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

A year and a half ago, I wrote about the danger of serious injury and death created by the "FlowRider" attraction on Royal Caribbean's cruise ship.  The article is entitled Wipeout! Liability of Royal Caribbean Cruise Line for FlowRider Accidents.

In the article, I discussed that the cruise line forces the passengers to sign "Onboard Activities Waivers" before they can participate in certain activities on board the cruise ships.  Royal Caribbean claims that these "waivers" protect it from lawsuits whenever a cruise passenger is injured on a FlowRider, as well as during zip lining, rock climbing, or ice skating activities on the cruise ship.  We disagree.  In our article stated, we stated in no uncertain terms that:

".  .  .  these waivers are invalid.  They violate U.S. Federal law which prohibits shipping companies and cruise lines avoiding or limiting liability for injuries and deaths on the high seas . . .  if you are seriously injured, check with a maritime lawyer before you take the cruise line's word that their so-called 'waivers' are valid."

Yesterday, the Eleventh Circuit Court of Appeal agreed with us.  In a case involving a client represented by our firm and our co-counsel Jonathan Aronson, the Eleventh Circuit struck down the Royal Caribbean "Onboard Activities Waiver," pursuant to a  federal statute, 46 U.S.C. § 30509. 

The Court summarized the facts of the case as follows:

"Johnson was a passenger on the Oasis of the Sea cruise ship owned by Royal.  One of the attractions of this ship was the FlowRider - a simulated surfing and body boarding activity.  Before purchasing a ticket to participate in the FlowRider attraction, Johnson was instructed to sign her name to an electronic "Onboard Activity Waiver" ("the waiver").  When she signed her name to the waiver, Johnson agreed to release Royal and its employees from actions "arising from any accident [or] injury. . . resulting from . . . [her] participation in any or all of the shipboard activities [she] has selected." 

While receiving instruction for the body boarding portion of FlowRider, Johnson received instructions from an instructor employed by Royal ("Mike") that deviated from the regular use of the body boards, which are different from the surfboards.  Mike instructed Johnson to stand on the body board while he was holding it.  When he released the board, Johnson fell off the board and suffered a fractured ankle.  The maneuver attempted by Mike with Johnson was in violation of Royal's safety guidelines for the FlowRider attraction. These guidelines specifically state that the boards for the surfing portion can be stood upon, while the boards used for the body boarding portion should only be used while lying down."

After we filed suit against Royal Caribbean, the cruise line argued that the waiver precluded our client from recovering for her injuries.  The trial court agreed and ended our case a few days before trial.  We appealed.

In an opinion released yesterday, the Eleventh Circuit Court of Appeal reversed the lower court.  The appellate court ruled that the Royal Caribbean waiver violated 46 U.S.C. § 30509 which prohibits contractual provisions which attempt to limit the liability of the owner of ships for "personal injury or death caused by the negligence or fault of the owner or the owner's employees or agents."   The court held that the statute was clear and unambiguous, and there was no exception for recreational, inherently dangerous, or ultra hazardous activities.  Although waivers of this type may be enforceable on land, such waivers are illegal and unenforceable on the high seas.

The ruling is significant because there has been at least one death and numerous serious injuries to cruise passengers on the Royal Caribbean FlowRiders.

The interesting thing about this appeal is that in addition to the efforts of Royal Caribbean, the cruise industry's trade organization, the Cruise Line International Association ("CLIA"), filed an amicus curiae brief, trying to convince the appellate court to strip the rights of passengers who are injured during cruises.  If successful with this case, Royal Caribbean and the other 25 CLIA cruise lines undoubtedly would have required cruise passengers to sign waivers for all shipboard activities.  I doubt that any travel agents who are members of CLIA know what the cruise lines were up to.

The appeal was handled by appellate specialist Phil Parrish.    

You can read the entire opinion here.  And don't forget to watch "Royal Caribbean WipeOuts!" video below:

Video             YouTube lilmikee420

Photo:       Cruise Critic

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Multiple news sources are reporting that a sixteen year old girl vacationing in the Cayman Islands during a cruise is in a critical condition following a collision between a jet ski and a "banana boat" near Seven Mile Public Beach.

The incident occurred shortly after noon on Thursday.  The local police stated that the jet ski was being ridden by a seventeen year old cruise passenger when it ran into the "banana" inflatable raft which was being towed by a power boat. 

Two females, aged sixteen and twenty-four years old, were thrown from the inflatable raft.  They were transported to the Cayman Islands Hospital for treatment.  The twenty-four year old woman was released from the hospital, but the teenager remains in a critical condition and is apparently being airlifted here to Florida for treatment.

The newspapers covering the story indicate that all three people involved in the incident were cruise ship passengers.

So far, there is no indication regarding the name of the cruise ship or whether this was a cruise sponsored excursion. 

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The Bermuda Sun reports this week that three cruise passengers were taken to the hospital in Bermuda after Princess Cruises' Grand Princess arrived in port.

A female passenger reportedly broke her ankle, a male passenger suffered a heart condition, and another male passenger lost consciousness in the cruise ship's swimming pool.  

This was the Grand Princess’s only trip to Bermuda this year. 

Bermuda has recently lost a number of cruise lines as customers this year.  Holland America just announced that the Veendam will no longer visit Bermuda after next year, after making 24 cruises from New York this year.  That announcement occurred shortly after Carnival announced that it was cutting cruises to Bermuda from 16 trips by four cruise ships this year, to just one in 2012.

The president of Bermuda's Chamber of Commerce characterized these developments as a “big blow to the island’s economy.” 

Photo credit:  Grand Princess cruise ship in Bermuda Flickr (tribewantedgilligan)

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A news source in the U.S. Virgin Islands reports that two passengers from the Celebrity Eclipse cruise ship were involved in a serious parasailing accident on Tuesday in St. Thomas.

The incident occurred late Tuesday afternoon while the passengers were on an excursion.  One of the passengers died, and the other was seriously injured and remains hospitalized.

