Royal Caribbean Cruise Passenger Sentenced to Jail for Over 5,000 Images of Child Pornography

Gary Lee Reed - Chilh PornographyIn a story we first reported on in December last year, a cruise passenger aboard a Royal Caribbean cruise ship was sentenced to eight years in federal prison for transporting thousands of child pornography photos and videos on a cruise from Port Canaveral. 

Gary Lee Reed seemed like a normal passenger but an initial search of his laptop computer revealed 1,162 photos and videos when he cruised on Royal Caribbean's Monarch of the Seas ship during a cruise to the Bahamas and back to Florida. 

Federal agents searched the 47-year-old's computer laptop he brought during the cruise and found the extensive collection of child pornography. The Orlando Sentinel reported that around 350 of the victims in photos and videos were identified by the National Center for Missing and Exploited Children. The images included sexual abuse of toddlers and babies.

Reed was returning to Port Canaveral at the end of the cruise to the Bahamas. The investigation was conducted by U.S. Immigration and Customs Enforcement’s Office of Homeland Security Investigations.

Reed is from Idaho and a newspaper there reported earlier this year that Reed had a desktop computer, thumb drives, CDs and DVDs where he downloaded and stored child pornography images at his home.

A forensic search of the computers, discs, USB flash and digital hard drives revealed a staggering amount of child pornography: 38,731 images and 680 videos of child pornography.  A more detailed search of his laptop seized after the cruise in Florida revealed a total of 3,021 images and 2000 videos of child pornography.

Reed faced up to 20 years in prison, a $250,000 fine and five years of supervised release for the crime, according to the plea agreement, which adds that he will also have to register as a sex offender.

Think passengers and crew members with child porn on cruises are rare? Read here

 

Photo Credit: Florida Today

Where Are Photo & Video Images of the Fire on the Grandeur of the Seas?

Cruise fans have largely praised Royal Caribbean's public relations efforts in responding to the fire which erupted aboard the Grandeur of the Seas early Monday morning.

Royal Caribbean tweeted updates from its new Twitter PR feed @RoyalCaribPR and updated its Facebook page. It uploaded one photo showing a portion of the damage to to fire stricken cruise ship (a good PR move) and one image of cruise president Goldstein inspecting the damage once the ship arrived in Freeport.  But most of the of the photos Royal Caribbean released were of the cruise president and executives meeting with cruise passengers at the port and on the cruise ship

The question I wondered was where are the photos and video of the fire? We have handled other cruise ship fires. There are usually videos taken by passengers which quickly find their way to the media and/or are posted on YouTube, as in the case of the deadly Star Princess fire off the coast of Cruise Line President Adam Goldstein - Grandeur of the Seas FireJamaica. You can't comprehend a ship fire until you have seen the flames and billowing smoke and listened to the frightening sounds surrounding such an event.

The first information released about the Grandeur fire was that the fire was limited to deck 3. But in truth, the fire damaged decks 3, 4, 5 and a portion of 6 deck and burned for 2 hours.

So where are images of this 2 hour multi-deck fire?

A video report by ABC News states that the cruise ship's crew tried to stop passengers from taking pictures of the fire and chaos.

Carrie McTigue told ABC News that "even when people put their cameras up to photograph the sunrise, they were told, 'no photos.'"  

I have seen Royal Caribbean try and stop passengers from taking photos of what the passengers though was a near collision between Royal Caribbean and Disney cruise ships which you can see in a video here. But some crew members responded that there is a policy against the taking of photos during a muster drill and that's why the crew interfered with the photography.

I am a big fan of "citizen journalists."  I believe that photos and video taken by passengers and crew are an important part in telling the whole story of what really happens during ship fires and other cruise calamities.  Even with Royal Caribbean's new and improved PR efforts, the fact remains that the cruise line released more photos of the cruise CEO reassuring passengers than of the damage to the ship. Plus there are absolutely no photos or video released of the fire itself.

Better cruise PR is still cruise PR. The cruise line still wants to control the images you see and your feelings about the experience. 

Two and one-half years after the Carnival Splendor fire, there have been no photos or video released of the fire or the damage to the engine room (or even a report) regarding the disabled cruise ship. Regarding the more recent Carnival Triumph fire, again there are no images released of the fire. I am aware of only one innocuous photo of the fire damage in the engine room which was released by the Coast Guard. 

Secrecy like this is not a good thing. The American public should not settle for a few photos of a cruise CEO drinking ice tea with passengers in a cafe after a ship fire. The release of full and complete reports, photos and video are important to maintain a transparent and safe cruising environment.

 

Have a thought?  Please leave a comment below, or discuss the issue on our Facebook page.

Cruise Ship Fires: When is Enough, Enough?

Today CNN and other networks have repeatedly aired images of the burned Royal Caribbean cruise ship, the Grandeur of the Seas

I clicked on the flat screen TV in my office this afternoon and took the photos below, of the burned stern of the cruise ship and passengers with life-vests on, in the casino and on deck at their muster stations.

Royal Caribbean's handling of the fire was considered a lot more transparent than the way Carnival communicated with the public following the fire which disabled the Carnival Triumph.   But the Grandeur never lost power, whereas the Triumph was disabled 90 miles from shore and then drifted to 150 miles offshore before a tug arrived.  Yesterday Royal Caribbean's president, Adam Goldstein, took a 45 minute flight from Miami to Freeport. Photos of him speaking with passengers while drinking ice tea in a cafe on the cruise ship seemed reassuring to the U.S. public who have been inundated with images from CNN of the last cruise-from-hell stories. 

But when is enough bad publicity enough?  I read many comments to news stories of this latest cruise fire from readers who thought this was another Carnival cruise ship fire. And even if the general public can distinguish between Carnival and Royal Caribbean, there is clearly a consensus of people who believe that there are far too many cruise ships catching on fire these days.

Cruise Ship Fire  

Cruise Ship Fire

 Cruise Ship Fire

 Cruise Ship Fires

ABC News: Passengers on Royal Caribbean's Grandeur of the Seas Heard "Big Explosions"

According to ABC News, passengers aboard Royal Caribbean's Grandeur of the Seas said they heard "big explosions" after a fire broke out early Monday morning, charring the stern of the ship and forcing an early end to the cruise.

Royal Caribbean said the fire was discovered at 2:50 AM on Monday on the mooring area on deck three. The decks above were charred in the fire. Passenger remained at their muster stations until around 7:15 AM. 

Passenger Luke Sluscher, 20, was awakened by the commotion. When he stepped outside his room, he "heard crew yelling mayday, mayday, as they ran to put out the fire."  

Royal Caribbean is now flying passengers back to Baltimore from Freeport, Bahamas. Passengers will receive a full refund of their fare and a certificate for a future cruise.

Royal Caribbean's PR team received high marks for using social media to keep the public informed and by flying its president, Adam Goldstein, to the scene.

Watch the remainder of the story below:

 

 

Royal Caribbean's Grandeur of the Seas Catches on Fire

News stations in South Florida are reporting that a fire broke out early this morning aboard a Royal Caribbean cruise ship sailing off the Florida coast.

According to the U.S. Coast Guard, the fire broke out aboard the Royal Caribbean Grandeur of the Seas

The fire occurred on deck three on the 916-foot ship.

A NBC news station said that the fire was categorized as a “Class A” fire, meaning it broke out in solid Grandeur of the Seas Cruise Ship Firecombustible materials such as wood or plastic and did not involve fuel or other flammable liquids.

The cruise ship radioed for assistance. Another cruise ship, the Carnival Sensation, was on on standby to help the ship in case of evacuation. Passenger gathered at muster stations.

The fire was extinquished, although there are conflicting accounts of how long it took. A comment on the Cruise Critic site says that it took two hours to stop the fire.

A photo released by Royal Caribbean shows a huge fire and smoke residue on the stern of the cruise ship.

The Grandeur of the Seas was recently given a $48 million refurbishment and was based in Baltimore, according to the Royal Caribbean website.

The Grandeur was on its way to Coco Cay, Bahamas, when the fire broke out, according to a Royal Caribbean Cruises statement.  The ship is now in Freeport, Bahamas, where it will be inspected.  

Were you on the cruise? Please leave a comment below or join the discussion on our Facebook page.

 

 

Photo below via ABC / cruise expert Professor Ross Klein:

Grandeur of the Seas - Cruise Ship Fire 

48 Hours Update: "New" Evidence in Disappearance of Cruise Passenger George Smith

Cruise Passenger George SmithSaturday night, CBS's "'48 Hours" will air what is being described as "important new evidence" in the mysterious disappearance of George Smith during his honeymoon cruise. The episode is called "48 Hours: Murder at Sea?"

You may recall that George Smith from the Greenwich Connecticut area was enjoying his honeymoon with his newly-wed bride Jennifer Hagel when he disappeared from the Royal Caribbean Brilliance of the Seas in the early morning hours of July 5, 2005, leaving a blood-stained awning behind him. 

The cruise line quickly concluded that Mr. Smith was intoxicated and must have been sitting on a balcony railing and fell overboard, and it reported this self-serving opinion as its official report to the flag state. Royal Caribbean ignored the fact that four young men were last seen in the Smith's cabin and that there were sounds of an argument and loud noises consistent with a struggle, followed by a resounding "thud" on the awning below.  

Gregory Rozenbeg - Cruise Disappearance of George SmithWe represented George's wife, Jennifer, who instructed us to retain noted forensic scientist Henry Lee in the face of the cruise line's lack of cooperation.

Last year, CBS reported that the FBI had possession of a videotape taken by the four men where they talk callously of George's death. The video captures one of the men saying "we gave that guy a paragliding lesson without a parachute." Cruise passenger Greg Rosenberg reportedly flashes gang signs and says "Told ya I was gangsta." 

We have written prior articles about Gregory Rozenberg such as "Disappearance of George Smith Update: Do You Have Information About Gregory Rozenberg?"   Rozenberg's mugshots are readily available online, including the one to the right taken last fall.

Royal Caribbean concealed this tape from us throughout our representation of Jennifer Hagel. The tape's existence was revealed by the FBI last year to the lawyer for the Smith family. 

Its disgraceful that the FBI and the U.S. Department of Justice have not proceeded with a criminal case. Its been going on eight years since George's disappearance. A prosecution is long overdue.

Read our other articles about the case:

Disappearance of George Smith - Trouble as the Cruise Ship Sails to Kusadasi

A Frantic Call Back to Connecticut

Media Frenzy Follows Case of "Missing Honeymooner"

Dr. Henry Lee Boards the Brilliance of the Seas

Royal Caribbean Blocks Dr. Henry Lee's Dummy Experiment

The International Cruise Victims Organization Is Born!

Royal Caribbean Captain Says Its Just an Accident Involving a Bloody Nose

Larry King Live & the "Missing Groom Mystery" 

 

Senator Rockefeller Places Royal Caribbean & Norwegian Cruise Line Under the Microscope: Will Cruise CEO's Fain and Sheehan Be Honest?

Cruise lines hate U.S. governmental scrutiny of their business operations.  

The whole purpose of incorporating their businesses and flagging their cruise ships in foreign countries is to avoid U.S. taxes and the scrutiny of federal regulators. This business model permits the cruise lines to pay virtually no U.S. taxes and to avoid U.S. wage, labor and safety laws. Cruise lines often conceal shipboard crimes and the industry's abuse of crew members.

But one U.S. Senator, Jay Rockefeller of West Virginia, is taking the cruise lines' lack of transparency head on. Following Carnival's string of disabled cruise ships and nonchalant attitude towards its quests, Senator Rockefeller sent a letter to Carnival billionaire cruise CEO Micky Arison in March, inquiring into issues pertaining to the cruise line's avoidance of taxes as well as issues regarding the safety of cruise passengers. You can read the letter here

Carnival's letter back to Rockefeller dodged and weaved and argued and mostly avoided responding to Senator Rockefeller's concerns. Carnival refused to disclose, for example, the number of victims of sexual assault - a topic that the cruise lines strenuously try to avoid talking about.  We summarized Arison's defiant attitude in our article: Carnival CEO Arison's Letter to Senator Rockefeller: Screw You!

Undaunted, Senator Rockefeller has sent another letter to Arison and has also sent letters to the CEO of Royal Caribbean Cruises (Richard Fain) and Norwegian Cruise Lines (Kevin Sheehan).

NCL Cruise CEO Kevin SheehanIn his letters yesterday, the Senator is inquiring into the internal safety audits which the cruise lines and the cruise association are allegedly conducting. At the recent cruise trade show on Miami Beach, the Carnival, Royal Caribbean and NCL cruise executives talked at length about their ability to learn from their own internal investigations but never stated that they would release the reports from the investigations.

This is the usual cruise line ploy: assuring the public that they are busy at work investigating themselves after cruise ships sink or catch on fire; however, they never ever disclose the results of their alleged investigations. Carnival said that it was conducting an internal audit of its operations after the Carnival Splendor was disabled after an engine room fire in 2010.  But Carnival has never released the results of its investigation. The public remains in the dark.

