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

The on line web information portal CruiseJunkie.com is reporting that a passenger may have gone overboard yesterday from the Rotterdam cruise ship.

The report is based on information received from a passenger on the Holland America Line cruise ship. 

CruiseJunkie.com is operated by Dr. Ross Klein, a cruise industry expert who has, among other pages, a large web page called "Events At Sea - All The Things That Can Go Wrong On A Cruise."  Dr. Klein reported yesterday:

I have been informed that a passenger jumped from the M/S Rotterdam today and was recovered deceased at about 5 pm local time. The ship will be in Costa Rica tomorrow.  This account has not be confirmed or reported by the media.

in addition to Dr, Klein's site, a comment on the popular on line cruise community CruiseCritic.com mentions the incident under the topic "Man Overboard on Rotterdam???"

 ". . . A "man overboard" was reported to the bridge, just before noon. What was done, then was to chart where the person went overboard and turn the ship around to that area. By 2:00 PM, an airplane came to circle around and look for anything in the water. By 4:00 PM, the plane had spotted something, and the ship headed there. By 5:00 PM, a tender was dropped into the ocean and found what was believed to be the person. Many of us were on deck 3, and as the tender returned to the ship, the Captain asked that all on deck 3 please, out of respect, to leave the deck. I don't know anything else. We will find out soon if we'll miss our port, tomorrow. I don't know if we'll get information about the person. There was an announcement, earlier, for someone in cabin x, to please call the front desk immediately. Tonight is formal night and I don't think anyone wants to dress up."

We previously reported on a HAL handling of an overboard passenger in an article ""Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea."  That case involved passenger Amber Malkuch.  HAL quickly called her disappearance a suicide.  This surprised not only Ms. Malkuch's friends and family, but dumbfounded the Alaskan State Troopers who had yet to review photographs and video, conduct interviews or analyze toxicology reports. 

It will be interesting to see how HAL handles this situation.  By not issuing a press statement, it looks like HAL is trying to keep the incident secret.  

Dr. Klein reports that there have been over 130 cruise overboard in the last 10 years. How many more have not been reported by the cruise industry? 

February 27, 2010 Update:

CruiseJunkiereports: "Around 10 A.M. this morning, while breakfast was going on, one guest, supposedly of cabin 1905, jumped from the outside deck. The jump was apparently witnessed as there was an immediate man overboard call and the ship manouvered quickly and then anchored and a search happened. The ship staff searched for hours, and then about 5 pm, they recovered the man's body. The ship has been under code red for 6 days for norovirus and the staff was already under huge stress." 

CruiseCritic reports that the overboard passenger was a member of the CruiseCritic on line community.
 

Credits:

Rotterdam cruise ship                 jimg944 Flickr Photostream

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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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