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

This morning Kendall Carver, President of the International Cruise Victims organization, appeared on the "Fox and Friends" television show regarding the death of passengers aboard the Louis Majesty cruise ship.  

Mr. Carver raised the issue why the passengers were not warned of the wave conditions before the disaster, based on information gathered from the ship's radar and ocean buoys.  Waves of this height (around 30 feet) are not considered to be "rogue" waves and are to be reasonably expected on a cyclical basis. 

Mr. Carver also questioned why passengers were sitting in public areas with unsecured items around them near the glass windows when the waves crashed against the ship, and why the Louis Cruise Line officers did not inform the passengers to secure themselves in their cabins.

No Stranger to Disaster

In response to our first article on this incident - Monster Waves Hit Louis Majesty Cruise Ship - a reader, Jose, left an interesting comment:

A coincidence? This ship was owned by the company Louis Cruises whose "Sea Diamond" sank in Santorini on 5th April three years ago; two people also died . . . I was on board the ship when she crashed and sank.

The reader is referring to the sinking of the Sea Diamond cruise ship which struck a reef in Santorini, Greece.  The reef was in a known and well marked location.  The vessel's hull was ruptured and the cruise ship took on water.  Rather than grounding the vessel in shallow water, the officers thereafter took the vessel into deep water, where it sank. 

1,600 persons were evacuated, but two passengers, a father and daughter, were lost. There was a consensus that the officers engaged in reckless seamanship.  Greek maritime authorities arrested the cruise ship's Master and five officers and charged them with negligence. 

Photographs of the sinking of the Sea Diamond can be viewed at the web site of Michael Hipler.

Credits:

Ken Carver     KPHO News

Sea Diamond cruise ship     YouTube BlueDonkeyMan         

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The Paradise Valley United Methodist Church in Arizona dedicated a bronze statue in remembrance of Merrian Carver, the daughter of Carol Carver and International Cruise Victims president Ken Carver.

We have written about Merrian's "disappearance" in 2004 during a cruise to Alaska, and Mr. Carver's five year battle to reform the cruise industry: 

Ken Carver Fights for Cruise Ship Safety 

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

The local newspaper in Paradise Valley, the Town of Paradise Valley Independent, ran a story about the dedication entitled "Paradise Valley Church Members Dedicate Statue."  The statute is called the "Gift of Life" based on a poem written by Merrian called "The Butterfly."

Senator Kyl from Arizona and Congresswoman Matsui from California submitted letters of thanks and recognition for the efforts of Mr. and Mrs. Carver and the International Cruise Victims for working to improve the safety of the cruising public. 

Congresswoman Matsui who introduced the Cruise Vessel Safety and Security Act of 2009, wrote:

The beautiful bronze statue being dedicated today, depicting a young woman, book in hand, enables Merrian's spirit to live forever in this picturesque garden outside of the church that was such an integral part of her life . . . 

I want to take this opportunity to not only congratulate you on the completion of this monument, but also to recognize the tremendous efforts of those who have been personally impacted by crimes committed on cruise vessels.  Despite facing insurmountable losses, brave men and women have tirelessly worked toward ensuring that other do not have to endure the pain caused by these senseless acts.

As the author of the Cruise Vessel Security and Safety act, I admire the strength and unwavering commitment of Ken and Carol Carver and so many other members of the International Cruise Victims Association, who have tirelessly worked as passionate advocates for recent victims and who have so clearly articulated the need for higher safety standards on cruise vessels.  Their stories have captured the eyes, the ears, and the hearts of lawmakers who begun considering legislation intended to ensure the safety and security of all cruise passengers . . .

The statue was created by talented artist Bob Scheelings, who is pictured here with Mr. and Mrs. Carver.

At the moment when the stone foundation for Merrian's statue was being laid, Mr. Carver received an email from Washington. 

The communications director and legislative assistant for Congresswoman Matsui announced that the House of Representatives was voting on the cruise safety bill and expected the bill to pass overwhelmingly. 

Mr. Carver was in the prayer garden when he realized that five years of dedication on behalf of his daughter were culminating in the passage of the safety bill to protect other families. 

Those of you of faith know that there are no coincidences like this in life . . .    

Credits:

Photographs    Courtesy of Carol and Ken Carver

Other photographs are available on my Flickr page - Dedication of Prayer Garden Statue - Merrian Carver. All photographs are courtesy of the Carver family.

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AF Family.com in Phoenix, Arizona reports on the story of the family of Merrian Carver, a 40 year old who "disappeared" from a cruise ship.  The cruise line, Royal Caribbean, tried to cover the incident up.  The Carver family fought back. 

And won.

We have commented on the Carver family's struggle and other "disappearances" in a prior article.

ABC News / Primetime published a story on this case called "Cruise Cover-up? - Cruise Line Doesn't Notify Anyone When Woman Disappears On Second Day of Trip."  

The article below was written by Jared Dillingham of AF Family.com.  The video below is from the same source.

PHOENIX -- A Valley family says a cruise ship company covered up their daughter's disappearance a few years ago. But they fought back, and won.

When the family tried to get answers from the cruise line about what happened to their daughter, they found there isn't much oversight in the cruise ship industry. What happens at sea seems to stay at sea. But that's about to change.

On an Alaskan cruise in 2004 Merrian Carver, a 40-year-old investment banker, vanished. Her family in Phoenix called the cruise line.

"[They said] ‘We don’t know whether or not she got off,’” Ken Carver recalled. “That's it."

Equally stunned by Merrian's disappearance and the cruise line's response, the Carver family hired lawyers to try to get some answers, and surveillance video from the ship.

“I finally got them to admit in writing, in fact, they did have a video,” Ken said. “[But] they said they got rid of it.”

Ship staff also got rid of Merrian's clothes and belongings -- all part of what her father calls an attempt to erase any evidence that Merrian was ever on board.

"It's obstruction of justice,” Ken said.

What if the Carvers had never called the cruise line?

“Nothing would've ever happened,” Ken said. “Most people wouldn't have gone to the extent we did.”

From his home office, Ken worked with other cruise victims from around the world, together launching a campaign to bring some law to the high seas. After five years of lobbying Congress, they were successful.

"This will make those cruise ships more accountable and safer,” Congressman John Shadegg said on the floor of the House.

The new legislation will require cruise lines to file crime reports, preserve evidence, have rape kits and U.S. doctors on board, and install more video cameras and peepholes on cabin doors.

"This is an historic development,” Ken said.

And one that's brought the Carvers some peace and satisfaction, even though their daughter's disappearance remains a mystery.

The Carvers say the cruise ship industry spent millions lobbying against the changes. But the new oversight bill just overwhelmingly passed the House and should soon pass the Senate.

The original article can be viewed here.

For additional information, please go to the website of the International Cruise Victims and read the story of Merrian Carver and other victims.

Credits:

Merrian Carver Photo   Ken Carver

Video           AZ Family.com 

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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

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

The article features our firm and our clients and friends.  

Cruise Crime

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

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

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

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

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

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

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

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

"Arbitration" of Crew Member Cases

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

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

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

Injuries and Death of Cruise Passengers During Cruise Sponsored Excursions 

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

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

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

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

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

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