Costa Concordia Survivors Face February 12th Deadline!

There is a lot of talk in the media about so-called "class action" lawsuits, arising out of the Costa Concordia cruise disaster, seeking hundreds of millions of dollars in compensation and other far fetched claims.  Most of these exaggerated claims are being made by lawyers who have absolutely no experience handling maritime claims.

What is not being discussed in the media is that the Costa Concordia survivors are facing a deadline as early as the end of this week. The deadline pertains to the passenger's claim for their lost luggage, clothing, electronics, jewelry and other personal effects.

According to the terms of the Costa Cruises passenger ticket, passengers must provide written notice to the company identified in the ticket for all claims other than physical or emotional injury, Costa Concordia Cruise Lawsuit Deadlinesillness or death within thirty (30) days of the incident.  Here is the pertinent language: 

" . . . The Carrier shall not be liable for any claims whatsoever, other than for physical or emotional injury, illness or death of the Passenger, unless written notice of the claim with full particulars is delivered to the Carrier or its duly authorized agent within thirty (30) days after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within thirty (30) days thereafter.  No legal proceeding whatsoever, other than for personal injury, illness or death, shall be maintainable in any event unless filed within six (6) months after the Passenger shall be landed from the Vessel, or in the case the voyage is abandoned within six (6) months thereafter, and unless valid notice or service is effected upon the Carrier within 120 days after commencement of the proceeding."  (emphasis added) 

Thirty days from the January 13th incident is next Sunday, February 12th.  All passenger intending to make a claim for their personal belonging must send a  "written notice of the claim with full particulars" and deliver it to the carrier identified in the passenger ticket, or its duly authorized agent, within the next week.

If you don't send the notice in timely and to the correct company, the passengers risk not satisfying one of the "conditions precedent" necessary before a lawsuit can be filed.

The fact that Costa has offered 11,000 Euros (around $14,600) for a settlement does not extend a passenger's obligation to provide the required notice within 30 days.

The deadline again is Sunday, February 12, 2012. 

If you need assistance in sending the notice to the correct company and correct address, do not delay.  We will be pleased to assist you free of charge in sending the property damage notice in.

Our firm and our co-counsel, Glenn Holzberg, are also assisting about two dozen passengers who suffered physical and / or psychological injuries during the Costa Concordia disaster.

Unlike many non-maritime lawyers rushing to file suit in the U.S. (and are probably filing suit in the wrong jurisdiction), we are recommending patience to our client once they send in the necessary notices to the cruise line.  We will be negotiating directly with the cruise line to obtain fair compensation for those who have suffering emotional or physical injuries.  We are not charging a fee on any portion of the first $14,600 obtained by our clients.  All passengers are offered this amount and it would not be fair to obtain a percentage of what is already offered. 

Claims for emotional anguish and personal injury and death must be filed within one year, and require a notice letter being sent within 6 months.  

Claims for property losses must be filed in six (6) month for the date of the incident, after the aforementioned notice letter sent within 30 days.

If you are confused about whether to accept the Costa $14,600 offer, or need assistance preparing the correct forms, please send me an email jwalker@cruiselaw.com or give us a call.     

Are Lawyers Taking Costa Cruise Survivors Into Dangerous Legal Waters?

As rescue and recovery attempts continue to try and locate the bodies of passengers missing from the Costa Concordia disaster, law firms in the United States are moving forward to file class action lawsuits against Costa Cruises and its parent company, Carnival Corporation, in Miami, Florida.

One of the firms advertising for such cases and taking a high profile position is the New York firm of Proner & Proner.  On its page "Costa Concordia Passengers: We Are Here for You," the Proner firm states that it intends to seek "at least $160,000 on behalf of each of the passengers aboard Costa Concordia Class Action Lawsuit - Miaimithe ship at the time of the wreck. Those who were injured, as well as those with wrongful death claims, may be able to collect multiple times that amount." 

In a telephone interview with a local reporter in Miami, the Proner firm said it intends to represent passengers of "all nations" from "Peru to Shanghai."  It will be seeking to recover "millions" on behalf of the dead or missing passengers.  During the interview, the New York lawyer said a lawyer was flying to Miami to file the class action lawsuit and would include Carnival as a defendant.

Whoa Nellie!  Lets slow down and collect our thoughts for a second. 

Cases against cruise lines are governed by a specialized area of maritime law which is different than land based law.

The courts have applied maritime law to uphold certain contractual limitations set forth in the passenger ticket issued by the cruise lines.  These terms and conditions of the cruise passenger ticket are quite draconian in nature.  Take a minute and read one of our articles about this issue: Top 10 Shocking Clauses In Your Cruise Contract.

One of the most important contractual terms includes what is called a "forum selection clause."  This clause specifies where the lawsuit must be filed.  The cruise lines identify a location that it convenient for them and inconvenient for the passenger.  The location is usually where the cruise line is located, which gives the cruise line a home court advantage so to speak.  It is inconvenient, time consuming, and expensive for passengers injured during a cruise to travel to the location chosen by the cruise line to file suit.

The cruise lines have been successful in enforcing these type of clauses.  In the case of Shute v. Carnival, the United States Supreme Court required a passenger who lived in Oregon, and injured during a cruise from California to Mexico, to file suit here in Miami.  No the passenger terms and conditions are not fair, but they are routinely enforced.  

For the Concordia disaster, the Costa passenger ticket contains a clause specifying Genoa, Italy as the location for the lawsuit.  Most tickests issued by cruise lines based in Miami like Carnival and Royal Caribbean select Miami as the place where the lawsuit must be filed.  But Costa's ticket is different.  For Costa cruises which call on an U.S. port, the lawsuit has to be filed in Broward County in South Florida.  If the cruise itinerary does not include a U.S. port, the lawsuit must be filed in Italy.

Last year, we wrote about a similar situation.  In Seung v. Regent Seven Seas Cruises, a passenger was injured while cruising on the Paul Gauguin cruise ship, operated by Regent Seven Seas Cruises, in the Pacific Ocean.  After Ms. Seung filed suit in South Florida where the cruise line is based, the defense lawyers moved to dismiss the case arguing that the forum selection claim required the lawsuit to be brought in France.  The federal court here dismissed her case.  The 11th Circuit Court of Appeal affirmed the dismissal and held that the passenger, from California, had to travel to Paris to pursue her remedies.  Our article is entitled Cruise Forum Selection Clauses: Do You Speak French?

As soon as lawsuits are filed against Costa in this jurisdiction, the cruise line will move to dismiss the cases and will cite the Shute and Seung cases discussed above. 

