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

"Two tug boats are slowly towing the Carnival Splendor cruise ship and her 4,500 passengers towards San Diego today. The 952-foot ship, which left Long Beach on Sunday for the Mexican Riviera, has been adrift since an engine room fire early Monday. Rather than lavish meals, passengers are surviving on Spam, Pop Tarts and canned crabmeat flown in by helicopter. Friends and families of stranded passengers are concerned because communication with their loved ones has been severely limited. It’s expected that the Splendor will arrive in port in San Diego late Thursday. Critics say there are serious safety lapses throughout the cruise industry and this accident was waiting to happen. What’s being done to protect passengers?"

 

Guests:

Kendall Carver, Chairman, International Cruise Victims

Jim Walker, Maritime attorney based in Miami and editor of “Cruise Law News”

Photo credit:  Kevin Gray/U.S. Navy via Getty Images (via KPCC South California Public Radio)

L.A. Times:  The L.A. Times also featured ICV members Ken Carver, my client Lynnette Hudson (photo bottom) whose father Richard Liffridge was killed due to a fire on a cruise ship operated by a Carnival subsidiary Princess Cruises, cruise safety expert Mark Gaouette and me in an article "Stranded Cruise Ship Offers Lesson in Huge Vessels' Vulnerabilities."   Here is the text:

"They're called "floating cities," massive cruise ships that resemble skyscrapers and offer all the amenities of high-end resorts — spas and casinos, Broadway shows and amusement parks, fine dining and luxury shopping.

But the Carnival Splendor also offers a cautionary tale about just how vulnerable these mega-ships can be. Left powerless by an engine fire shortly after embarking on a seven-day cruise to the Mexican Riviera, the Splendor is expected to be towed into port in San Diego late Thursday. If the ship cannot make sufficient speed under tow, it is possible it will be taken to Ensenada, company officials said.

An early morning fire in the generator compartment Monday knocked out several of the ship's operating systems and left the nearly 4,500 passengers and crew members without air conditioning, hot food and telephone service. Even the flush toilets were down for a while.

With communications largely cut off, it's unclear what kind of hardship passengers have had to endure. But Carnival Chief Executive Gerry Cahill acknowledged in a statement that passengers were dealing with an "extremely trying situation."

"Conditions on board the ship are very challenging, and we sincerely apologize for the discomfort and inconvenience our guests are currently enduring," he said.

The "gourmet delicacies" of the " Manhattan chic" Pinnacle Steakhouse were replaced by 70,000 pounds of bread, canned milk and other emergency supplies, which were flown from the North Island Naval Air Station at Coronado to the U.S. aircraft carrier Ronald Reagan and then helicoptered out to the Splendor, stranded 160 miles southwest of San Diego. The company is paying the military for the food and supplies, officials said.

"There are significant risks as these ships get bigger and bigger," said Kendall Carver, president of International Cruise Victims. "This one held over 4,000 people. The new ones owned by Royal Caribbean hold over 6,000 passengers and 2,000 crew members, over 8,000 people. A fire on a ship like that would be disastrous."

The Carnival Splendor experienced its problems relatively close to several major ports, making rescue possible in only a few days.

"If it was hundreds of miles out, and you had a fire that wasn't suppressed, and you had rough weather, you'd have a complete disaster," said Jim Walker, a Miami-based attorney who specializes in cruise line litigation.

Although the $40-billion cruise ship industry — and its vessels — has been growing, it has been dogged in the last decade with controversies over passenger health and safety. Carver helped start International Cruise Victims after his daughter, Merrian, disappeared while on an Alaskan cruise in 2004.

The organization has pushed for stiffer laws regulating the cruise ship industry; just four months ago, President Obama signed into law tougher new rules for reporting crimes at sea, improving ship safety and training staff to collect evidence of crimes. The changes will go into effect in 2012.

But the new law makes only passing mention of fire safety issues, even though "the most serious event that can happen on a cruise ship is a main space fire, which is what happened on the Splendor," said Mark Gaouette, former director of security for Princess Cruises and author of the recently released "Cruising for Trouble."

On a Navy ship, Gaouette notes, every person has a fire-fighting role, and the crew is trained constantly in how to respond to a fire. On a cruise ship, "two-thirds to three-quarters of the population are passengers. They become problems and liabilities in a major fire. They have to be shepherded to safe areas."