There are comments from an online cruise community suggesting that the deceased passengers was celebrating  her 60th birthday and her daughter was the one seriously injured.     

Celebrity Cruises advertises parasailing "400 feet over St. Thomas" on its website.  You can watch's Celebrity's brief  video about parasailing in St. Thomas here which describes the excursion as an "experience of a lifetime." 

A number of agencies are apparently involved in the investigation into this incident, including the Virgin Islands Police Department, Department of Planning and Natural Resources, Attorney General’s Office, and the U.S. Coast Guard. 

Last year we reported on the death of a Carnival cruise passenger parasailing in Cozumel during an excursion. 

 if you know how the accident occurred, please leave a comment below.

November 17, 2011 Update:

The Virgin Islands Daily News published an article this evening stating that "squalls and wind gusts Tuesday afternoon may have factored into the death of Bernice Kraftcheck, 60, and the serious injury of her daughter Danielle Haese, 34, who was hospitalized overnight at Schneider Hospital." 

The mother and daughter purchased a parasailing shore-excursion from Celebrity Cruises which was conducted by Caribbean Watersports and Tours.  The excursion company conducted the parasailing trip aboard the 31-foot powerboat Turtle.  The newspaper reports that two crew members operated the Turtle, which was carrying five passengers. 

"All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation," said Celebrity Cruises spokeswoman Cynthia Martinez.

Cruise lines face legal liability when they fail to vet the safety policies and procedures of the excursion companies which the cruise lines select to do business with. 

For example, a dozen passengers from Celebrity Cruises' Summit cruise ship were seriously injured when an open air excursion vehicle ran off the road in Dominica.  We represented 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."

December 3, 2011 Update:

Coast Guard Continues to Investigate St. Thomas Parasailing Accident

Photo credit:  Celebrity Cruises

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Each year 14,000,000 people (yes 14 million) will go on a cruise.  There are literally hundreds of passengers, as well as crewmembers, who will suffer a serious back injury or break their ankle, leg or hip after slipping and falling while cruising.  Once back home after the cruise, they find it difficult to think of hiring a lawyer who they have never met in order to sue a large corporation in a far-off location like Miami.

But the process of hiring a Miami maritime lawyer to bring a claim against a cruise line like Carnival or Royal Caribbean is simple.

Over 95 percent of our firm's clients live out side of Florida.  If you have a question about an accident on a cruise ship, send us an email.  You can reach me directly: jwalker@cruiselaw.com  

You will receive an answer to your email right away.  We will need answers to four issues: 

When did the accident occur?  Remember that you have only one year to file a lawsuit against a cruise line!  This is a much shorter period of time than most land based injuries.

Which cruise line and which cruise ship were involved?  The majority of the cases we handle are against Royal Caribbean, Celebrity, Carnival and Norwegian cruise lines.  These cases have to be filed here in Miami.  Other cruise lines like Princess Cruises have to be filed in California.  Holland America Line, for example, has to be sued in Seattle.  If we can't help you, we will find someone who can.

What happened and why is the cruise line responsible?  Be prepared to tell us not only how the accident occurred but why you think that the cruise line is liable.     

What injuries did you sustain?   The nature and extent of your injuries are important issues in your case.  Have you undergone surgery?   What type of medical treatment will you need in the future?  Once you retain us, we will quickly obtain copies of all relevant medical records and reports. 

If you prefer to call us, we look forward to speaking with you. We have a toll free number (800) 256-1518.  You will probably initially speak with one of our assistants, like Jan or Betsy (photo right, with client), who will ask you a few questions about the basic information listed above.  I will be pleased to answer any questions you may have.

If you decide to hire us, we work on a contingency fee.  This means that we do not bill you or ask for a retainer.  We are paid only if we are successful and obtain a settlement or a verdict.  You have nothing to lose. 

We will send you four documents.

The first is the contingency fees agreement.  All lawyers who handle these type of cases must have a written contract with the client where everything is spelled out.  The second document is a statement of your rights as a client.  We will also send you a short questionnaire about your cruise accident.  The last document is a medical authorization so that we can obtain copies of your medical records.

We will email these items to you shortly after you email us or speak with us on the telephone.  Just fill out the forms and return them to us.  There is no need to travel to Miami to start your case.

One of the main reasons why cruise lines like Carnival and Royal Caribbean require that all claims be filed in Miami is that they know that it is inconvenient for injured passengers to do so.  That's why we make it easy for our clients to retain us.  Simply send us an email or make a single call.

I'm sure that you may have other questions, and I will be happy to spend as much time as necessary to provide answers for you.  I have been handling maritime injury cases since 1983.  Over ten years ago I was interviewed about the process of filing a claim against a cruise line. 

You can obtain additional basic information by reading the article here - Cruise Passenger Rights and Wrongs - Interview With Maritime Lawyer Jim Walker. 

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We just settled a case we filed on behalf of a Jamaican crewmember who sustained a wrist injury while working as a cleaner aboard a Royal Caribbean cruise ship.  She is now able to support her two boys back in Ocho Rios (photo left). 

Her job responsibilities involved cleaning every single public lady bathroom on the cruise ship (around 30).  Mopping the floors, scrubbing the toilets, wiping the stalls and mirrors, every day of the week - Saturdays and Sundays included of course.  In addition, every embarkation day she was required to deliver hundreds of bags luggage from the elevators to the passengers' cabins.

She developed a painful and debilitating wrist injury.  She went to the ship doctor who gave her Ibuprofen and a sling to wear.  She then returned to full time duty wearing a sling.  I don't know how a one armed cleaner can possibly clean 30 bathrooms every day of the week and then carry hundreds of pieces of luggage on top of that.  Her salary was around $550 a month.

Royal Caribbean eventually sent her back to Jamaica.  Two general surgeons ended up operating on her wrist.  What they did exactly no one knows because neither one of these doctors prepared an operative report.  There are no hand specialists anywhere in Jamaica.  The crewmember's pain, numbness, swelling and limited motion did not improve.  Shortly after the second surgery and without ever providing physical therapy, the cruise line terminated her medical treatment and stopped paying the $12 a day daily stipend.  

