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

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, illness 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.     

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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 72 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 everywhere.  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    

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

Last 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 tried 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.

2011 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? 

The 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  

Most 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

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

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

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

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

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

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

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

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

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

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

We will send you four documents.

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

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

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

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

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

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Shon "Cruise Man 3000" Ford, recently interviewed Jim Walker, whom he refers to as The ‘Cruisetacular’ Legal Eagle, regarding his Cruise Law business. Cruise Man 3000 is not afraid to provide insight to both the good and bad of the cruise industry. Shon has a great blogspot where he posts about his travels on the high seas. He’s traveled aboard 23 different vessels composed of 5 different cruise lines.

Cruise Man 3000 is unique because he has the confidence to expose the negative side of the cruise industry in addition to his cruise industry enthusiast attitude. Cruise Man 3000 gives his honest perspective, something we appreciate here at Cruise Law.

Check out Cruise Man 3000's interview with Jim Walker here. Keep up the great work Cruise Man 3000. Safe travels!

Photo Credit: The Ocean Escape

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As year 2010 comes to a close, it's time to look back at some of the highlights of Cruise Law News (CLN).  

CLN reached the top 10 most popular law blogs, placing us above such heavyweight blogs as the China Law Blog, Simple Justice, Jonathan Turley and Overlawyered.     

CLN also became a "top cruise vacation influencer," which consists of cruise lines, travel agents, and cruise fans who dominate social media affecting the cruise industry.  I'm sure having a maritime personal injury lawyer in the top 10 drives the cruise industry bonkers.

Here are some of my favorite blog posts for the past year: 

Most popular article: The Splendor Cruise Ship Fire - Three Reasons Why You Will Lose If You Sue Carnival  The blog was picked up by the Wall Street Journal, Fox News, the ABA Journal, South Business Law Journal, Gadling, Slate, the U.K.'s Guardian and others.  Everyone loves it when a personal injury lawyer tells the public not to sue following a cruise disaster . . .    

Most ironic articles:  Former Royal Caribbean Cruise Ship Captain Dies of Legionnaire's Disease After Sailing on Liberty of the Seas and Cruise Passengers Attacked & Robbed in Antigua While Cruise and Tourism Officials Meet

Best article with the word "sex" in the title: Marketing "Sex at Sea" on Cruise Ships (includes my favorite photo of a cruise line executive, in bed with booze surrounded by women with the Royal Caribbean logo across their bikini tops??)

Most comments to an article:  Crew Member Overboard from Royal Caribbean's Explorer of the Seas 

Second most comments to an article:  Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas  

Most positive reaction to an article:  Royal Caribbean "Returns" to its Trademarked, Private Fantasy Island of Labadee® - While Haiti Suffers

Most negative reaction to an article:  Royal Caribbean "Returns" to its Trademarked, Private Fantasy Island of Labadee® - While Haiti Suffers

Happiest article:  Three Happy Cruise Stories - Salvation, Generosity & Rebirth

Most inspiring article:  The Compelling Story of Jamie Barnett - Living Through the Loss

Saddest article:  More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Most disturbing article: Neither Dead Nor Alive - The Faliva Family Remains In Limbo

Most bitter article: What Does BP, Al Qaeda and a Cruise Line Have In Common?  Unfortunately you have to lose a loved one before you can figure the answer out.

Scariest articles:  Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship, Carnival Cruise Ship Bartender Arrested On Charges Of Raping 14 Year Old Passenger and Most Wanted Rape Suspect Arrested On Carnival Cruise Ship - Worked As Manager Of Onboard Hair Salon

Best social media articles: The Cruise Industry's Reputation - A Sinking Image and Travel Writers and the Ethics of Reporting Cruise News

Best series of articles:  Top 10 Reasons Not To Cruise  

Best article the cruise lines don't want you to read:  "Cruise Ship Sickness" - Is Norovirus In The Food and Water? 

Most terrifying cruise video (over 296,000 views and counting!): The Clelia II Skirts Disaster Again in Antarctica

Best sports article:  Oysters, Dixie Beer & My New Orleans Saints

Best personal article:  Switching Sides And Finding Your Soul

Best article not read by the cruise industry: Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything? 

Thanks to our readers for a great 2010!   Do you have an idea for blog articles for 2011?  Leave us a comment below. 

Bottom photo credit: Clelia II   Fiona Stewart/Garett McIntosh (via jonbowermaster.com)

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Today, the Miami Daily Business Review ran an article about Royal Caribbean trying to disqualify our firm (a story I wrote about last week - more about that later).  The Business Review characterized Cruise Law News (CLN) as a "hard hitting blog." 

