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

The success of the Cruise Vessel Safety and Security Act of 2009 (HR 3360) can be traced directly to Congresswoman Doris Matsui of Sacramento California.

Congresswoman Matsui's constituent, Laurie Dishman, called upon her three and one-half years ago after Ms. Dishman was a victim of a crime on a cruise ship operated by Royal Caribbean Cruises. 

We have discussed Ms. Dishman and Congresswoman Matsui in prior blogs - Congress Passes Cruise Crime Law and Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4. 

The following video is of Congresswoman's comments on November 17, 2009 shortly before Congress passed the cruise crime law: 

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The House of Representatives passed the Cruise Vessel Safety & Security Act (HR 3360) today. This cruise bill was previously part of the Coast Guard Authorization Act of 2009, but was voted on today as a 'stand alone" bill to speed up its enactment.  

Congressapproved the bill by a resounding vote of 416 to 4.

A number of "All Star" Congressmen and Congresswomen spoke at the hearing today.  Here are the highlights of this historic event:

Cruise Ships - "Floating Pieces of Other Countries" - and the Need for  U.S. Laws to Protect Americans 

Congressman Elijah Cummings (D-MD) explained the problem of a lack of accountability of the foreign flagged cruise ships which become "floating pieces of other countries" once the ships are outside of U.S. waters. He recognized the need for cruise lines to adopt reasonable safety measures to protect U.S. passengers.  Some of the measures are simple and a matter of common sense, such as the requirement that all doors be fitted with peepholes so that passengers inside cabins can determine who is outside of their doors.  Congress was previously provided with testimony of passengers who opened their doors and were raped by crew members. 

Other safeguards include the requirements that cruise ships maintain supplies of anti-retroviral medications for rape victims (to prevent HIV / AIDS) and employ trained personnel to collect and preserve evidence following sexual assault.  Cruise lines are also required to report sexual assaults and other crimes to the F.B.I. and U.S. Coast Guard and maintain a link to this data base on the cruise lines' websites.  This last measure is important because cruise lines have a well deserved reputation for concealing cruise crimes from the public.  

A Cruise Victim's "Courage, Conviction & Dedication"           

Congresswoman Doris Matsui (D-CA), who introduced the crime bill, thanked her constituent (and our client) Laurie Dishman for her "courage, conviction, and dedication" after she was raped aboard a Royal Caribbean cruise ship.  Ms. Matsui explained that after the crime, the cruise line provided no assistance whatsoever to Ms. Dishman in securing the crime scene, or identifying the attacker, or in prosecuting the crime. The ship doctor gave Ms. Dishman a trash bag and told her to return to the crime scene and collect the evidence herself.  Congresswoman Matui characterized the need for the cruise crime bill as "urgent and necessary." 

Cruise Line "Outrageous Conduct and Callous Disregard" 

Congressman John Shadegg (R-AZ) spoke of the "terrible story" of Merrian Carver who disappeared on a Celebrity cruise ship. Although this is any parent's worst nightmare, Celebrity's parent company Royal Caribbean tried to cover the disappearance up and then labeled it as a "suicide."  (We have commented on the cruise industry's nasty habit of claiming all "disappearances" are "suicides" in a prior blog "Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea)  

Congressman Shadegg described Royal Caribbean's conduct of obstructing the efforts of Ms. Carver's parents to find out what happened to their daughter as "outrageous" and exhibiting "callous disregard."  He urged the adoption of the cruise law to protect other families who lose loved ones on the high seas.  A video of Mr. Shadegg is below.

"Disturbing & Startling" Large Number of Cruise Ship Crimes

Congressman Ted Poe (R-TX) criticized the cruise industry for concealing the large number of shipboard rapes.  He mentioned a "disturbing and startling" article in the LA Times ("Cruise Industry's Dark Waters") which revealed  that in a period of only 32 months Royal Caribbean had over 250 incidents of where cruise victims were sexually assaulted, battered or sexually harassed. (Our firm handled the case where a Court in Miami ordered the cruise line to reveal this information under a threatened sanction of $1,000 a day).   

Congressman Poe discussed Ms. Dishman's case where Royal Caribbean did nothing to assist her but sent her a letter after the rape thanking her for her business and enclosing a discount coupon for a future cruise!  He recognized Ms. Dishman for exposing the "atrocities" on this cruise line's fleet of cruise ships.

Cruise Ship "Culture of Indifference" Toward Victims

Congressman James Oberstar, the Chairman of the Transportation and Infrastructure Committee, also thanked Ms. Dishman who overcame her "terrible experience" with Royal Caribbean, found the "courage to testify" before Congress regarding her ordeal, and was "determined to see justice done."  He praised her for working to change "the culture aboard cruise ships of indifference" toward  crime victims.