Senator Rockefeller is also again demanding that the cruise lines disclose the number of crimes, particularly sexual assault, on cruise ships. The cruise industry has been notoriously dishonest in revealing accurate crimes statistics. It usually defaults to conclusory, self-serving opinions that crime is "rare" while simultaneously concealing the true crime statistics.

At a prior Congressional hearing, Royal Caribbean responded to a Congressional inquiry by stating Royal Caribbean Cruise CEO Richard Fainthat 66 women were raped during a three year period.  But in a court case we handled, the cruise line was ordered to reveal that the actual number of such crimes was much higher.

The LA Times reported on the cover-up in an article: Cruise Industry's Dark Waters.   

Royal Caribbean faced no consequence for misleading Congress back in 2006.  

The cruise lines' response to Senator Rockefeller in due on May 24th.  

Will RCCL CEO Fain and NCL CEO Sheehan be transparent? Or will they join Arison in a game of hide and seek?

Is It Safe to Walk the Decks of Royal Caribbean Cruise Ships at Night?

Last week I ran across an interesting blog article by a thirty-three year old woman who sailed aboard a Royal Caribbean cruise ship out of Tampa with her long time boyfriend. Around 2:00 AM one night, she craved a cigarette and proceeded to an upper deck to smoke and look at the stars. 

She encountered a naked man masturbating. He stalked her. She ran from the deck terrified. She immediately told crew members involved in cleaning a lower deck what happened. She then proceeded to the deck four service desk and made an official report of what happened. 

The article is about the indifferent, casual and almost bemused response of the cruise line to her Cruise Ship Deck - Cruise ship Crimeordeal. The comments to her frightening personal experience are revealing. Some comments seem to be from crew members accusing her of being hysterical and essentially telling her to "get over it."

Indecent exposure and public masturbation are crimes in virtually all U.S. states. But in most situations state law does not apply to foreign flagged cruise ships in international waters. Do the laws of foreign countries like Liberia and the Bahamas prohibit such conduct? Did the cruise line report the crime to the flag state? I don't know but I doubt it. I'm sure no police detective from Africa or a small Caribbean island appeared to investigate.

The U.S. federal government theoretically has jurisdiction over federal crimes at sea where the victim is an American and a federal law was broken.  But I don't think public masturbation or indecent exposure are federal crimes. Did the cruise line report the incident to the FBI?  Probably not, but even if it did, I am sure that the FBI declined to appear either.

Florida is the only state in the U.S. which has laws extending jurisdiction to local law enforcement to prosecute crimes which occur on cruise ships.  A state police officer or sheriff's detective from Florida could make an arrest once the cruise ship returned to port in Tampa. But this assumes that the cruise line notified the local law enforcement officials and further assumes the cruise line saved the CCTV surveillance images of the naked man and turned the evidence over to the police.

In my experience, the chances of this cruise line taking such steps are between slim and none.

There will be no prosecution of this cruise pervert. The video images of the naked man on deck and the cruise ship guest running down the stairs in terror will never see the light of day. No mug shots depicting the pervert will ever make it onto the internet. No one from the Miami offices of the cruise line will reach out to the victim with an apology, or words of assurance, or an offer of assistance.   

 

Photo Credit: Daily Mail

Billion Dollar Law Firm Spends Millions to Charter Liberty of the Seas Cruise Ship

Today the Washingtonian reported on a gigantic law firm, DLA Piper. chartering a gigantic cruise ship for a partner retreat. The 4,200-lawyer international firm selected Royal Caribbean's Liberty of the Seas.

The Washingtonian calls the Piper firm a "legal behemoth" which has over 100 worldwide offices. It seems like only the partners are invited but that's enough to require a cruise behemoth like the Liberty of the Seas.  The cruise will begin in Barcelona and the ship will then sail up the coast to Nice. Sounds nice.   

DLA Piper Liberty of the Seas CruiseThe charter costs over $3,000,000 plus the costs of booze, excursions, and of course flying the partners around the world to Spain. I don't see these fat cats flying economy.

How can a law firm afford such an extravaganza? Don't worry. The firm represents mostly gigantic corporations as clients and has money to burn. The Wall Street Journal just reported that DLA Piper collected over $2,400,000,000 last year.  Yes that's right, $2.4 billion.

I'll keep my personal opinions about this to myself for a change, but let me just say that there is a reason I chose to work at my own small firm and not at a gigantic law firm with so much money that it can go on a boondoggle like this.  

I asked readers of my Facebook page to come up with one word which describes the cruise.  The response are pretty funny.  Read the comments here and give us your thoughts.   

 

Photo Credit: Wikipedia / Hassocks5489

Salt into the Wound: Royal Caribbean Denies Legionnaires Disease Came from Liberty of the Seas

Last week we reported on an article in the BBC about a former Royal Caribbean captain who died after contracting Legionnaire's disease. BBC's story was entitled Ex-Royal Caribbean Captain Died of Legionella. His widow is now proceeding with an inquest back in the UK.    

This is a disturbing story which we looked into last year: Royal Caribbean Delivers Cruel Blow to Widow of Beloved Captain Tore Myhra.

Royal Caribbean initially declined comment to the BBC saying that it does not comment about pending legal cases, but it looks like the cruise line has changed its mind. Royal Caribbean just sent the BBC a statement saying for the first time that "Royal Caribbean is certain that Mr. Myhra did not contract Legionella while sailing on board Liberty of the Seas."  The cruise line further states that Captain Myhra reported to the Captain Tore Myhraship's doctor only with "flu-like symptoms."

It is interesting to contrast Royal Caribbean's denials today with what the cruise line stated when Captain Myhra fell ill on the cruise ship. Back in December 2009, Royal Caribbean did not deny that the cruise ship had the deadly bacteria. It stated only that ". . . we do not know the source of the guest's legionellosis . . " The cruise line further explained that in response to the legionella-related death it sanitized key areas onboard the ship, including whirlpools and the H2O Zone.  

As we reported in 2009 in our article Former Royal Caribbean Cruise Ship Captain Dies of Legionnaire's Disease After Sailing on Liberty of the Seas, the Miami-Dade Medical Examiner concluded that Captain Myhra became sick on the cruise ship and suffered "nausea, vomiting, diarrhea, respiratory difficulty and dry cough.'' His symptoms worsened and he died of "Legionella pneumophila pneumonia" the day after he departed the cruise ship, on November 1, 2009.

The Miami Herald covered the story and interviewed the Centers for Disease Control: The Herald said that the CDC investigated "five or six cases of Legionnaires' disease aboard cruise ships going in and out of South Florida in the past three months" around the time of Captain Myhra's death.

The South Florida Business Journal reported that during the next cruise, a family on the Liberty of the Seas found the H20 water area and hot tubs were closed six out of seven days of the cruise. A passenger reportedly said "This cruise started off horrible as we were told there had been two cases of Legionnaire's disease on the 11/1 sailing and that Customs was also checking the entire ship . . . " Another passenger mentioned receiving a letter in the stateroom, indicating a passenger on the previous cruise had been diagnosed with Legionnaire's, so the H20 Zone and hot tubs were closed. 

Why is Royal Caribbean now so "certain" that its former captain did not contract the disease on its cruise ship and he had just "flu-like" symptoms?  

It seems like this cruise cruise line will say anything to avoid bad press, even if it means pouring salt into the wounds of Captain Myhra's grieving wife and daughter.  

Loyal to Royal? Inquest to be Held into Legionella Death of Former Royal Caribbean Captain

BBC published an article today about a story we have covered over the last three years.

The story involves a former Royal Caribbean captain who died due to sickness contracted while cruising with the same cruise line he and his wife had worked for.

Tore and Sue Myhra "met and fell in love" on board a Royal Caribbean ship in the 1980s.

Tore Myhra - LegionellaBut in 2009, the couple were on a Royal Caribbean cruise as passengers aboard the Liberty of the Seas when Captain Myhra became ill and four days later died of Legionella in a Miami hospital.

An inquest into the death will be held next month in the U.K. 

Mrs Myhra said her husband's case was "ironic" in that he had not been afforded the same consideration he had shown others when he was working.

In 1998, he sailed a Royal Caribbean cruise ship into a Caribbean port  at night so a sick passenger could receive emergency medical treatment. But Royal Caribbean kept the ill former captain on the cruise ship when he was dying.

Royal Caribbean did not treat his widow, a former long term purser on several Royal Caribbean cruise ships, or her daughter any better. 

You can read our article about this sad and disturbing case here. It should give new meaning to "Loyal to Royal."

Royal Caribbean Delivers Cruel Blow to Widow of Beloved Captain Tore Myhra

Quantum of the Seas - A Cruise Lawyer's Dream?

Richard Fain Bumper Car Quantum of the SeasToday was another weird day in the world of cruise law.  Sitting in my office I watched CNN coverage of the bombing in Boston on my big screen TV's most of the day while also following the travel industry's internet coverage of the unveiling of images of Royal Caribbean's Quantum of the Seas (as well as filing a few lawsuits against my favorite cruise line).

It was a strange contrast watching the somber coverage of the deadly Boston bombing with the gushing praise by travel agents and cruise fans of artist-drawings of a silly looking, gigantic but-not-yet-built-cruise ship which touts all types of frivolous contraptions. 

I didn't see any photos or video of larger and better equipped medical facilities to take care of the residents and guests of this gigantic floating city, or police substations for this sometimes dangerous maritime community, or helicopters to medevac ill guests and crew to safety or to assist in rescuing overboard passengers, or top notch security systems to keep the terrorists at bay.

The cruise ship has not been built yet (it is scheduled to come on line in the fall of 2014) but that did not stop the cruise line CEO and cruise president from showing digital images and video of all types of weird and futuristic things. 

One of the first images I saw on Twitter was a photo taken by the popular @CruiseGuy of Royal Caribbean CEO Richard Fain arriving at theQuantum of the Seas Virtual Balcony Quantum of the Seas presentation in a bumper car with a Royal Caribbean logo painted on the top. You guessed it - Royal Caribbean will offer the first cruise ship with a bumper car rink! Hundreds of drunk passengers without helmets smashing into each other on the high seas! That should keep the defense lawyers at the cruise line busy for a decade.

CEO Fain seems like a good sport. Years ago he was photographed riding on the carousel on the new Oasis of the Seas and he surfed a FlowRider when the Independence of the Sea debuted a while back. So why not ride a bumper car which he could smash into President Goldstein on stage?    

A big hit seemed to be the "virtual balcony" for the dark, interior cabins for those passengers who can't afford the real thing.  Hhmmhh . . .  a virtual view. Sounds depressing to me. Every time I look out at my virtual view I realize that I can't afford a real view, like from the Royal Loft. But the real question is who will be the first lawyer to file suit when a tipsy passenger breaks his nose smashing into the wall after forgetting its just a virtual balcony?  It won't be me, but trust me it will happen. How many broken noses will it take before the virtual balcony doors have virtual warning signs?

Quantum of the Seas North StarThen there is something called simulated sky-diving which the Quantum will premier. Sure sounds dangerous, but again it is "simulated" right? Looks like flying to me (broken neck anyone?). Take a look at the video here.  

Royal Caribbean has been sued for injuries and death on its FlowRiders (simulated surfing), rock walls, skating rinks and zip-lines. Simulated sky-diving may continue Royal Caribbean's tradition of having the most innovative and dangerous attractions on the seas. Let's hope that the sky-diving injuries are just "simulated" too.    

But the best "gee-wizz" attraction will be a Jetson-famiy futuristic mechanical arm that magically transports passengers high above the ocean in a glass capsule. Its called the "North Star." Kinda like a amusement park ride of the future that has never been tested on land, so-let's do-it-on-the-high-seas!

I'm going to go ahead and file a lawsuit on that one today.

If you missed the debut, watch below for a summary!

 

Leave a comment or join the discussion on our Facebok page.

Cruise Booze: Is a Passenger's Drinking Problem Just His Own?

An article this weekend from the popular cruise community Cruise Critic caught my attention: "Royal Caribbean Removes Passenger from Cruise Ship for Rowdy Behavior."

The article is about Royal Caribbean kicking a passenger off the Rhapsody of the Seas for what is described as "rowdy behavior" that included throwing items overboard while the ship sailed in the south Pacific. The cruise line has a "Guest Conduct" policy which requires the passengers to act responsibility and permits the cruise line to kick them off the cruise when they act badly. 

I don't disagree with the notion of removing an unruly passenger from a cruise. But the first thing I Cruise Ship Drunk Rowdy Conduct thought of was that Royal Caribbean probably over-served the guest too much booze in the first place. I later read comments that the passenger in question was probably drunk when he threw a bunch of stuff overboard and then staggered back to his cabin and passed out.