Launched in September 2009, CLN has become one of the most widely read legal blogs in the U.S.  Based on U.S. readership, CLN is now in the list of the top 7 most popular law blogs written by lawyers who actually practice law. 

Now I will be the first to admit that winning a popularity contest does not mean being the most insightful or the most influential blog.  There are a lot of law blogs competing for the "best" category, based on all types of subjective and non quantifiable criteria.  And there are lots of interesting law blogs which are written by professors like The Volokh Conspiracy, Althouse, Legal Insurrection, Jonathan Turley and Slaw which have blogged successfully for years. 

But when it comes to lawyers who actually take depositions, attend hearings, go to court and try cases, the list of most popular blogs is quite small.  Which legal blawgs involving actual practicing lawyers are the most popular?

According to "Avvo's Top Legal Blogs," which uses the Alexa ranking system, here are the 7 most popular law blogs operated by practicing lawyers, based on U.S. traffic (the lower the number, the higher the ranking):

26,700 - IPWatchdog by Gene Quinn (patent lawyer); 

38,100  - Cruise Law News by me;

44,903 - Simple Justice by Scott Greenfield (criminal defense); 

59,782 - Mortgage Fraud Blog by Rachel Dollar (bank / transactional litigation);

77,300 - Tax Girl by Kelly Phillips Erb (tax attorney);

110,257 - China Law Blog by Dan Harris (international law); and

136,029 - Legal Juice by Mesirow & Stravitz (personal injury lawyers). 

When I launched the blog one year ago, I promised that I would talk straight about issues which make the cruise industry uncomfortable.  So Its reaffirming for a local business newspaper to call CLN "hard hitting." 

Sounds like bragging?  You bet.  This is Miami after all.  A lack of confidence in a city of over-achieving-caffeine-addicted-ego-maniacs gets you run over.  

And I don't intend to end up being road kill.

A "Hard Hitting Blog" was featured today on Best in Law Blogs : LexBlog Network : October 5, 2010  Thanks LexBlog!

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Our first Maritime Monday two weeks ago - #MaritimeMonday - Top 20 MaritimeTwitters  featured the best 20 maritime experts twittering today.  It was a big success!  Included in the list were my favorties:

@Amver, @CruiseVictims, @gentedimare @Itajaipraticos, @JensenMaritime, @JonesAct, @madmariner,  @MarineSurveys,  @petermello, @safeseas, and @USCGAuxVin.  

Last week we mentioned @SafetyAtSea and @SailorsSociety

This week a couple of maritime Twitter All Stars I'd like to mention are:

@fyddeye by Joe Follansbee, who is the founder and executive editor of the Fyddeye Guide to America's Maritime History.  He is a a writer and webmaster in Seattle, Washington.  He is also the author of Shipbuilders, Sea Captains, and Fisherman: The Story of the Schooner Wawona.

Mr. Follansbee founded "Fyddeye" (derived from a word referring to a sail-making tool and the human eye) to create a place for maritime heritage advocates to post information about their efforts to save ships, lighthouses, and historical artifacts related to the life on the water.  Check it out!

@CaptainRande contains the tweets of Captain Rande Wilson who is a Master Mariner covering sailing, yachting, boating & maritime news. His Twitter page says "If it floats you are Tweeting in the right place." 

Captain Rande also has a really great website where you can stay abreast  on the latest nautical news.  If I had to hire some mariners to sail into balmy weather it would be Captain Rande and another one of my favorites @USCGAuxVin 

Do you have anyone to recommend?  Please leave a comment or post your favorite maritime tweets on Twitter using the hash tag #MaritimeMonday.

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On September 7, 2009, I launched my blog, Cruise Law News (CLN).  My goal was to be a leading source of news and legal commentary regarding the cruise industry.

Well, here we are, September 7, 2010, one year later.  What a year! 

My little blog is far more successful than I ever thought.  Yes, it has taken a lot of work - this is my 356th article in the last 365 days!  I have written about cruise ship rapes, sexual assaults of children, arrest of peophiles, passenger disappearances, and cruise ship fires, groundings and sinkings.  Everything the cruise lines like to keep secret. 