After she called and explained her predicament, we filed suit, arranged for her to obtain a tourist visa, and then flew her to Miami for treatment with a U.S. board certified hand specialist.  After around $60,000 of medical care we forced the cruise line to pay, her symptoms finally resolved. We can't mention the amount of her settlement because the cruise line requires a confidentiality agreement regarding the settlement figure, but we can state that she was happy and, most importantly, pain free when she went home.

Cleaners, waiters, and cabin attendants work insane hours on Royal Caribbean ships.  Working 12 hours a day minimum and up to 16 hours on embarkation day, they are instructed not to report more than 10 to 11 hours of work on their times sheets.

The human body is not designed to perform hard manual labor over 330 hours a month. 

Repetitive injuries to waiters who carry trays weighing 50 pounds or more are common.  Neck injuries, disc herniations in the low back, and rotator cuff injuries in the shoulder are common.  Then the cruise line sends these hard working employees to the four corners of the earth to receive bad medical care.         

The photo to the right is of another Jamaican client who sustained a severe wrist injury working as a cleaner on a Royal Caribbean cruise ship.  My partner, Lisa O'Neill, is shown discussing her injury in a hotel here in Miami.  My partner does not like to be mentioned on this blog, but she is the backbone of the team which we have who cares for injured crewmembers.   A substantial part of our law practice is flying injured Royal Caribbean crewmembers back to Miami for medical treatment which the cruise line refuses to provide.      

Photo credits:  Jim Walker

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An Arbitration panel in Miami, Florida has ordered Royal Caribbean Cruises to pay $1,250,000.00 to a crewmember following an injury aboard the Jewel of the Seas cruise ship.

The crewmember, who is from Serbia, sustained a serious back injury in June 2008 when a crew member violently slammed a door into her back while she was walking down a narrow hallway.  She sustained a large herniated disc.  She reported to the ship infirmary and the ship doctor found her unfit for duty.  However, her supervisor instructed her to continue working.

The ship doctor thereafter refused to take her medical condition seriously, and did not take an x-ray or order a MRI at a port of call.  After seven weeks of continuous work, her medical condition deteriorated badly.  She collapsed and had to be taken from the cruise ship on a stretcher with a IV morphine drip to manage her pain.

Royal Caribbean sent her back to Serbia and refused to arrange for medical treatment.  It paid her only $12 a day for lodging and food, which is impossible to live on.  It paid her consistently late.  It took the cruise line over five months to finally authorize back surgery in January 2009.  The doctor then performed surgery at the wrong level.  Royal Caribbean thereafter refused to arrange or pay for her rehabilitation or arrange for follow-up x-rays or a MRI.

After she retained Walker & O’Neill to represent her, the cruise line continued to refuse to meet its legal obligation to provide her with the necessary medical treatment.  When our firm complained, the cruise line terminated her living expenses. One of the in-house lawyers overseeing the cruise line’s medical department, Tony Faso, decided to abandon her.  Mr. Faso sent an email to Walker & O’Neill stating:

"I am sure any arbitrator will agree with me. I am sure that I will get some ridiculous response from you. I really don't care . . ."

Walker & O’Neill then flew the crew member here to Miami, and arranged for her to see a U.S. board certified orthopedist who determined that the first surgery was a failure.  Royal Caribbean nonetheless refused to reinstate the crew member’s benefits or provide her with the necessary medical care.

The three member Arbitration panel found Royal Caribbean’s refusal to pay maintenance and cure benefits to be:

" . . . not reasonable.  The denial of those benefits lacked any reasonable defense . . . "

The Arbitrators awarded the crew member $1,250,000.00.

Royal Caribbean was also found responsible for $11,650.00 for the administrative costs of the International Center for Dispute Resolution ("ICDR") as well as $48,970.00 for compensation of the Arbitrators.  

This award is the highest arbitration amount awarded to an injured crewmember since cruise lines began arbitrating cases. The award demonstrates the consequences of a cruise line unlawfully abandoning an ill crewmember and spitefully terminating her medical benefits. 

The crew member was represented by James (“Jim”) Walker and Lisa O’Neill of Walker & O’Neill P.A. and Jonathan Aronson of the Aronson Law Firm.

Royal Caribbean was represented by Curtis Mase of the Mase, Lara & Ebersole law firm.

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Yesterday I reported on a settlement which a passenger from Texas reached after she was seriously injured while trying to step off a tender boat onto the dock in Grand Cayman.  The case illustrates the liability of cruise lines when they fail to safely transfer their passengers from the cruise ship to shore during ports of call.     

The passenger was seriously injured and underwent surgery with the insertion of plates and screw.  This type of injury is painful, the surgery and recovery are painful, and the medical expenses are substantial.  After fling suit, the Carnival passenger reached a $125,000 settlement with Carnival cruise line.  

The settlement was picked up by a local news station, CBS News 4 in Miami, and then I blogged about it, and then it was discussed by the very popular USA Today cruise blog called "CruiseLog" this morning, and by the afternoon a news station Cayman 27 in Grand Cayman was reporting about the settlement.    

The CruiseLog readers, who are usually conservative, pro-cruise and anti-lawuit minded, concluded that the settlement was too much, which is strange because it seems to be a rather modest settlement.  But the interesting thing is that such a modest settlement received so much attention - from a local news station in Miami - to a national newspaper - to a news station in the Caribbean.

Settlements like this are usually confidential because the cruise lines require secrecy.  Cruise lines hate publicity like this.  It is inconsistent with the image cruise lines try and project, and the cruise lines think that it encourages others to file suit.  But the truth is that cruise lines like Carnival make billions upon billions of dollars each year and pay no taxes by incorporating in foreign countries like Panama and flying foreign flags on their cruise ships.  Carnival also has literally billions of dollars in insurance.   