On to the Senate!

The next step toward protecting the cruising public is a vote in the Senate.  

Great thanks for the tireless dedication of the International Cruise Victims ("ICV") organization for supporting the introduction of this cruise safety bill!

Want to get involved in the ICV?  Contact the ICV's President Ken Carver kcarver17@cox.net. 

We have ordered the C-SPAN coverage of the hearing today and will be posting the ventire ideo in the next week.  Below is the video of Congressman Shadegg's comments regarding the daughter of one his constituients, Ken Carver:   

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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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In April 2008, I attended the Congressional Victim's Rights Awards Caucus Ceremony in Washington, D.C.  One of my clients and good friends, Laurie Dishman, was being honored by the Caucus.  Ms. Dishman had been raped on a Royal Caribbean cruise ship.  The cruise line mistreated her following the shipboard crime. 

Ms. Dishman became a zealous advocate for rape victims after experiencing first-hand how the cruise line treated her and tried to cover the crime up. She received an award from her Congresswoman, the Honorable Doris Matsui of Sacramento California.  The photo to the the left is of Congresswoman Matsui, Ms. Dishman, and her dad Bill Dishman. 

But this article is not about Ms. Dishman, who is one of the most amazing women in the world.  I will write about Ms. Dishman's trials & tribulations and her resounding victories in later blogs.  This is about another brave young woman, Jamie Leigh Jones.   

At the awards ceremony, Ms. Dishman and I met Ms. Jones.  Ms. Jones was also being honored by her Congressman, the Honorable Ted Poe of the 2nd Congressional District in Texas (Houston, Beaumont).  Congressman Poe has attended some of the hearings in Washington over the years regarding the problem with crimes on cruise ships.  He has been a consistent supporter of crime victims, including rape victims on cruise ships.

Ms. Jones attended the awards ceremony with her fiance, a member of the U.S. Navy, and her family. 

While receiving her award, Ms. Jones briefly explained what happened to her.  While working in Iraq for Halliburton/KBR, a military contractor, her co-employees drugged and then gang raped her. She was also locked in a container and told not to report the crime.

When she filed suit to hold the rapists and Halliburton responsible for the horrific crime, her employer moved to dismiss her lawsuit and send her to what is called "arbitration."  Halliburton had inserted language into her employment agreement which tried to take away her right to a trial by jury.  Halliburton wanted her case to be decided by a single "arbitrator", picked of course by Halliburton (and undoubtedly a man), in a confidential setting.  She also had no right to appeal the arbitrator's decision.

I was dumbstruck to think that a rape victim could lose all of her legal rights and be subject to a "kangaroo court" where the same company who hired her rapists would also hire the arbitrator who would decide her case.  It seemed like being raped again.  

Halliburton's lawyers insisted on enforcing the "arbitration" scheme they prepared to rig the legal proceedings in favor of the corporation. The matter went on appeal to the Court of Appeal for the Fifth Circuit. 

The Court of Appeal recently ruled in favor of Ms. Jones.  The Court held that her claims for assault and battery, intentional infliction of emotional distress, negligent hiring, retention, and supervision, and false imprisonment are not subject to arbitration.  The Court's opinion is available online to review.          

The magazine Mother Jones covered Ms. Jones' story in an article entitled "Court Okays Halliburton Rape Trial."  It is worth a read.

There are corporations in the U.S., including cruise lines, who have modeled themselves on the Halliburton approach of let's-screw-our-employees-with-an-arbitration-agreement. Like Halliburton's lawyers, the cruise lines' lawyers have been plotting to deprive their employees of their rights. Some cruise lines are worse than others.  In subsequent blogs, I will discuss how some particularly bad cruise lines are scheming to strip their injured crew members - including rape victims - of their right to jury trials and U.S. maritime rights which have existed for 200 years.  

The Fifth Circuit's decision tells employers that you can't take away rights via arbitration when your employees drug, brutalize, and falsely imprison a young woman.  

The Court saw through Halliburton's arbitration scheme, and its secret kangaroo court. 

Now Ms. Jones can now seek justice in a court of law in front of a jury of her peers, rather than one of Halliburton's business partners. 

Photo Credits

Photos of Laurie Dishman - International Cruise Victims organization

Photo of Ms. Jamie Leigh Jones - ABC News 

Photos of Ms. Jones and Congressman Ted Poe -  Website of Honorable Ted Poe, 2nd Congressional District of Texas

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