced for supplying the drugs on April 29th.

Credits:

Photograph        dailytelegraph.com.au

• Comments

Newspapers in Australia are reporting that the re-trial of Mark Wilhelm, the man charged with the death of cruise passenger Dianne Brimble on the P and O cruise ship Pacific Sky, began  today,

Ms. Brimble died in Mr. Wilhelm's cabin on the P and O cruise ship seven years ago.  Ms. Brimble's death was attributable to the date rape drug, GHB ("Fantasy"), which defendant Wilhelm allegedly gave her. 

Ms. Brimble's death illustrated the raucous behavior on the P and O cruise ships, the danger of date rape drugs on ships, and the lack of accountability of the cruise lines for passenger deaths.  

We have written many articles about Dianne Brimble's death.

Last October, a jury returned with a split verdict which resulted in a mistrial.  Will the jury find criminal responsibility this time?

Credit:              

Photograph                 Sky News Australia

• Comments

The Diario newspaper in Aruba reports on a passenger from Princess Cruises' Caribbean Princess cruise ship who died in an accident ashore in Aruba.

The unidentified passenger rented a four wheel ATV (all terrain vehicle) and collided with what the newspaper reports is a Dodge Ram pickup truck.  

The Cruise Critic website includes several comments by passengers on the cruise who saw the aftermath of the accident.

Many Cruise Critic readers commented on dangers ashore in port of call when passengers rent mopeds and ATV's and encounter different road conditions and traffic on the "other side of the road."  

The driver of the ATV was apparently not wearing a helmet.  The comments to the story seem to suggest that the ATV was rented privately, and not as part of an excursion sold by the cruise line.

Companies which rent ATV's and mopeds should require that all drivers wear helmets, and should not rent the vehicles unless the company provides a helmet to the driver.  It is unknown whether Aruba requires helmets to be warn in these situations.    

April 22, 2010 Update:

The cruise passengers involved in the accident are Frederich Norman, age 41, who was killed, and his wife Christine Norman, age 37, who was injured, according to the LondonFree Press in Canada. There is a suggestion that the pickup truck may have swerved into an oncoming lane, causing the collision with the Normans' ATV.  There is also mention of drugs being found in the truck.  These accounts appear to be based on the Diario newspaper in Aruba.

The London Free Press points to the incident as raising the issue of the questionable safety of many excursions cruise passengers may choose during their cruises. 

Princess Cruises PR person, Julie Benson (photograph right), is quoted as stating that the ATV rental was not one sanctioned by Princess Cruises. Ms. Benson claims that Princess Cruises requires a "stringent set of rules and safety measures" before recommending local companies to its cruise passengers.

In February a Princess Cruises passenger was killed and other passengers were injured when a cruise excursion bus with no seat belts, operated by a driver named "Crash Dummy" with a record which included criminal conduct and reckless driving, crashed while descending a steep hill in Tortola. 

It will be interesting to see exactly what Princess Cruises' "stringent" excursion safety rules look like.  

Credits:    

Photograph of ATV        Diario Online Newspaper

Photograph of Princess PR            Julie Benson Twitter 

• Comments (1)

This is reason no. 5 in the series: Top 10 Reasons Not To Cruise

If you are retired or a child and die on a cruise ship due to the cruise ship's negligence, the cruise line will consider your life to be worthless under current maritime law.

Your family will face a law called the Death on the High Seas Act, commonly known as "DOHSA."  In 1920, Congress passed DOHSA to provide for limited recovery when a seaman died at sea. Congress did not want widows to become destitute when their husbands died in international waters.  So they passed DOHSA which provides that a widow can recover her husband’s wages and, perhaps, some money to bury him if his body was found.

DOHSA Provides No Recovery for Pain, Suffering, Grief, or Bereavement if You or Your Loved One Dies at Sea

Applied to cruise lines, DOHSA provides no recovery at all in many circumstances. 

Surviving family members may potentially recover only limited financial damages after proving the cruise line’s negligence caused the death.  However, there is no recovery for the deceased passenger’s pain, agony and suffering before he dies. The surviving family members’ grief and bereavement are irrelevant.  The children’s loss of their parent’s love, guidance and nurturing are of no consequence.

All of these damages may be recoverable if you die in a car accident or airplane accident en route to the port. But on the high seas, only financial losses such as lost wages or burial/funeral expenses are permitted.