Anytime a passenger falls between a tender boat and a dock, it is going to be a case of liability.  Cruise lines have a duty of "high care" for getting passengers, particularly elderly passengers, safely to shore.  So a settlement like this is almost a certainty. 

Although this case has received alot of interest in the media, a $125,000 settlement is pocket change for a corporation like Carnival when it lets a passenger fall between a tender and a dock.  

Video credit:      Cayman 27 News

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Local CBS News 4 reports on a settlement reached yesterday between Carnival cruise line and a passenger trying to exit from a tender boat. 

Elizabeth Reimer of Texas sailed out of Galveston to the Caribbean.  When the cruise ship reached Grand Cayman, the cruise ship ferried passengers to and from the port via tender boats operated by a local company.  Ms. Reimer was seriously injured when she fell trying to exit from a tender boat to the dock.  The vessel moved away from the dock and her leg fell into the gap, breaking her tibia. 

Cruise lines have a duty to safely transport cruise passengers to and from port.  In many ports, the local docks can not accommodate large cruise ships and have to bring the passenger to and from the port via tender boats.  The process is called "tendering."

Some cruise lines carry their own tender boats on the side of the cruise ships.  Other cruise lines use local companies at the cruise port to tender the passengers.  

Many accidents occur when the tender is not safely secured to the cruise ship or the dock.  Some accidents occur because there is insufficient assistance provided by the cruise lines to elderly passengers trying to get ashore from the tenders.  Other accidents occur during rough weather.  Accidents occur on floating docks after the passenger get off of the tenders.

Some cruise lines try and deny liability for tender accidents, claiming that it is the responsibility of the tender companies or the local port facility.  But there is a clear legal obligation of the cruise line in these type of situations.  Indeed, there are cases indicating that cruise line have a duty of exercising a "high degree of care" for their passengers in safely transporting passenger to and from the cruise ships.  

Ms. Reimer (who was represented by another lawyer in Miami) ended up settling her case for $125,000.  The unusual thing about her case was that Carnival agreed to give her a 2 for 1 cruise certificate as a part of the settlement deal.  It is our experience that the last thing an injured passenger wants is to cruise again.  The cruise line often views the passenger as a liability and doesn't want them back as a customer in the future.  We have even handled cases where the cruise line insists that the passenger agree to never sail with them as a condition of the settlement.

The other unusual thing about this settlement is that there was no confidentiality provision.  (Even the amount of the settlement was disclosed).  So the video below was aired on the local CBS affiliate in Miami, CBS News 4:     

Photo credit:   beans-around-the-world.com

Video credit:  CBS News 4 (Miami)

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In the last several months, many cruise passengers contacted our office who have been seriously injured on the FlowRiders on Royal Caribbean cruise ships. Some passenger are injured when they fall.  Others are injured after they fall and then the water current drives them over the ridge into the back wall breaking their ankles.  

The injuries are extremely serious.  All passengers required surgery and were left with permanent injuries.

The complaints which we hear from the passengers are all the same -  the cruise line "instructors" seemed to be ill-trained or in a rush, and the instructions given to the guests were incomplete.  Without exception once the accident occurred, the crew members at the FlowRider did not know what to do.  The injured passengers often find themselves being put off in the next port on a Caribbean island with inadequate medical treatment.

Royal Caribbean is the only cruise line which has FlowRiders.  That's because the other cruise line do not want to subject their guests to such serious injuries and then face the legal liability of having one of these dangerous activities on their cruise ships.    

Royal Caribbean has FlowRiders on the Oasis of the Seas, Freedom of the Seas, Independence of the Seas, and Liberty of the Seas.  The cruise line describes the FlowRiders innocently enough on its website: 

"How It Works - The FlowRider sends a thin sheet of water up a sloped and (thankfully) cushioned platform to create a wavelike flow of water. So it's perfect for beginning, intermediate and advanced surfers . . . "

Royal Caribbean faces liability for: inadequate instructions to passengers; failure to maintain and operate the FlowRider consistent with manufacture instructions and industry standards; failure to accurately disclose and effectively warn passengers of prior accidents, injuries, and deaths aboard the FlowRider; and failing to respond appropriately to the accidents.

The cruise line forces the passengers to sign "Onboard Activities Waivers."  The cruise line tries to argue that these 'waivers" strip the passengers of their rights whenever they are injured while flowboarding, zip lining, rock climbing, or ice skating. 

We believe these waivers are invalid.  They violate U.S. Federal law which prohibits shipping companies and cruise lines avoiding or limiting liability for injuries and deaths on the high seas.

Royal Caribbean knows that hundreds of passengers a year will be injured on the FlowRiders on their cruise ships,  They have installed large flat-screen tvs in the adjacent "Wipeout Bar" for the other passengers to watch the fun.  But if you are seriously injured, check with a maritime lawyer before you take the cruise line's word that their so-called "waivers' are valid.   

Don't forget to watch the video below - of Royal Caribbean FlowRider wipeouts - sung to "Let the Bodies Hit the Floor" by Drowning Pool:  

December 21, 2011 Update:  FlowRider Accidents: Royal Caribbean Liability Waivers Are Unenforceable!

Credits:

Photo 1           randmunn1 Fkickr 

Photo 2          carolsummer66 photobucket 

Video             YouTube lilmikee420

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A jury reached a verdict yesterday in the amount of $1,700,000 against cruise giant, Royal Caribbean Cruises, here in Miami.  The crew member is a musician who slipped on stage and suffered an injured shoulder which required surgery and ended his music career.

The Miami Herald reports on the case this morning, explaing that the defense lawyers for the cruise line suggested to the jury that they award less than $130,000 for the crew member's injuries.

The case is now being discussed on USA TODAY 's Cruise Log, a popular cruise blog frequented mostly by cruise fans.  The type of comments on this website are often in defense of the cruise industry.  You will often read comments that a verdict like this will cause cruise fares to increase.