Royal Caribbean has what it calls a SafeServe policy where it supposedly trains its staff not to over-serve alcohol to passengers. But from the many comments to the incident on the Cruise Critic message board, it seems that the drinking policy is not rigorously enforced. The cruise line also offers an All-You-Can-Drink package which can lead only to more and more drunken conduct.

I have written about Royal Caribbean's drinking policies in the past where the company collects hundreds of millions of dollars in profits a year based on a system where bartenders earning only $50 a day from the cruise line push booze to make tips from the passengers. 

Here are some comments to the rowdy passenger article:

"Saw way too much of the drunken behaviour on our last Royal Caribbean Cruise aboard Voyager and I have to agree that alot are now making sure they get their full monies worth with the drinks package and the only way to do that is to make sure you are just about smashed everyday."

"I cannot imagine drinking for ten straight days, actually I can, it's called "leaving Las Vegas" and it starred Nicholas Cage . . ." 

So what happens when a cruise line violates its drinking policy and then a passenger breaks the guest conduct policy?  Yes, the guest usually gets the boot. But shouldn't the bartenders responsible for over-serving the guest also find themselves on the dock the next morning?  Should cruise executives face culpability when excessive serving of alcohol leads to unruly conduct, fights, crimes and people going over-board?

Or is a passenger's drinking problem just his problem alone?  

 

  

Photo Credit: Cruise Critic

Legal Rights of Crew Members Injured on Royal Caribbean Cruise Ships

Royal Caribbean Crew Member When injured Royal Caribbean crew members contact us, there are a few things that they usually say:

"The ship doctor would not take me seriously and just gave me Ibuprofen;"

"My supervisor told me that if I didn't want to work I would be sent home;"

"The company would not send me to a doctor in the Miami but sent me to Nassau instead;"

"The ship doctor would not authorize a MRI;"

"The company sent me home and I have no money;"

"The company sent me home and no medical treatment is arranged;" 

"I called my medical case manager and she didn't call me back;" and

"I emailed my medical case manager and she didn't email me back."

One of the problems which Royal Caribbean crew members face is that they are required to work excessive hours (12 hours or more) seven days a week all month long. Repetitive injuries to their back, neck and wrists are common. Complicating matters is that there is constant pressure to keep working. Stateroom attendants have to clean the 20 or so cabins assigned to them each and every day; a negative comment from a guest may be the kiss of death and result in a 10 year cabin attendant finding herself summarily dismissed from the cruise ship.  

The next problem is that there is very little actual diagnosis of crew members injuries taking place on cruise ships. Rather the focus is on giving pain relievers to the injured crew which just masks the problem and can result in the injury becoming worse.  Many crew members tell us that ship infirmaries Royal Caribbean Crew Member have baskets of Ibuprofen pills out at the nurse's station, not unlike a bowl of candy to eat.

And when the crew member can no longer work and gets sent home? In most cases, the cruise line has not scheduled any medical treatment. Nor has the company provided a check for the crew member's sick wages or living expenses.  

The crew medical personnel in the company's offices in Miami are understaffed. A single medical case manager may be required to handle over 150 crew member cases.  If you are a sick or injured Royal Caribbean crew member and feel that the company isn't paying attention to you, that's because it isn't.

Under the U.S. maritime law, cruise lines are required to provide you with prompt and adequate medical care on the cruise ship. Cruise lines like Royal Caribbean also have to provide full and complete "maintenance and cure" when a crew member is home on medical leave.

Over the last decade we have represented RCCL crew members from around the world. We are currently representing cleaners, waiters, assistant waiters, cooks, and cabin attendants from Jamaica, India, Guyana, Nicaragua, Bosnia & Herzegovina, Croatia, Serbia, Canada, Mexico, Trinidad, St. Vincent, Peru and other countries.

If you were injured on a cruise ship operated by Royal Caribbean (or sister company Celebrity Cruises) due to an accident, over-work or bad medical care, and are frustrated by the way the cruise line is treating you - don't suffer alone.  We will be pleased to help you.

We will explain your rights and answer any questions you have.

Email me at jim@cruiselaw.com or call our office at 305 995 5300.

 

Photo Credit - Jim Walker with clients:

Top: RCCL cabin attendant from St. Vincent in Miami for medical treatment

Bottom: RCCL cook injured in galley / photo taken in front of Allure of the Seas in Jamaica

Sexual Perverts & Pedophiles on Royal Caribbean Cruise Ships

Todd Nordahl - Sexual Assault - Royal CaribbeanYesterday, I wrote a short article here about a 49 year old man who reportedly sexually assaulted a 15 year old boy on the Royal Caribbean Mariner of the Seas cruise ship.  As I mentioned earlier, a FBI press release states that Todd Nordahl, of Tuscon Arizona, was arrested when the Royal Caribbean cruise ship returned to Galveston from a seven-night cruise. Nordahl was charged with sexually abusing the boy on March 27. He allegedly provided alcohol to the minor victim, made sexual advances toward the child and then sexually assaulted him.

Sexual assaults on Royal Caribbean cruise ships, as well as on other cruise lines, are more frequent than the cruise industry will admit. There are many hundreds of crimes which have occurred over the years on the Royal Caribbean fleet - child porn freaks, child predators and sexual deviants - both crew members and fellow passengers.  

In 1999, Royal Caribbean commissioned a study to access the frequency of sexual assaults on its fleet of cruise ships. The independent experts concluded that sexual misconduct on Royal Caribbean and Celebrity cruise ship occurred "frequently." 

Royal Caribbean Sexual Assault Cruise ShipThe experts recommended that certain steps be taken to reduce the number of incidents. In response, the cruise line implemented none of the recommendations. Instead, Royal Caribbean began a PR campaign stating that sexual misconduct was "rare" and touted that the "safety of passengers was its highest priority." The Cruise Line International Association (CLIA) later adopted the "safety is our highest priority" slogan as its official talking point.

Our firm was the first to uncover and obtain an order compelling the cruise line to release this report to the public.

Royal Caribbean, in my assessment, continues to perpetuate a fraud on the American public by telling them that their cruise ships are safe, when it knows that that sexual assaults are "frequent."  

Since then there have been many sexual assaults of children throughout the Royal Caribbean - Celebrity Cruises fleet of ships.  Here are some of the recent cases of child porn addicts, sexual predators and men convicted of assaulting children aboard Royal Caribbean / Celebrity cruise ships:

Two years ago, a 15 girl was sexually assaulted by who she describes as a uniformed Royal Caribbean crew member aboard the Rhapsody of the Seas cruise ship. The crime occurred after the cruise employee let himself into the child's cabin while her parents were at a different part of the cruise ship. Like most cruise ship crime cases, the FBI did not arrest anyone and the crime remains unsolved. Child Porn Royal Caribbean Cruise ShipSee the video below to watch the disturbing story.

Timothy David Webb, age 32, (left) was arrested after he disembarked Royal Caribbean's cruise ship Grandeur of the Seas as a passenger at the Norfolk cruise ship terminal. Webb is a convicted sex offender and has a prior conviction sodomy in the state of Virginia. The customs agents pulled Webb from a line of passengers disembarking the cruise ship and searched his laptop, which contained child pornography videos.

A 15 year old girl was raped on the Allure of the Seas last year. The crime occurred after the girl was lured from the cruise ship's teen club called "Fuel" when a 15 year old boy told her he was having a party in his room. Royal Caribbean Allure of the Seas Cruise Ship The young girl, who was vacationing with her family, was led to believe that she would meet friends there. However, after entering entering the cabin, she was confronted by an older passenger, Luiz Scavone, age 20. His full name is Luiz Antônio Scavone Neto (right). The Broward Sheriff's Office (BSO) said that Scavone and the 15 year old boy prevented her from leaving, removed her clothing, forced oral sex, and then both raped her. "The victim told them 'no' several times and tried to leave but was not able to," according to the BSO. Scavone and the 15-year-old boy have been charged with "lewd and lascivious battery." Both pled guilty to the crimes.

Celebrity Cruises Sexual AssaultAmado Nicholas Hernandez, age 31, (left) is a pedophile who was employed by Celebrity Cruises as an audiovisual manager and provided onboard guest-entertainment services aboard the Constellation cruise ship. Hernandez was arrested after police determined that his computer contained 450 photographs and about 250 video files of child pornography portraying a total of 44 different victims. The criminal complaint filed against Hernandez alleged that upcoming cruises included several stops in Mexico. Hernandez, in documented online chats, reportedly had bragged that he had bought young boys for sex in Mexico and “almost offed one,” the criminal complaint alleges. He reportedly dressed as Santa Claus on the Celebrity cruise ship and was photographed with the children of passengers sitting on his lap.  

Royal Caribbean Cruise Ship Sexual Assault A Royal Caribbean crew member has pleaded guilty to the sexual abuse of a 14 year old girl during a Caribbean cruise. 25 year old Fabian Palmer admitted engaging in sexual relations with the girl during a cruise from Baltimore in December 2010. Crew member Palmer was employed by Royal Caribbean as a pool attendant and interacted regularly with passengers during cruises. He met the girl and her family earlier during the cruise. Palmer took the child into a men's locker room on the Enchantment of the Seas and engaged in sexual acts in the bathroom.

Federal authorities arrested an Idaho man who took a cruise from Port Canaveral with more than 1,000 Royal Caribbean Cruise Ship Porn images of child pornography on a laptop he took on the cruise ship. According to a complaint filed in Orlando federal court, authorities were inspecting cruise passengers onboard Royal Caribbean's Monarch of the Seas cruise ship on December 10, 2012, when they discovered that the laptop computer of cruise passenger Gary Lee Reed, of Blackfoot Idaho, had around 1,162 images and videos depicting child pornography. The images included sexual abuse of toddlers and babies. Reed reportedly admitted that he has viewed child pornography for many years. He was arrested and subsequently indicted by an Orlando federal grand jury on a child pornography charge.

Royal Caribbean Cruises Child Predator A Pittsburgh-area man was sentenced to nearly five years in federal prison for traveling to Florida in order to take a cruise so he could molest a young boy. Seventy-three-year-old Sherwood Stevenson pleaded guilty to traveling with intent to engage in illicit sexual conduct. Stevenson fondled a 6-year-old boy while in a hot tub on the Royal Caribbean Liberty if the Seas cruise ship in December 2009. When that boy got away, Stevenson made brief contact with another boy. Stevenson told investigators he took the cruise so he could molest young boys.

We have handled over 75 sexual assaults of women and children on cruise ships over the past decade. We maintain a large data-base of many hundreds of such crimes on cruise ships.

Cruise lines will never tell you the truth about sexual assault. It is the cruise industry's dirtiest secret.    

Cruise Crime Allegations: 15 Year Old Boy Sexually Assaulted on Royal Caribbean's Mariner of the Seas

Mariner of the Seas - Todd NordahlA 49 year old cruise passenger was arrested and charged with sexually assaulting a 15 year old boy during a recent cruise aboard the Royal Caribbean Mariner of the Seas.

According to a FBI press release, Todd Nordahl, of Arizona, was arrested when the Royal Caribbean cruise ship returned to Galveston from a seven-night cruise. 

The charges are that on March 27, Nordahl provided alcohol to the minor victim, made sexual advances toward the child and then sexually assaulted the boy.

Nordahl, 49, is being held in the Galveston County Jail. There is a hearing scheduled tomorrow in Federal Court in Texas before U.S. Magistrate Judge John R. Froeschner at 2:00 PM.

Sexual assaults on cruise ships are one of the cruise industry's dirtiest secrets.  Tomorrow we will post some of the most devious child porn addicts and sexual predators caught on Royal Caribbean cruise ships.

Did Liberty of the Seas Rescue Two Cuban Boaters? Royal Caribbean Isn't Sure

Last Sunday the Liberty of the Seas cruised upon two stranded boaters as the cruise ship was returning from the Caribbean.  The ship stopped and picked up two Cuban men.

As WPTV reports, Royal Caribbean originally said that its cruise ship picked them up. But later it issued this statement, saying: The two Cubans did not board the Liberty of the Seas, but were retrieved by a coast guard vessel…"

But cruise passenger Emily Zazdin, who filmed the rescue, said  "I got video of them coming up to the ship and they were taken aboard."  

The Coast Guard said they picked up the two men from the cruise ship and found they have legal status in the U.S. The Coast Guard took them to the border patrol offices in Marathon, where their legal status were confirmed, and they were released.

You can see in the video (courtesy RSS 622) at the bottom the Coast Guard arriving at the cruise ship to take the men away in a Coast Guard vessel.  

Just goes to show you, take anything the cruise line PR people tell you with a grain of salt.

 

 

Murder Aboard Royal Caribbean's Enchantment of the Seas?