From a quantitative perspective (per Alexa rankings), CLN is now ranked as the no. 1 maritime law blog in the U.S., the no. 2 law blog in Florida, the no. 2 personal injury blog in the U.S., and the 50th most popular law blog over-all in the U.S.  My websitegrader score is 99 (a grade I never received in school); there are 902 indexed pages of CLN on Google; and there are 48,230 inbound links.  I am averaging over 25,000 unique visitors a month, and my traffic is in the top 1.53% of all websites. 

And to add some icing to the cake, Cruise Law News is several times more popular that the official blog of the President of one of the major cruise line (Royal Caribbean) who writes from the "Nation Of Why Not?"  If you want transparent news, people know to come here to CLN rather than wade through the gobbledygook at the cruise line's corporate blog.  

Cruise Law News has been cited in the Chicago Sun-Times, the Bahamas Journal, Italy's "Chi l'ha Visto?" television show, Germany's Wunderwelt Wisen magazine, the popular on line cruise community CruiseCritic, South Florida Business Journal, Baltimore Sun, Bahamas Tribune, Sun Sentinel, Washington Post, and MSNBC. 

Our real success comes from our everyday readers - crew members, passengers, travel agents, cruise haters and cruise lovers.  We have heard from people in Great Britain, France, Mauritania, India, Venezuela, Brazil, Italy, Croatia, Serbia, Canada and countries throughout the Caribbean islands.  Thanks for your questions and the valuable information you provided us!    

One big thank you is in order.  Kevin O'Keefe and his team at LexBlog created my site a year ago.  They are the best in the law blog business.  Lexblog designed a nice looking, functional blog. 

They provided concise recommendations to me, and encouraged me to blog.  Thanks Kevin for creating LexBlog and pointing me in the right direction! 

Here are some highlights of the fun we have had over the last year:             

Most popular article:  Travel Writers and the Ethics of Reporting Cruise News

Most ironic article:  Former Royal Caribbean Cruise Ship Captain Dies of Legionnaire's Disease After Sailing on Liberty of the Seas

Why-won't-the-Miami-Herald-cover-cruise-crimes article:  18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Best article with the word "sex" in the title: Marketing "Sex at Sea" on Cruise Ships

Most comments to an article:  Crew Member Overboard from Royal Caribbean's Explorer of the Seas 

Second most comments to an article:  Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas  

Most positive reaction to an article:  Royal Caribbean "Returns" to its Trademarked, Private Fantasy Island of Labadee® - While Haiti Suffers

Most negative reaction to an article:  Royal Caribbean "Returns" to its Trademarked, Private Fantasy Island of Labadee® - While Haiti Suffers

Happiest article:  Three Happy Cruise Stories - Salvation, Generosity & Rebirth

Most inspiring article:  The Compelling Story of Jamie Barnett - Living Through the Loss

Saddest article:  More Caribbean Crime - Carnival Passenger Killed In St. Thomas

Most disturbing article: Neither Dead Nor Alive - The Faliva Family Remains In Limbo

Most bitter article: What Does BP, Al Qaeda and a Cruise Line Have In Common?  

Scariest articles:  Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship and Carnival Cruise Ship Bartender Arrested On Charges Of Raping 14 Year Old Passenger

Best social media article: Cruise Lines and Social Media - P & O Cruises Hits A Home Run

Best series of articles:  Top 10 Reasons Not To Cruise  

Best sports article:  Oysters, Dixie Beer & My New Orleans Saints

Best personal article:  Switching Sides And Finding Your Soul

Do you have suggestions on topics to cover for the next year?   Please let us hear from you in the comments below. 

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Our first #MaritimeMonday last week was a hit with #MaritimeMonday - Top 20 Maritime Twitters featuring what I think are best maritime experts twittering today. 

We received some really nice "thank yous" from @Amver, @CruiseVictims, @gentedimare @Itajaipraticos, @JensenMaritime, @JonesAct, @madmariner,  @MarineSurveys,  @petermello, @safeseas, and @USCGAuxVin.  If you are involved in the maritime industry and not following this group, take a minute and click on their Twitter pages and see what you are missing.

I received many emails pointing out some maritime Twitters which I left off of the list.  Here are 2 of the many recommendations I received. 

@SafetyAtSea is the Twitter page for Safety at Sea International a U.K. magazine dedicated to safety at sea.  It is published by IHS Fairplay which also publishes Fairplay International Shipping Weekly. 

@SailorsSociety is the feed of the U.K.'s Sailor Society - an international maritime charity, supporting the world's seafarers.

Do you have anyone to recommend?  Please leave a comment or post your favorite maritime tweets on Twitter using the hash tag #MaritimeMonday.