For this reason, there is no basis for any recovery if the missing passenger is a retiree or a child.  If the body of a retired passenger is not recovered, and there are no burial expenses, the family receives nothing.  This is a hard pill for a grieving family to swallow.  Most people who contact our office are dumbfounded when they learn this.

Cruise Lines Love DOHSA

Unlike companies ashore, cruise lines face virtually no financial exposure when their guests are killed or disappear.  Even if the cruise line is clearly negligent or acts maliciously, DOHSA provides no recovery when the victim is a retiree or a child.  Cruise lines and their insurance companies profit greatly due to this ancient law.

Historically, DOHSA was applied to aviation disasters when airplanes crashed in international waters.  The families of dead children or elderly (retired) parents were excluded from any recovery by virtue of DOHSA. But following the crash of a jet in the Atlantic full of US citizens (TWA flight 800), the American public became outraged by this injustice.  In response, Congress excluded air travel from DOHSA.  The same thing needs to happen with cruise travel.

Victims Fight for A Change

The International Cruise Victims organization ("ICV") has been trying to amend DOHSA to permit the recovery of fair compensation when passengers die during cruises.  A cruise safety bill pending before Congress originally contained a provision to amend DOHSA so that there is no difference if an American citizen dies ashore or at sea.  The cruise industry spent millions of dollars lobbying Congress to eliminate the amendment. Ultimately, the cruise lines’ big bucks and PR machine won out.

As far as deaths on ships go, DOHSA is just the way it existed in 1920 – 90 years ago.  In 1920, relatively few passengers cruised a year. Now the number is around 14,000,000. Congress never envisioned that DOHSA would bar all recovery for any of the millions of retired passengers and children who cruise annually.  The Cruise Line International Association ("CLIA") doesn’t tell its 14,000,000 customers or 16,000 travel agents that it lobbies each year to make certain that DOHSA remains in place.

A cruise line is the only place in the world where a child or retired passenger’s life is of absolutely no consequence in the eyes of the law.  Die on a cruise ship due to bad medical care or disappear under mysterious circumstances?  The cruise lines have spent millions of dollars to make certain that your loved ones don’t get a dime.

Tomorrow I will discuss Reason No. 6 Not To Cruise: If The Ship Doctor Kills You, Too Bad

This article was originally published last year with the title"The Death On The High Seas Act - Screwing Americans For 89 Years"

• Comments

Newspapers are reporting that the Costa Europa cruise ship collided with a pier in Sharm el-Sheikh, Egypt yesterday.  The collision ripped a hole in the hull of the ship and flooded a crew cabin, resulting in the death of three crew member who, unidentified, are described as "an Indian, a Honduran and a Brazilian."  (Technically speaking, when a vessel strikes a pier, it is called an "allision" - "collisions" occur between vessels). 

Four other people were injured.  Some reports indicate that another crewmember and three British women passengers were injured.  Other newspapers say that four passengers were injured. 

Pursuant to the terms of the passenger's cruise tickets, if the passengers need to make a claim for medical expneses and compensation, they are required to make their claim in Fort Lauderdale, Florida. 

Cruise line officials are quoted as saying that "strong winds" pushed the cruise into a pier as it tried to dock at the port.

It seems that every time a cruise ship hits a dock, the cruise lines blame it on the wind as opposed to poor seamanship at the helm.   

The cruise ship was sailing on an 18-day cruise from Dubai to Savona.

The photographs of the Costa Europe show the vessel listing heavily on its port side, in order to keep water ouring into the large opening on the starboard side. 

A photograph of the extensive damage to the crew quarters in shown is an article in the U.K. Sun newspaper. 

The passengers were disembarked, and Costa Crociere is arranging for them to be flown back to their countries of origin.

Credits:

Costa Europa  cruise ship -  AP (Hussien Talal) via Mail Online

Damage to crew cabin of  Costa Europa - U.K. Sun Newspaper

• Comments

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

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

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

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

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

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

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

February 25, 2010 Update:

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

Photo Credit:

Cruise excursion bus            BVI Platinum News

• Comments

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

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

The tour bus (photo left) "went off the road and flipped earlier today.  Of the 20 passengers onboard, one person was killed and two others were seriously injured."