The cruise line defense lawyers will argue that the lawsuits cannot be filed here.  The Costa company is incorporated in Italy and based in Genoa.  The cruise ship is flagged in Italy.  The disaster occurred in Italian waters.  The Italian Coast Guard responded.  The Italian authorities are investigating the cause of the crash and the casualties. The criminal proceedings are taking place in Italy.  The lawyers for the passengers will be hard pressed to explain why the cases should not be filed in Italy. 

The Costa cruise ticket has another curious twist.  It specifies that Italian law should apply.  For death cases, Italian law may actually provide for a more equitable remedy that the U.S. General Maritime Law and statutory law - particularly where the deceased passengers are retired. 

In the U.S., wrongful deaths on the "high seas" (non U.S, territorial waters, including territorial waters of other countries) are governed by a federal statute called the Death On The High Seas Act ("DOHSA").  There is no recovery under DOSHA for pre-death pain and suffering or emotional losses of the surviving family members such as grief and bereavement.  The only recovery is for financial losses such as lost wages of the decedent.   If the decedents are retired or children, then there are no recoverable damages except for burial and funeral expenses assuming the bodies are located. 

So if the wrongful death cases are filed in the U.S., and the court applies U.S. law, there may be no recovery in certain death cases.  Yet if the cases were filed in Italy, there could be recovery under Italian law.  A passenger could conceivably file suit in a more convenient forum in the U.S. yet receive no recovery; whereas if the passenger filed suit in a less convenient location in Italy there may be greater recovery in some cases.

Then there is the matter of Carnival.  Yes it is the parent company of Costa.  And yes, as the Proner lawyers mention to the news reporter, it collects over 14 and 1/2 billion dollars a year.  But  that does not automatically give anyone a basis to sue it in Miami every time one of its subsidiary company's cruise ships around the world suffer a casualty.  

There are often severe consequences of filing suit in the wrong location or against the wrong party, including the assessment of costs and in some circumstances attorney fees. 

We hope that the lawyers who are working faster than the recovery teams in Italy to file suit here in Miami know what they are doing and are not navigating their clients into dangerous legal waters. 

Cruise Law: Miami Cruise Ship Law Update

This weekend the cruise port in Fort Lauderdale, Florida broke a new record with the most cruise passengers entering or leaving the port.  The Sun Sentinel reports that around 106,000 passengers will transit through Port Everglades on 24 cruise ships.  Each day from Friday through Sunday will see 8 cruise ships return and then leave the port full of passengers.   

The newspaper suggested an interesting visual perspective: If lined up bow to stern, the cruise ships sailing through Port Everglades this weekend are as tall as 22 Eiffel Towers, or as long as Port Everglades Cruise Port - Cruise Law72 football fields . . .

The heavy port activity is the result of New Year / Holiday cruise ships returning to South Florida.  

Unfortunately not all of the cruises turned out to be safe experiences. 

Multiple sexual assaults occurred on the world's largest cruise ship, the Allure of the Seas, during a cruise over the New Year.  We discussed the alleged crimes in an article last Wednesday.  The alleged rapists were passengers from Brazil.  It is interesting to note that they were not arrested by the FBI but by the Broward Sheriff's Office.  Florida is the only state where the local police or sheriff officers can arrest and the state can prosecute crimes on the high seas.  In all other states, only the federal government can assert such jurisdiction.   

The alleged crime was finally reported by the Miami Herald yesterday and the newspaper mentioned our previous article.  It is good to see the the Miami Herald reporting on cruise ship crimes.  The Herald historically ignores stories like this and does not seem to want to anger the local cruise lines here in Miami who are major advertisers with the newspaper.  The Herald also included coverage on its Spanish edition, el Neuvo Herald - "Arrestado Hombre Acusado de Violación En Un Crucero."

Our firm was also mentioned in an interesting article about cruise ship norovirus and whether cruise line are taking adequate steps to sanitize their ships.  E Turbo News (Global Travel Industry News) published an article "When Bugs Swim: Cruise Ships Provide Perfect Environment for Spread of Disease."  I talked about my experience interviewing cruise ship cleaners who believe that the EcoLab spray disinfectants cause injury to their lungs.  They admitted pouring the anti-bacterial solutions down the drain and replacing the solutions with water.  So when they wipe the wet rags over the cruise ship surfaces, they are probably just spreading the nasty viruses George Smith - Jennifer Hagel - Cruise Crimeeverywhere.  No wonder the cruise lines seem to have a problem with norovirus outbreaks.

The big news this weekend was the media hype surrounding DateLine NBC's update on the disappearance of cruise passenger George Smith who went overboard in July 2005.  Unfortunately, there was nothing new presented in the hour long show.  You can read our last article about Mr. Smith's situation here.  I have always thought the case involved foul play and the four men last seen with George Smith know more than they have admitted.  At least the DateLine program returned the public's attention to this unsolved case.   

With the renewed interest in Mr. Smith's case the popular Cruise Radio program aired a prior interview with me which you can listen to here

This blog started the new year out with our own record.  According to Google analytics, over 20,000 visitors read over 67,000 pages for the first 8 days of 2012.  

If you have a question about cruise ship law or want our perspective on a cruise related story, please contact me directly at jwalker@cruiselaw.com    

Cruise Radio: Six Tips to Staying Safe on a Cruise Ship

Yesterday award winning cruise radio host Doug Parker (photo left) broadcast an earlier interview with me about tips about staying safe during a cruise.  The text of his blog is below.  Don't forget to listen to the interview at the bottom link:  

Cruise Radio - Doug Parker - Cruise Safety Tips"It’s not something you like to think about but just like on land, crime too happens on cruise ships, too.  This week’s news has been about the George Smith case, a man who disappeared on his honeymoon cruise back in July 2005, aboard Royal Caribbean’s Brilliance of the Seas.  A follow-up “Overboard” will be on NBC’s Dateline this Friday night.

A lot of people let their guard down while cruising and think it’s safe to get crazy drunk or let their kids have full rein of the cruise ship because it’s a “safe-haven,” but that’s not always the case.  I mean you can drink all-you-want and not have to drive anywhere, right?

Maritime attorney Jim Walker of Cruise Law News sat down with us and gave us ”Six Tips for Staying Safe at Sea.”  This interview aired in January 2011 on Cruise Radio but we think this is a good time to reinforce what could be consequences of letting your guard down.

You will want to forward this article to any frequent cruisers in your life."

Listen to this short but informative interview here.

Cruise Law News: A Look Back at 2011

As this year comes to a close, it's time to look back at some of events of 2011.