The fact of the matter is that Royal Caribbean will collect over $6,000,000,000 (billion $) from its passengers this year.  It will pay $0 in Federal taxes because it registered its business in Liberia and flies flags of foreign countries to avoid taxes, safety laws, and wage regulations.  It is also part of an international "Protection and Indemnity" insurance group with hundreds of billions of dollars in assets.

The verdict will have no effect on the cruise line or any of its cruise passengers.  

Royal Caribbean is considered by many to be the worst cruise line in Miami regarding the mistreatment of ill or injured crew members.  Take a moment and read:

Royal Caribbean Cruises - An Epidemic of Sick, Injured & Neglected Crew Members

Cruise Ship Medical Care - Royal Caribbean Gives Their Crew Members the Royal Shaft

Leave a comment below if you agree or disagree. 

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This weekend while cleaning out a file cabinet, I ran across an article published by the Miami Herald entitled "Lawyers Turn Cruise Lawsuits Into Industry." The article stated that between 2001 and 2006, over 2,000 lawsuits were filed against the Miami based cruise lines - Carnival, Celebrity, Norwegian and Royal Caribbean.

The article mentioned that I was one of the "big three" leading adversaries of cruise lines. This was a nice compliment, I suppose, coming from a newspaper like the Miami Herald which is a big supporter of the cruise industry.

The article discussed lawsuits filed on behalf of passengers and crew members against cruise lines:

"The $25 billion-a-year cruising industry has faced more lawsuits than it cares to count over the past few decades -- some 2,100 in South Florida alone since 2001.

Many are filed by a small group of lawyers -- about 15 locally -- who specialize in representing injured cruise passengers and crew members and make up a thriving cottage industry in South Florida.

But the cruise lines aren't exactly sitting back -- far from it. They have teams of lawyers to fight or settle the suits, and they've quietly begun putting into place measures to make it more difficult to sue them."

"Prime Location For Passenger Claims"

One of the obstacles cruise lines use is the requirement that lawsuits by passengers must be filed here in South Florida.  Cruise lines have included forum selection clauses in the passenger tickets requiring the passenger to sue here in Miami rather than in their home town. The Miami Herald articles states:

"For lawyers interested in suing cruise lines, South Florida is the place to be.

If you want to do this kind of work, you pretty much have to do it in Miami," said Martin Davies, a maritime law professor at Tulane University.

Davies said plaintiffs' lawyers occasionally try to sue somewhere else, but they almost always fail. The perception is that the cruise lines are getting a hometown advantage. Davies disputes that, arguing that it makes sense for cruise lines to be able to limit the number of places where passengers can sue. "Their passengers come from all over the world," he said.

The cruise lines won't say how much money they spend on lawsuits, but most cases do get settled, with payouts ranging from a couple thousand dollars to more than $1 million."

For additional information about passenger lawsuits against cruise lines here in Miami, we suggest reading some of our other articles: 

Cruise Ship Accidents - Miami Maritime Lawyer

Cruise Ship Accident and Injury Law - Miami Florida - Forum Selection Clauses

Cruise Passenger Rights and Wrongs - Interview With Maritime Lawyer Jim Walker

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The Carnival cruise ship Ecstasy returned to sea following an incident where the ship listed heavily to avoid hitting a partially submerged buoy. 

Although Carnival initially downplayed the incident, it turns out that 60 passengers reported to the ship infirmary for injuries.

The video is from Houston News - ABC13.com

April 23, 2010 UPDATE:  Did Carnival's Ecstasy Cruise Ship Almost Hit A Sand Bar?

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When cruise passengers are injured during cruises and require legal representation, the chances are that they will require a lawyer in South Florida.  Most cruise lines are based in either Miami or Fort Lauderdale.  These cruise lines include "forum selection" clauses in the passenger tickets which require that the passenger's lawsuit must be filed in Florida.  

So if the accident occurs on a cruise ship operated by Carnival, Celebrity, Norwegian, Oceania, Regent Seven Seas, Royal Caribbean, or Silversea cruise line, the passenger will have to find a lawyer here in Miami or Fort Lauderdale.  This is true regardless of where the passengers live,  where they boarded the cruise ship, where the cruise ship is going, or where the accident occurs.  

Many passengers searching for a lawyer on Google or Yahoo run across listings for a "cruise ship accident lawyer" or "cruise ship injury attorney."  There are many lawyers who list themselves as "cruise ship lawyers" but they actually have no education, training, or experience handling maritime cases in general or cruise line cases in particular.

Our firm handles cases only against cruise lines.  We know how the cruise lines defend cases involving injured passengers and crewmembers.  When considering hiring a lawyer to represent you or your family, ask the lawyer some basic questions (our answers follow):

Did you obtain an education in maritime law?  Yes.  I studied maritime law courses starting in 1980 from the best law school in the U.S. with a maritime law curriculum.  Tulane Law School - Admiralty and Maritime Law

Are you a member of any maritime law societies?  Yes.  I am a member of the Maritime Law Association of the United States (since 1984), the Admiralty Law Section of the American Association for Justice, Florida Admiralty Trial Lawyers Association, and Southeast Admiralty Law Institute.

Have you lectured maritime law students?  Yes.  Last week I was invited to speak before the Maritime Law Society of Stetson Law School, the oldest law school in Florida.  Cruise Law Visits Stetson College of Law to Discuss Crime on Cruise Ships

Have you handled cases against cruise lines before, and how many?  Yes.  Over 500, in the last 10 years alone.  We routinely handle cases against Carnival, Celebrity, Costa, Disney (Magical Cruise Company), Holland American Line, Norwegian, Princess, Royal Caribbean, Regent Seven Seas, and Silversea.

Have you or your clients appeared before U.S. Congress regarding issues of cruise ship safety?  Yes.  We have attended five Congressional hearings in Washington D.C. with six clients regarding issues of cruise line safety issues.   

Do you handle only maritime cases?  Yes.  We handle only maritime cases involving accidents and injuries on cruise ships.  We have handled high profile cases involving cruise ship fires, collisions, and sinkings.  

