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

BVI News and BVI Platinum News continue their excellent coverage of the tragic and deadly crash of the  Princess Cruises' excursion bus in Tortola, British Virgin Islands (BVI) with an article entitled "It could Have Been Worse."

PR Nightmare

The BVI Tourist Board is trying to manage the public relations nightmare of the death and multiple injuries of U.S. cruise tourists on a bus with no seat belts being driven by a bus driver with an arrest history and prior conviction record for reckless driving nicknamed "Crash Dummy."

The Director of the BVI tourist Board, Ms. Hadassah Ward (photograph below, left), is struggling with crisis management efforts following this debacle.  Ms. Ward scheduled a press conference yesterday where she announced that "it could have been worse."

I'm not sure I understand exactly how it "could have been worse."

A young man died needlessly on a cruise excursion, purchased by his loving parents for his birthday, because of the obvious negligence of the excursion company and cruise line which saw fit to associate itself with a substandard tour company which hired a known reckless driver nicknamed "Crash Dummy" operating a bus not suited for mountainous terrain.

Ms. Ward should have said "this should have never happened."

Instead we see Ms. Ward and her "Tourist Board" worrying about the image of her island and fretting about the press and the blogs covering the tragic story.

Muzzle the Press?

Ms. Ward announced that "one of the Board’s role is to monitor the media  . . .  to ensure accurate information is being disseminated.  Ms. Ward  also said she would monitor the "posted pictures of the accident . . . because it will be there for the next 10 to 20 years . . . "

Mr Ward is quoted as saying: "everyone is reading the blogs and newspapers… so we don’t want the information to be misconstrued where people will be affected in terms of liability . . . we need to understand that the blogs are read internationally."

She also noted that "good attitude from the Tourist Board officials" quelled any videos and photographs from being circulated online by the 16 tourists who were involved in the accident.

Ms. Ward concluded her remarks by stating "I am a great believer in letting the story die naturally . . ." 

This is the essence of tourist boards and cruise line PR people - they just want the story to go away.

We reported in a prior blog that this is not the first cruise bus excursion to run off the road and injure cruise passengers in Tortola - "Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident."  Nothing was done after that disaster. 

History is repeating itself.  

Let's Be Happy & Forget about It

So we have the Tortola Tourist Board trying to puzzle the press and control the images of the tragedy for PR purposes. 

And the island and cruise line people behind the scenes just want the story to die naturally . . . 

And then what? 

Another season of substandard buses, with no seat belts, with reckless drivers . . . and another round of unsuspecting cruise passengers taking their families on the next bus driven by a "Crash Dummy"   . . .  

Comments From Tortola:

Here are some of the comments to the BVI News story that the Tortola Tourist Board is concerned with:

An accident waiting to happen is no accident. Hiring a driver with driving infractions and one of which was reckless driving to operate your tour bus is irresponsible and negligent. The owner of the tour bus too, is guilty of negligence which contributed to this vehicular homicide. Just because these tourists were given a heap of hush money as incentives not to file a lawsuit (we hope) and to keep things quiet, doesn't mean that TB should be issuing insensitive words " It could have been worse" because frankly, it could not have been worse . .

Could have been worse?? Oh it's just one life....I mean come on. You're talking about insurance and all that...I mean if we have people operating and transporting persons and they have no license to drive or no insurance to operate heir vehicles then we have a very serious flaw in the system! Don't give me that could have been worse story. With as much violations this guy should he even be driving much less responsible for transporting this many people? These are peoples lives we're talking about! 

License or no license, hiring a driver with a record of driving infractions including reckless driving, whose nickname is Crash Dummy should be good reason to revoke his license to operate a tour bus. Lackadaisical, slackness, don't care with attitude are words to describe the way business is conducted in this place from top to bottom.