Jewel of the Seas Crew Member InjuryLast year started out with a bang.  Our firm represented a seriously injured crewmember in a case against Royal Caribbean.  Our client sustained a debilitating back injury, underwent an unsuccessful surgery, and needed a second surgery which the cruise line refused to provide.  In January, a three member arbitration panel found that Royal Caribbean's refusal to provide the surgery "lacked any reasonable defense" and awarded the crewmember $1,250,000.  You can read  the decision here.

The award was featured in Miami's Daily Business Review, which you can read here.  It is the highest reported arbitration award for an injured crewmember to date.     

In ten days, we will begin a trial against Royal Caribbean on behalf of another crewmember who suffered a severe back injury, underwent an unsuccessful surgery and needs a second operation which the cruise line refuses to authorize.  Sound familiar?   Check back in a couple of weeks for the results of our first trial in 2012.   

Shortly after the Royal Caribbean award, we received bad news when a federal judge in Miami summarily ended one of our cases against Royal Caribbean where a young woman was severely injured while receiving private lessons on a FlowRider and underwent four surgeries.  The cruise line Royal Caribbean FlowRidertried to end the case based on a "liability waiver" which passengers are required to sign before participating in FlowRider activities as well as rock climbing, skating and other activities.  Liability waivers are illegal in maritime cases.  To our surprise the court granted the cruise line's motion, notwithstanding a federal statute clearly stating that liability waivers on the high seas are unenforceable.

The decision sent a shock wave through the Miami maritime legal community because liability waivers in maritime matters have been unenforceable for decades.  The defense lawyers for the cruise lines were giddy.  They spoke openly of requiring cruise passengers to sign liability waivers for everything from playing shuffleboard to exercising in the gym to swimming in the cruise ship's pool.  We appealed.  The Eleventh Circuit Court of Appeal overturned the lower court's ruling and held that cruise line liability waivers are illegal and unenforceable, even if they involve ultra-hazardous or inherently dangerous activities.  The decision is a great result that will protect cruise passengers for years to come.

The past year included the usual number of stories of cruise ship drug smuggling, sexual assaults, shipboard malpractice, serious injuries and passengers and crew disappearing under suspicious circumstances - everything the cruise lines don't want you to know about.

Jonathan Aronson - Lisa O'Neill - Jim Walker2011 was the first full year where our co-counsel Jonathan Aronson worked with us on cases.  Mr. Aronson was one of the best maritime attorneys in Florida who used to defend cases for Royal Caribbean until he switched sides to representing passengers and crewmembers.  The cruise line spent a small fortune trying to disqualify him and our firm from representing clients against it.  It lost.  We won. And most importantly, our clients benefited from having an excellent and highly experienced maritime attorney join our team.     

Our blog, Cruise Law News (CLN), enjoyed another popular year, ending up the number 11 most popular law blog per the Avvo/Alexa rankings.  This month over 53,000 people read over 156,000 pages of CLN. Here are some of the cruise highlights and lowlifes CLN covered:  

Mickey Mouse games by Disney Cruise Lines:  The Disappearance of Youth Counselor Rebecca Coriam  Things are not as they seem in the Magical Kingdom's fleet of cruise ships. 

The most reckless cruise passenger "rescue" I have ever seen:  Cruise Passenger Dropped into Freezing Waters During Botched Rescue  The crew should have been arrested.  And speaking of being arrested:  

Best articles in the spirit of "Occupy Wallstreet:"  Royal Caribbean Executives Get Richer While Crew Members Get Poorer and Royal Caribbean Stock Fraud Lawsuits - What Did the Cruise Line Executives Know and When Did They Know It? 

Royal Caribbean Executives - Richard Fain - Adam GoldsteinThe saddest article and the most facebook "likes" for a single article:  Tragedy on HAL's Half Moon Cay: A Mother's Perspective (366 likes)

The most likes for drugs on the world's largest gay cruise:  Passenger Busted for Selling Drugs on Royal Caribbean's Allure of the Seas (299 likes)

Weirdest story:  Woman Alleges False Imprisonment on Scientology Cruise Ship "Freewinds"

Second weirdest story:  Life In Jail For Cruise Passenger Who Threw Wife Overboard

Third weirdest story:  Accused Royal Caribbean Cruises Rapist Sues Bahamas for Spending Four Nights in Jail After Acquittal

Best April Fools story:  Breaking News: Carnival Cruise Lines Incorporates in the U.S. and Subjects Itself to U.S. Labor, Wage, Safety and Environmental Regulations  

Cruise Ship DisasterMost negative reaction to an article:  Gun Fight in Cabo San Lucas: Is it Safe to Cruise to Mexico?

Best series of articles:  Disappearance of George Smith IV - Six Years Later

Best article written by a guest blogger:  Top 10 Shocking Clauses In Your Cruise Contract

Best videos:  Top Five Worst Cruise Ship Disaster Videos

My favorite personal articles:  Are Cruise Ships Ruining Venice Or Just Memories From My Youth? and A View From A Fifth Grader - Gaddafi Finally Falls 42 Years Later 

Thanks to our readers, friends, and supporters for making CLN a success.  Don't forget to follow us on Twitter and our Cruise Law News facebook page.

Do you have a question about cruise law?   Don't hesitate to email me - jwalker@cruiselaw.com.

Jim Walker

How to Hire a Miami Maritime Lawyer to Sue a Cruise Line

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.

Jim Walker - Miami Maritime LawyerOver 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. 

Miami Florida Maritime Law Firm 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

Cruise Law News RoundUp - September 17, 2011

Cruise ship issues in Europe dominated the world of cruise news this week.

An explosion in the engine room of the Nordlys cruise ship, operated by Hurtigruten, resulted in a fire and the evacuation of the ship off of Norway.  Half of the 200 or so passengers were evacuated in lifeboats and the other half got off the cruise ship when the vessel was towed to port.  All passengers were safe but unfortunately two 2 crewmembers died and many were injured.      

Whenever a cruise ship explodes or catches on fire, there is always a cruise / travel columnist who feels compelled to publish an article insisting that such cruise calamities are rare.  This time it was Jane Pearl of Scandinavia - Cruise Ship FireArcher, a cruise fan and columnist who writes for the Telegraph Travel. Her puff piece article Hurtigruten Fire: How Safe is Your Cruise? claims that "incidents like this are few and far between."

The problem with this claim is that just last year an engine room fire caused the evacuation of over 600 passengers and crew in Norwegian waters.

That incident involved the German cruise ship Deutschland.  And just last November a cruise ferry, the Pearl of Scandinavia, erupted in fire off of Norway while filled with cars and passengers (photo left).