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

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

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

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

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

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

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

This is the second serious excursion vehicular accident in the last year. 

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

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

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

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

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

February 24, 2010 Update:

The deceased passenger has been correctly identified as Aaron Rumphrey.

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

Credit:

CruiseJunkie.com

Photograph of Tortola bus excursion accident     BVI News Online

Photograph of Dominica excursion crash         thedominican.net 

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

• Comments (4)

KHOU.com from Houston, Texas reports that the parents of Kipi Holcomb do not believe that their daughter's death on the Carnival Ecstasy cruise ship was the result of foul play or that her boyfriend, Jeffrey Aaron Stultz, had anything to do with her passing.  

In an article entitled "Family: No Foul Play in Carnival Cruise Ship Passenger's Death," FBI Special Agent Shauna Dunlap is quoted as saying that the investigators haven’t found any reason to suspect foul play.

Ms. Holcomb’s family is disturbed that there is a cloud of suspicion cast over their daughter’s boyfriend, Mr. Stultz, and they want to dispel rumors that he had anything to do with the young woman’s death.

"I don’t want any suspicion cast on Aaron at all," said Sharron Holcomb. "As far as any earthly party having anything to do with her death, absolutely not."

The Holcombs also believe that Carnival mistreated Mr. Stultz aboard the cruise ship. The newspaper reports that "according to the Holcombs, once Aaron found their daughter lifeless and called for help, he was taken to what they described as a blood-stained room. They said he was locked inside and wasn’t allowed to make a phone call. 'They treated him like he was guilty,' said Sharron Holcomb."

The Holcombs said that while they don’t know how their daughter died, they’re confident foul play wasn’t involved.

The KHOU.com story was compiled from information from by Courtney Zubowski / 11 News, T.J. Aulds / The Daily News  and John Tompkins / The (Brazosport) Facts. 

In a previous article, we reported on the wildly conflicting stories surrounding Ms. Holcomb's death in an article entitled "FBI Investigating Death of Passenger Kipi Holcomb on Carnival Ecstasy."  One local newspaper reports that there were clear signs of foul play involved, but this conclusion appears questionable at this point.

A local news channel in Texas also reports "Family: No Foul Play in Cruise Ship Death" and has a number of photographs of Ms. Holcomb.

The medical examiner in Galveston will be conducting toxicology tests to arrive at a final conclusion regarding the cause of death.

Credits:

Photograph            Facebook

Video                        KHOU.com

• Comments

Multiple new sources are reporting that the FBI is investigating the death of a 32 year old woman from  Brazoria County, Texas aboard the Carnival cruise ship Ecstasy. 

Kipi Holcomb was sailing with who is described as either her fiance or her newlywed husband, whose identity has not been revealed.  Most news sources call the death "mysterious," although the Police News website in Galveston is reporting the death as a murder.  According to the Police News:

" . . .  a 32-year old Brazoria County woman and her fiancee set sail earlier this week from Galveston and she was dead when the ship docked in Mexico.  FBI Agents went to Mexico to conduct an investigation.  It was reported that the woman had been beaten to death and the primary suspect is the man she married aboard the ship.  Although FBI spokesmen have called the investigation routine, it is reported the woman's death was a homicide. The Galveston County Medical Examiner will perform an autopsy and issue an official ruling in the death."

This sketchy article does not identify who, if anyone, stated that physical violence was involved or concluded that the death was a homicide.

However, another news source suggests that there were no signs of foul play whatsoever.  A local newspaper in Galveston, TheFacts.com, writes that:

"FBI Agent Pat Villafranca would release few details in the death of Kipi Holcomb, 32 . . . Holcomb’s body was found Monday on the Carnival ship Ecstacy, which set sail from Galveston on Monday, federal agents said. Her body did not have any visible signs of trauma, Villafranca said. An autopsy on her body began Saturday at the Galveston County Medical Examiner’s Office . . .  FBI agents boarded the ship at Progresso, Mexico, on Monday after Holcomb’s body was discovered, agents said . . . FBI agents said they do not suspect foul play in the death.

Ms. Holcomb apparently died last Monday and her death was reported to the cruise ship on Tuesday.  It is less than clear whether her body was removed when the cruise ship reached Mexico, or whether she was returned to Galveston.