Enchantmemt of the Seas Cruise Ship MurderLast night I received an email from a person who follows cruising who received information that there may have been what is being described as a "murder / suicide" on an unidentified Royal Caribbean cruise ship. There was a vague posting of the alleged incident on the Disney boards

This morning I received another email from a passenger who just disembarked the Enchantment of the Seas cruise ship.  The person's email is as follows:

"Just got off Royal Caribbean Enchantment of the Seas. They were detaining everyone on the 7Th floor and the police were there collecting statements. The crew wouldn't say what was going on but other passengers said there was a murder/death on the 7th fl. Post if you hear anything about it."

My understanding is that the Enchantment OTS is moored in Baltimore at the moment.  

Enchantment of the Seas Cabin 7110If you have any information about this alleged incident, please leave a message or post a comment on our Facebook page.

Update March 25 2013:  I received the following information this morning from a person who wishes to remain anonymous:

The deceased person is reportedly a woman in her 60's who allegedly was found on the floor by her husband.    

She reportedly had fallen inside the cabin earlier the same evening and hit her head and went to bathroom where she fell again this is when husband called for help. Nurses arrived to the cabin to attend the situation however she was pronounced dead at 5 AM.

(Please note that I cannot verify any of this information or any comments below). 

The cabin was thereafter sealed at some point until arrival into port where investigations will begin.

We were also provided with a copy of a photo of the door of the cabin in question which shows a plexi-glass cover over the key hole and key card slot with a lock around the handle.  

The FBI has told news stations in Baltimore that there are "suspicious undertones" surrounding the death.

A local CBS news station in Baltimore aired a short video on the investigation.

March 28, 2013 Update: The AP is reporting that an "autopsy shows that a Virginia woman found dead aboard a Royal Caribbean cruise ship died of natural causes.

FBI spokesman Rich Wolf has identified the woman as 64-year-old Katherine Kennedy, of Midlothian, Va. He says Kennedy died of heart disease.

Her husband found her dead Sunday in her cabin on the Enchantment of the Seas cruise ship. FBI agents met the ship when it arrived in Baltimore on Monday to begin investigating the unexplained death.

Wolf says Kennedy also had a laceration on her forehead, but authorities determined that she got the cut when she fell down. They said it had nothing to do with her death."

Photo Credit:

Top: Rageousgtx at en.wikipedia

Bottom: Anonymous

Royal Caribbean's Norovirus of the Seas Returns to Florida with Sick Passengers

CBS (Miami) reports today that  a Royal Caribbean cruise ship arrived back in Port Everglades this morning with an outbreak of norovirus on board

The cruise line has not responded to requests for information, but passengers aboard the Vision of the Seas complained about vomiting and diarrhea. Passengers said more than 200 passengers had to be quarantined due to the outbreak.

“It’s been a hell of an experience,” said passenger Johny Celaire, of the 11-day cruise.  The captain reportedly announced there had been an outbreak of the norovirus on board shortly after the cruise Vision of the Seas Norovirusship departed.

CBS reports that one cruise passenger, Joan Webber was not  quarantined even though her husband was ill.  She is concerned that other passengers infected with the virus will take taxi cabs to hotels and airports where others could be exposed.

“There are people flying out today that are going on an aircraft that have diarrhea so bad they don’t know how they are going to get back up to Canada,” Webber said. “I’m surprised we didn’t go and have the health department talk to us.”

CBS further reports that Celaire said Royal Caribbean’s customer service reps added insult to injury when they called to inquire about the situation.

“She said to me if you had washed your hands you’d be okay,” Celaire said. “I said, ‘How the hell do you know if I didn’t wash my hands?’”

Blaming the passengers is a common ploy by the cruise lines even though the Centers for Disease Control (CDC) state that the most likely cause of norovirus outbreaks is contaminated food or water. 

 

 

 

 

 

"Screw the Crew" Video: Banned By Royal Caribbean & YouTube!

Royal Caribbean Tipping PolicyA former Royal Caribbean crew member recently posted a short video explaining, in his view, how the cruise line steals a portion of the tips intended for stateroom attendants.  We posted the video in an article Are Crew Members Receiving the Tips You Pay?  

Recently this cruise line announced that it was switching to a new system where it will automatically take money from its guests' accounts purportedly for the purpose of being distributed to crew members as tips.  But many crew members have contacted us or posted comments to our blog stating that this is just another scheme to take money from the crew's pockets.

We posted another article earlier this week addressing the new policy and the issue of tips: Royal Caribbean's New Tipping Policy: A Money Grab to Increase Profits?  

We also have a active discussion of the issue on our Facebook page

But Royal Caribbean does not like its crew members revealing what is happening on its cruise ships. We learned that the cruise line threatened the former crew member and objected to the video. Today YouTube took the video down. Take a look below.

This is how foreign incorporated cruise lines (Royal Caribbean is incorporated in Liberia) view the First Amendment guarantees of free speech.

So this cruise line silenced one critic.  But its hard to hide the truth.  If you are a crew member, leave a comment below and tell us about the new tipping policy.             

Royal Caribbean's New Tipping Policy: A Money Grab to Increase Profits?

Royal Caribbean Tipping PolicyRoyal Caribbean announced a new tipping policy.

Passengers will no longer be permitted to pay the "recommended gratuities" directly to the hard working stateroom attendants. Instead, the cruise line will automatically charge tips of $12 a day per person. The tips will be automatically added to the guest's account on a daily basis.

So who receives the tips?

The cruise line says that the tips will be shared by dining services staff, cabin attendants and other housekeeping personnel.  

But some crew members who have contacted our office say that this is a money grab by Royal Caribbean to pay them less. They earn only $50 a month from the cruise line. The rest comes from the guests. They believe that the cruise line is stealing their money. We have heard from many crew who have to clean over 20 cabins, bathrooms and balconies a day and see Royal Caribbean sending their tips back to the cruise line coffer's in Miami.

Two month sago, we asked whether this cruise line's tipping policy was just a scheme to steal the crew member's tips? Remember that this cruise line just suffered a $392,800,000 loss last quarter. It certainly has motivation to dip into the tip jar and steal money intended for its crew members.

Read: Are Crew Members Receiving the Tips You Pay? Watch Royal Caribbean's "Screw the Crew Scheme."Royal Caribbean Tipping Policy

February 20, 2013 Update: Royal Caribbean objected to the video, threatened the crew member who posted it, and was successful in taking the video down.  So much for freedom of speech.  Read our updated article "Screw the Crew" Video: Banned By Royal Caribbean & YouTube! 

  

Groping on the High Seas? John Travolta - Fabian Zanzi Sexual Harassment Lawsuit Over, Finally

Fabian Zanzi - Royal CaribbeanA year ago. Cruise Law News was the first one in the U.S. to report that a Royal Caribbean crew member, Fabian Zanzi, claimed that movie celebrity John Travolta sexually harassed and assaulted him during a cruise.  We had first heard of the alleged incident several years ago from a crew member client who worked on Royal Caribbean's Enchantment of the Seas cruise ship. 

We were told that a Royal Caribbean crew member claimed that Travolta came-on-to-him during a cruise on the Enchantment in 2009.  

Zanzi's lawsuit claims that after he served Travolta room service, Travolta disrobed, "forcibly embracing" Zanzi while naked, and engaged in "nonconsensual, inappropriate, extreme and outrageous" contact. 

Zanzi reported the incident to his supervisors at the cruise line. Royal Caribbean then punished Zanzi and kept him confined to his cabin. Travolta ended his cruise early and took a jet back to the U.S.    

Travolta denied everything of course. 

Travolta's lawyers responded to Zanzi's lawsuit by moving to dismiss it and to send the case to arbitration. This way Travolta could avoid the publicity of a jury trial. Arbitration usually results in lower damages awarded to the aggrieved party. This is how cruise lines respond to lawsuits by injured crew members.

A federal court judge recently denied Travolta'a motion to arbitrate the case. You can read the well reasoned opinion here. This means that the case would head toward a jury trial.

But yesterday, the Hollywood news reporters said that Zanzi's lawsuit had been "dropped," after the John Travolta - Fabian Zanzi - Cruise Shipparties had stipulated to a dismissal.  Sounds to me like Travolta paid a settlement, after losing his arbitration motion, in order to avoid the prospect of all of his dirty laundry being aired out before a jury in Los Angeles. The parties probably agreed to keep the settlement terms secret.  A good move by Travolta to put this spectacle to bed.

Meanwhile, Zanzi is proceeding with his claim against Royal Caribbean that it falsely imprisoned him in retaliation for reporting the alleged sexual harassment.

The Zanzi - Royal Caribbean false imprisonment claim is in arbitration, so there will be no jury trial for the Hollywood reporters to attend. My prediction is that eventually the cruise line will agree to a settlement, subject to a confidentiality agreement.

Then the case will end like it began, with everyone trying to keep what happens on cruise ships secret. 

 

Photo credit - John Travolta - WENN

Royal Caribbean Reports $392,800,000 Loss for Last Quarter

The Associated Press reports that cruise giant Royal Caribbean lost $392.8 million in the fourth quarter because of losses associated with its Spanish cruise line, Pullmantur.

The AP states that Royal Caribbean wrote down $413,900,000 due to a substantial drop in bookings and prices in Spain following the Spanish government’s austerity measures. Royal Caribbean also blamed its losses on the Costa Concordia disaster a year ago.

Royal Caribbean had a profit of $36.6 million during the same quarter a year ago. 

In December we reported that Royal Caribbean's top executive Richard Fain bailed on out on a large block of cruise line stock.

In December 2012, Chairman and Chief Executive Officer Richard Fain sold 143,140 shares of RCL stock for $4,964,095.  

Fain followed up by exercising options and selling 188,443 shares for $6,535,203, for a total of around $11,500,000.  

$11,500,000 in cash in your pocket and 6 weeks later your cruise line posts a loss of over $392,000,000. Goes to show you that cruise line executives have fun making millions hand over fist regardless of how the company performs.

Video below is of CEO Fain on one of the Royal Caribbean FlowRiders (via RCCL YouTube).

 

High School Students in Jamaica: New Cruise Port in Falmouth Not Benefiting the "Small Man"

I have been interested in the port town of Falmouth in Jamaica for the past many years after cruise giant Royal Caribbean convinced Jamaica to invest well over $200,000,000 (U.S.) to accommodate its Oasis class cruise ships,  The project involved the dredging of the port's waters, the destruction of mangroves, the dislocation of its fishing village, and the changing of traffic routes which I have written in prior blog articles here, here, here and here.

My view is that the port primarily benefits the cruise line. There is virtually no investment in the town of Falmouth Jamaica Cruise Ship PortFalmouth itself. The cruise passengers are bused out of town to shop in Ocho Rios or visit places like Dunns River Falls.    

Two days ago, the Jamaica Gleaner published an article stating that high school students in Trelawny have concluded that Royal Caribbean's new port facility in Falmouth is not benefiting the "small man."

Students at the William Knibb Memorial High School in Martha Brae, a few south of Falmouth, have studied the new port and, according to the Gleaner, have given the port a "failing grade" in terms of helping the "common man" in Trelawny.

The article below was written by Gleaner writer Barrington Flemming.

I took the photos yesterday when I was in Falmouth visiting clients.    

"The Falmouth Pier in Trelawny, which has been dubbed the new hub of cruise shipping in Jamaica, has been given a failing grade by sixth form students of William Knibb Memorial High School, who are of the view that it is not measuring up to their expectations in terms of benefits to the town.

Tasanica Ellis, one of eight panellists, who discussed the topic Falmouth: Jamaica's new economic frontier, fact or fiction? during a Gleaner-Island Grill Youth Editors' Forum at her school, described the US$220-million cruise-shipping pier as a US$220-million "monstrosity" which has failed to bring any real benefit to the small man in the historic Georgian town.

"There is no benefit for the small man," said Ellis. "Everything is either boxed into the pier or is spread elsewhere outside of Falmouth. Only the investors in the pier reap any economic benefits."

Added Ellis: "We do not see any partnerships between the investors in the pier that will include the small man and allow for him to get any benefit."

Ellis went on to argue that more could be done to help retain the visitors in the town by developing new attractions and employing more people directly.

"They could develop the Burwood Beach and make it into a proper attraction that could see people gaining employment," said Ellis. "They could open a restaurant offering authentic Jamaican food and drink so the people would be inclined to stay here. Most of the cruise-ship visitors, who come to Falmouth, leave to Montego Bay (St James) or Ocho Rios (St Ann) to enjoy the attractions in those towns."

Lack of Development

Nastascia Gossel, another of the panelists, decried the lack of development in the town while arguing that no provisions have been made to cause any benefit to trickle down to the general populace.

"When we look at Falmouth, it is a total disaster; the small businesses are not seeing any of the benefits that were promised from the development of the cruise-ship pier," argued Gossel. "The drainage system is seriously lacking; to be quite frank, Falmouth has hardly been developed over the past two years."

For Orlando Dowlatt, while the national coffers have benefited from foreign-exchange earnings, the "common man" in Trelawny has been left out of the equation.