Ms. Archer somehow overlooked these two recent cruise ship fires in Norwegian waters.  Cruise ship fires are not as uncommon as cruise columnists may want you to think.  Take a moment and read Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything?

The other big development in Europe involved the parents of missing Disney Cruises youth counselor Rebecca Coriam meeting with the U.K. Shipping Minister to discuss enacting legislation to permit the U.K. to become involved in the investigation when British citizens disappear on foreign flagged cruise ship around the world.  Mike and Ann Coriam of Chester England are understandably upset with the lack of information from the cruise line and the single policeman from the Bahamas who is charged with investigating the disappearance.    

While the Coriam family was working to make cruising safer for the U.K. public, another cruise passenger disappeared from the Fred Olsen Balmoral cruise ship. Last year, the Balmoral was dubbed the "Cursed Cruise Ship of the High Seas" following a series of norovirus bouts which sickened hundred of passengers and crew.  We reported on the unexplained disappearance of another passenger  from the Balmoral last year.  The Balmoral also narrowly averted disaster when it was attacked by pirates last year.  

On a lighter personal note, the season finally started for my younger son's JV football team.  Gulliver was trounced by rival Belen Jesuit, but my son got to play running back, split end and corner back.  He ran across the field and got a big hit on Belen's running back at the one yard line to save the touchdown.  Watch the play to the end!

  

Photo credits:

Pearl of Scandinavia - AFP

Video -  richardsalinas29 youtube   

$800,000 Arbitration Award for Injured Carnival Crewmember

An arbitrator in California recently awarded substantial compensation on behalf of a seriously injured Carnival crewmember.

California attorney Stephen Estey issued a press release which stated that he obtained an arbitration award for a crewmember working aboard the Carnival cruise ship Imagination in the amount of $800,000 for injuries sustained in June 2008.  The press release states that Polish citizen Marcin Sokolowski was employed by Carnival as an assistant Maître D.’  His duties Imagination Cruise Ship - Crew Injury - Arbitrationincluded lifting heavy bins of food and equipment.   Although some of the bins weighed in excess of 100 pounds, Carnival refused to provide him with a dolly to assist him in loading and unloading the bins. 

In June, 2008, crewmember Sokolowski felt a "pop" in his low back while lifting the bins.  He felt immediate pain and reported this to the ship's doctor, who only prescribed pain medication. When the crewmember's pain persisted over the next few days, the ship doctor injected him with pain killers and tried to "adjust" his lower back. 

Sokolowski's condition declined and a doctor in Cabo San Lucas, Mexico recommended surgery after a MRI of his lumbar spine confirmed that he had a herniated disc at L5-S1 on the right side.

In mid August, 2008, surgeons at the University of California at San Diego Medical Center performed  a lumbar discectomy; unfortunately, Sokolowski suffered permanent damage to the nerves radiating to his leg.  The press release states that the U.S. neurosurgeon and, subsequently, a disability commission in Poland found Sokolowski to be permanently disabled.  The arbitrator awarded total compensation in the amount of $800,000. 

As we reported earlier today, arbitration awards for back injuries have ranged for as little as $75,000 to a high of $1,250,000 in a case we handled earlier this year.

I do not know Mr. Sokolowski or his counsel but his story is the same story injured cruise employees tell us.  Crewmembers sustain serious injured on cruise ships and then undergo medical "treatment" on the cruise ship consisting of masking the pain and delaying the cure.  By the time that board certified U.S. doctors finally treat them, the crewmembers often have sustained additional and permanent neurological damage.   

Given the range of cruise ship arbitration awards so far, Mr. Sokolowski's lawyer did a good job obtaining compensation for his client.   

If you are a crewmemmber, from the Caribbean, Europe, India or South or Central America, injured on a cruise ship, please consider reading Arbitration of Cruise Line Crewmember Cases.

Cruise Law News RoundUp - July 18, 2011

The big news this week is the sad story of the sinking of the Bulgaria cruise ship on the Volga river.  The 1955 era ship was considered a rust bucket.  On the day in question, it sailed with a malfunctioning engine, listing to one side, and overloaded with passengers.  When a storm turned the ship sideways, the captain could not right the vessel and it rolled and sank.  Over 100 people Bulgaria Cruise Ship Disasterperished, mostly women and children.  The international press is calling the tragedy the Russian Titanic.

Last week marked the six year anniversary of the suspicious death of George Smith.  We ran a series of articles Disappearance of George Smith IV - Six Years Later.

Royal Caribbean is placing pressure on the city of Key West to dredge and fill a path through the Florida Keys National Marine Sanctuary in order to widen the shipping lane into the harbor to accommodate its Genesis class of cruise ships, according to the Key Noter newspaper.   If the channel is not widened, the cruise line threatens to bypass Key West and head straight to Mexico.  However, dredging will destroy coral and sea fan resources.  Currently, some 800,000 cruise passengers unload into Key West every year.  Some residents expressed concern that adding even more cruise tourists from mega ships like the Allure and the Oasis will degrade the overall experience of visiting Key West and turn it into an "amusement park like atmosphere," transforming Duval Street into "redneck Disney World meets Myrtle Beach."

Robert McGill - Murder - Carnival ElationCarnival cruise passenger Robert McGill, aged 57, admitted killing his wife of five years, Shirley McGill, after an argument during a five-night cruise aboard the Elation to Cabo San Lucas in July 2009.  I blogged about this bizarre case last year -Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case.

Regarding firm news, Cruise Radio interviewed me regarding a legal case.  Cruise Law News is the number 15th most popular law blog per the Alexa / Avvo rankings.  AOL Travel / Gadling published an article - "Death by Cruise Ship? It Can Come in Several Ways" which mentioned our firm.   The article cited our series on the disappearance of George Smith and featured a video of me on the Scarborough show.  Wow, did I lose a lot of hair in the past six years.

Princess Cruises showed how not to handle customer complaints by abandoning a honeymoon couple in St. Thomas (the crime capital in the Caribbean) and then dumping a passenger who Captain Stubing - Love Boatneeded a blood transfusion in Montego Bay, allegedly causing her to suffer brain injuries.  

Where is Captain Stubing and the Love Boat Doc when you need them? 

I ended the week with an article on the long hours and low pay which cruise ship cleaners receive: Long Hours, Repetitive Injuries & Bad Medical Care Plague Royal Caribbean Crewmembers.   Imagine working 330 hours a month for around $550. Turns out to be $1.67 hour or so. 

But don't worry.  When you sustain a serious repetitive hand injury, the cruise lines will send you back to Jamaica for surgery. 