The cases typically involve a cruise passenger slipping and breaking an ankle, knee, or hip on the cruise ship, an injury during a shore excursion, a passenger who is sexually assaulted during the cruise, or a crewmember who is injured during work.  Most cases where passengers and crewmembers are injured also involve issues of delayed or inappropriate medical treatment.  

Have you or your clients been featured in newspapers, documentaries, or on television news programs?  Yes.  Over 100 newspaper articles, law journals, and television programs have featured our firm and/or our cruise passenger clients.  

ABC, CBS, MSNBC, CNN, FOXNews, DATELINE, 48 HOURS, Larry King Live, A & E Investigative Reports, Hannity & Colmes, Greta Van Sustern, Nancy Grace, Inside Edition, Julie Banderas, Big Story Weekend, CourtTV, Catherine Crier, Montel Williams, Joe Scarborough, Rita Cosby, Mike & Juliet, Geraldo Rivera, Nancy Bloom, Dan Abrams, UK’s BBC-Radio 4, Heartland w/John Kasich, E!  Entertainment, TruTV, Canada’s CATV-5, Good Morning America, TIME Magazine, National Law Journal, RADAR Magazine, Lawyer’s Weekly USA, Miami Herald, American Law Media, Tradewinds, Fort Lauderdale’s Sun-Sentinel, Miami Business Review, LA Times, NY Times, Salt Lake Tribune, Florida Today, Daytona Beach Journal, Sacramento Bee, Washington Post, Greenwich Times, Greenwich Citizen, Greenwich Post, San Francisco Chronicle, St. Petersburg Times, Miami’s New Times, London’s Guardian, Edmonton Post, Chicago Sun-Times, Bahamas Journal, CruiseCritic, and the Associated Press have all covered our cruise line cases and our client's causes. 

Who are your clients?  Cruise passengers and crewmembers.  Most of our passenger clients are former cruise fanatics.  After being involved in an accident, they feel mistreated or neglected by the cruise staff and are often ignored once they return home from the cruise.  Most cases are not high profile cases, but simply involve an accident and questionable medical treatment on the cruise ship or in the port of call.  

Our cruise passenger clients come literally from all fifty states in the U.S.  Our crew clients contact us from around the world. 

• Comments (1)

Newspapers are reporting that the Costa Europa cruise ship collided with a pier in Sharm el-Sheikh, Egypt yesterday.  The collision ripped a hole in the hull of the ship and flooded a crew cabin, resulting in the death of three crew member who, unidentified, are described as "an Indian, a Honduran and a Brazilian."  (Technically speaking, when a vessel strikes a pier, it is called an "allision" - "collisions" occur between vessels). 

Four other people were injured.  Some reports indicate that another crewmember and three British women passengers were injured.  Other newspapers say that four passengers were injured. 

Pursuant to the terms of the passenger's cruise tickets, if the passengers need to make a claim for medical expneses and compensation, they are required to make their claim in Fort Lauderdale, Florida. 

Cruise line officials are quoted as saying that "strong winds" pushed the cruise into a pier as it tried to dock at the port.

It seems that every time a cruise ship hits a dock, the cruise lines blame it on the wind as opposed to poor seamanship at the helm.   

The cruise ship was sailing on an 18-day cruise from Dubai to Savona.

The photographs of the Costa Europe show the vessel listing heavily on its port side, in order to keep water ouring into the large opening on the starboard side. 

A photograph of the extensive damage to the crew quarters in shown is an article in the U.K. Sun newspaper. 

The passengers were disembarked, and Costa Crociere is arranging for them to be flown back to their countries of origin.

Credits:

Costa Europa  cruise ship -  AP (Hussien Talal) via Mail Online

Damage to crew cabin of  Costa Europa - U.K. Sun Newspaper

• Comments

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  

• Comments

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

• Comments

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 
 

• Comments (4)

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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The Daily Breeze newspaper reports that three ambulances and about 20 paramedics and rescue personnel were sent to a Royal Caribbean cruise ship in the Port of Los Angeles yesterday to treat three passengers with serious injuries and medical complications.  This is an unusual story, given the large number of emergency response personnel involved.

The injuries occurred aboard the Royal Caribbean's Mariner of the Seas, which arrived back in port yesterday. 

One passenger was a pregnant woman suffering possible complications and two passengers who had slipped and fallen on the ship. 

Two of the passengers were in the ship's infirmary when Los Angeles fire paramedics arrived. The other was in a state room on board. The paramedics transported the passengers to San Pedro Peninsula Hospital. 

A spokesperson described the injuries as "serious." While the spokesperson would not say what caused the injuries, he said they were unrelated.

Photo credit     Jane Engle / LA Times

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Over ten years ago, I was interviewed by Linda Coffman who has a very nice and exceedingly polite blog called CruiseDiva. Ms. Coffman's Twitter handle is @CruiseDiva. 

It was my first interview by anyone as best as I recall, long before I was interviewed on Larry King Live and Greta Van Sustern and the endless cable news talking heads.  I was a heck of a lot skinnier and had a nice head of hair ten years ago. What the heck, 500 or 600 cases later, I certainly know a lot more now than I did then.

I have always felt a great appreciation to Ms. Coffman for the thoughful interview a decade ago, which is below:

CRUISES . . .  LIKE NO OTHER VACATION IN THE WORLD

Things that go bump in the night happen. And when they happen on a ship, the horror of the possibilities are heightened. Who would have paid to see the movie Titanic if the ship hadn't sunk? No one embarks on a cruise expecting the worst and no major cruise line purposely puts their guest and ships in danger, but the unexpected and unavoidable can occur during any voyage. In my travels, I've been rousted in the middle of the night by a fire alarm, spent the day at a Red Cross evacuation center, and suffered the indignity of Norovirus--all on dry land.

Perhaps the idyllic and carefree perception of cruise vacations is as much to blame as anything for passenger discontent when the slightest out-of-the-ordinary incident crops up. Cruise lines tout their products as 'simply the best' and 'like no other vacation on earth.' Are they telling the truth? Absolutely. It's true--the worst day on a cruise is better than any day on land. Unless, of course, your ship is on fire, the plumbing doesn't work, or you're dead in the water with a tropical storm fast approaching.  