Statistics are hard to come by for incidents on cruise ships, but Gaouette said the website cruisebruise.com lists eight major fires on cruise ships in the last five years, compared with just three in the previous seven years.

"As cruise ships become larger and their number increases on the high seas," he said, "the threat of fire and other risks to passengers will increase proportionally."

On the Splendor at 6:30 a.m. Monday, the 3,299 passengers were evacuated from their cabins and told to go to the ship's upper deck. They were later allowed to return. By afternoon, the U.S. Coast Guard had dispatched three cutters and an HC-130 Hercules helicopter to the ship's aid. The Mexican navy sent aircraft and a 140-foot patrol boat.

The Coast Guard has remained in contact with the ship throughout the ordeal, officials said. Whether the ship goes to San Diego or Ensenada, the company has promised to transport passengers back to Long Beach.

Miami-based Carnival Cruise Lines has promised a full refund for passengers and a complimentary future cruise equal to the amount paid for this voyage, which was scheduled to visit Puerto Vallarta, Mazatlan and Cabo San Lucas. The company announced that the Nov. 14 seven-day cruise from Long Beach to the same ports has been canceled.

"The safety of our passengers and crew is our top priority, and we are working to get our guests home as quickly as possible," said Cahill of Carnival Cruise Lines. Carnival Corp., which also includes such lines as Princess Cruises and Holland America and has 98 ships worldwide, reported revenues of $13.2 billion in 2009.

A spokeswoman for the Cruise Lines International Assn. did not respond to requests for comment. The organization's website says the U.S. Coast Guard calls cruising "one of the safest modes of transportation, and the industry is constantly striving to improve its safety procedures. Over the past two decades, an estimated 90 million passengers safely enjoyed a cruise vacation."

But that is little comfort to Lynnette Hudson, whose father died of smoke inhalation during a fire on the Star Princess, which is operated by Carnival, in 2006. It was his first cruise, she testified to Congress, and he was celebrating his 72nd birthday.

Hudson pushed for the more stringent standards that were signed into law this summer and is still fighting for stiffer laws. "I think if there's a major fire on a cruise ship, they're not prepared," she said in an interview. "They don't have sufficient training."

 

For additional information, consider reading: Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything?

 

Photo credits: 

Ken Carver   KPHO Channel 5 Phoenix

Carnival Splendor U.S. Navy via L.A. Times

Lynnette Liffridge (pointing to sprinkler installed after her father's death)  Jim Walker

• Comments

I instantly took a liking to Jamie Barnett when I first met her.  

In 2007, Jamie traveled to Fort Lauderdale to attend a meeting between the International Cruise Victims ("ICV") and the cruise industry trade association, the Cruise Line International Association ("CLIA").  Jamie had flown in from Los Angeles for the meeting.

Jamie, a Mississippi-native-turned-L.A.-resident, traveled to Florida as part of the ICV group to convince the cruise industry to agree to safety measures to protect passengers sailing on cruise ships.

You see, Jamie's daughter, Ashley, died on a Carnival cruise in 2005.  Her story is on the ICV's web page - "What Happened to My Daughter?"  Jamie's daughter, beautiful Ashley, was a happy, vibrant young woman when she boarded the cruise ship.  A day later she was dead and alone in a morgue in Mexico. 

Tragedies like this can destroy most folks.  But Jamie has been a force to be reckoned with, as they say.  She took Carnival on for the medical negligence of their medical staff.  Although she can't talk about it because of a confidentiality order - she made the cruise line pay because of their medical malfeasance.

But lawsuits can accomplish only so much.  Compensation and a pound of flesh if you are lucky.  The real battle is fought and won by moving past the lawsuit and investing your energies to protect others.  Like, as Jamie has done, forcing the cruise industry to implement steps to protect the next Ashley Barnett who steps on a cruise ship. 

Jamie's story is told on CBS' 48 Hours Mystery - Dark Waters.  Jamie explains how the loss of Ashley motivates her to protect other moms who kids may sail on the next cruise from hell.  What you will see, hear and feel watching this seven minute segment should provide you with some insight into Jamie's passion - it is quite overwhelming.

Jamie meets with the mother of George Smith IV, who suffered a similar tragedy three months before Ashley's death when she lost her son during a cruise.  The grief of these parents brings meaning to those who crusade for safer cruises. 