Oh, I forgot, there are no hand surgeons in Jamaica.

Cruise Law News RoundUp - Monday June 13, 2011

This past week has been a busy time for our firm with many international news stories being published about the cruise industry.

Jim Walker - Jamaica - Cruise Ship LawyerOur firm is off and running with our advertising in Jamaica.  We spent Sunday fielding questions from prospective clients in response to our ads in local Sunday newspapers.   We are in discussions with advertisers in other Caribbean countries where injured and disabled crewmembers are abandoned by Miami-based cruise lines.

Our firm received a fair amount of press in the last week.  We were quoted in the Los Angles Times (discussed below) regarding a major cruise story.  The South Florida Business Journal and the U.K.'s Telegraph mentioned Cruise Law News' article about the bizarre 7 hour interrogation of British passengers by the U.S. Customs and Border police. 

it seems like some over-zealous Federal agents in Los Angeles mistook the geriatric British passengers on the luxury cruise ship as al-Qaida terrorists and subjected them to a nightmarish situation where the 2,000 elderly passengers underwent detailed passport checks, extensive background interviews, and biometric checks, including fingerprints of both hands and Interrogation Cruise Ship Passengersretina scans after standing in the heat for 7 hours.  You can read about the misguided way our Federal government treats tourists in my blog U.S. Customs Officials Take Revenge Against Elderly British Cruise Passengers?

Turning to more serious legal news, last Friday a Federal Court Judge in Miami rejected an attempt by Oceania Cruises to limit its potential liability at no more than $65,000 for alleged damages suffered by a 13 year old child raped on the Regatta cruise ship.   

Can you imagine having your child raped during a vacation cruise and then have the cruise line try to limit its liability for damages to only $65,000?  Only a cruise line could handle its PR like this.  You can read about the case here.    

The major event this weekend involved the Los Angeles Times' article about the sad tale and continuing mystery of missing youth counselor Rebecca Coriam from the Disney Wonder cruise ship.  Written by Corina Knoll, the LA Times article is entitled "Bereft Parents' Loss is as Deep as the Ocean."  It contains an iconic photograph (bottom) of Rebecca's parents, Mike and Ann Coriam, standing at the dock in San Pedro as the Wonder cruise ship sailed off for another cruise to the Disney Wonder Cruise Ship - Disappearance Rebecca CoriamMexican Riviera.  The Coriam family returned to Chester England with no answers regarding what happened to their daughter.  You can read our article here about the many questions which remain unanswered by this disturbing case.  

It amazes me that parents on the next cruise would drop off their kids to the care of youth counselors on the Disney cruise ship, after one of the counselors "vanished" during the last cruise.  How can a young woman completely "disappear" from the Magical Kingdom's cruise ship with no CCTV cameras capturing the events.  Are there "blind spots" in the CCTV cameras coverage of the ship?  Not a good idea on a cruise ship catering to family vacations with kids.  Does Disney have a serious problem with its security cameras?   Or do the cameras work just fine, but Disney is hiding information?     

The LA Times' article referred to our firm, as well as Congresswoman Doris Matsui who was instrumental in Congress' passage of the 2010 Cruise Vessel Security and Safety Act

A disturbing  issue with this latest cruise disappearance is that Disney Cruise Line is incorporated in the U.K. and Ms. Coriam is from England as well, but a single policeman from the Bahamas is involved in the "investigation" because the Disney Wonder flies a flag of convenience from that third Rebecca Coriam - Disappearance - Disney Cruise Lineworld country.  There is something wrong when a British citizen hired by a British corporation to work on a U.S. based cruise ship disappears, and no U.S. or U.K. agencies are allowed to board the cruise ship to investigate. 

This suits Disney Cruise Lines just fine.  They can work behind the scenes, as the policeman in the Bahamas sits in the police station in Nassau pretending to investigate what happened on a cruise ship sailing between LA and Mexico. Meanwhile, the Coriam family remains in England with no answers. 

I suppose that our U.S. Federal agents in Los Angeles could do a better job investigating the case of missing British citizen Rebecca Coriam.  But then again, they probably are busy harassing elderly British cruise tourists. 

"Injured on a Cruise Ship?" - Lawyer Advertising in Jamaica

Today we began advertising in Jamaica, as I mentioned in an earlier blog.  The ad below will begin appearing in some of the newspapers in Jamaica, and a variation will appear on some of the billboards in Jamaica.

I have been a lawyer for 28 years.  I have never advertised on television, radio, newspapers or billboards.  We have relied on our reputation developed over the years and recommendations from one client we have helped to the next potential client who finds himself in a similar situation.

I have always viewed "billboard lawyers" with disdain.  Florida is littered with huge billboards looming over the highways advertising lawyers with 1-800 I N J U R Y telephone numbers.   

I do not think I have ever seen any of these "billboard lawyers" actually in the courthouse.  Probably because they don't really go to court or actually handle cases.  Many of these lawyers take the calls from their 1-800 numbers and then refer the cases to other lawyers to handle.  Lots of Americans point to the lawyer billboards as endemic of the so-called "litigation explosion" which many people think plagues the U.S. 

Unlike the U.S., Jamaica has a culture where litigation is not encouraged.  Plus there are virtually no Jamaican lawyers who advertise.  Injured crewmembers are often from countries like Jamaica where few people file lawsuits, there is no legal advertising, and it is difficult to obtain basic information about your legal rights. Cruise lines often take advantage of this type of situation.

Over the next few months, Jamaicans will see our firm's name and photos on billboards, in newspapers, and on the radio throughout the country.  We know first hand that there are many Jamaican men and women who dedicated their careers to cruise lines like Royal Caribbean, only to be sent a one way ticket home and forgotten when they are seriously injured and can no longer work at sea.  Advertising in Jamaica will help level the playing field against the cruise lines.  We are educating these crewmembers regarding their right to obtain compensation here in Miami when they are disabled from cruise ship employment.

So, it is with mixed feelings that I am about to become a "billboard lawyer."   But not just any "billboard lawyer."  A Jamaican billboard lawyer.  

But unlike U.S. billboard lawyers, you will see the lawyers in our firm in the courthouse here in Miami fighting for the rights of our clients who the cruise lines have abandoned in Jamaica.      

June 28, 2011 Update:  We modified our ad, with a non descript cruise ship and a different background.

 

Cruise Law Update from Miami - the Cruise Capital of the World

This past week has been an exciting period of time for the lawyers at Cruise Law.