No cruise line or ship's officers would purposely put their passengers and vessels in harms way. That simply wouldn't make sense. Often decisions to change course and skip a port are beyond their control, particularly when Mother Nature is calling the shots. And there are accidents. However, "unavoidable" is not much consolation to a cruising couple celebrating twenty-five years of marriage on the second honeymoon of a lifetime. 

Distracted by glamorous photos or dreams of moonlit walks on deck and midnight buffets, few passengers take the time to read the fine print, either in the cruise brochure or their ticket. Even if they do read it, the legal language can intimidate the average person.  

For an explanation of passengers' rights and assistance in translating the "contract of carriage" (cruise ticket), I turned to James M. Walker.  A specialist in maritime law, Mr. Walker is a member of the Maritime Law Association and serves on the Admiralty Law Committee of the Florida Bar. In addition to having the unique perspective of representing both cruise lines and passengers, he has handled cases for clients throughout the United States, Canada, Europe, and South America.  

Mr. Walker graciously answered my questions, providing insight into passenger rights and what to do if things go terribly wrong on your vacation. 

How did you become involved in maritime law involving cruise ships? 

I grew up in a port city and our family traveled a lot. Our vacations seemed to revolve around the water - a trip down the Rhine, vacation in Malta, sailing in the Mediterranean Sea, and so on. I have always had an interest in the water. This turned into an interest in maritime law once I started law school at Tulane University, which has a pretty good maritime curriculum. Once I moved to Miami, rightfully called the “cruise ship capital of the world,” I joined a large firm which defended some of the larger cruise lines.  

Now that I am exclusively representing passengers and crew employees, I find myself traveling again on a regular basis. My practice provides me with the opportunity to travel to beautiful places like Vancouver and London, as well as small towns across the heartland of the United States, to meet with our clients.

What are your thoughts as a maritime lawyer regarding the collision involving the Norwegian Dream in the English Channel and the fire aboard Carnival’s Tropicale in the Gulf of Mexico some time back? 

These incidents raise important questions whether the cruise lines are devoting sufficient resources to protect passengers’ health and personal safety. Unfortunately, these mishaps are not isolated incidents. 

Take the fire aboard the Tropicale. Despite wide spread media coverage, few major news organizations reported the Tropicale’s prior problems which could be traced back to 1982 when a fire broke out during its inaugural cruise. 

Before the Tropicale fire, Carnival’s Ecstasy caught fire the previous year. Between those two incidents, the Sun Vista ignited off of the coast of Malaysia and 1,000 passengers found themselves in lifeboats in the Straits of Malacca. The video images of the Ecstasy on fire off of Miami Beach are hard to forget, but few people remember that the Ecstasy caught fire in 1996 as well. Carnival‘s experience with ship fires is not limited to the Tropicale or the Ecstasy. Remember the fire aboard Carnival’s Celebration in 1995 which forced 1,700 passengers to evacuate? All of this, and more, occurred in just four years.

After each incident of this type, the cruise lines immediately offer a reimbursement of some type and, perhaps, a free cruise. Inevitably, the story becomes old and everyone - including the cruise line - forgets about what happened, until the next collision, fire, or other mishap occurs.

A LOOK AT COMPENSATION

What do you think of the practice of some cruise lines offering free cruises to “compensate” for these type of mishaps?

It’s a good start, but is it adequate compensation? Lets look at the “cruise from hell” stories from the Tropicale. These passengers included families who brought their minor children aboard, couples honeymooning, or elderly citizens who used their limited savings for a relaxing vacation. Through no fault of their own, these nice people quickly found themselves in a nightmare - drifting in the Gulf of Mexico, nauseated, with a tropical storm approaching. Carnival’s offer of a full refund and a free cruise is a good idea, but is it adequate remuneration for their experiences? Does this reflect a greater commitment to safety, or just a more savvy public relations department?

The cruise lines are more likely to offer free cruises now than just a few years ago. Compare Carnival’s approach today with its attitude just a few years ago. In 1996, hundreds of passengers became sick and frightened when highs seas rocked the Tropicale as Hurricane Roxanne approached. 600 passengers signed a petition for a full refund. They believed that the captain threatened their safety by taking the cruise ship too close to the hurricane. Carnival responded with a $40 shipboard credit to make up for port charges on the missed ports in Grand Cayman and Cozumel. Does anyone really think this was sufficient compensation? Or was this just a public relations nightmare?       

Do you have any feel for how the passengers themselves regard these offers? 

Some passengers appreciate the “full-refund-plus-a-free-cruise” offer. But many people are not satisfied. The last thing they want to do is to step foot on a particular cruise ship again. 

Of course, the debate of a “free cruise or not” ignores the real issue of passenger safety. The important question is whether the cruise industry is devoting adequate financial resources to make their fleet as safe as possible for families and their children. Things like state of the art sprinkler systems, sophisticated security monitoring, and vigorous background checks on their employees.    

Remember, this industry earns literally billions each year in profits, and pays less than one percent in U.S. taxes by registering their vessels in Liberia and Panama. The notion that the traveling public should be happy with a free cruise and a tote bag trivializes the fundamental issue of protecting the precious lives and personal safety of millions of passengers every year.

What is the most common complaint you hear from a cruise passenger?

There are two general types of complaints. The first is what I call the “disappointed expectation” complaint. A passenger becomes disappointed because he or she feels that the service was poor, the weather was bad, their cabin had too much engine noise, or something like this. These type of complaints generally do not belong in a courtroom.

The second type of problem is when a passenger has been injured aboard the cruise ship, due to an accident, food poisoning, or an assault. The most common situation is when a passenger slips on a deck, trips on an elevated threshold, or falls down a flight of stairs. It happens on every cruise.