March 11, 2010 Update:

Two newspaper stories from Tortola today address the efforts of the Tourist Board to assist the parents of the deceased cruise passenger, Mr. Rumphrey.  The BVI News has an article "BVITB Reports on its Efforts to Assist Family of Tourist Killed in Road Accident."  The BVIU Beacon also reports on the Tourist Board's efforts to assist the affected passengers in an article "BVITB Aids Family of Man Killed in Wreck."  Ms. Ward is quoted saying: "Yes, bad things do happen in paradise, but when they do happen, you have a support group.”

Credits:

Photograph of Ms. Ward         BVI News

Photographs of bus                   BVI Platinum News    

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A story in the BVI Platinum's newspaper indicates that the cruise excursion bus driver Roland Allen, nick-named "Crash Dummy," had been convicted of driving offenses - including reckless driving - before the ill-fated Princess Cruises excursion bus crash. 

We suspected this, as we raised this issue in a prior article "How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?"

Compelling Record of Bad Driving?

In an article " Allen's License Suspended, Independent Mechanic to Examine Bus," the newspaper reveals an exchange between the bus driver's lawyer and the criminal Magistrate presiding over the matter. The lawyer for Mr. Allen pleaded the Magistrate not to suspend Mr. Allen's license.  In response, the Magistrate:

 ". . . lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. 'The allegations are compelling' she stated."

The newspaper also reports on a curious plea by Mr. Allen's lawyer who "told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood."  This argument ignored the fact that the cruise line had already suspended the tour in question, the "Tropical Forest Hike and Beach" excursion, as previously reported in USA Today.  The Princess Cruises' website states: Tropical Forest Hike & Beach***Cancelled***

The Magistrate ruled that given Mr. Allen's previous convictions, "it is not wise to allow him to return behind the wheels." 

Was It Wise to Permit "Crash Dummy" Behind the Wheel In The First Place?

Cruise lines have certain legal duties to their passengers.  The cruise line must conduct an investigation into the safety procedures of the tour company and audit the tour's safety record.  This includes not only inspecting the excursion company's buses but inspecting the driving records of the tour company's drivers.  Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line.

Princess Cruises advertises the excursion bus going to the "highest peak in the Virgin Islands."

Why did the cruise line permit a driver - known in the community of Tortola as "Crash Dummy" and reportedly convicted of reckless driving - take cruise passengers through this steep mountainous terrain?  Why didn't the cruise line warn its passengers of these dangers before charging them $59 a piece for the excursion?

Credits:

Tropical Forest Hike and Beach         Princess Cruises

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In an article entitled "Taxi Driver Granted $60,000 Bail - License Suspended," BVI News in Tortola, British Virgin Islands (BVI) reports that the driver of the Princess Cruises excursion bus arrested for reckless driving and causing death by reckless driving has been offered bail in the amount $60,000.  The Magistrate set bail of $25,000 cash and a $35,000 surety.

BVI citizen Roland Allen was arrested following the crash of a bus carrying cruise passengers from a Princess Cruise ship on an excursion into Tortola. The accident occurred as the cruise excursion bus was descending a very steep road called "Windy Hill Road." 

The Magistrate suspended Mr. Allen's license, pending the outcome of his trial regarding the death of cruise passenger Aaron Rumphrey who died in the crash.  

The BVI News reports that Mr. Allen's next court appearance is March 25, 2010.

"Crash Dummy" Arrested For Theft?

BVI News previously reported that the excursion bus driver is known as "Crash Dummy," a nick-name Mr. Allen apparently obtained before the fatal cruise excursion bus accident.

An online "Police Blotter" indicates that "Roland Allen of Baughers Bay" was arrested for theft in July of last year.  There are no details online available to explain the nature of the alleged theft, or how the charges were resolved. 

The comments to the online reports refer to Mr. Allen as "Crash Dummy," suggesting that Mr. Allen's reputation as a "crash dummy" existed before the terrible cruise line excursion accident. 

How Did "Crash Dummy" Earn His Nick Name?

The question remains how and when Mr. Roland earned the unenviable label of being a "crash  dummy?"  Has the cruise excursion driver been involved in other accidents?