"We are seeing that the pier has spurred some economic growth as the country on a whole has been benefiting from the foreign-exchange but for the common man, there is absolutely nothing," Dowlett contended.

The general consensus from the youth was that the pier, while offering economic benefits for the country as a whole, the "trickle down" effect was lacking as the town of Falmouth itself was not feeling the impact of the pier as was promulgated by the Government."

barrington.flemming@gleanerjm.com  

Falmouth Jamaica Royal Caribbean Cruise Port

What's Happening to the FlowRiders on the Allure of the Seas?

For those of you who cruise regularly, you know that Royal Caribbean has two FlowRider attractions on both the Allure of the Seas and the Oasis of the Seas. The FlowRider is a surfing simulation where a thin wave of water is shot across a rubber surface and the passengers tries to surf or boogie board. 

Today I posted an image of what looks like repairs or major maintenance to one of the FlowRiders on the Allure.  You can see another image of the FlowRider below as the work continues.

Anyone know what's going on with the FlowRiders on the Allure?

If you know, join the discussion on our Facebook page.  

Allure of the Seas - FlowRider - Oasis of the Seas

Alleged Rapist Arrested Aboard Royal Caribbean Cruise Ship

Brian DenbyOne of the topics I harp on here at Cruise Law News is the danger of having a sexual predator sailing in the next cabin to you while you enjoy a vacation cruise.  

Cruise ships of course do not screen passengers to determine whether they are sexual predators. The local port officials and sheriff's offices can easily perform background checks like this but they usually don't bother to conduct the checks until the cruise ships are at sea and then it's too late to arrest the undesirables before they can attack someone on the cruise.   

Today we have another example of why it is prudent not to trust the friendly man who is sailing next to your family's cabin.

WSVN-7 reports today that the police arrested a 30 year old man who allegedly sexually assaulted two underage teenage girls outside a South Florida shelter.  The news station states that Brian Denby was arrested after arriving back at the Port of Miami from a cruise this morning.

Three weeks ago, according to police, Denby was walking by a shelter for victims of abuse called "Kids in Distress." After talking to two teen girls who live at the shelter, he hopped the fence sexually abused the two girls. The police released his sketch and after a tip came in the officers were able to identify Denby.

The news station reports that Denby was on vacation on a Royal Caribbean cruise in the Bahamas. When the cruise ship arrived back to the Port of Miami today, the police and federal officials boarded the ship and arrested Denby.  He is in jail in Broward County charged with several counts of lewd and lascivious battery.

Photograph courtesy of Broward County Sheriff's Office via CBS News.

 

Titanic Redux? Can Royal Caribbean Safely Evacuate 8,500 Passengers & Crew from the Oasis of the Seas?

Oasis of the Seas - Viking Dual Evacuation Chute SystemA retired U.S. Coast Guard official called me last week about issues of cruise ship safety. We had an interesting hour and one-half discussion about whether modern cruise ships are designed to safely evacuate passengers and crew members in times of emergencies like fires or sinkings.   

Our conversation began with Royal Caribbean's biggest cruise ships in the world, the Oasis of the Seas and the Allure of the Seas.  

Royal Caribbean touts these news ships as technological marvels of the world. But the evacuation procedures are strictly old-school.

Some aspects of the emergency abandon ship systems are flat-out dangerous. 

The cruise line's press releases mentions that the cruise ship has 18 lifeboats each with a 370 passenger capacity. It says that "lifeboats on Oasis of the Seas have been entirely redesigned and approved as part of a holistic evacuation concept."

But the truth of the matter is that Royal Caribbean had a major problem when it designed the largest cruise ships on the planet. There is a regulation stating that the maximum number of people permitted aboard a lifeboat is 150. There is no way that the cruise line could build a ship with over 55 lifeboats carrying 150 people each. So in order to cram enough people into lifeboats, the cruise line obtained a waiver to increase the maximum lifeboat capacity up to 370 people. 

Oasis of the Seas Canister Chute SystemRoyal Caribbean not only has the largest cruise ships in the world, but it has the largest lifeboats in the world.

But does it have enough?

18 lifeboats with a capacity of 370 equals only 6,660 people. Oasis has a total maximum population of around 8,500 when you count its capacity of around 6,300 passengers and 2,200 crew members. That means that there are around 1,850 people without the lifeboats which Royal Caribbean raves about.  

Royal Caribbean's press statement makes no mention of it, but those who are not assigned or cannot fit into the limited number of lifeboats must use "emergency evacuation chutes."  The term used on the Royal Caribbean ships is "Viking Dual Evacuation Chute."  What is this you may ask?  You won't find Royal Caribbean talking much about the chute system.   

If you look at photographs of the Oasis (or the Allure), along the side of the ship at deck 4 you will see three large lifeboats in-a-line leading from the stern. Then you will see a row of canisters (others may call then cylinders), looking like old depth charges, positioned one on top of the other on deck 4.    

Oasis of the Seas Emergency Evacuation Chute SystemWhen these canisters are opened (see video bottom), a life-raft inflates in the water below. (We are talking about life-rafts - not lifeboats). These life-rafts are connected to a series of chutes running up to deck 4. The passengers and/or crew evacuate the cruise ships by jumping into the entrance to this emergency evacuation apparatus on deck 4. They then rapidly slide / fall down a steep, vertical drop into the inflated life-raft below.

These type of devices are dangerous. There have been a significant number of people killed or seriously injured while trying to evacuate 4 or 5 stories down steep chutes like this. 

In November, I wrote an article about 20 crew members seriously injured in a drill using this type of system who suffered broken bones, sprained ankles, and friction burns during the steep descent. Further injuries were avoided only when other crew members refused to jump. A union representative characterized the evacuation system as "unsuitable and dangerous."      

PBS aired a documentary on behalf of "Inside Nova" which looked at the Oasis of the Seas' evacuation procedures. PBS videotaped the operation of the chutes. In the video below you can see crew members tugging on the chute when suddenly a crew member comes flying out - landing violently on Oasis of the Seas Chute Evacuation Systemhis buttocks. After catching his breath, he exclaims "I got stuck!"

Now the first reaction to the video may be that it seems funny. But if you think about it for a second, it is actually terrifying. The placard on the cruise ship shows families with little kids and infants who are lining up to jump. The drawing on the ship actually show a mother clinging to her infant sailing down the chute a few feet above another passenger while a large man is jumping into the chute above her. I cannot imagine a more dangerous scenario.

Can you imagine what would happen if a 235 lb man lands on a 130 lb woman holding on to her 25 lb infant at the bottom of the chute?  Serious injury would occur.  Serious head injuries are likely if multiple people and children are in the chute at the same time. Far fetched?  Hardly. This scenario is actually depicted in the instructional drawings on the Oasis itself.

Royal Caribbean may say that only crew members are suppose to use this system. That's mentioned on the PBS video where you can see photographs of the chute system. That does not say much for the cruise line's consideration of the safety of its own crew.  

But why do the drawings of the chute system depict passengers with children and mothers clinging onto their infants descending the chutes?  These images are directly from Royal Caribbean's cruise ships. And if in fact only crew members are assigned to the chutes, why should they be subject to such dangers on a cruise ship which its owners tout as the safest ship in the world?

The other issue to consider, of course, is what happens if the Oasis suffers a Costa Concordia type of accident where the cruise ship lifts heavily to one side?  As we know from the Concordia, the lifeboats could not be deployed once the ship listed to 22 degrees.  Half of the Concordia lifeboats, on the port side of the vessel, were useless once the ship listed to the starboard side.  If anything like this happens on the Oasis, there will be a riot where passengers and crew fight to get into the remaining Abandon Ship Oasis of the Seaslifeboats and the rest will be left to take their chances jumping down the chutes hoping to land in a raft many stories below. 

Then there are the wind and sea conditions. All of the drills for the Oasis or Allure take place on sunny days in the calm waters of the Caribbean. Take a look here for an example.  Around and around the lifeboats drive in the protected waters of a beautiful lagoon in the Caribbean. What fun.

But what happens when these ships are re-positioned to Europe, Indonesia or Australia where there are high seas and unpredictable weather?  After all, Royal Caribbean is ordering more Oasis class monster ships right now. Trying to evacuate thousands of people down chutes into life-rafts in high waves and winds could be a disaster. There is also the risk of the tether ropes breaking, the chutes twisting, or the life-rafts ripping away from the chutes.

I for one would hate to think of anyone's spouse, or kids, or parents, whether they are crew or passengers, having to jump into an evacuation chute and fall 50 feet into a raft in rough seas.  

A chute and a raft are hardly a "holistic" approach to survival.  It's a disappointing and antiquated way of trying to save lives on the supposedly most sophisticated cruise ship in the world.

Don't forget to watch the video of the chute system below:       

        

 

What are your thoughts on this evacuation system?  If you are a crew member, have you ever been down a chute like this? Join the discussion on our Facebook page.  

Royal Caribbean's New Free Booze Policy: Staying Drunk on the High Seas

Royal Caribbean Cruises, which I believe is one of the leaders in irresponsible alcohol practices in the cruise industry, is adding to its already controversial beverage policies with an offer of free booze when two passengers book balcony rooms or higher levels on trans-Atlantic re-positioning cruises this spring to Europe.

South Florida Business Journal covers the story in an article New Twists in Boozing and Ocean Cruising. The Journal explains that Royal Caribbean is offering the free booze to passengers who buy balcony cabins on:

Royal Caribbean Cruises - Free BoozeNavigator of the Seas’ 15-night sailing from New Orleans to Rome (Civitavecchia) on April 6;

Independence of the Seas’ 13-night sailing from Port Everglades to Southampton, U.K. on April 7;

Brilliance of the Seas’ 11-night sailing from San Juan, Puerto Rico to Lisbon, Portugal on April 13; an

Adventure of the Seas’ 14-night sailing from San Juan to Southampton on April 21.

We have seen a correlation between too much booze and women and children being sexually assaulted, drunken brawls and passengers going overboard. Royal Caribbean does not mention whether there is a limit to how many drinks its bartenders and waiters will serve the passengers. Carnival recently stated that there is a 15 drink "limit" on its all-you-can drink policy. So if that is any indication of the standards of the cruise industry, then the new free drink policy on the Royal Caribbean ships will be surely result a significant portion of the passengers being intoxicated.

We have written about Royal Caribbean drinking policies before. Consider reading Booze Cruise: The Royal Caribbean Way.

The South Florida Business Journal mentions our blog in its article

"Maritime attorney Jim Walker of Walker & O'Neill has written some critical blogs about alcohol consumption on ships. He alleges some cruise lines routinely over serve passengers with bartenders being incentivized to do so. Of course, Walker is in the business of suing cruise lines when something unfortunate happens to passengers or crew members.

Carnival recently imposed a limit of 15 drinks in a 24-hour period for its booze bundles, which Walker likened to "no limit at all." A contrarian might argue that some people can knock down a beer an hour all day long and into the night without being stumbling drunk.

The danger for cruise lines is lawyers in some cases are trying to hold them liable for over serving passengers. Walker has a blog about a lawsuit involving a female passenger on one ship, who was allegedly raped by members of a ship's crew after drinking too much." 

Have a thought? Discuss the issue on our Facebook page

 

Photo credit: Cruise Critic

Antigua National Security Investigates Fist Fight Between Cruise Passengers & Police Over Broken $5 Souvenir

A newspaper in Antiqua reports today about an altercation which allegedly occurred between two cruise passengers & their child and police officers in a souvenir shop in Antigua.

In an article entitled "Cruise Passengers and Police Come to Fisticuffs," the Antigua Obeserver states that  a souvenir shop in the touristy Heritage Quay section of St. John's was the scene of a fist fight yesterday allegedly between two police officers and a couple and their child from Royal Caribbean's Adventure of the Seas. The incident occurred in the the Shipwreck Shop whose website shows pirate statues at the shop's entrance and states that "Shipwreck is the perfect little souvenir shop, filled with Shipwreck Shop - Antigua - Cruise Ship Passengersall sorts of trinkets." The stores sells an assortment of items including ". . . fridge magnets, shot glasses, key rings and even small Caribbean Christmas tree decorations."

The incident apparently occurred when a child from the cruise ship broke an item valued at less than $5 (U.S.).  The owner of the store told the newspaper that he informed the passengers of the store’s “You break it, you pay for it” policy, but the parents declined to pay for the item. The owner, who refused to identify himself to the newspaper, apparently called the local police who arrived on the scene. 

According to the Antigua Observer, the couple told the police that they were not going to pay for the broken souvenir, and an altercation occurred when they tried to leave the store.

The unidentified shop owner said that the cruise passengers were allegedly hostile to his staff and law enforcement officers.  He says that an apology would have been sufficient but the "child got very abusive."  The owner further claims that the child was "beating up on the police." The ship owner further stated: " We must not allow these people to talk down to us. I only want happy customers. The father and his son got very physical. They were hostile to the police and my staff. The officers were being fair and only doing their job. People have to treat people with respect.” 