Jamaica:

Jonathan Aronson and I returned from visiting clients in Jamaica.  There are a number of injured crew members who the cruise lines have dumped back in their home country after they were injured working the long hours demanded of cruise line employees.  Under an ancient maritime doctrine called "maintenance and cure," maritime employers are required to provide all necessary medical treatment and pay the living expenses for the ill or injured crewmembers.  All too often, the Jamaica - Cruise Ship - Crewmember - Maritime Lawyercruise lines refuse to do so, and abandon their employees back in their home countries hoping that they will not obtain legal representation.   

Billboards, Newspapers and Radio:

During our trip to Jamaica, we met with representatives from billboard, newspaper and radio companies to begin advertising our legal services in Jamaica.   Unlike the U.S., Jamaica has a culture where litigation is not encouraged.  Plus there are virtually no Jamaican lawyers who advertise. Injured crewmembers are often from countries like Jamaica where few people file lawsuits, there is no legal advertising, and it is difficult to obtain basic information about your legal rights.  (The billboard above is near the port of Falmouth, by the Mayor of Trelawny Parish). 

That's about to change.

Over the next few months, Jamaicans will see our firm's name and photos on billboards, in newspapers, and on the radio throughout the country.  We know first hand that there are many Jamaican men and women who dedicated their careers to cruise lines like Royal Caribbean, only to be sent a one way ticket home and forgotten when they are seriously injured and can no longer work at sea.  We are educating these crewmembers regarding their right to obtain compensation here in Miami when they are disabled from cruise ship employment.

Wrongful Death Suit Filed Over Death of 14 Year Old Girl in St. Thomas:

USA Today, the Miami New Times and the Virgin Islands Daily News have reported on the case of 14 year old Liz Marie Peréz Chaparro, who was killed during a stopover in St. Thomas while on a Carnival cruise.   Cruise lines have a legal duty to warn their passengers of dangers in the ports of call which they select.  For our article about this terrible crime, read: More Caribbean Crime - Carnival Passenger Killed In St. Thomas

A copy of the lawsuit is available on line here (via courthousenews.com).  

More Publicity Over $1,250,000 Arbitration Award Against Royal Caribbean:

The media continues to cover the arbitration award which our firm obtained against Royal Caribbean for an injured crew member from Serbia.  The South Florida Business Journal first Jim Walker - Lisa O'Neill - Walker and O'Neill - Maritime Lawyers - Cruise Lawreported on the award in an article "Royal Caribbean to pay Injured Worker $1.25M" and referred to our blog article about the case. Miami's Daily Business Review and Law.com then ran articles about the case.

Royal Caribbean's defense lawyer Curtis Mase was quoted in a follow up article by the South Florida Business Review "Royal Caribbean Case Highlights Arbitration" that the outcome of the case "flies in the face of 200 years of maritime law."  Mr. Mase was referring to his argument that the cruise line should not be liable for the bad medical care provided to the injured crewmember after the cruise line abandoned her, an argument which the arbitration panel rejected. 

Maritime employers have been legally responsible for the medical care and treatment of injured crewmembers actually dating back beyond 200 years to the Medieval Sea Codes.  The arbitration panel not only found this cruise line's failure to provide appropriate medical treatment to be unreasonable, but it found Royal Caribbean to have acted negligently and to be 100% at fault in causing the crew member's accident.

The last crew member case which went to a final hearing or trial against Royal Caribbean and Mr. Mase resulted in an even larger award for a crew member who received bad medical care - Miami Jury Hits Royal Caribbean With $2,900,000 Verdict.

Epilogue to Losing Disqualification Motion

This arbitration award was the first crew member outcome from the team of Walker & O'Neill and former Royal Caribbean defense lawyer Jonathan Aronson.  Mr. Aronson "switched sides" two years ago.  In response, Royal Caribbean and Mr. Mase unsuccessfully tried to disqualify Mr. Aronson and our firm from suing the cruise line, which we reported on in articles Royal Caribbean Forces Defense Lawyer to Switch Sides and Its Not Personal . . . Its Strictly Business.  After losing its first two disqualification motions, the cruise line gave up.  It now has one of its best defense lawyers successfully suing it.

A Near Miss - Independence of the Seas Hauls Ass Out of Gibraltar   

An explosion from a large fuel tank near Royal Caribbean's Independence of the Seas resulted in Independence of the Seas - Explosion - Gibraltar - Oil Tank - North Molewhat the cruise line describes as "minor" injuries to a dozen passengers.  Seems like many guests on the top deck may have suffered flash burns when the tank exploded.  A potential disaster was averted when the captain and his officers made a quick assessment of the situation and sailed the cruise ship away from the burning tank and out to safety in the harbor.  You can see dramatic video and photos in our articles here and here.   

Although the story ended happily, the issue arises whether cruise ships are attractive targets for terrorists particularly when they are positioned for Mediterranean and Middle East itineraries.  Parking a cruise ship next to three large fuel tanks (especially during welding operations), needs to be re-thought.    

A Guest Blog Goes Viral   

The summer is here again and our firm's legal intern, law student Caitlin Burke has returned to help us with our cases.  She quickly volunteered for another "guest blog" which is one of the most popular articles this year.   Take a moment and read "Top 10 Shocking Clauses In Your Cruise Contract" and learn how cruise lines have stacked the deck against its cruise passengers.  A hell of a way to treat your customers!

If you are a cruise critic or a cruise fan and think you are up to writing a guest blog here on Cruise Law News, contact us and we will be pleased to discuss this with you.

Safe cruising .  .  .     

 

Photo credits:

Top:  Trelawny Billboard - Jim walker

Middle:  Port of Miami, Majesty of the Seas, Jonathan Aronson, Lisa O'Neill, Jim Walker - Jim Walker

Bottom:  Panorama newspaper in Gibraltar (Douglas Cumming)

Cruise Law Featured on Cruise Radio

Cruise Radio is the most popular cruise related radio show in the world. 

Yesterday we were one of the guests on the radio show and discussed tips on how to stay safe on cruise ships.  

I discuss some tips to keep in mind if you cruise.  About keeping your kids safe.  About child predators on cruises.  About cruise crime.  About the consequences of too much alcohol on cruises.  About violence during Caribbean excursions.  Some disturbing info, no doubt. 

As the host mentioned, Walker "gave some brutal but honest facts. It's a great reminder" about cruise ship safety.

Take a listen here.   

Vote for @CruiseLaw for a Shorty Award in #Law Because . . .

It's that time of the year where the Shorty Awards honor the "best people and organizations on Twitter and social media."  Throughout the month of January, people can nominate Tweeters in official categories and "crowd-sourced categories."  

