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

With Carnival under a microscope, the cruise line continues to experience bad PR as yet another Carnival cruise ship experienced a mechanical failure.

The Chicago Tribune reports that last weekend, the Carnival Elation had to get a tugboat escort down the Mississippi River after a mechanical problem.

In the last 2 months, four of Carnival's ship suffered full or partial power failures, the Triumph, Dream, Legend and the Elation. 

It's early in the year, stay tuned.

March 16 2013 Update:  That didn't take long: Yet Another Carnival Cruise Ship Flounders - P&O Ventura Suffers Propulsion Problems
  

Photo Credit: Vacay.ca / Why You Should Say No to a Vacation Cruise 

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CNN reports that  the Carnival cruise ship Legend is experiencing mechanical problems that are affecting its sailing speed, the latest in a growing list of woes for the cruise line.

The Legend was on the last part of a seven-day Caribbean cruise that departed Tampa on Sunday. 

The cruise ship had to be escorted by a tugboat because of a malfunction in its steering system. 

A problem with one of the Azipod units on the Legend has caused Carnival to cancel a scheduled stop in Grand Cayman in order to try and return back to Tampa, Florida on time on Sunday.  One passengers is quoted saying: "Passengers are now really pissed off. Mood on the ship is getting worse among passengers, captain is giving limited information."

Cruise expert Ross Klein first reported the problems with the Legend in his blog earlier this week.

CNN aired an interview with an analyst stating that in light of the problems with the Triumph, the Dream and now the Legend, problems "run deep" at Carnival. There are problems with a lack of preventative maintenance and management issues. 

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A newspaper in Jacksonville reports that a local resident sailing on a Carnival cruise died earlier this week during a stop in Cozumel Mexico.   Andrew Wooten, age 50, was reportedly swept away by an undercurrent and drowned. 

Mr. Wooten was the president of Safety Awareness Firearms Education, a firm that conducts training. He was providing continuing education courses on the cruise. 

According to the newspaper, Wooten apparently drowned during an  excursion after sailing to Mexico on the Carnival Elation cruise ship. 

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A couple of days ago I wrote a blog about the police in the Cayman Islands making an arrest of a local man who allegedly sexually assaulted a cruise passenger who was visiting the island.

The newspaper article that my blog was based on was very vague and mentioned only that the alleged rape occurred on July 27th and the arrest occurred some three weeks later.  It took almost a month later after the arrest before the newspapers in the Caymans covered the story.  There still is no mention of where the incident occurred other than "in the George Town area."  

A reader of my blog alerted me that an article from another media source in the Cayman Islands, Cayman News Service, contained a bit more information. The article "Visitor Sexually Assaulted" states that the only cruise ship in the Cayman Islands was the Carnival Elation and the cruise passenger was a "teenage visitor (who) was assaulted during an onshore tour."

There are some interesting comments to the article written, presumably, by people in the Cayman Islands.  The first two comments are "Been here 30 years. Not new" and "Alot of rapes happen here and not reported or covered up."  

Other comments raise the issue why this crime was not reported earlier and why the police is not disclosing exactly where it occurred. I find it fascinating that the police did not disclose the name of the cruise ship, and it was only by deduction that the Cayman News Service figured out that the victim was from a Carnival cruise ship.

Last week I wrote an article about a case we are handling where a federal appellate court re-instated a lawsuit against Carnival arising out of its failure to warn a family of dangers ashore in St. Thomas leading to the shooting death of their 14 year old daughter.  The 11th Circuit Court of Appeal held that cruise lines like Carnival owe a duty to warn passengers of crime in ports of call that they are aware of or should be aware of. 

Crime in the Caribbean islands is a problem. Cruise lines promote the ports of call as tropical paradises. Passengers who are lured into the world of cruise fantasies often lower their guard. Cruise lines and the tourism bureaus in the islands are notorious for covering up crimes so as not to hurt their business. 

Did the alleged rape in the Cayman Islands occur during an excursion advertised and sold by Carnival? Has the cruise line warned other families of the crime over the course of the last two months?  Are other cruise lines which unload passengers in the Caymans warning their guests?

Photo credit: Jim Walker

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The U.S. Coast Guard has been busy rescuing ill people from cruise ships in the past few days.  Last week Coast Guard helicopters flew over 1,000 miles round trip to save lives.  

Last week started off with the Coast Guard medevacing a 40 year old male crew member from a Celebrity cruise ship approximately 290 miles off the eastern coast of the U.S.  That's a long way to go to rescue a sick person and then return!

The Celebrity Summit notified the Coast Guard, via VHF channel 16, that  one of its crew members was suffering from abdominal pain and was in need of medical attention.  The Coast Guard 5th District duty flight surgeon consulted with the medical officer aboard the cruise ship and recommended a medevac.