The newspaper article indicates that the police made no arrest, and the cruise passengers returned to the ship.

The newspaper further states that the island's Ministry of National Security was notified and paid a visit to the souvenir shop to investigate. 

The newspaper contains a second curious twist stating that the cruise ship’s captain allegedly apologized to the shop owner the passengers' behavior and said "he would be asking them to disembark at the next port." 

This is rather unusual because cruise lines like Royal Caribbean tell the cruise passengers that they are on their own while ashore. However, the cruise line Guest Conduct Policy states that its standards of conduct for guests to follow apply "throughout their Royal Caribbean International cruise vacation, including transfers to and from ships, inside terminals, while onboard, at ports of call, during shore excursions and at our private destinations."

It will be interesting to see if the cruise line dumps the family off at the next port, or whether the captain threatened this merely to placate the shop owner and the island's National Security.

A strange story in any event, this is something that begs hearing the passenger's side of these events.

We have reported about all types of things which occur involving cruise passengers ashore in Antigua, such as a young woman being murdered and cruise passengers attacked and robbed and six cruise passengers from Brooklyn arrested after disputing a cab fare and fighting with the police in Antigua. For one, I'd like to understand why the Antigua Ministry of National Security got involved in an altercation involving a broken souvenir trinket worth less than $5.  

January 5, 2013 Update:  Another newspaper contains the "other side of the story."  Caribarena Antigua states that "eyewitness reports from taxi drivers in the area suggests that the police officers were the aggressors, having reportedly “roughed up” the lad in front of his parents and as they interjected they too became victims, with even the pregnant mother receiving a thug or two."

"The family was eventually ordered and escorted back to the ship by a senior officer who arrived on the scene. And during that journey, the child is reported to have wetted himself out of fear."

Irrespective of what occurred, news accounts of a broken trinket, a boy who wets himself, a pregnant mother, and a violent encounter with police will surely cast a black eye on Antigua.

In an unrelated article in the Antigua Oberserver today, tourism officials state that they are optimistic about attracting cruise visitors to Antigua this year.  

The brawl in the tourist area comes at the same time that Antigua announced that it formed a new police unit to protect tourists from crime

 

Photo: Shipwreck Shop

Seven & One-Half Years After Disappearance, George Smith's Family Still Seeking Answers From Royal Caribbean

The Greenwich Time newspaper reports that the family of cruise passenger George Smith, who vanished from Royal Caribbean's Brilliance of the Seas, wrote a letter to the cruise line's CEO, Richard D. Fain, on Christmas Eve seeking information about what happened aboard the cruise ship which lead to their son going overboard. 

In July of 2005, Mr. Smith was on his honeymoon with his newlywed bride, Jennifer Hagel, when he disappeared from the cruise ship.  Although the cruise line quickly labeled the incident an accident, there was blood found in his cabin as well as on an awning below his cabin. Four men who were last seen with George Smith Disappearance - Royal Caribbean Brilliance of the SeasMr. Smith were suspected of either being involved in or knowledgeable of the circumstances surrounding his death. 

Last year, there was a bombshell revelation that shortly after the incident, Royal Caribbean had possession of a video taken by one of the four men which revealed one of the other men saying "we gave that guy a paragliding lesson without a parachute." Our firm represented Mr. Smith's wife, and the cruise line kept this videotape secret from us. The question arises what other information the cruise line has not revealed to Mr. Smith's grieving family.

The Smith family noted that it has been 2,729 days since their son and brother went overboard in the Aegean Sea as the cruise ship headed to Turkey. The newspaper quotes from the Smith family's letter to CEO Fain:

"After seven and one half years, we still do not know who murdered George on your cruise liner. His murderer(s) remain at large. Your cruise ship, the floating crime scene, continues to hop from port to port carrying happy-go-lucky passengers seemingly unaware of the atrocities that were inflicted upon our son and brother on that very boat."

"Does Royal Caribbean have information which it did not provide under the terms of its settlement with our family that would finally get justice for George and allow George's soul to rest in peace?"

The George Smith case captivated the nation's attention in 2005 when it became obvious that there was a lot more to the story than what Royal Caribbean wanted the public to believe that this was a passenger simply falling overboard. A number of Congressional hearings were scheduled which brought focus on the problem of crimes and unsolved disappearances on the high seas.

If you want to learn more about this case, consider reading our series of articles about Mr. Smith's disappearance.  

Mystery of the Seas?

Royal Caribbean - New Name for Cruise ShipIt seems that Royal Caribbean has plans for a half-dozen new names for its cruise ships of the future.

Cruise Critic and a Royal Caribbean fan web site report that Royal Caribbean trademarked the names Anthem of the Seas, Passion of the Seas, Vantage of the Seas, Quantum of the Seas, Ovation of the Seas and Pulse of the Seas in trademark applications filed on November 2, 2012.

Royal Caribbean previously announced that it is building a new Oasis-class cruise ship. Perhaps Quantum of the Seas will be an appropriately ironic name for Royal Caribbean's next gigantic ship.

Royal Caribbean obviously has some long term plans in mind to have trademarked six new names. Previously Royal Caribbean announced that it will be building new cruise ships as part of its "Project Sunshine" with a new cruise ship coming on line in late 2014.

Right now the cruise line is keeping the name of its next ship a mystery.

What do you think of the new names?  What's your best guess for the name of the next Oasis-class ship?

Join the discussion on our Facebook page. There are some hilarious alternative names being suggested.

Are Crew Members Receving the Tips You Pay? Watch Royal Caribbean's "Screw the Crew" Scheme

Cruise lines have mastered various way to steal the tips which are intended by passengers to compensate waiters and stateroom attendants.  Carnival's P&O Cruises implemented a policy this year to withhold forwarding the tips paid by cruise passengers if the crew member's performance falls below a 92% rating as determined by management. Read Profits Over People: Carnival's Exploitation of Crew Members is Standard Industry Practice.

This is a real hardship because waiters and cabin attendants are paid a salary of only $50 a month and depend on tips to send money home to their families.

As you can see in the video below, a Royal Caribbean crew member alleges that the cruise line has devised a scheme to systematically divert money intended for the crew into the cruise line's coffers. 

Leave a comment below or leave a comment on our Facebook pageRoyal Caribbean Tipping Policy

February 20, 2013 Update: Royal Caribbean objected to the video, threatened the crew member who posted it, and was successful in taking the video down. So much for freedom of speech.  Read our updated article: "Screw the Crew" Video: Banned By Royal Caribbean & YouTube!

 

Third Oasis-Class Cruise Ship: Bad for Environment, Bad for U.S., Great for Lawyers & Cruise CEO's

Allure of the Seas - Oasis of the Seas FlowRider Royal Caribbean Cruises just announced a third Oasis-class cruise ship will be built at the South Korea-owned shipyard STX France after the financing fell through with the STX Finland shipyard.  

The as-of-yet unnamed gigantic ship will follow fellow behemoths the Oasis of the Seas and Allure of the Seas which are ported in Port Everglades in Fort Lauderdale.

CEO Richard Fain, who just sold $11,500,000 worth of RCL stock, proclaimed that "these ships have consistently generated outstanding guest satisfaction ratings and continue to produce superior financial results . . . "

The new billion-dollar-plus cruise ship is expected to come on line sometime in mid to late 2016. STX France provided Royal Caribbean with a one-year option to build a fourth Oasis-class ship with a 2018 delivery date. 

There is speculation where the new ship will be ported, with the South Florida Business Journal proposing Miami where Royal Caribbean is based and U.K. travel blogger Captain Greybeard raising the possibility of deploying the ship to the Mediterranean or the Far East.

What's my take on another "Giant of the Seas" arriving on the scene? First, its a continuing disaster for the environment. The supposedly most technologically advanced cruise ships in the world still burn highly toxic high-sulfur-content bunker fuel. And small Caribbean islands are forced to destroy ancient coral Allure of the Seas - Oasis of the Seas - Royal Caribbeanreefs as a price to pay from the privilege of hosting these enormous floating cities into their small ports.

The multi-billion dollar deal enormously benefits South Korea and France. The off-shore building project represents another drain of money and jobs from the U.S. to the South Korean conglomerate which owns the shipyard in France. 

The arrival of one or two additional Oasis-class ships will carry 5,000 to 10,000 additional cruise passengers. They will be trying to stay safe on the ship's various attractions like the rock-climbing wall, the zip-line and the incredibly dangerous FlowRiders which have caused serious injury and even death over the years.   

One would hope that the cruise line takes greater care in designing these amusement-park-like attractions to avoid the risk of serious injury.  Because as matters now stand, Royal Caribbean's gigantic sized cruise ships are good news only for the cruise line's executives and the personal injury lawyers representing the injured passengers.  

No Arrest After Cruise Passenger with Service Dog is Attacked Aboard Royal Caribbean's Vision of the Seas

The popular online community Cruise Critic reports today on a disturbing incident where a 59-year-old passenger attacked another passenger who had a service dog with him aboard Royal Caribbean's Vision of the Seas on December 20th. 

The article is based primarily on comments by Cruise Critic member "Bloemerl" who posted:

"My heart goes out to our new found friend and his service dog Freedom. He was viciously attacked late at nite while getting a pizza in the Solarium. He was beaten because a man could not respect service dogs and felt Freedom should not be on board." (The photo to the right is not of Freedom).

Service Dog - Disabled - Cruise ShipAlthough Royal Caribbean confirmed the incident occurred, the cruise line disembarked the passenger in Antigua rather than detaining him to be arrested by the FBI when the cruise ship returned to port in Fort Lauderdale.

A spokesperson for Royal Caribbean told Cruise Critic that the attacker was disembarked for being in violation of the line's "guest conduct policy."  

Royal Caribbean claims that it reported the assault and battery to local law enforcement in Antigua "as well as to the Broward Sheriff's Office in Florida." Remarkably, there is no mention of a report to the FBI which has jurisdiction over crimes on the high seas involving U.S. citizens. The FBI can make an arrest where the victim and/or the assailant is a U.S. citizen. The failure of the cruise line to report the incident to the FBI violates the Cruise Vessel Security and Safety Act.

A spokesperson for cruise line said "ship crew would have detained the man had a law enforcement agency asked them to hold him, but no such request was received."  This statement begs the question why the FBI was not notified.

Royal Caribbean also characterized the victim as sustaining only "minor injuries and was treated in the ship's medical facility."  But according to Cruise Critic member "Bloemerl," the man was transferred to a Fort Lauderdale hospital at the conclusion of the sailing to be checked for broken ribs and possible internal injuries.

Unfortunately, this is often the way that cruise lines handle shipboard crimes. If the incident had occurred say at the Dadeland Mall here in Miami, the local police would certainly make an arrest and the case would be prosecuted. But on the high seas, the cruise lines just dump the criminal off at the next port and wash their hands of the situation. Often they refuse to notify the FBI. Prosecutions are then virtually impossible.

 

Photo credit: Royal Caribbean - a service dog is defined by Royal Caribbean as "any dog that is individually trained to do work or perform tasks for the benefit of a person with a disability."

Cruise CEO Fain Bails On Royal Caribbean Stock For Over $11,500,000

Barron's reports that Royal Caribbean Cruises' top executive recently bailed out on a large block of cruise line stock just before the cruise line's shares touched a new 52-week intra-day high.

On December 13th Chairman and Chief Executive Officer Richard Fain sold 143,140 shares of RCL stock for $4,964,095, an average of $34.68 each. Barron's says that Fain followed up by exercising options and selling 188,443 shares for $6,535,203. 

The RCL stock is down over a point since CEO Fain bailed on the stock. Fain still holds 1,049,064 shares directly and 421,412 shares indirectly.

The last time we wrote about RCL's CEO was when he and other executives at the cruise line were sued for fraud for allegedly making false and misleading statements about the company's fourth quarter results for 2010. In January 2011, the day after touting the financial strength of the cruise line, CEO Fain sold 200,000 shares at a price of $46.63 for what the lawsuit alleges were total illicit proceeds of $9,326,000.  

Big bucks and cruise CEO's go hand in hand, irrespective of how the cruise industry is actually faring. A couple of weeks ago we wrote about Carniva's Micky Arison paying himself a bonus of $90,000,000 after what he describes as one of the one most challenging years for the cruise lines yet. 