I am seeking votes for the #law category.  For those of you who follow this blog or interact with me on Twitter, you know that I am a lawyer who believes in the power of communicating via the social media of blogs, Facebook and Twitter.  

Last year I tied for first place in #law and then did the chivalrous thing and voted for my opponent, a lawyer in England, to break the tie.

To vote for me this year, click on this link and you will see a proposed tweet that says: "I nominate @CruiseLaw for a Shorty Award in #law because . . ."  You have to give a reason after "because . . ."  It can be a serious reason (if you have one) or a silly one (like because he asked me).  But you have to give a reason or the vote will not count.

You can also vote simply by going to Twitter and tweeting "I nominate @CruiseLaw for a Shorty Award in #law because . . ."  (and then give a reason).

Thanks!

 Nominate James (Jim) Walker for a social media award in the Shorty Awards!  Nominate James (Jim) Walker for in #law in the Shorty Awards

Its Not Personal . . . Its Strictly Business.

The Daily Business Review published an interesting article today about a local cruise line's efforts to disqualify our firm and our co-counsel, Jonathan Aronson.  The article is entitled "Cruise Line Case Highlights Ethics of Switching Sides."

The dispute arises out of the fact that Aronson used to be one of the cruise line's defense lawyers, until it stopped sending him cases on a regular basis over the course of the last several years.  Curtis Mase - Its Not Personal - Its Business After Royal Caribbean assigned him only one case in 2009, Aronson informed the cruise line that he could not support his family and would no longer represent the cruise line.  Now a year later, Aronson has appeared as co-counsel with us in a number of cases against Royal Caribbean. The cruise line's response was to hire two law firms - Holland & Knight and Mase, Lara & Eversole, with instructions to disqualify Aronson and this firm at all costs. 

The Business Review's article contains some interesting quotes, one from Aronson and another from defense attorney Mase who is now tasked with taking Aronson down.

Aronson:  “I think they’re being vindictive.  They’re just going after me for blood. They’re trying to grind me down, no question .   .   .  I have a wife and two children in graduate school, and I have to make a living,”

Mase:  "This is not remotely personal.  We’ve all been friends for a long time, and we’ll still be friends when this is over."

The disconnect between these two thoughts reminds me of one of my favorite scenes from The Godfather.  The Corleone family lawyer, Tom Hagen, tries to calm Sonny down after Sollozzo tried to kill his father.  But Sonny would not listen to the lawyer's advice:

Sonny:  No, no, no, not this time, Consigliere.  No more meetin's, no more discussions, no more Sollozzo tricks. You give them a message.  I want Sollozzo.  If not, its all out war.  We go to the mattresses.

Jonathan Aronson - Its PersonalTom Hagen:  Some of the other families won't sit still for an all out war.

Sonny:  Then you tell them to hand over Sollozzo!

Tom Hagen:  Your father wouldn't want to hear this, Sonny.  This is business not personal.

Sonny:  They shoot my father and it's business, my ass!

Tom Hagen:  Even shooting your father was business not personal, Sonny!

Sonny:  Well then, business is going to have to suffer.  And please, do me a favor, Tom.  No more advice on how to patch things up.  Just help me win, please?

 

Mase and Aronson are probably both right. 

Its strictly business, and business as usual, for this $15 billion dollar corporation to try and knock out an attorney who switches sides.  But being abandoned by a former client who then tries to put you out of business when you are supporting your wife and two children is about as personal as it gets.    

   

 

 

If you liked this article, consider reading:

Royal Caribbean Forces Defense Lawyer to Switch Sides

Switching Sides And Finding Your Soul

Miami Cruise Ship Accident and Injury Lawyer

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.

Cruise Ship Lawyer - Miami - Accident - InjuryThe 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:

Cruise Lawyer - Miami Florida - Accident - Injury - Cruise Ship"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

Cruise Ship Accidents - Miami Maritime Lawyer

Over 5 million cruise ship passengers cruise out of the port of Miami each year.  Many sail on cruise ships like the Carnival Destiny, pictured below as its leaves Miami Beach and heads south to the Caribbean.

The majority of our articles here at Cruise Law News address current issues which occur all too often on cruise ships - like outbreaks of norovirus, shipboard sexual assaults, or passenger and crew members overboards.

Cruise Law - Jim Walker - Miami Maritime LawyerBut this article addresses the most common incident on a cruise ship - when a passenger slips and falls on a deck on the ship.  These incidents occur literally on every single cruise.  Fractured hips, broken kneecaps, displaced ankle-fractures requiring surgery  . .  and so forth.  The accidents occur by the buffets, by the pools, in the dining rooms, on the exterior decks - everywhere. 

Here are few things to keep in mind if you are a passenger injured during a cruise:

If possible, don't let the cruise line dump you off in a port in Mexico or a Caribbean port.  Its often better to tough it out a day or two and  get back to a U.S. port or fly back to the U.S. as soon as reasonably possible.  The surgical skills of the doctors in Mexico or the Caribbean islands are about 30 years behind U.S. standards.  Hopefully, you have trip insurance and your air ambulance back to the U.S. is covered - otherwise you are looking at $30,000 out of your pocket to fly back to the States.

Obtain the names and contact information of witnesses who can verify the conditions surrounding your accident.  The cruise line will never provide you with the accident report or statements of witnesses.  Never.  The cruise line's lawyers will blame you.  It does not matter that you sailed with Royal Caribbean 25 times and are a Diamond Club member.  Once you are a liability to the cruise lines, you have not seen a worse enemy.  Protect yourself.

Read the terms of your passenger ticket.  There is some important information in there.  Like, you have to notify the cruise line of your intention to seek compensation for your medical bills, lost wages, and disability within six months of your accident.  And if you need to file a claim, there is only a one (1) year limitations period to file the claim.  This is a much shorter limitations period - most states have a statute of limitations of up to four (4) years.  If you snooze, you lose! 

Be ready to travel to Miami for your lawsuit.  All of the cruise lines have "forum selection" clauses, whereby the cruise lines require to travel to a particular location to file your claim.  The cruise line is betting that you will not read the terms of the ticket and will file suit in the wrong courthouse - hopefully more than one year after your accident!.  The following cruise lines require that you file suit in Florida (Miami, Fort Lauderdale, or Cape Canaveral):  

Azamara, Carnival, Celebrity, Costa, Disney (Magical Cruise Company), MSC Cruises, Norwegian, Oceania, Regent Seven Seas Cruises, Royal Caribbean, Seabourn, SeaDream, SilverSea, and Star Clipper. 

If you file suit untimely and in the wrong jurisdiction, you will lose your rights!