A clue may be found in the comments of a reader of the BVI News:

"When you hire a driver that you know (or should know) is a reckless driver, he has been involved with the law several times because of his driving habits and you know that around town his name is "Crash Dummy", and you have not informed unsuspecting customers by placing a sign on the bus "Ride at your own Risk, Dangerous Driver" then you are as guilty and responsible for the outcome and should be in Balsum and your company shut down immediately. You, the driver and the BVI Government share the responsibility for this travesty and the lawsuits will be piling up, no doubt."

Why Did Princess Cruises Permit Cruise Passengers To Be Driven By "Crash Dummy?"

It is an understatement to say that it is reckless for the cruise line to herd unsuspecting cruise tourists into a bus without seat belts to be driven over a steep hill by a driver called "Crash Dummy" with a police record and apparently a history of driving violations.

Mr. Allen's driving record and police history will become a focus of investigators.  We will be discussing this outrageous situation created by Princess Cruises in our next blogs.

A Hero or Villian? 

Another newspaper in BVI, the BVI Beacan, reports that the prosecutors in Tortola intend to prove that Mr. Roland was driving recklessly.  The newspaper quotes the prosecutor saying: 

“The vehicle started to accelerate and despite efforts, the driver was unable to bring the vehicle to a stop . . .  We are claiming that his driving was reckless because he was going at a speed at which he was unable to control the vehicle . . . a loud screeching was heard from the brakes . . .  [Mr. Allen] ought to have known” about any problems with the excursion bus.

However, Mr. Allen's defense lawyer argued to the Court that when his client "started down the hill, he put the bus into second gear but realised there were no brakes. He tried pumping the brakes but the vehicle sped down the hill, not because of Mr. Allen’s actions, but because it was heavy with the tourists’ weight."

“He had no alternative but to put the bus in those ruins. If he’d done anything else he would have gone off the hill. He should be commended.”

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In our first article regarding the excursion tour bus accident in Tortola, we explained that while Princess Cruises sent "customer care" representatives to the island to meet with the survivors of the crash - the cruise line also sent Miami defense trial lawyers to defend the cruise line's interests. 

The Cruise Line Gets Lawyered Up

The attorney heading up Princess Cruises' defense is Jeffrey Maltzman from the Maltzman Foreman law firm in Miami. Mr. Maltzman is an experienced and skilled trial lawyer who routinely defends cruise lines and excursion companies in high profile trials. 

Mr. Maltzman is best known for his successful defense of Cunard Line and Fun Water Tours following the crash of an excursion truck in Tortola British Virgin Islands (BVI) in November 2005.  The case  is highlighted in an article appearing in the National Law Journal entitled "Defense Team Found the Needle in the Haystack." 

The article explains that 8 cruise passengers from Cunard's Queen Mary 2 visiting Tortola were injured when the brakes of the excursion truck failed, causing the vehicle to crash in the side of a mountain.  The issue of the brake failure and whether the excursion company and cruise line knew of the brake problem were the central focus of the trial.  As the article explains, millions of dollars in compensation were at issue.    

Although the article explains that "odds were overwhelmingly against" the cruise line at the beginning, Mr. Maltzman and his partner, Jeffrey Forman, successfully defended the case.  Mr. Foreman is quoted as saying "there's a saying that pigs get slaughtered . . . If you make them look like they're greedy . . .  that usually has an impact.  So we tried to paint them as greedy, exaggerating, malingering."  The tactic worked, as the jury decided against all of the cruise passengers and Mr. Maltzman won a defense jury verdict for the cruise line and excursion company.  

Princess Cruises Denies Brake Malfunction?

Mr. Maltzman has been on the Caribbean Princess cruise ship this week interviewing the passengers injured in the latest excursion crash in Tortola.  His firm has what is called an "Emergency Response Team" where defense lawyers are scrambled to respond to cruise disasters.

Some passengers suggest that a "customer care" representative from Princess and Carnival introduced Mr. Maltzman as an "independent investigator" (although Mr. Maltzman identified himself as a lawyer for the cruise line).    