Royal Caribbean Cruises CEO Richard Fain

January 4 2013 Update: The issue of cruise line executive compensation made our list of top ten stories for last year:

2012 was reportedly a difficult financial year for the cruise lines but you would never know it by looking at the huge sums of money, bonuses and stock options which the cruise line CEO's pay themselves. In contrast Fain' with his regular multi-million-dollar salary and the $11,500,000 from stock sales, Royal Caribbean's bar-servers were paid only $50 a month and required to work for tips carrying a dozen tropical drinks around the pool deck while balancing a bottle of rum on their heads

 

Photo Credit: Wall Street Journal Smart Money / by Jeffrey Salter / Redux 

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

Over 14 years ago, I was interviewed by Linda Coffman who has a very nice and exceedingly polite blog called CruiseDiva. Ms. Coffman's Twitter handle is @CruiseDiva

It was my first interview by anyone as best as I recall, long before I was interviewed on Larry King Live and Greta Van Sustern and the endless cable news talking heads.  I was a heck of a lot skinnier and had a nice head of hair 15 years ago. What the heck, 1,000 or so cases later, I certainly know a lot more now than I did then.

I have always felt a great appreciation to Ms. Coffman for the thoughtful interview well over a decade ago. I have added a few newer photographs, but the article is re-printed verbatim below:

CRUISES . . .  LIKE NO OTHER VACATION IN THE WORLD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A LOOK AT COMPENSATION

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

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

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

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

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

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

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

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

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

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

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

What are some of the interesting cases you have handled?

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

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

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

True.

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

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

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

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

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

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

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

One reported case involved a passenger who reported the loss of several hundred thousands of dollars in jewelry. The court dismissed the case based on the language in the passenger’s ticket limiting the cruise line’s liability to $100. My only advice is to leave your priceless jewelry at home, or buy insurance before you sail. 
 
STEPS TO A RESOLUTION
 
Before seeking the assistance of an attorney, what steps should a passenger take to resolve a claim?

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

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

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

The most important issue is liability. A passenger will need proof that the cruise line was negligent. First, passengers have to establish that there was a danger aboard the ship, such as an unexpected step-down without any warning signs. Secondly, they must establish that cruise lawyerthe cruise line knew or should have known of the hazard, yet failed to correct the hazard or warn passengers of the danger. This is often quite difficult to establish.  

As a practical matter, passengers need to take photographs and video of the accident scene, take notes and document what occurred, and record the names and addresses of all witnesses. In seventeen years of practicing law, I have never seen a cruise line respond to a passenger’s complaint by saying “yes, we are responsible - sorry, here is your check.” Cruise lines are not in the business of giving away their money. You have to be prepared to fight for what you are entitled.   

What is the most important thing for a passenger to remember if they intend to seek compensation from a cruise line?  

Don’t forget the one year limitations period! Many cruise lines correspond, quite pleasantly, back and forth with passengers regarding their claims. They invite the passenger to submit medical reports. A month or two later, they request other documents, implying that additional information is necessary to evaluate the claim. The cruise lines never mention the one year limitations period, but they know that the clock is ticking away on the passenger’s rights. On the 365th day, when the limitations period has expired, they notify the passenger that the claim is barred. I cannot tell you how many times passengers contact us after the one year period has expired. The ball game is over! There is very little we can do at this point.

Could you explain what steps you take to negotiate a resolution between a passenger and a cruise line?

If we believe that the cruise line is at fault, our approach is always to send correspondence to the cruise line’s risk management department and attempt to establish a dialog.  

Cruise lawyerMany lawyers by-pass the negotiation stage and file suit immediately. This is not always in a passenger’s best interest. The passenger usually lives in a distant state or in Canada or Europe. All cruise lines require that the lawsuit must be filed in a certain city, such as Miami. The passengers will therefore have to travel to Miami to appear for a deposition and for trial. Over 90% of our clients live outside of Florida, and over 30% live abroad. It is expensive to travel to and from Miami, and these expenses usually cannot be recovered from the cruise line even if they are found responsible.     

We therefore try to make a good faith effort to present our client’s case efficiently, and to submit the medical documentation necessary for the cruise lines to make a reasonable offer without the necessity of a lawsuit. Certain cruise lines offer fair compensation in meritorious cases. Other companies play “hard ball” on every claim. They will not offer anything until the lawsuit is filed and the trial date is approaching.

When all else fails and a lawsuit is the last resort, how long can a passenger expect the process to take?

It depends from jurisdiction to jurisdiction. In Florida, it can take a year to two years before the case is tried. Then there is the potential for another year if an appeal is taken. Patience is a desirable trait to develop.

Is there anything you’d like to add?

We hope that your readers have a safe and enjoyable cruise. 

 

Photo Credits 

Linda Coffman   Ms. Linda Coffman

Sun Vista cruise ship      Sun Vista "Were You There?" website

 

Another Child Porn Bust, This Time on Royal Caribbean's Monarch of the Seas

Child Porn Royal Caribbean Monarch of the SeasThe Orlando Sentinel reported this afternoon that Federal authorities arrested an Idaho man who took a cruise from Port Canaveral earlier this month with more than 1,000 images of child pornography on a laptop he took on the cruise ship.

According to a complaint filed in Orlando federal court, authorities were inspecting cruise passengers onboard Royal Caribbean's Monarch of the Seas cruise ship on December 10, 2012, when they discovered that the laptop computer of cruise passenger Gary Lee Reed, of Blackfoot Idaho, had around 1,162 images and videos depicting child pornography. 

The images included sexual abuse of toddlers and babies.  Reed reportedly admitted that he has viewed child pornography for many years. He was arrested and subsequently indicted by an Orlando federal grand jury on a child pornography charge. (Anyone have a link to his mugshot?)

Cases like this may be surprising to some families who like to cruise but the arrest of cruise passengers and crew members is not uncommon. Consider the following arrests which we have blogged about here on Cruise Law News for just the last three years:

Cruise Child Porn Paul Trotter Paul Trotter, age 34, is the most prolific cruise child porn king known to the public so far. He worked for Cunard for seven years as a child supervisor aboard the Queen Mary 2, Queen Victoria and Queen Elizabeth. He would take the children to areas not covered by surveillance cameras and physically and sexually abuse them. A real sicko, he would film himself sexually molesting the children to watch later. This was ultimately what got him caught. Someone tipped the police off in the U.K. where he lived. A police search of his computer revealed not only child pornography but his own videos of his crimes against the kids he was entrusted with on cruises. One newspaper reported that he supervised the "play zone" on 295 cruises over his seven years with Cunard. He admitted to abusing thirteen child probably because he was caught with images of 13 victims, is my suspicion. 295 cruises and several thousand children. A play zone of his own with no one supervising him while he abused the customer's kids. A pedophile's dream. How many more victims are there?  

Edward Brillantes Mangubat, age 40, is another pedophile who worked for Cunard. He was arrested in Halifax when Canadian Border officer searched his laptop computer and found sexually explicit video featuring children. Mangubat worked as a stagehand on Cunard's cruise ship Queen Mary 2. He worked on cruise ships for seven years.

Did he know Trotter and exchange porno tapes? Border agents went to Mangubat’s cabin and discovered that his laptop contained several videos showing “what can only be described as sexual assault of children,” including children under 12.” He pleaded guilty and was sentenced to 120 days in jail.

Amado Nicholas Hernandez, age 31, (left) is a pedophile who was employed by Celebrity Cruises as an Child Porn Celebrity Cruise Ship audiovisual manager and provided onboard guest-entertainment services aboard the Constellation cruise ship.

Hernandez was arrested after police determined that his computer contained 450 photographs and about 250 video files of child pornography portraying a total of 44 different victims. The criminal complaint filed against Hernandez alleged that upcoming cruises included several stops in Mexico.

Hernandez, in documented online chats, reportedly had bragged that he had bought young boys for sex in Mexico and “almost offed one,” the criminal complaint alleges.

Nyoman Putra, age 26, an Indonesian working as an assistant room steward on the Carnival Glory, allegedly had child pornography on a laptop computer. Canada Border Services Agency officers were inspecting crew members getting off the cruise ship when they nabbed the Carnival crew member at Pier 22 in Halifax.

Canada's border agents do a good job catching crew members who try and enter the country with child Cruise Ship Pornpornography.  Putra was an assistant cabin attendant. It should concern any parent who cruises with their children to think of pedophile cabin attendants coming into the stateroom.

Jay-Ar Ramos Trilles, age 23, of the Philippines pleaded guilty in Halifax provincial court to charges of possessing and importing child pornography. Canada Border Services Agency officer arrested an assistant waiter on the Costa Atlantica on Tuesday as he was getting off the cruise ship at Pier 22 in Halifax. Two sexually explicit videos of children were found on both a USB flash drive and a laptop computer. One of the videos depicted a boy and a girl between the ages of 10 and 12, while the other showed a six-year-old girl being sexually abused by a man. The prosecutor in Canada stated that the border agency is determined to keep such "abhorrent" material from being brought into the country. Trilles worked with Costa Cruises for three years.

Menandro Lim Lanzar, age 31, from the Philippines was arraigned in Halifax on a charge of importing child pornography. Mr. Lanzar was employed as a quarter master on the NCL cruise ship Norwegian Jewel.

Hendri Dharmawan, age 29, was working as a pastry chef on the Carnival Triumph when he was arrested in Halifax.  The crew member was caught with pornography on his iPhone as he returned to the Carnival cruise ship. The border police then accompanied him back to his cabin where they discovered over two hours of child pornography on Dharmawan's laptop and external hard drive. The footage depicted girls as young as eight and boys as young as 10 being abused.

Cruise Ship Porn PassengerTimothy David Webb, age 32, (left) was arrested after he disembarked Royal Caribbean's cruise ship Grandeur of the Seas as a passenger at the Norfolk cruise ship terminal. Webb is a convicted sex offender and has a prior conviction sodomy in the state of Virginia. The customs agents pulled Webb from a line of passengers disembarking the cruise ship and searched his laptop, which contained child pornography videos. 

Senad Djedovic, (right) from Bosnia and Herzegovina, was arrested earlier this year after he boasted about engaging in sexual relations with a 16 year old girl who sailed on NCL's Norwegian Star cruise ship with her parents. After the cruise ended, Djedovic exchanged emails with the underage girl and received a number of sexually explicit photographs. Other crew members on the NCL cruise ship observed the photos and learned the girl's age and reported Djedovic to NCL which contacted the FBI. A search of Djedovic's computers revealed child pornography. Under a sub-folder entitled "scandals" there were several videos depicting sexual acts with 12 to 15 year old girls. NCL employed Cruise Ship Porn - NCLDjedovic from 2005 to March 2012 aboard a number of different cruise ships.

After Djedovic was arrested, a number of crew members and friends came to his defense arguing that he should be acquitted because sex with a 16 year old is not a big deal and this kind of conduct is not illegal in most countries. Djedovic was sentenced to 8 years in prison.

These type of stories should serve as a wake up to parents who take their children on cruises. Yes, there are sexual deviants and predators on cruise ships. A cruise ship presents the same dangers as your home town.

The stories above mostly involve child porn, not sexual assault. We have discussed all types of cases on this blog about men abusing children, such as a Carnival waiter raping a 14 year old girl, to a youth counselor abusing at least 13 boys on Cunard cruise ship, to a 71 year old man from the Pittsburg area traveling down to Miami to molest a 6 year old boy on a Royal Caribbean ship

Our advice? Parents watch your kids. Yes, the U.S. federal agents and Canadian authorities will occasionally nab a child porno sicko with images on his iPhone or laptop but that's probably a fraction of the child porn coming on and off cruise ships. With 16,000,000 people sailing each year there are many thousands of sick perverts out there on the high seas. 

Toddler Falls From Balcony on Royal Caribbean's Monarch of the Seas

A cruise leaving yesterday from Port Canaveral Florida quickly turned into a nightmare when a family's one-year-old child fell from a balcony to the balcony below.

According to WFTV, the incident occurred on the Royal Caribbean Monarch of the Seas which left yesterday afternoon from Port Canaveral around 4:30 PM. 

The news station states that a one-year-old child crawled through an 11th floor railing and fell to a balcony one floor below. Other news stations do not refer to a fall from a "balcony" but a fall from one deck to the deck below.

The cruise ship turned around and headed back to port. The child was airlifted to Arnold Palmer Hospital for Children in Orlando, some say at 6:30 PM and others say at 7:30 PM.

There are many images of stateroom balconies of this cruise ship on line. Some of the images show vertical railings and well as a horizontal railing at the bottom of stateroom balconies. But my understanding is that deck 11 contains the pools and sports deck and does not contain staterooms. Anyone with information about the railings on deck 11 or how this could occur, please leave a comment below. 

Royal Caribbean issued a statement:

"On Friday, December 21, a 14 month old guest from India traveling on Monarch of the Seas was Monarch of the Seas Cruise Shipinjured in a fall. The guest was initially treated in our medical facility, but required additional and urgent medical attention that could only be provided in a hospital. Therefore, the ship turned around and returned to Port Canaveral, Florida, where we could debark the guest and their family so that the guest could receive urgent medical care.

Our Care Team is providing support and assistance to the guest’s family. Our thoughts are with their family, and we will continue to do our very best to assist them.

Monarch of the Seas is sailing a three-night itinerary that will call to CocoCay and Nassau, Bahamas."