Jamie is now the President of the New York chapter of the ICV.  Unlike the cruise industry employees who slog through a 9 - 5 job promoting the business of cruising, Jamie and others in the victim's organization, who have lost children on cruises, live and breathe the urgent need to improve the cruise industry 24 hours a day, seven days a week.  And they will do so for the rest of their lives. 

Jamie's dedication led to the Cruise Vessel Safety and Security Act, which will protect millions of passengers who climb aboard cruise ships each year.  The new cruise safety law will be signed by President Obama in the next few days.  

Jamie has a blog, called "Living Through the Loss," which is a very personal expression of Jamie's struggle facing the horror of losing her daughter while finding strength in the process to help others.

Last week, Jamie attended a reception in the Capital Building in Washington to celebrate the passing of the new cruise safety law.  The reception was attended by members of the ICV, Congressional leaders, and the media.  Jamie shares her fight for the new law over the past four years in the video below:  

Another video by Jamie on behalf of the International Cruise Victims is available here.

Credits:

Mom and daughter           Jamie Barnett

Ashley Barnett                    CBS 48 Hours

Video                                    Jamie Barnett

• Comments

Yesterday evening, the International Cruise Victims (ICV) organization hosted a reception in Washington D.C. to celebrate the passing of the Cruise Vessel Safety and Security Act.

The reception was held in the Capital building and was well attended by Congressional leaders and their staff, members of the ICV, members of victim and rape crisis non-profit organizations, and the press. 

The highlight of the reception included the appearance of Congresswoman Doris Matsui (D - CA) who introduced the new cruise safety bill in the House of Representatives after her constituent, Laurie Dishman, was a victim of a violent crime on a Royal Caribbean cruise ship.  Congressman Ted Poe (R - TX) also attended and spoke at the reception.     

ICV President Ken Carver spoke to the group and chronicled the formation of the ICV and the struggle against the cruise industry over the past  five years to get the cruise safety law passed. 

Consider reading Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4 to learn more about the efforts to pass the new cruise law. 

Congratulations to Congress and the ICV members for their dedication and hard work!

Enjoy the photographs of the reception below:

Above: Congresswoman Doris Matsui (CA - D), CNN's David Fitzpatrick, and ICV President Ken Carver.

Below: Ken Carver with former New York Times and LA Times Editor Douglas Franz.

Below: Ken Carver and ICV members and supporters.

• Comments (1)

This was a historic week in the world of cruising.  

Congress passed the Cruise Vessel and Safety Act, which will help make cruising safer for U.S. families.  Cruise lines will be required to install peepholes in cabin doors, maintain anti-retroviral medications and rape kits for victims, improve crime evidence handling procedures and - for the first time in the history of the cruise industry - report crimes to the U.S. Coast Guard and the FBI.  

Congress also passed the "SPILL Act" (H.R. 5503) which removes the limitation of liability  for shipping companies, and amends the Death On The High Seas Act (DOHSA) to permit families to recover compensation when they lose a loved one on the high seas - whether it is on a drilling rig or a cruise ship.  In so doing, Congress finally repealed an archaic and wicked law that has inflicted additional pain on cruise victims for the past ninety years.  

These pieces of legislation are the results of the dedication and hard work of families of U.S. citizens killed in international waters, including members of the International Cruise Victims (ICV).  The ICV is a grass roots, non-profit organization comprised entirely of volunteers who have been a victim of a crime on a cruise ship or lost a loved one during a cruise.

These two new laws are truly historic. But you would never know it by reading the hundreds of cruise websites and travel-writer blogs.    

There are literally thousands of travel agents and travel writers who I follow daily on Twitter.  But not one blogger mentioned either one of these new bills.

The problem is that many of the travel writers and most of the cruise bloggers are shills for the cruise industry.  They sell cruises or advertise cruise banners on their web sites.  Many cruise lines invite them on all-expense-paid cruises in exchange for favorable cruise reviews.

The exception is Arthur Frommer, of the famous Frommer's Travel Guides, and his daughter Pauline Frommer who covers travel stories in her blog "Daily Briefings."  Ms. Frommer covered the cruise safety law in an article entitled In the Wee Hours This Morning, Cruising Just Got a Heckuva Lot Safer.  Mr. Frommer re-printed his daughter's article, and added a few personal comments, in A Cruise Line Safety Act Has Quietly Passed the House of Representatives.      