Mr. Maltzman is reportedly telling some of the passengers that the tour bus' air brakes were checked out by investigators and no problems were discovered.  It is less than clear whether the investigators were retained by the police or the defense lawyers on behalf of the cruise line. 

The defense strategy is already taking shape - the cruise line will deny that the accident was due to brake failure or any defect in the excursion bus or, if there was a problem with the brakes, neither the driver nor the excursion company or cruise line knew about it beforehand.  Princess Cruises will argue that it should not be responsible because this was just an isolated incident due to the momentary carelessness of the bus driver. 

Or in other words, the bus driver may turn out to be the "fall guy."

The Bus Driver Gets Lawyered Up

BVI Platinum News, which is providing excellent coverage of this tragic accident, reports that the bus driver, Roland Allen, retained a defense lawyer, Stephan Daniels.  BVI News reports that Mr. Allen is also known as "Crash Dummy."   

Mr. Daniels appeared in Court yesterday in an effort to try and get his client out of jail, following his arrest two days ago.  In an article entitled "Mechanical Problems May Have Caused Tuesday's Accident,"  BVI News describes what the bus driver's lawyer argued to the Court:

"Daniels told the court that his client was not aware that there was a brake malfunction when he was going down the hill, however as he applied the brake, he realized that it had failed.

Further, Daniels told the court that once Allen realized what was occurring, he tried his best to avoid the accident by gearing down, while attempting to brace the vehicle to the side of the hill to slow down the bus.

Daniels explained that the vehicle collided with the foundation of a church ruin and toppled. The Lawyer said that if this was not done, the accident could have been worse.

He said that it was clearly a mechanical malfunction that resulted in the accident and his client was not reckless."

The Court nonetheless declined to release Mr. Allen, but will consider the matter further at a hearing on March 2nd.

The Cruise Continues

Although none of the passengers have even ended their ill fated cruise, the defense lawyers for the cruise line and bus driver are posturing to defend their clients.  Princess Cruises has an excellent lawyer in Mr. Maltzman who has won this type of case before.  The bus driver should hope that his defense lawyer is equally talented.

Credits:

Jeffrey Maltzman       Superlawyers

Excursion Bus           BVI Platinum News

Roland Allen             BVI Platinum News  

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13WHAM in Rochester, New York has a story on Aaron Rumphrey, who passed away during a shore excursion in Tortola, British Virgin Islands.  He had been cruising with his parents.  Written by Elizabeth Schubert, the article is entitled "Easy, Gracious Man."

Mr. Rumphrey attended classes at the Cobblestone Arts Center in Farmington, New York. His teachers and friends there remember him as "just a sweet young man." 

The director of the center is quoted as saying that Mr. Rumphrey "was very creative, loved stories, creating stories, had a great sense of humor. He would always make jokes with the other students."

The article also mentions that the center is planning a tribute for Mr. Rumphrey, and may create a scholarship or name a dance studio at the center after him.

Credits:

Article                              Elizabeth Schubert 

Photograph                   13WHAM Rochester, New York

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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

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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 
 

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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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Nassau's venerable newspaper, the Nassau Guardian, published two interesting headlines in its weekend edition.

The first headline was "Oasis Makes Grand Arrival."

The second? "Record-Breaking Murder Count."

The newspaper reports that the arrival of Royal Caribbean's new mega-ship Oasis of the Seas brought out the Government of the Bahamas in great display. 200 government officials were in attendance as the Oasis arrived in Nassau Harbour. 

Prime Minister Hubert Ingraham presided over a "Plaques and Keys" ceremony welcoming the cruise ship to the country.  The Prime Minister boarded the ship along with hundreds of government officials to meet and greet Royal Caribbean International President Adam Goldstein and the Master of the vessel, William Wright.

The newspaper also reports that the Bahamas Defense Force Band played with great fanfare, as it welcomed the 4,000 Royal Caribbean passengers into the country.