The most common complaint we hear is when a passenger writes to the cruise line regarding a particular problem, and does not receive a response after several months. Most passengers who contact us are not the least bit “lawsuit-minded.” Yet, they find themselves frustrated by the cruise line’s lack of response after they return home.

What are some of the interesting cases you have handled?

When we defended several of the cruise lines in Miami and Fort Lauderdale, we saw virtually every imaginable type of claim. Of course, with more than five million people sailing on cruises from U. S. ports each year - and everyone attempting to escape from reality - there are a lot of unrealized dreams which turn into strange lawsuits. Single women sue claiming that there were not enough single men aboard the cruise ship. The next week, single men sue claiming that there were not enough single women.

My favorite story involves an elderly widow from Miami Beach who loved to sail aboard from Miami at least three times a year. Unfortunately, she would trip or slip or fall every other cruise. She would file suit every year in December and then try to settle the case as soon as possible for at least two free cruises - first class no less. She still sends me a holiday greeting card every December. 

You would agree that there is no constitutional or absolute right to a perfect vacation or cruise?

True.

So what are the types of things which go wrong that are not the cruise line’s responsibility?

Most problems which fall into the “disappointed expectation” category are not the cruise line’s legal responsibility. An example would be when cruise lines change the itinerary and the passengers miss a popular port.

The courts determine whether a cruise line is legally responsible to a passenger by reviewing the terms of the passenger ticket. I saw one judge literally pull out a magnifying glass to read the fine print buried in the ticket. The passenger invariably loses when this occurs, which is not surprising. The cruise lines have spent considerable effort drafting language which protects them from virtually every imaginable situation. The exception is when a passenger has been injured or assaulted - there is a federal statute which prohibits cruise lines from limiting their liability in these circumstances. However, this exception may not apply if the cruise ship does not call on a U.S. port. 

Cruise lines reserve the right to change their itineraries at their discretion. Do passengers have any right to compensation or a refund (other than port charges) if such a change is made?

No, based on the “fine print” in the ticket. For example, Royal Caribbean’s language says that it “may at any time and without prior notice cancel, advance, postpone or deviate from any scheduled sailing or port of call.” As a public relations gesture, some cruise lines offer $100 or so for missing a port. But this is dependent entirely on the cruise line; they hold all of the cards in these type of situations. 

Theft from staterooms is pretty uncommon on cruise ships, but if something disappears mysteriously from my cabin, what recourse do I have?      

Virtually none. Again, most tickets limit the cruise line’s liability for theft. Carnival excludes any liability for money, jewelry, or other valuables “left lying about the vessel or cabin.” This seems reasonable enough. But even if the cruise lines is negligent, there is a $100 limit of liability for lost valuables, and a $500 limit if the valuables are deposited in a safe-deposit box in the purser’s office and then lost or stolen. 

First, read your ticket and take steps to protect your rights! Passengers who are injured have to send a letter to the cruise lines within a short period, usually six months, advising the cruise line that they intend to seek compensation. Also, passengers have a very short period - usually only one year - in which to file suit when they have been injured. If they are one day late, they lose their right to seek compensation.    

When a passenger is injured on a cruise ship, what proof should they present to substantiate a claim for personal injury?

Of course, not all injuries are compensable. There are two issues to consider. The first issue is liability - it is the passenger’s burden to prove that the cruise line is legally responsible for the accident. The second issue is damages - medical expenses, lost wages, and other intangible losses caused by an injury. This issue is simple; keep receipts of all of your out-of-pocket expenses, insurance claims, and medical bills. Be sure to request your shipboard medical records before you disembark. The cruise lines will usually try to put you off the ship without them, but remember - these are records of your health, and you are absolutely entitled to obtain a copy before you leave. 

• Comments

Cruise ship accidents, injuries, crimes, disappearances, fires, and collisions on the high seas involve issues of maritime law.  Jim Walker graduated from law school in 1983 and has been handling maritime law cases for the past twenty-eight (28) years.  He has handled the most straight forward slip-and-fall cruise ship injury to some of the highest profile cruise crime cases.

Jim focuses his maritime law practice on representing  cruise passengers and crew members in cases against cruise lines such as Carnival, Royal Caribbean, Celebrity, Princess and Norwegian Cruise lines. 

The firm handles cases on a "contingency" basis - meaning you do not send us a retainer and we do not bill you for our fees or expenses. 

We advance all costs and are reimbursed for our time and costs only if we are successful in reaching a settlement or we win the case for you. 

PASSENGER CASES:

Jim's firm represents passengers throughout the United States.  95% of his clients live outside of Florida, from New York to California.  

Jim handles the following types of cases: 

• Slip and fall accidents on wet decks, buffet floors, and slippery pool decks. 
• Sexual assaults on cruise ships, by crew members or other passengers.
• Physical assaults and battery, often due to intoxicated passengers.
• Overboard passengers and “disappearances” at sea.
• Injuries during shore and sea excursions.
• Injuries and deaths on tour excursion vehicles and open "safari" buses.  
• Injuries while boarding tenders to and from the cruise ships.
• Cruise ship catastrophes - fires, sinkings and collisions.
• Injuries and deaths arising from terrorist and pirate attacks.

CREW MEMBERS CASES

Jim has handled many hundreds of cases against cruise lines like Carnival, Celebrity, Oceania, Princess, Royal Caribbean and Silversea.  The types of cases include:  

• Delayed and improper medical care on the cruise ship.
• Failure to provide medical treatment ashore.
• Medical negligence by doctors hired by the cruise lines in foreign countries
• Failure to pay wages and living expenses in a timely manner.
• Abandoning the crew member in their home country after becoming injured or ill.
• Neck, shoulder and back injuries to waiters due to lifting heavy trays.
• Slip and falls in the galley.
• Injuries to stateroom attendants.
• Accidents handling luggage during embarkation day.
• Sexual harassment and sexual assault.     

Jim is handling cases of crew members from countries like Jamaica, St. Vincent, Trinidad, Bahamas, Haiti, Serbia, Croatia, India, Canada, Peru, Brazil, Argentina, and Mexico.