The Frommers explain the key provisions of the new law and recognize the remarkable efforts of the ICV over the past five years. 

Mr. Frommer acknowledges that "even the travel trade press has failed to take more than the barest notice of proposed legislation in Congress that would require the cruise lines to tighten up safety . . . "

The new maritime laws were passed only after years of resistance and millions of dollars of lobbying by the cruise industry's trade organization - the Cruise Line International Association (CLIA) - which is comprised of 16,000 travel agents.  CLIA has a cozy relationship with many travel writers who choose not to offend the CLIA cruise lines by writing anything negative about the foreign flagged cruise industry.  We have touched upon this subject in Travel Writers and the Ethics of Reporting Cruise News.

CLIA unsuccessfully worked behind the scenes lobbying against the SPILL Act in an effort to deny the widows and children of the oil workers killed in the BP Deepwater Horizon disaster from receiving compensation - a disgusting spectacle we reported on in Cruise Industry Joins Forces With BP to Deny Death Compensation to Grieving Families

So it should come as no surprise that most travel writers and the CLIA cruise bloggers chose not to touch these stories.

But it is refreshing to see travel writers with integrity and ethics like Mr. Frommer and Ms. Frommer write about the cruise safety law which will protect the cruising public.   

July 7, 200 Update:

TNOOZ (Talking Trave Tech) has an interesting blog about my blog: "Are Travel Writers Shills For The Cruise Lines?"  A number of travel writers are commenting.

• Comments (5)

Last night, the U.S. Senate unanimously passed a safety bill for cruise passengers which will require cruise ships to reports crimes on the high seas to the FBI and the U.S. Coast Guard. 

The bill will require the cruise industry to comply with a number of security provisions including specific rail heights, peep holes, warning devices, and cabin security measures.  The requirment that cruise lines must inform the FBI of disappearances and sexual assaults is important, because Cruise Lines Often Don't Report Crimes.

The bill is called the "Cruise Vessel Security and Safety Act" (H.R. 3360).  It was authored by Congresswoman Doris Matsui (D-CA).  Congresswoman Matsui (photo left) began convening hearings on the issue of cruise line when her constituent, and our client Laurie Dishman (pictured with her father Bill), approached her after being sexually assaulted aboard a Royal Caribbean cruise ship in 2006.

The cruise safety bill is the result of the dedication of the International Cruise Victims (ICV) (photos of members below). We reported on the ICV's hard work last fall - Congress Passes Cruise Crime Law.

The House of Representatives passed the bill last November. We reported on this historic development last year in Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4.

Congresswoman Matsui commented that the safety bill "is a critical and common-sense fix which will provide safety and security to Americans who go on cruise vacations without realizing they are not protected under U.S. laws when they leave its territorial waters."

“H.R. 3360 will improve the safety and security of all cruise ship passengers traveling in and out U.S. waters,” said Rep. Matsui. “Current law doesn’t pass the test of providing common-sense security measures to the traveling public to help protect them from crimes committed aboard ships or to adequately prevent individuals from going overboard. Moreover, current law does not provide the support victims and their families need in the event of a disaster. This legislation is critical to providing the security and safety measures that all Americans need and deserve, no matter if they are on land or at sea.”

Senator John F. Kerry championed the cruise bill in the Senate.  His constituent, Merrian Carver, disappeared under suspicious circumstances from the Celebrity Mercury cruise ship.  The cruise line, Royal Caribbean / Celebrity Cruises, did not alert law enforcement. Her father, Ken Carver, mounted an investigation which exposed a cover up.  Mr. Carver then created the ICV to assist other passengers victimized on cruise ships.

Take a moment and read and watch the video: Ken Carver Fights for Cruise Ship Safety and Ken Carver Pushes For Cruise Law After Daughter "Disappears" From Celebrity's Mercury Cruise Ship

Senator Kerry issued a statement on the passing of the safety bill: “Murky lines of jurisdiction are no longer an excuse for risking the safety of millions of Americans who will board cruise ships this year. I applaud my colleagues for helping to ensure that security, safety, and accountability be strengthened to hold criminals accountable and end the cycle of serious crimes on these vessels.”

Mr. Carver commented "When the cruise safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations. Without Congresswoman Matsui's efforts in the House and Senator Kerry's efforts in the U.S. Senate, this legislation would not have moved forward.”