Perhaps it was only fitting that the Bahamas had a military band in attendance given the recent high profile robberies of cruise passengers.  29 passengers were robbed at gunpoint in Nassau in the last two months, including Royal Caribbean passengers who paid for cruise sponsored excursions. 

We have reported on this before in Bahamas Cruise Crime Nightmare Continues.  

The newspaper quotes the new Commissioner of Police, Ellison Greenslade, that crime in the Bahamas is at a significant and unacceptable level:

"This year our country has experienced one of the highest murder rates in its entire history. Individuals are now concerned because crime has crept into our number one industry [and] the lifeblood of our economy, tourism. The Royal Bahamas Police Force is mandated to act and act we must."

The Bahamas has invested heavily into its relationship with Royal Caribbean.  It just spent over $40 million dollars to dredge the port to accommodate the cruise line's new mega-ship. 

There are around 2 million cruise passengers a year who venture into Nassau, each spending at least $100 in addition to the head taxes. 

An article in the Bahamas Tribune entitled "Welcome Oasis" suggests that the number may be as high as 2.8 million cruise passengers who enter the Bahamas. Each cruise line collect tens of millions of dollars selling excursions into the Bahamas. 

Cruise tourism in Nassau is big business.  Hundreds of millions dollars exchange hands between the U.S. passengers, the Miami based cruise lines, the Bahamian government, and the local vendors in Nassau.

But If substantial monies are not wisely invested into additional and better trained police officers to protect the cruise tourists (not to mention the citizens of the Bahamas), the headlines of the Nassau Guardian may be:

"Crime Increases" and "Oasis Makes Grand Departure."   

Credits:

Nassau Guardian                              Nassau Guardian

Bahamas Government Officials      BIS photo/Derek Smith via The Bahamas Weekly 

Bahamas Defense Force Band      Robin Whachell via the Bahamas Weekly

Oasis of the Seas                               BIS photo/Derek Smith via The Bahamas Weekly

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The Chicago Sun Times has an article today regarding the impact of crime against cruise passengers in the Bahamas.  The article is entitled "Sometimes, it's not better in the Bahamas - Armed robberies in Nassau have tourists, cruise lines on the defensive."

The article is by a Disney cruise passenger, Carney Milne, who took the now infamous Segway tour into the 160 acre nature preserve called "Earth Village" last month.

Ms. Milne toured the preserve with eight other passengers from Disney's cruise ship, the Wonder.  Two hooded and armed gunmen forced her and the other passengers to the ground.  She vividly describes that she was "paralyzed by fear" as one gunman pumped his shotgun and later fired a warning shot as he robbed the passengers of their valuables.

The robbers then turned their guns on nine cruise ship passengers, from Royal Caribbean’s Navigator of the Seas, after they arrived on the scene riding their Segways.

After the robbery, the Bahamian police repeatedly told her that “this never happens in the Bahamas. Never.”  But after returning to the U.S., she learned that’s not true. She reports that "an almost identical mass armed robbery took place a month earlier at Queen’s Staircase, another popular tourist destination. Eleven cruise passengers were held at gunpoint and robbed of their cash, jewelry and other belongings."

We discussed the "Queen's Staircase" armed robberies in October - Eleven Cruise Passengers Robbed in Nassau.  No one else in the U.S. covered this brazen armed robbery of cruise tourists in downtown Nassau on a beautiful Sunday morning. 

The New York Times recently ran an story called "When Crime Comes to Paradise."  Written by Michelle Higgins in the Times' "Practical Traveler" section, the article suggests that crime is rising in Belize, Dominican Republic, Trinidad & Tobago, and St. Lucia. 

Just yesterday we reported on 14 Cruise Passengers Robbed at Anse-La-Raye Waterfall in St. Lucia. 

Again, no newspaper in the U.S. covered this story of cruise passengers being robbed while on a cruise sponsored excursion.

I was quoted today in the Chicago Sun Times article saying: "This isn’t random — these cruise tours are being targeted . . . you’re not going to be targeted for armed robbery as a cruise tourist on a ship from Seattle to Alaska. It’s more of a reflection of what’s happening in the Caribbean and the poverty that exists outside of the city limits, and people who are desperate for money.”