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@Amver is the acronym for the "Automated Mutual Assistance Vessel Rescue System" sponsored by the United States Coast Guard.  It is a voluntary global ship reporting system used worldwide by search and rescue authorities to arrange for assistance to persons in distress at sea.  @Amver is one of the best maritime Twitters around today, with a steady stream of timely and informative tweets.  The Amver blog is interesting.  Its all about saving lives and helping mariners in distress.

@CruiseLaw:  Who lists their own twitter account on a top  20 list?  I do.  Yes, it's self promotion, but around 8,000 people follow my tweets about the strange world of cruising - a sub-section of the maritime community unique to itself.  I link to my blog - Cruise Law News - where you will find lots of information and legal commentary on cruise ship accidents and crimes.  We try and keep the cruise lines honest, while having a lot of fun in the process.

@CruiseVictims is the Twitter voice of the non-profit organization, International Cruise Victims (ICV) Association. Its President, Ken Carver, lost his daughter on a Royal Caribbean cruise ship and leads the ICV in assisting victims of violent crimes aboard cruise ships. The ICV website is packed with first hand accounts of how things can go terribly wrong on cruise ships, and contains suggestions on how to protect yourself during a cruise vacation. President Obama just signed the Cruise Vessel Security and Safety Act due to the efforts of the ICV.  Making cruises safer is its goal.

@gCaptain is the Twitter page of John Konrad, who accurately bills himself as the "Master Mariner Tweeting From The High Seas."  Like Amver, gCaptain routinely delivers the most relevant and interesting tweets about the maritime world.   If you had to follow only one person on Twitter to find out what is happening on the high seas, I would recommend gCaptain.  Master Konrad's blog is probably the best maritime blog around and is worth reading on a daily basis.

@Gentedimare is the Twitter page of the Italian maritime web site La Voce dei Marinai which reminds us of the international nature of the maritime industry.  Gentedimare reminds us that "Seafarers are the keystone of the society . . . without them society doesn't develop - - 2010 Year Of The SEAFARER."   Gentedimare tweets are straightforward and informative and, don't worry, he tweets in Italian and English too.

@Itajaipraticos is the Twitter page of the Brazilian maritime website Itajai Praticos.  Like his Italian seafarer brother Gentedimare, Itajaipracticos focuses on maritime pilots,international shipping stories, piracy issues and the well being of seafarers around the world.

@JensenMaritime  is the Twitter feed of John Jensen who has a wide perspective of maritime issues and approaches his interests from a practical point of view.  He is a marine surveyor, a ABYC master technician, and NTSB trained in accident scene investigation and documentation.  You can count on Mr. Jensen, a consultant to the recreational boating industry and vessel owners in New England and around the world, for interesting maritime tweets on a daily basis. 

@JonesAct is the Twitter page of Houston Texas lawyer Matt Shaffer.  He tweets about maritime issues in the Gulf of Mexico like the BP oil spill, injuries to workers in the offshore oil and gas industry, and the rights of injured crew members.  Mr. Shaffer links to his firm's informative web site.   He is a trusted source for information regarding maritime law.

@jtweed is the shipping feed on Twitter from U.K.'s James Tweed.  He has a keen interest not only in maritime issues but on line education, shipping podcasts and social media. His website Coracle contains internet shipping courses for maritime professionals. He publishes the "Shipping Industry Twitter Top 40," which contains no mention of cruise ships or me for that matter.  Hmmm. 

@LloydsList is the Twitter feed from Lloyd's List - a leading daily newspaper for the shipping industry.  The page links to the Lloyds List's website which is worth a daily read, particularly the excellent Bill Bantry's Blog, billed as "an irreverent view of the shipping industry."  Some witty insight here.

@madmariner Mad Mariner is an online boating magazine that publishes daily articles about boat buying, boat restoration, boating equipment, boating tools, inflatables, marine electronics, boating safety, seamanship, and marine piloting.  It has a number of related Twitter pages, like DIY Boat, BoatingLine, and Maritime Network.  You will find a consistent number of tweets about everything nautical in nature.

@maritimeaccide is the Twitter page of Bob Couttie whose motto is "empowering seafarers to keep themselves, their ships and the seas safer."  Mr. Couttie publishes the interesting web site Marine AccidentCasebook (MAC). The MAC site contains great materials regarding mariner safety and links to some of the leading mariner blogs, many of which don't have Twitter feeds. 