After minor differences between the House and Senate version are reconciled, President Obama will sign the bill into law by July 4th! 

Congratulations to the ICV for taking these steps to protect familes on cruise ships.  Cruising will be safer due to your efforts. 

For additional news coverage, read: 

"Senate Passes Historic Cruise Safety Bill: Smith Family Applauds Measure" from the Greenwich Post. 

Cruise Safety Bill Heartens Greenwich Victim's Family - regarding family of George Smith IV.

"Cruise Ship Crime Law Closer To Reality"  WCVB TV5 (ABC) - Boston.

"Senate Passes Cruise Safety Bill, 5 years After Greenwich Man's Disappearance" from the Greenwich Post.

"Senate Passes Cruise Ship Safety Measures" from the South Florida Business Journal.

• Comments (3)

A local news station in Phoenix, Arizona,  ABC-15 (KNXV), is reporting on the latest efforts by Kendall Carver to protect families who cruise in international waters.

In a video interview entitled "Valley Man Pushes for New Laws after Daughter Vanishes,"  Mr. Carver explains that his 40-year-old vanished on the second day of a seven-day Alaskan cruise aboard Celebrity Cruises' Mercury cruise ship back in 2004.  The cruise ship covered the incident up and then lied to Mr. Carver.

ABC-15 reports that for more than a year, Mr. Carver says the cruise line "provided little information.  He hired private detectives, lawyers and spent quite a bit of money searching for any indication as to what happened.  Eventually, he said they found an employee on the boat who had some information."

"We deposed the steward to find out that he had reported our daughter missing daily for five days on that ship and his supervisor told him to forget it and do his job," said Carver.  "They had not notified the FBI, they had not notified anybody, in fact, they gathered her belongings and got rid of them."

Carver says what many people may not know is that the cruise ship industry doesn't even have to report crimes ranging from theft to a disappearance.

"You can get the crime report for any city in the country, by zip code, by name, but you can't get that for cruise ships," Mr. Carver told ABC-15.

To push for new laws and help victims of cruise ship crimes, Carver formed the organization - International Cruise Victims (ICV).  He has been working on this cause everyday for the past five years.

"We have hundreds of volunteers, with next to no money and as of this week we are now in 20 countries around the world," said Carver.  "It's one of those things as a father I couldn't walk away from, I still want answers and people need to know what's going on."

As a result of the ICV's efforts, a cruise law - called the Cruise Vessel Safety and Security Act of 2009 - passed the House of Representatives last year.  The bill is awaiting a vote in the Senate this year.

"This would make it mandatory that they immediately advise the FBI," said Carver.  "They (travelers) don't realize when they get onto these ships they're going into a foreign country."

To learn more, read about the story of Merrian Carver on the ICV website. Please consider joining  the ICV and making a small donation to keep the grass root organization operating.

The ABC-15 video with Mr. Carver is below:

For additional information about Ken's fight to protect the cruising public, consider reading:

Family Wins Battle Against Cruise Ship Industry After Daughter's Disappearance

Credits:

Photograph of Mirrian Carver        Ken Carver  

Video        ABC-15 (KNXV) Phoenix, AZ  (Christopher Sign reporting)

• Comments

A local news station in Phoenix Arizona, KPHO, aired an interview with Ken Carver whose daughter, Merrian, "disappeared" on a cruise ship operated by Royal Caribbean's subsidiary, Celebrity Cruises.  KPHO's story is entitled "Valley Father Fights For Cruise Ship Safety." 

The video of Mr. Carver's interview can be viewed here.

The The Arizona Republic published an excellently researched and written story about Ms. Carver's "disappearance" and the cruise line's attempted cover up. 

Tragedies like this would destroy many parents who lose a child under these disturbing circumstances.  But Mr. Carver channeled his energies into creating the International Cruise Victims ("ICV"), an organization of cruise victims and friends who are fighting for mandatory reforms to the cruise industry.

Mr. Carver, a retired insurance executive, is leading the fight. Two weeks ago the United States House of Representatives overwhelmingly voted to pass the Cruise Security and Safety Act of 2009.  The new safety law will require cruise lines to report crimes to the FBI and U.S. Coast Guard and implement other security measures.    

The new law is now awaiting a vote in the U.S. Senate. Mr. Carver obtained the support of Senator John Kerry to introduce the cruise safety bill in the U.S. Senate. 