Now, the tourism boards in St. Lucia and the Bahamas are not going to be happy with stories like these.  But the fact of the matter is that 43 cruise passengers have been robbed at gunpoint in the last two months.

The Bahamas still sell t-shirts claiming that its "Better in the Bahamas."  And the cruise lines keep these crimes secret as they make hundreds of millions of dollars selling excursions to unsuspecting guests who are offloaded into increasingly dangerous ports of call. 

Credits

"Caribbean Crime and Violence"    Douglas A. Lawson

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The St. Lucia Star newspaper reports that on December 9, 2009, 14 "cruise ship visitors" and tour guides were robbed at gunpoint at a popular tourist attraction in St. Lucia. I learned of the incident on Professor Ross Klein's website "Cruise Junkie."

The incident occurred at the River Rock Waterfall in Anse-La-Raye.

The newspaper reports that 14 tourists had traveled in a tour to the waterfall.  They were in the process of boarding a "safari jeep," in preparation to return to the cruise ship. Four masked men armed with firearms and knives approached the cruise passengers and robbed them of their jewelry and cash.  One of the tour guides was physically injured. 

Anse-La-Raye is a beach village where fishing boats are pulled up on the beach by the main street next to rum shops and small restaurants.  The community is known for its outdoor "Friday fish fry" and Piton beer.  The Anse-La-Raye website describes the waterfall as the "perfect place to spend several hours in quiet reflection.  There is often a local musician strumming his guitar and singing soulful reggae numbers in a quiet salute to Bob Marley."

However, there are multiple accounts of violence in Anse-La-Raye as well as near the port.  A couple of years ago, Canada's "Next Top Model" and her traveling companion were robbed in Castries, St. Lucia after walking a short distance from the cruise ship - "Model's Paradise Turns into Nightmare."  After reporting the robbery, the Canadian passenger complained that "both the local police and the cruise line offered little assistance or sympathy."

"I don't want this to happen to anyone else . . . I think the cruise ship should have warned us."

This sparked a heated discussion on the popular CruiseCritic site about crime in St. Lucia and whether the crimes were being covered up.

Earlier this year, four crew members from a private yacht Diamond Girl were robbed at gunpoint while hiking near Anse-La-Raye. 

In an article entitled "Caribbean Crime," Dockwatch (described as "the essential site for captains and crew") reports that crime on St. Lucia has sparked particular concern in the Caribbean. “The St Lucia government has ordered the police to take back the streets following the murder of six persons and an open threat from criminals to assassinate law enforcement officials,” said Edwin W. Carrington, Secretary-General of the Caribbean Community (CARICOM), in his opening remarks at the Conference on Youth, Crime and Violence in St. Kitts and Nevis last June.

Violence in Anse-La-Raye is also described in this YouTube video entitled "Talking crime in Anse-La-Raye:" 

We have discussed the legal liability of cruise lines when cruise passengers are robbed or murdered during excursions into ports of call in the Caribbean.  

Norwegian Cruise Line Passenger Murdered in Guatemala

Eleven Cruise Passengers Robbed in Nassau

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

Bahamas Cruise Crime Nightmare Continues

St. Lucia is one of the regular ports of call for Carnival and Royal Caribbean cruise ships (shown below):

Credits:

Anse-La-Raye & St. Lucia port (Castries) Julie Leigh of Oxfordshire LEA

Anse-La-Raye fish fry            canadianworldtraveller.com

YouTube video Anse-La-Raye crime    Salaison

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The fall-out from last Saturday's robbery of 18 Royal Caribbean and Disney cruise passengers on the Segway Tour at "Earth Village" continues.  The Tribune, Bahama Journal, and Nassau Guardian newspapers have reported daily on the crime spree in the Bahamas and the inability of the government to do anything about it.