@MarineSurveys comes from Captain Henriquez who is a master mariner, certified marine surveyor and maritime consultant from Maracaibo,Venezuela.  Master Henriquez has his finger on the pulse of the international maritime community and shares timely tweets about shipping issues from his perspective from South America.

@MaritimeLawyers is the twitter page from maritime lawyer Lisa O'Neill, who is not only my law partner but my spouse.  Yes, nepotism is alive and well - I am not crazy enough to leave my wife off of a top 20 list.  Ms. O'Neill is the only female maritime lawyer on Twitter.  She tweets about maritime issues and cruise line and yacht cases involving passengers and crew members. 

@Mar_Ex is the Twitter page of the Maritime Executive publication.  Its Twitter profile is "strategies & solutions through case studies, interviews and articles that address the most critical issues in the maritime industry today."  Mar_Ex links to its web site Maritime-Executive.com which contains news about the  shipping and cruise industries, shipbuilding, executive interview and other interesting articles.

@petermello is the founder of Sea-Fever Consulting LLC and the Weekly Leader (a leadership forum).  He writes a blog called - the Sea Fever Blog - which contains well written content, a great design, and an interesting use of mixed internet media.  Mr. Mello's tweets are an eclectic mix of maritime issues, technology, innovation and leadership.  He is one maritime Twitter who entertains while he educates.

@safeseas is by Brazilian maritime pilot and lecturer Alexandre Gonçalves da Rocha from Itajai, Brazil. The Brazilian has been working as a maritime pilot at the port of Itajai for the past decade.  He tweets about maritime related news from an international perspective.  The Safe Seas web site is one of the better maritime blogs covering shipping, environmental issues, piracy issues and other international topics.

@tradewindsnews is the Twitter feed for the TradeWinds publication which is a best selling international shipping newspaper. The TradeWinds tweets are similar to the tweets from Lloyds List.  I became a  fan of TradeWinds when it interviewed me in a article entitled "Man For The Other Team."   TradeWinds focuses more on international shipping issues, and less on the cruise industry, but is clearly an authoritative source of international maritime information.

@USCGAuxVin is from sea captain and master mariner Vincent Pica who tweets about Coast Guard issues and boating safety.  He is the District Captain in the United States Coast Guard Auxiliary for USCG Auxiliary activities on Long Island, New York.  He writes a seamanship column for a number of newspapers.  Captain Pica's Twitter page links to the  Atlantic Marine Academy which teaches boating skills and seamanship.  He is a patriot and a real supporter of the U.S.C.G. whose Twitter page is here.  

Top number of Twitter followers: @CruiseLaw - 7,951

Top number of tweets: @USCGAuxVin - 19,517

Did we forget your favorite?  Please leave a comment below.  And don't forget to mention your favorite maritime Twitters on #MaritimeMonday.  

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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.

But 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!

Credits:

Photographs         Jim Walker

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A lot of people ask me how I became involved practicing maritime law. 

Thirty years ago, I started law school at Tulane School of Law in New Orleans, Louisiana.  I may be biased, but Tulane has the best law school in the United States involving maritime studies. Tulane has a renowned "Admiralty and Maritime Law" program which is part of the Tulane Maritime Law Center.

Tulane is where I took my introductory maritime courses (Admiralty I and Admiralty II), maritime jurisdiction, maritime personal injury and death, maritime insurance and "offshore operations" -  a particularly excellent course addressing personal injury and death cases in the oil and gas industry in the Gulf of Mexico.

Tulane is the home of the Tulane Maritime Law Journal (previously called has the Maritime Lawyer) which is described in Wikipedia as the "preeminent student-edited law journal in the field of Admiralty and Maritime Law."  

The professors teaching the maritime law courses were excellent.  A professor named Thomas Schoenbaum taught the introductory maritime course.  He went on to write the famous maritime law hornbook - "Admiralty and Maritime Law."  A number of the maritime personal injury courses were taught by maritime lawyers, including the Honorable Eldon Fallon who was a well known personal injury lawyer and then became a highly respected Federal Court Judge in New Orleans.      

After graduating from Tulane law school, in 1983 I joined the Maritime Law Association. Since 1983, I have been practicing maritime law - mostly personal injury and death cases.  

I have a lot of fond memories of attending maritime law classes at Tulane.  Its hard to think that was three decades ago!  

Tulane also sponsors the Admiralty Law Institute every other year, which is always a good excuse to make a trip back to New Orleans.

You can follow Tulane's maritime program on Twitter @TulaneMaritime. 

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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.

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