Rescue air crews from Elizabeth City, North Carolina launched a MH-60 Jayhawk helicopter and an HC-130 Hercules aircraft.  With the Hercules crew providing radio and air cover, the Jayhawk hoisted the man and a ship's nurse aboard the helicopter and took them to Sentara Norfolk General Hospital.

Later in the week, A 72 year old female passenger was medevaced by a Coast Guard helicopter from the Carnival cruise ship Elation approximately 250 miles south of Mobile Bay in the Gulf of Mexico, according to the U.S. Coast Guard. The passenger reportedly experienced kidney problems.

The Eighth Coast Guard District command center in New Orleans received a maritime satellite call from the Carnival Elation and launched a MH-60 Jayhawk helicopter.  The aircrew transported the sick passenger to Mobile, Alabama where she was treated at Providence Hospital. 

Who pays for these extraordinary services?  Me and you (if your a taxing paying U.S. citizen)  None of the cruise lines pay U.S. taxes on their $35,000,000,000 (billion) in revenue, so the expense of the Coast Guard to rescue people from the foreign flagged cruise ships is borne by all us in the U.S.   

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

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

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

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

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

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

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

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

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

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

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

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News sources are reporting that a nineteen year old passenger was arrested for sexually assaulting a minor during a cruise aboard the Carnival Elation cruise ship.  Dylan Cole Bloodsworth (photo left) of Gautier, Mississippi was arrested by the FBI for abusing a minor while the cruise ship was sailing in international waters.  The United States Attorney’s Office for the Southern District of Alabama will prosecute this matter, which was investigated by the FBI, Mobile Division.

The disturbing thing about this incident is that Mr. Bloodsworth was arrested a month ago for allegedly threatening to harm a 13 year old girl and her family unless she agreed to have sex with him. 

In an article entitled "Facebook Friendship Leads to Sexual Battery Charge" published on March 8, 2011, GufLive.com reported that Ms. Bloodsworth (photo right) faced "a sexual battery charge after Jackson County Sheriff's Department officers arrested him . . . " 

"The sheriff's office said parents of the alleged victim contacted them on February 23, 2011 alleging that Bloodsworth threatened to harm their 13-year-old daughter and her family unless she had sex with him. The suspect and the child met on Facebook, an investigation revealed."

Bloodsworth had been transferred to a detention center.  The article indicates that Bloodsworth would remain incarcerated "until Judge T. Larry Wilson sets his bail."

It appears that Mr. Bloodsworth may have been on bail when he went on the cruise following the first incident arising out of the Facebook "friendship."   His Facebook page indicates that he was looking forward to going to Mexico early last month, just ten days after being arrested for the February 23rd incident.

Usually criminal suspects are not permitted to leave the jurisdiction when on bail, especially to go on a cruise ship with many minors.    

Cases like this should be a reminder to parents that cruise lines do not conduct background checks on passengers who sail on cruise ships.  The teenager in the cabin next to your family could be out on bail for abusing children ashore.   

Photo credits:

Top:  AL.com

Bottom:  GulfLive.com

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The San Diego Union Tribune reports that federal prosecutors are considering seeking the death penalty against a passenger who is charged with beating his wife to death while on a Carnival cruise last summer.

The newspaper reports that the U.S. Attorney’s Office in San Diego charged Robert John McGill with first-degree murder and kidnapping of his wife, Shirley.

Mr. McGill is charged with beating his wife to death in their cabin aboard the Carnival cruise ship Elation on July 14, 2009. The newspaper reports that court records quote witnesses as saying Robert McGill appeared extremely intoxicated - not an uncommon occurrence on cruise ships.

Mr. McGill also reportedly admitted killing his wife to passengers, cruise ship line employees, and FBI agents who arrived on the cruise ship. 

The Los Angeles’ Daily News previously reported that “Defendant Robert McGill stated he killed his wife in the bathroom of their cabin with his bare hands,” according to a criminal complaint filed by a FBI special agent. 

An autopsy conducted by the San Diego County medical examiner concluded that Ms. McGill died of strangulation and blunt force injury to her head and body.

According to the Cruise Ship Forum, Carnival stated that notwithstanding the murder and the arrival of 20 FBI agents, the Elation’s scheduled departure would not be delayed.

Mr. McGill is shown to the right being escorted off the crew gangway by a FBI agent, as passengers are seen boarding the passenger gangway above to begin their cruise on schedule.  

Carnival's motto: Load em' off, load em' in.  Let the drinking begin . . .     

Credits:

Robert John McGill with FBI      L.A. Times

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

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