Fort Lauderdale's Sun Sentinel newspapers also recently reported on the cruise crime in an article entitled "Bahamas Security to be Beefed Up After U.S. Cruise Ship Passengers Robbed."

A Terrifying Near Death Experience

The cruise lines' PR departments initially released statements claiming that no one was injured.

Yet, recent interviews of cruise passengers reveal that some of the passengers were kicked, pushed, hit, and terrorized. 

A Royal Caribbean passenger reported being kicked by one of the robbers who discharged his shotgun as she laid on the ground.  The passenger was terrified that she would be murdered.  In an article in the Nassau Guardian entitled "Visitor from Ireland Tells of Ordeal with Gunman,"  she described one of the robbers instructing her: 

"Get your head down bitch' and he fired off a shot, which was just beside me. It hit the ground just beside me."

Another passenger from a cruise ship provides a graphic first hand account of the robbery in an article on AOL Travel entitled: " Danger In Paradise: I was Robbed at Gunpoint in the Bahamas."  She indicates that the Bahamian  police falsely told her after she was robbed that " this never happens here. Never."

Connection to Last Month's Crime?

The Bahama Journal's article "Tourist Robberies May Be Linked," suggests that there may be a connection between this crime and the robbery of 11 cruise passengers at the "Queen's Staircase" in downtown Nassau.  If you have not heard of this prior crime, its because no one in the U.S. reported on it and the cruise lines kept it a secret from their own guests.

We reported about this robbery last month and commented that most cruise lines are aware of crime problems in the ports which they choose to disembark their passengers, but they don't  warn passengers in order to maximize excursion sales.

Inside Job?

The Tribune indicates that a representative of Bahamas Association for Social Health (BASH), Mr. Terry Miller (below, left) , suggests that the latest robbery may have been an "inside job," although he declined to elaborate.  It is obviously suspicious that these two robbers would know exactly where and when to go in a 160 acre preserve to rob two groups of cruise passengers. 

"Chaotic Crime Nightmare" 

A popular Baptist preacher in the Bahamas, Bishop Simeon Hall (right), was interviewed about the crime problem and the recent attack on the cruise tourists. He is quoted in the Tribune newspaper as referring to  the "current crime nightmare" in the Bahamas as well as the "anarchy and chaos" of the Bahamian society. 

He criticizes the inability of the government to focus on issues of protecting the local citizens and tourists against crime.  Bishop Hall proposes a crime coalition to address the problem.

Serious Crime Up & The Police Release A Suspect

Today's Nassau Guardian reports that robberies in the Bahamas have increased 25% since last year. The Bahamian police are quoted as stating that there has been an increase in violent crimes like armed robbery and murder since July 1st of this year. Meanwhile, the newspaper indicates that the police released a suspect arrested in the "Segway" cruise excursion because of "insufficient evidence."   Police are not questioning any other suspects, the newspaper reports.

A 50% Cruise Discount & A Complimentary Excursion Tour?

The Tribune quotes Bahamas government official Mr. Miller as saying that "he would be willing to offer a complementary tour of the site to the victims."   And the popular cruise community Cruise Critic indicates that Royal Caribbean thinks its reasonable to "compensate" the victimized passengers with just a 50% off-your-next-cruise-with-us coupon.    

The trend of violent cruise crimes continue.  Yet,  the cruise lines remain clueless.

Who on earth would want to pay even 50% of the cruise fare to return to Nassau and visit the tour where you were robbed by shotgun? 

Credits:

Newspaper    The Tribune, Nassau

Bishop Hall photograph    New Covenant Baptist Church

Terry Miller photograph   The Tribune, Nassau

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Lawyers USA (@LawyersUSA) just published an interesting article entitled  "Federal Cruise Ship Bill Pending in Congress but Plaintiff's Lawyers Say Measure doesn't Hold Water."  Written by Sylvia Hsieh, the article discusses what's new in the specialized field of cruise ship litigation. 

The article features our firm and our clients and friends.  