We have reported on the ICV's hard work which led to the passage of this new law in a previous article: "Congress Passes Cruise Crime Law." Are you a member of the ICV?  If not, consider joining.

You can contact Mr. Carver at kcarver17@cox.net

Photo credit      KPHO, Phoenix, Arizona

• Comments

Today, the House of Representatives passed the Cruise Vessel Safety and Security Act of 2009.  This is a remarkable event.  For the first time in the history of the cruise industry, cruise lines are now required to report crimes which occur on cruise ships to the U.S. Coast Guard and the FBI.  There has been an epidemic of rapes on cruise ships over the years, and the cruise industry is notorious for its lack of transparency and its cover up of such crimes.

This is quite a milestone. No one in South Florida has the courage to take on the cruise industry and enact legislation like this. Victims had to look 3,000 miles away from Miami - the Cruise Capital of the World -  to a leader in Sacramento, California to get the job done.

Thank You Congresswoman Matsui and the International Cruise Victims Association

The bill is the result of the hard work of the International Cruise Victims ("ICV") association, led by Ken Carver whose daughter Merrian disappeared on a cruise ship operated by Celebrity Cruises, a subsidiary of Royal Caribbean Cruises. The legislation was introduced by California Congresswoman Doris Matsui (D-CA) whose constituent, Ms. Laurie Dishman was sexually assaulted on a Royal Caribbean cruise ship.  Ms. Dishman is a client and good friend of the firm.  She has worked tirelessly with the other ICV members to make sure that legislation like this is enacted to protect the traveling public.

The new cruise law also requires that rape victims on cruise ships be promptly given anti-retroviral medications in order to prevent the victims from developing HIV/AIDS and other sexually transmitted diseases. 

Our firm is representing a woman who was recently raped on a Princess Cruises ship.  The ship doctor and the Princess Cruises fleet medical department refused to provide the victim with such medications.  The cruise line's recklessness needlessly endangered the young woman's health and life. Now, there will be culpability when cruise lines act irresponsibly following a cruise ship crime.   

The ICV issued a press release today:

Press Release of the International Cruise Victims     

The International Cruise Victims Association (ICV) applauds House passage today of critical language authored by Congresswoman Doris O. Matsui (D-CA) ensuring the safety of cruise ship passengers on the high seas. Matsui’s Cruise Vessel Safety and Security Act of 2009, included in H.R. 3619, the Coast Guard Reauthorization Act of 2010, requires cruise lines to report all crimes aboard cruise ships to both the United States Coast Guard and the FBI. The first measure of its kind, this legislation represents a historic step toward securing the safety all passengers need and deserve.

“I recognize today as a milestone in our fight for justice,” said Congresswoman Matsui. “I originally became involved in this issue because of a young woman, Laurie Dishman, from my hometown of Sacramento. Laurie was sexually assaulted while on a cruise ship, and was left to fend for herself. My legislation will not only help protect and empower future victims, but it contains important reforms that will help change the culture of the cruise industry and prevent future attacks from happening.”

ICV has been advocating for these measures to be adopted since 2006, participating in countless meetings with members of Congress, and three Congressional hearings. The hearings were held at the urging of Rep. Matsui, with the support of Transportation and Infrastructure Committee Chairman Jim Oberstar (D-MN) and Chairman of the Subcommittee on Coast Guard and Maritime Transportation Elijah Cummings (D-MD). Senator John Kerry (D-MA) introduced corresponding legislation in the U.S. Senate, which also held hearings, and the bill was passed unanimously out of the Commerce, Science and Transportation Committee. Now that the bill has passed the House, the bill will need to pass the full Senate before being sent to the President to be signed into law.

As this crucial legislation moves forward, it serves as a sign to many among the ICV’s community of followers that progress is being made toward ensuring the safety of Americans abroad. The measure approved today is a major victory in the fight for cruise passengers’ rights. ICV President Kendall Carver expressed his hopeful outlook as the legislation has been approved by committee in the Senate. “Adoption of this bill would be proof to the world that our small group of volunteers with limited funds has been able to make a difference in the safety of Americans. When the Cruise Safety legislation is signed into law, it will serve to protect Americans across the nation during what ought to be relaxing vacations.”

