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

Mail Online in the U.K. is reporting on the disappearance of what is described as an "elderly" passenger who was traveling alone on the Balmoral cruise ship operated by Fred Olsen Lines.

The story made the news when the cruise ship returned to the port of Southampton after an eight day cruise in the Norwegian fjords.  Around 1,000 passengers were detained on the cruise ship while authorities showed photographs of the missing passenger and questioned them whether they had any knowledge about the passenger.

The detaining of passengers is somewhat unusual because most cruise lines and investigating agencies let the passengers disembark without ever questioning them.

The newspaper article indicated that the passenger was in his late 70's or early 80's and also referenced a "note which was discovered by a cabin stewardess."

The passenger was apparently last seen around 9:00 PM on Sunday night, and was discovered missing yesterday morning.

Does the presence of a "note" and the fact that the passenger was elderly suggest that he committed suicide?  I don't know.  What is the height of the rails?  Was he over-served alcohol?  Where are the CCTV images if the passenger went overboard, voluntarily or involuntarily?

We reported on the disappearance of an eighty year old passenger last year from the Balmoral, without explanation.  Did the cruise line improve its CCTV capacities following that incident?

This incident occurred as the parents of missing Disney Cruise youth counselor Rebecca Coriam appealed to the U.K. Shipping Minister to introduce tougher laws to protect British citizens from crimes at sea, as we mentioned in an article yesterday.

Last year, the Balmoral was dubbed the "Cursed Cruise Ship of the High Seas" following a series of norovirus bouts which sickened hundred of passengers and crew.  The Balmoral also narrowly averted disaster when it was attacked by pirates last year.   

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CruiseCritic reports that a passenger whose husband died after contracting Legionnaires' Disease during a cruise aboard Fred Olsen Lines' Black Watch (who would name a cruise ship, Black Watch?) received a settlement after three years of litigation.

Audrey Heath, from the U.K. sailed with her husband, Robert Heath, on the Fred Olsen cruise ship when a number of passengers were affected by the illness while onboard. The cruise line ended the cruise early, Mr. Heath went to see his local doctor, who performed no tests, and sent Mr. Heath home with antibiotics. He died at home the next day.

An inquest ruled that the cruise line exposed Mr. Heath to Legionnaires' Disease, and his doctors failed to provide appropriate medical treatment or admit him to a hospital.  Following the decree relating his death to Legionnaires aboard the cruise ship - the cruise line and shoreside doctors agreed to a settlement. 

Ms. Heath received a £70k settlement (a little over $100,000), a small amount for wrongful death by U.S. standards. 

The Fred Olsen Lines are in the press quite a bit for many cases of norovirus, which also can be traced to improper cleaning protocols on the cruise ships.

We have written about Legionnaires' Disease in prior blogs:

Liberty of the Seas & Legionnaires' Disease - Disease of the Seas? 

Former Royal Caribbean Cruise Ship Captain Dies of Legionnaire's Disease After Sailing on Liberty of the Seas
 

Credits:

Black Watch cruise ship photograph                   Milford Haven Port Authority website

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The U.K.'s Daily Mail reports that the Balmoral cruise ship - dubbed the "Cursed Cruise Ship of the High Seas" - is facing the prospect of being impounded after it was hit by a vomiting bug for the third time in less than a year.

The Australian newspaper also reports that the Balmoral could be detained after 250 passengers fell ill with the dreaded norovirus.  In an article entitled "Cursed Cruise Ship Balmoral to be Investigated," the newspaper reports that the sick cruise ship is currently making its way from the Canary Islands to Dover, England.

Health official have threatened to detain the cruise ship.  Sandra Westacott, chief executive of the Association of Port Health Authorities, confirmed the cruise ship could be detained by Maritime and Coastguard Agency staff on the advice of health officials:

"It is one of the sanctions available to us - detaining the ship in port so that it cannot do any further harm."

We reported that earlier this year that the Balmoral was attacked by pirates.

The Australian newspaper also reports that in 2009 the cruise ship suffered multiple injuries in storm force gales and was infected with two previous bouts of the vomiting bug.

Credits:

Drawing   Maxim Magazine

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