For additional information, please read my interview about passenger rights - now ten years old!

Cruise Ship Accident - Cruise Injury - Cruise Lawyer - Miami

 

Credits:

Photographs         Jim Walker

 

Cruise Ship Accident and Injury Lawyer

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,  Cruise Ship Accident and Injury Lawyer - Miami Florida 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.   

Jim Walker - James Walker - Cruise Lawyer - Cruise Accident LawDo 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. 

Vote for Jim Walker @CruiseLaw for Shorty Awards in #Law

Friend & Foes - I am asking for your vote! 
 
I was nominated for a "Shorty Award" in the #law peoples' choice category. 
 
The official site of the Shorty Awards states that it honors "the best people and organizations on Cruise Law - James "Jim" Walker - Maritime Lawyer Twitter.  These unique awards are for the Twitter community, by the Twitter community."
 
Online voting is public and supposedly democratic, "culminating in an awards ceremony that recognizes the winners in 26 official categories as well as those in brand new crowd sourced ones."
 
I was nominated a bit late.  But, let's face it, i deserve it.  I'm just joking, or am I? 
 
To vote - click on the link here and vote for me for goodness sakes!  You have to give a reason for voting for me:
 
"I vote for @CruiseLaw for a Shorty Award in #law because . . . 
 
So say something nice, like "because he looks like George Clooney" (not true), or "because he is a nice guy" (partially true), or "because his Mom & Dad are really nice people" (totally true).   It does not matter, just say anything clever.  I want to win this damn thing!  Don't screw this up - I am counting on you! 
 
I did the obligatory interview for the award which is below (I hope I sound clever):    
 
What's your best tweet?
 
Royal Caribbean sails to its trademarked fantasy island of Labadee® as Haiti suffers . . .
 
What are six things you could never do without?
 
Coffee, beer, & the 4 hours between the 2   .  .  .
 
How do you use Twitter in your professional life?
 
If it involves a cruise, you will hear it from me first.
 
What's your favorite Twitter app?
 
Tweetdeck.
 
Twitter or Facebook?
 
A machine gun or a pea shooter?  I choose Twitter.
 
What was the funniest trend you've seen?
 
Once it's a trend it's no longer funny.
 
What feature should Twitter add?
 
Video skype.
 
Who do you wish had a Twitter feed but doesn't?
 
My Dad, the master story-teller, 80 years young.
 
What are some words or phrases you refuse to shorten for brevity?
 
Corporate malfeasance, flag-of-convenience.
 
Is there someone you want to follow you who doesn't already? If so, who?
 
Rachel Maddow.
 
Have you ever unfollowed someone? Who and why?
 
Yes, a few of those Do NOT Pay for White Teeth people snuck into my tent.
 
Why should we vote for you?
 
I had big ears, buck teeth, and stuttered in grade school - now I just stutter.
 
Terms you wish would start trending on Twitter right now?
 
Saints Win Superbowl.
 
What's the most interesting connection you've made through Twitter?
 
Cruise passenger tweeting on the deck of a burning cruise ship.
 
Hashtag you created that you wish everyone used?
 
#cruiselaw.
 
How do you make your tweets unique?
 
Cruise law, cruise law, cruise law, no one does it as timely, consistently, or insightfully (my, I am modest).
 
What inspires you to tweet?
 
Herman Melville said something in Moby Dick about the mutual joint-stock world we live in . . .
 
Ever get called out for tweeting too much?
 
Not so far, I assume people just leave the party if they don't like my rants.
 
Shorty Awards140 characters of advice for a new user?
 
Don't type in caps it is a sign of insanity.
 
How long can you go without a tweet?
 
1/2 circulation of the earth.
 
What question are we not asking here that we should?
 
Who should win the Shorty award other than you?
 
Who do you admire most for his or her use of Twitter?
 
@CruiseVictims - check it out.
 
Why'd you start tweeting?
 
I wondered what everyone was doing with their blackberries on TV during Obama's State of the Union speech.
 
Has Twitter changed your life? If yes, how?
 
Twitter intensified love/hate: my mother-in-law thinks I lost my mind, my kids think I'm brilliant.
 
What do you wish people would do more of on Twitter?
 
Use Twitter as vehicle for donations to non - profits.
 
How will the world change in 2010?
 
What makes you think the world will change?
 
What are some big Twitter faux pas?
 
Saying anything twice, selling anything, saying anything twice.
 
What will the world be like 10 years from now?
 
A ball of confusion, just like the world is today hey hey .  .  .
 

OK.  Thanks for reading.  Vote for me and I will appoint you to my cabinet, or maybe to be the Ambassador to the cruise ship League of Nations, or I'll send you a special gift, or  . . . 

Hey, I remember my friends . . .   

 

Shorty Awards

CruiseLaw Launches Cruise Blog "CruiseLaw News"

In 1999, I launched CruiseLaw.com - a legal web site focused on the cruise industry. The need for such a web site was obvious. Passengers sexually assaulted or injured on cruise ships operated by Carnival, Celebrity, Costa, Norwegian, or Royal Caribbean are required to bring their claims in Miami or Fort Lauderdale. The internet provides an easy way for passengers living in California, Kansas or New York to locate a maritime lawyer in South Florida for advice.

CruiseLaw in 1999 - No Shortage of Horror Stories

Within a year, we were representing over 50 passengers who had been seriously injured on cruise ships or shore excursions. It was disturbing to see the large number of injured passengers and to hear their stories about how the cruise lines treated them after their injuries. Worse still was the large number of women and children raped or molested by crew members where the cruise line tried to cover up the incidents.

We have seen cruise ship fires, "missing" passengers and crew members, and accidents of every sort - both on the cruise ships and during shore excursions. 

500 Cruise Clients Later - A Perspective to Share

Now ten years and around 500 clients later, I am launching this blog - called "CruiseLaw News." I will report on breaking cruise news every day. The blog will provide insightful legal commentary regarding cruise passengers and crew members around the world. No ghost writers here, you will hear directly from me. The cruise lines won’t be pleased. Travel agents may cringe. You will learn about issues that the cruise industry PR machine and the happy-go-lucky cruise fanatics don’t want you to know.

Post Your Comments - Pro or Con

This blog will not be a one way street. You are encouraged to post your comments. Please express your genuine feelings and opinions. No editing will take place. The only rules are to be civil. Hopefully, be original and thoughtful.  And, preferably, get to the point

Check back for my first blog, and we will get into things. In the interim, stay in touch with me on Twitter @CruiseLaw and see where I stand on the latest cruise fiasco.