No news source other than Galveston's Police News is reporting this as a murder.  The death of a healthy 32 year old woman is certainly unusual and the FBI rarely travels outside of the U.S. unless there is a reasonable basis to suspect that the incident involved a crime. 

If this is in fact a murder, it is the second such case on a Carnival cruise ship recently.  We previously reported on the death of a Carnival passenger last July aboard Carnival's Elation cruise ship.  Robert John McGill was charged with the first-degree murder and kidnapping of his wife, Shirley, who was beaten and strangled in their cabin.  Our article is entitled " Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case."  

A commentator to MyFoxHouston.com says that a scholarship fund has been established in Ms. Holcomb's memory:

Kipi Wiley-Holcomb Scholarship Fund
Brazosport College Foundation for Scholarship
500 College Drive
Lake Jackson, TX 77566

February 22, 2010 UPDATE:

A family member submitted a comment (below) and a video link from a local news station where the parents expressed the belief that the incident did not involve foul play.  

Galveston's The Daily News is reporting that the medical examiner's initial results indicate no external signs of foul play.  In an artice entitled "No Evidence of Trauma in Cruise Ship Death," the newspaper writes:

""An initial forensic examination of a woman found dead aboard a cruise ship revealed no signs of traumatic injury, authorities said Monday.

Kipi Holcomb, 32, of Brazoria County was found dead Feb. 15 in her room after the Carnival cruise ship Ecstasy left its home port of Galveston.

Upon the ship’s return to Galveston on Saturday, the Galveston County Medical Examiner’s Office performed an autopsy, John Florence, a spokesman for the medical examiner’s office, said.

'There was no evidence of trauma in an initial look Saturday,' Florence said, noting the investigation would continue today.

The cause of Holcomb’s death will be determined pending a toxicology report, which can take from two to three weeks, Florence said."

For further updates, please read: "Family of Kipi Holcomb: No Foul Play In Death of Carnival Cruise Ship Passenger." 
 

Credits:

Photograph 1:                saltwatersportsman.com

Video:                               myfoxhouston.com

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A number of newspapers are reporting that a Carnival cruise passenger from Philadelphia died while paragliding during a stop in Cozumel.

The South Asian Mail reports that Mr. Joseph Job (Sajan), age 40, was paragliding with friends in Mexico when his harness broke and he fell into the sea. 

Mr. Job was a native of Thrissur, Kerala and became a U.S. citizen.

The Web Malayalee newspaper indicates that Mr. Job is survived by his wife and daughters. 

Every year many cruise passengers are killed or seriously injured during excursions in ports of call.  We have seen many accidents involving parasailing, zip-lining, snorkeling, diving, and renting jet skis in Mexican and Caribbean ports of call.  Compounding the issue is the generally inferior medical and rescue services in these ports. 

It is unknown whether the paragliding excursion was advertised and sold by Carnival.  

Update: February 12, 2010:

Cruise Critic contains a comment by a reader that the passenger was from the Carnival Imagination cruise ship.  The reader was apparently the first one to notify the family and Carnival:  

"Incident happened at around 5:00 and Carnival reacted at 7:30 PM. We informed on the emergency number given on Carnival Capers. Carnival Imagination security team acknowledge that there local agent (emergency no. on Capers is of this agent) goofed up in Cozumel." 

Credit:

Photograph of Mr. Joseph Job (Sajan)               South Asian Mail

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A newspaper in the Cayman Islands is reporting that a 37 year old passenger aboard Royal Caribbean's Liberty of the Seas died during an Atlantis sponsored cruise.

The local newspaper carries the sensational headline: "Body Found On Gay Cruise Ship."  The cruise ship had been chartered by Atlantis Events, which organizes parties for the gay community.

The cruise was billed as the Liberty Gay Cruise - the World's Largest All-Gay Cruise. 

The local police in the Caymans apparently issued a statement to the effect that "there would appear to be no suspicious circumstances surrounding the death."  This is a ridiculous statement.  Perhaps there is no evidence of a murder, but clearly a death of a 37 year old man healthy enough to go on a vacation cruise is inherently suspicious. 

The Advocate also reports on this latest death.