“Congresswoman Matsui has taken the lead in the House on this issue, and her efforts have made the difference in moving this legislation forward,” Carver continued. “Her efforts are appreciated by myself and all other victims and their families that are members of International Cruise Victims Association. Without Ms. Matsui’s efforts in the House and Sen. Kerry's efforts in the U.S. Senate this legislation would have not moved forward and we are forever indebted to both of them. I look forward to the upcoming Senate floor vote and the President’s signature as soon as humanly possible.”

Currently, cruise ships operating under foreign flags of convenience are not required under U.S. law to report crimes occurring outside of U.S. territorial waters. Legislation approved today will ensure that crimes committed while aboard cruise ships do not escape the jurisdiction of American law enforcement. Title IX requires cruise ships to comply with design and construction standards, such as specific rail heights, peep holes, warning devices and cabin security measures. The bill also requires that vessels are equipped with a video surveillance system to assist in documenting and prosecuting crimes, and it requires vessels to maintain a log book to record reports on specified complaints. Finally, once enacted, vessels will be required to contact the nearest FBI office as soon as possible to report incidents involving homicide, suspicious deaths, missing U.S. nationals, kidnapping, assault, and other serious occurrences.

The International Cruise Victims Association, Inc. (ICV) is a not for profit corporation formed by victims and families of victims of cruise crimes.

Photo Credits      International Cruise Victims ("ICV")

1. Honorable Congresswoman Doris Matsui, Laurie Dishman, Bill Dishman

2. ICV members Mark Brimble, Ken Carver, Son Michael Pham

3. ICV members in Washington DC

4. ICV members Ron and Sue DiPiero 

5. ICV members Lynnette Hudson, Ken Carver      

• Comments

A criminal trial begins this week in Australia in the case of cruise passenger Dianne Brimble, a passenger sailing with her children on P & O Cruises’ Pacific Sky in 2002. It has been seven years since Ms. Brimble’s ill fated cruise which ended with her death. A coroner determined the cause of her demise to be a date rape drug given to her by another passenger, Mark Wilhelm, who is now finally standing trial for her death.

There is a danger on cruise ships of being given a date rape drug by either a crew member or another passenger.

There are a couple of different date rape drugs. One is called “GHB.” The scientific name is Gamma Hydroxybutyric acid. It is also be called “grievous bodily harm.” Another is Funitrazepam, called Rohypnol or commonly known as “roofies.” These drugs are clear, tasteless, and odorless - similar to water. When combined with alcohol the drug will incapacitate unsuspecting victims and cause slurred speech, sedation, unconsciousness and death. Even without alcohol, Rohypnol is ten times stronger than Valium. Rapists use these drugs to knock their victims out.

These drugs are readily available in foreign ports, particularly in Mexico. Crew members or passengers going ashore can easily obtain “roofies” or “GHB” and bring the drugs back to the cruise ship.  One of our clients was given a spiked drink by a bartender on a cruise ship returning from Mexico. Interviewed by Time magazine in an article entitled "Crime Rocks the Boats," she reported "her legs go rubbery and her mind turn to mush as the bartender led her to an employees-only restroom and raped her before she passed out cold."

If proper blood and urine testing is not performed in a timely manner after the rape, the drugs will not be detected. Cruise ships are notorious for having ill equipped medical facilities and incompetent or indifferent staff. It is important for passengers to use the same safeguards you would use in a bar ashore:

• Ask bartenders or bar servers to open your beverages in front of you.
• Watch your drinks.
• Don’t leave your drinks unattended when you go on the dance floor or to the ladies room.
• Stay with your group of friends.
• Realize that crimes occur routinely on cruise ships.
• Have fun - but don’t let your guard down.
• If you are a victim of rape, insist that the ship doctor take blood and urine samples immediately.

Ms. Brimble’s family joined International Cruise Victims (“ICV”) organization to bring awareness to the problem of cruise ship crime. Mr. Brimble is the President of the ICV chapter in Australia. Information regarding Ms. Brimble is available on the ICV website.

Photo Credits:

International Cruise Victims - photo of Dianne Brimble

• Comments

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

• Comments (1)

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 – 89 years ago. In 1920, relatively few passengers cruised a year. Now the number is around 13,000,000. Congress never envisioned that DOHSA would bar all recovery for any of the million of retired passengers and children who cruise annually. The Cruise Line International Association ("CLIA") doesn’t tell its 13,000,000 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.

• Comments