Cruise Crime

The article first mentions the Cruise Vessel Security and Safety Act of 2009 which will require peep holes on passenger doors, technology for overboard passengers, mandatory reporting of shipboard crimes, and training for crime scene preservation in light of the large number of shipboard rapes on cruise ships. 

Firm client Laurie Dishman, friend Ken Carver, and the International Cruise Victims ("ICV") organization are credited for spearheading the legislation.  Ms. Dishman and Mr. Carver were victimized by cruise line giant Royal Caribbean in separate cruise incidents. Ms. Dishman was a victim of sexual assault on Royal Caribbean's Vision of the Seas cruise ship in 2006.  Mr. Carver's daughter Merrian disappeared in 2004 during a cruise aboard the Mercury, operated by Royal Caribbean's subsidiary Celebrity Cruises.

In both cases, the cruise line tried to cover the incidents up and treated Ms. Dishman and Mr. Carver dreadfully.  In response, Mr. Carver created the ICV which advocates safety for passengers on cruise ships.  Ms. Dishman is on the ICV's Board of Directors. 

The cruise safety bill should be voted on by the House of Representatives as early as next week. 

The article points out that the proposed legislation falls short in a number of areas.  The bill originally included an amendment to the Death on the High Seas Act (DOHSA), which currently deprives damages to family members of passengers or crew members who die in international waters.  I have written about DOHSA in a previous blog entitled "The Death on the High Seas Act - Screwing American Passengers for 89 Years." 

The cruise industry's trade organization Cruise Line International Association (@CruiseFacts) killed the amendment after spending millions of its tax-free-money to lobby Congress. The article refers to CLIA lawyer Michael Crye, who admits the cruise industry opposes amending DOHSA "but he could not provide a reason for the opposition."

This is typical of CLIA's lack of candor.  The cruise industry opposes amending DOHSA because families will finally be fairly compensated when a loved one is killed on a cruise.  Cruise lines simply wish to avoid paying the compensation.

The article quotes Los Angeles attorney Michael Ehline, a good friend of the firm, that foreign flagged cruise ships consider themselves to be countries unto themselves.

"Arbitration" of Crew Member Cases

A hot topic in the world of cruise law is arbitration of claims involving injured crew members, who comprise over 98% of the cruise industry shipboard work force. All cruise lines are now forcing crew members to pursue their claims in arbitration, where the crew members lose the right to a jury trial. Some cruise lines are requiring the arbitration to take place in either the country of the flag of the cruise ship or the crew member's home country.   

This is pretty much a joke, and some cruise line defense lawyers agree privately.  This is why the article states that "attorneys for Royal Caribbean, Princess Cruise Lines and Norwegian Cruise Lines did not return calls seeking comment for this article."  

The Court of Appeal for the 11th Circuit recently held that, in certain circumstances, cruise lines may compel the crew member to arbitration outside of the U.S.  However, they cannot take away all of the crew member's rights by trying to apply foreign law.

Injuries and Death of Cruise Passengers During Cruise Sponsored Excursions 

The article also addresses injuries to passengers during excursions.  The law requires cruise lines to exercise reasonable care in selecting shore excursions for its passengers.  Cruise lines are required to properly investigate whether the excursion companies have a good safety record and operate the excursions responsibly.

We have handed a wide variety of "excursion cases," including cases where passengers have been sexually assaulted ashore and even during snorkeling and diving excursions.

CLIA's lawyer Mr. Crye is quoted as gleefully saying that it is  a “difficult stretch to attempt to hold a cruise line liable for activity that occurs on an excursion operated by a different company in a foreign country.” However, cruise ships collect hundreds of millions of dollars promoting cruise excursions.  Cruise lines face accountability when dangerous excursions kill or seriously injure passengers.

The article also refers to cruise line lawyer Darren Friedman, a partner with Miami's Maltzman Foreman law firm, which represents numerous cruise lines. His firm defended Royal Caribbean in the high profile cases involving Ms. Dishman and Mr. Carver.

Whenever we see Mr. Friedman or his firm involved in a case, the cruise line is usually guilty as hell. 

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