Previously, we reported on the death of another passenger aboard a Royal Caribbean - Atlantis cruise in October 2009. Spencer Yu, an attorney for Warner Brothers and a board member of the Gay and Lesbian Alliance Against Defamation ("GLAAD"), died on the Mariner of the Seas. There is speculation that Mr. Yu, also a young man of  only 46 years, may have died of a drug overdose during the cruise.

Commenters on the gay community blogs Queerty and JoeMyGod bickered about the use of drugs during Atlantis sponsored events. Whether Mr. Yu's death is drug related is unknown to us.  

It has been our experience that cruise ships are not the place to have a medical emergency, whether you are gay, lesbian, transgendered, or straight.  Cruise ships are often characterized by the questionable experience and training of the shipboard doctors and staff and the limited nature of the ship's medical facilities. Are cruise ships equipped to handle medical emergencies which occur during Atlantis parties?  Does Atlantis discuss the use of drugs and the foreseeable risk of a drug overdose with the cruise line to make certain that there are properly trained medical personnel to respond to emergencies?

The Atlantis cruise parties are organized by Rich Campbell who is quoted in a recent article saying: "There’s no turning back. Once you sail, if you forget something, you’re screwed!" 

There doubtlessly will be speculation regarding the cause of this most recent cruise death and the connection to the Atlantis organization.  Is this recent death just a coincidence to the unfortunate death of Mr. Yu on another Royal Caribbean - Atlantis cruise? 

The skeptic in me says there are no such coincidences in life, or in death. 

Credits:

Newspaper            CompassCayman.com

Rich Campbell       Caribbean Net News "Rainbow Welcome for Gay Cruisers in the Cayman Islands"

Video                      Cayman Islands News 27

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The sad case of Neha Chhikara who jumped from the Royal Caribbean cruise on December 31, 2009 continues to receive widespread attention in India.  Her friends have expressed condolences to the Chhikara family for her untimely death.   

Newspapers in India are now reporting that the family of the accused crew member Ankit Dalal has responded to the charges.  In an article "Accused In-Laws Speak Out," the HinduTimes states that Mr. Dalal's father, Dr. Satyavir Dalal, released a statement stating that his daughter-in-law was depressed and took anti-depressant medications.  He suggested that this may have led her to suicide. 

Dr. Dalal is the chief medical officer for the Gurgaon Civil Hospital.  His statement raises issues whether there is a confidentiality privilege in India for medical information of this type.

The Indian newspapers are suggesting that an investigation may be underway in the Bahamas (which is the law of the flag, and the incident may have occurred in Bahamian waters).   

It is also reported that Ms. Chhikara (a former "air hostess" for Indigo airlines) came to the U.S. in mid December.  She had been accepted to work as a crew member aboard a Royal Caribbean cruise ship.  At the time of the incident, she had apparently not yet begun to work and her status was technically that as a "passenger."

A video from IndiaTimes is below:

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For the past many years, I have watched cruise lines respond to each disappearance at sea by blaming the passenger.

Selling Dreams of Carefree Vacations

Cruise lines like Carnival and Royal Caribbean spend hundreds of millions of dollars a year to create the illusion of carefree vacation getaways where hard working Americans can relax, let their guard down, and forget the worries of city life. Passenger "disappearances" are inconsistent with the cruise industry’s marketing image which sells tickets.

When a passenger "disappears," there are a number of possible explanations.  Was foul play involved?  Did the passenger act carelessly due to alcohol?  Was the intoxication due to the cruise line's negligence in over-serving the passenger to make the targeted profits for the cruise?  Or was the disappearance due to a plan by the passenger to end his or her life?   

The possibilities are many but the cruise lines' conclusions are few. Cruise ships are quick to attack the passengers’ character and to steer blame away from themselves when a passenger goes overboard.

Merrian Carver - Royal Caribbean Cover Up, Stonewalling, and the Big Lie

When 40 year old Boston resident Merrian Carver "disappeared" from the cruise ship Mercury operated by Royal Caribbean’s subsidiary brand Celebrity Cruises, the cruise line tried its best to cover the incident up. It didn’t report Merrian missing to either the FBI or the Alaskan State Troopers, even though the cabin attendant reported her missing early in the cruise. Merrian’s Dad, insurance executive Ken Carver, began a serious investigation. Royal Caribbean responded by lying to Mr. Carver and disposing of evidence.  Mr. Carver didn’t go away and the story went public.  The The Arizona Republic published an excellently researched and written story.  In response, the cruise line reached into its bag of tricks and pulled out a good excuse: " . . . there is very little a cruise line, a resort or a hotel can do to prevent someone from committing suicide." 

Aside of the speculation fueled by the cruise line's lawyers and PR team, there was no competent evidence whatsoever for Royal Caribbean's self serving announcement to the media. If it was a suicide, why did Royal Caribbean work so hard to cover the incident up and lie to Mr. Carver?  Indeed, there is now an issue whether a crew member was involved in Merrian's death.  

George Smith IV - Attack the Victim

I witnessed the same type of corporate thuggery while representing Jennifer Hagel whose husband George Smith of Greenwich Connecticut disappeared under suspicious circumstances during the couple’s honeymoon cruise on Royal Caribbean’s Brilliance of the Seas. For months the Hagel and Smith families patiently waited for information explaining the circumstances surrounding the disappearance of the healthy and handsome 26 year old man.

But when their frustration forced them to the press for answers, the cruise industry’s response was quick and brutal. Michael Crye, representing the International Council of Cruise Lines ( the predecessor to today’s Cruise Line International Association - "CLIA") told an AP reporter investigating the story " . . . its difficult if someone chooses to do harm to themselves . . ."

Carefully Planned Hit and Run Attacks By Cruise Line PR Departments 

These type of statements are not random or insensitive rants from low level employees. The cruise lines' PR departments carefully craft the announcements and issue them only after being run through their legal departments. The Merrian Carver "suicide" theory was issued by the Royal Caribbean corporate communications director only after being reviewed by the cruise line’s outside legal counsel. When the cruise industry faced embarrassment over Royal Caribbean's mis-handling of George Smith’s death, out trotted Mr. Crye - the vice president of the cruise trade organization and himself a lawyer. Mr. Crye issued the he-did-it-to-himself statement on behalf of the entire cruise industry (CLIA's motto is "one industry - one voice"), without a shred of evidence justifying such a conclusion.

Amber Malkuch - Holland America Lines' Attack Is Business as Usual  

The recent disappearance of Washington resident Amber Malkuch shows that little has changed. Amber was 45 when she sailed on the Holland America Line ("HAL") cruise ship Zaandam. On August 3, 2009, Amber disappeared. The usual protocol when a passenger disappears should be for the FBI or the state law enforcement authorities to board the vessel at the next port and to conduct an investigation. The period of time leading up to the cruise ship's arrival at the next port is critical because the cruise line controls the scene of the disappearance, the witnesses and all of the evidence. Before the authorities can conclude whether the "disappearance" resulted from an accident (due to the ship's negligence, or the passenger's carelessness or intoxication, or a combination of factors), foul play or suicide, they must first review the evidence and interview passengers and crew members.

But on August 4, 2009, before the Alaskan State Troopers concluded their investigation, a member of HAL's PR department and CLIA's PR team, Sally Andrews, announced to the media that Amber probably took her own life. The "suicide" conclusion was picked up by all of the major news outlets and reported prominently on FOX News and other news stations.

This surprised not only Amber’s friends and family, but it dumbfounded the Alaskan State Troopers who had yet to review photographs and video, conduct interviews or analyze toxicology reports. The Anchorage Daily News reported "Troopers Miffed at Cruise Line’s Rush to Judgment." The Seattle Post Intelligencer quoted a representative of the Alaskan State Troopers saying:

We’re the people actually looking into the exact cause of death . . . We’re the ones doing the interviews and looking at the evidence . . . And if we haven’t been able to make a determination, how can the cruise line who isn’t trained?"

Who Do You Trust?  The Alaskan State Troopers or the Cruise Line?

Does Holland America Line care about what the evidence reveals?  In the world of cruise line PR (perception vs. reality), what matters most to the cruise lines seems to be the public’s perception that cruise ships are safe rather than the reality that perhaps they are not.

Determining the cause of passenger overboards is the role of experts - the U.S. Coast Guard, the F.B.I., and other law enforcement authorities - not the cruise lines' PR departments.          

Photo credits:

Kendall Carver - photo of Merrian Carver

Kevin Wolf (AP) - photo of Maureen Smith, Michaeil Crye, Jennifer Hagel

Seattle Post Intelligencer - photo of Amber Malkuch

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