December 26, 2012 Update: a passengers on the cruise left a comment below, stating that the toddler fell from deck 12 down to deck 11 (the pool deck, photo above).

Royal Caribbean Cruise Ship Passenger Dies on Snorkeling Excursion in Dominica

Vision of the Seas Several newspapers are reporting that a cruise ship passenger died during a snorkeling excursion while visiting the Caribbean island of Dominica.

The incident involves a cruise passenger from Royal Caribbean's Vision of the Seas cruise ship. The local police say that  Jim Caves of Riverside, California, was aboard Royal Caribbean's Vision of the Seas cruise ship, which docked today in Dominica. The news accounts suggest that Mr. Caves complained about feeling sick while snorkeling at a nearby beach with his wife and other family members. He was later pronounced dead.  There is not explanation offered regarding exactly what happened. 

It is currently unknown whether the excursion was booked independently or through the cruise line.

Snorkeling deaths in the Caribbean during cruises are not uncommon.  You can read about recent cases in our articles here and here.  

December 20. 2012 Update: Cruise Critic states that the passenger was on the "Champagne Snorkeling" ship-sponsored excursion, Cynthia Martinez, director of global corporate communications for Royal Caribbean Cruises Limited, told Cruise Critic, "when he began to experience breathing difficulties while snorkeling. He was transported to a local area hospital where sadly he passed away."

Assault With Knife Lands Royal Caribbean Crew Member in Jail

A Royal Caribbean galley worker who attacked a supervisor in May of this year on a Royal Caribbean cruise ship was sentenced to one year and one day in federal prison.

U.S. District Judge William Martini sentenced Donny Martin Crisanto, age 31, of Nicaragua, during a court appearance in Newark, New Jersey. 

Cristano had previously pleaded guilty to assaulting the supervisor on May 4 while working in the galley of Royal Caribbean's Explorer of the Seas cruise ship which sails out of Bayonne, N.J. to Bermuda and the Bahamas. 

Donny Crisanto - Royal Caribbean Crew MemberThe U.S. Attorney's Office released the following statement:

A Nicaraguan national who admitted to stabbing his supervisor aboard a cruise ship in international waters was sentenced today to 12 months and one day in federal prison, U.S. Attorney Paul J. Fishman announced.

Donny Martin Crisanto, 31, previously pleaded guilty before U.S. District Judge William J. Martini to an Information charging him with knowingly and intentionally assaulting another with a dangerous weapon, with intent to do bodily harm, within the special maritime and territorial jurisdiction of the United States. Judge Martini imposed the sentence today in Newark federal court.

According to documents filed in this case and statements in court:

On May 4, 2012, Crisanto was working as a galley utility employee aboard the Royal Caribbean International, Explorer of the Seas cruise ship, which was operating within the special maritime and territorial jurisdiction of the United States. Crisanto was inside the ship kitchen, when he assaulted his supervisor, identified only by the initials “M.S.,” the head kitchen steward, with a dangerous weapon. After an earlier work dispute Crisanto approached M.S. from behind and, not acting in self-defense, Crisanto struck M.S. in the forehead and shoulder with a knife.

In addition to the prison term, Judge Martini sentenced Crisanto to one year of supervised release.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, in Newark, and Royal Caribbean, Explorer of the Seas ship security officers, with the investigation that resulted in the sentence. 

Royal Caribbean & NCL Base Cruise Ships in New Orleans

Cruise Ships - New OrleansLast month, two cruise ships from Miami-based cruise lines arrived in New Orleans. NCL's Norwegian Star, with capacity for around 2,300 passengers, transitioned to the "Big Easy" and relieved the Norwegian Spirit which had been home-ported there.  

Royal Caribbean moved the Navigator of the Seas, a larger ship with a capacity of around 3,100 passengers, into the port of New Orleans where its Voyager of the Seas had been based.  

The cruise ships are based at the renovated Julia Street Terminal.  Both ships will be positioned in New Orleans for six months. 

The Port of New Orleans set a port record for cruise ship passengers for a two day period on November 17th to 18th when a total of almost 25,000 passengers arrived or departed on cruise ships. According to the Port of New Orleans, in 2011 736,908 passengers passed through the port. New Orleans is considered to be a "top 10" U.S. cruise port with 1,000,000 passengers expected by the end of this year. 

I lived in New Orleans from 1980 to 1987 before coming to Miami. I have warm memories of my time there at law school at Tulane and as a young lawyer.  During those years, the cruise industry was much smaller and there were no cruise ships based in New Orleans.  Now there are ships operated by NCL, Royal Caribbean and Carnival.  

One of the benefits of cruising out of New Orleans is the pre-cruise and post-cruise overnight stays in downtown New Orleans and the French Quarter. You can't beat the great food, the bars and late night cafe' au lait and beignets at Cafe du Monde.

I think it's time for Cruise Law to open up a maritime law office back in New Orleans!    

 

Photo Credit; AP / Andy Newman

Cruise Law to Visit Jamaica in December

Jamaica No Problem RoomThe lawyers here at Cruise Law are traveling again to Jamaica. We will be visiting our clients to see how they are doing. We will also make ourselves available to meet with any crew members (or their family members) who need to learn about the legal rights of cruise ship employees if they become ill or injured on cruise ships. 

Our team will be traveling to Montego Bay on Tuesday December 11, 2012 and will be available from December 11th through December 13th for consultation.  

On Wednesday December 12th from 9:00 AM to 3:00 PM, we will be hosting a conference at the "Jamaica No Problem Room" in the beautiful Hibiscus Lodge in Ocho Rio. If you live in Ocho Rios or the Montego Bay area you of course know where that is. But if you don't, the address is 83 Main Street in Ocho Rios.

My partner Lisa O'Neill and co-counsel Jonathan Aronson will be will me.

The photo above was from our last visit to the famous "No Problem Room." We met a number of cruise ship employees from Jamaica whose problems we helped solve this year.

In the last two years, we have obtained over $3,000,000 (US $) in compensation and medical benefits for injured and ill Jamaican crew members. 

If the company has been unfair to you after you were injured on the cruise ship, or if you have medical problems like hypertension, diabetes. cancer or other illnesses which require treatment, please don't hesitate to contact us.

The flyer below has been posted on our facebook page.  We hope to see you in the "No Problem Room" in two weeks.   

Jamaican Crew Members - Miami Lawyers

Royal Caribbean's Dangerous FlowRider: Is the Cruise Line Drafting a New Liability Waiver?

One of the most dangerous activities you can participate in during a cruise is found only on Royal Caribbean's cruise ships. It's the "FlowRider," a simulated surfing and water-boarding activity where a thin stream of water shoots up a sloped platform to create a wave-like flow of water.

Wipe-outs are expected. But what is not expected are the serious, life-altering injuries and, sometimes, even death.

You can see one such serious accident in the video below, where a young man falls on his neck. 

A considerable number of cruise passengers have been seriously injured on the Flowrider, which Royal Caribbean helped design and install on five of its cruise ships: one FlowRider on each of the Freedom class cruise ships (Freedom of the Seas, Independence of the Seas and Liberty of the Seas) and two on each of the Oasis class ships (Allure of he Seas and Oasis of the Seas).    

You will read absolutely no warnings about the dangers of the FlowRider on Royal Caribbean's website. Nor will you see any warnings whatsoever posted around the FlowRiders on any of the cruise ships. Even after a passenger was killed when he fell while trying to surf, the cruise line decided not to warn cruise passengers that the activity is, well, deadly

The cruise line's approach to the problem has been to require all passengers who participate in the activity to sign an electronic liability waiver. The process of scrolling through the electronic keypad in a long line is so quick that it's clear that no one reads the waiver. Moreover, the waiver is legally invalid. Earlier this year, the Eleventh Circuit Court of appeal struck down the Royal Caribbean waiver finding that it violated federal law (46 U.S.C 30509) which prohibits contract provisions that attempt to absolve a shipping company from its own negligence.  

At the moment, Royal Caribbean has an illegal waiver, and still no warnings on-line or warnings posted around the FlowRider.   

So what is the cruise line thinking? 

Some people think that Royal Caribbean may be going back to the drawing board to try and draft a new waiver.     

In a recent message thread on the website of the popular on-line cruise community Cruise Critic, there is discussion that the cruise line is working on creating a new and improved liability waiver - apparently for the purpose of trying to navigate around the statutory prohibition found in 46 U.S.C. 30509.  

If that's true, the new waiver will be struck down too. It's too bad that the cruise line won't post warning signs on its website or on the seven FlowRiders on its cruise ships. There are lots of people who don't understand just how dangerous this activity is.

If Royal Caribbean is going to be the only cruise line promoting this dangerous activity, it needs to spend less time drafting illegal waivers and more time drafting effective warnings before the next unsuspecting passenger steps on a surf board and breaks his neck.     

 

Norovirus Continues to Plague Voyager of the Seas Cruise Ship in Australia

The Voyager of the Seas has returned to Australia today after a 18 night cruise.  Like the previous cruise, this cruise aboard the Voyager ended with the cruise ship arriving in port with what appears to be hundreds of cruise passengers infected with norovirus.

We are beginning to receive emails from passengers who were sickened during the cruise (see comments below) and observed "many incidences we saw of poor food handling and personal hygiene practices of both crew members and passengers."

A newspaper in Australia has an article about the problem facing passengers: "Gastro Outbreak Hits Norovirus - Voyager of the SeasVoyager of the Seas Passengers in Sydney Harbour." The article states that the boarding of the "mega liner Voyager of the Seas was thrown into chaos today following an outbreak of a gastrointestinal illness thought to be noro virus." The article mentions that, according to Royal Caribbean, around 135 passengers already aboard the ship were struck by the illness but disembarked in Sydney.

One passenger who contacted us said that around 150 cabins were quarantined which would suggest that Royal Caribbean may have underestimated the number of sick guests.  

According to the newspaper, the lines of passengers at the cruise terminal stretched hundred of meters as frustrated cruisers were left waiting for hours under the sun - many unaware of the cause of the delay. The passengers were required to complete detailed medical forms before they board, but quite frankly it should be the cruise line completing forms detailing the sickness of the cruise ship.  

A cruise line spokeswoman denied any connection between the long lines and the norovirus and blamed "thousands of passengers disregarding allocated staggered boarding times."

Royal Caribbean Norovirus - Voyager of the SeasMany passengers were upset that the cruise line kept them in the dark. Some others were handed at the port an "information sheet" in which Royal Caribbean said those ill had been limited to ''a small percentage of guests.''

What is missing from the newspaper article is the fact that there was a massive outbreak of norovirus on this cruise ship during the prior cruise. No newspapers in Australia reported on the disease outbreak and the cruise line kept mum too. You can read about the prior cruise and the problem with norovirus in our article: "Norovirus Outbreak on Royal Caribbean's Voyager of the Seas?"

One passenger, Steve, wrote to us displeased that Royal Caribbean had not disclosed that there was norovirus on the cruise ship when he boarded on February 5th: 

"In hindsight if we had been made fully aware through official channels that there was an outbreak on the ship, we would have probably gone home as the last thing I needed was to catch a bout of Norovirus. There needs to be a lot more honesty and openness in this industry, as too many people are vulnerable and gullible when it comes to trusting these big cruise companies who profess to have our best interests at heart. Never again RCCL!" 

If you were on the cruise, please leave us a comment about how the cruise line handled the situation, or leave us a comment on our facebook page.

Any New Zealanders on the cruise? There is a news reporter from New Zealand who would like to speak with you. Please email me at jim@cruiselaw.com and I will place you in contact with the reporter.

Anyone with photos, either of the "enhanced cleaning" or crew members wearing protective clothing, etc.? Send us your photos to jim@cruiselaw.com 

November 24, 2012 Update: New Zealand newspaper picks up the story: "Sickness Stalks Luxury Superliner"  As usual, no one in the media raises the issue of the cause of the outbreak. Contaminated food or water? Sick crew members? Or infected passengers coming aboard?  

 

Photo credit: 

Bill Hearne - top photos of Voyager of the Seas

Australia's Daily Telegraph - bottom photo of Royal Caribbean letter 

Fire Reported Aboard Royal Caribbean's Adventure of the Seas

Adventure of the Seas Cruise ShipA passenger aboard the Royal Caribbean Adventure of the Seas cruise ship states that an engine room fire broke out ten days ago.   

According to a comment on the Cruise Critic message board, the incident occurred on November 13th while the Adventure of the Seas was making the crossing across the Atlantic. A fire on board caused the cruise ship to lose power and electricity for about two minutes. Alarms sounded intermittently. Some passengers smelled or observed smoke. Later, some passengers were later told that a "power surge" caused an engine fire while others said the captain mentioned switching over to a second set of engines.

Apparently no one was injured and the ship continued on its way.

Other than this mention of the alleged incident on Cruise Critic, there are no other references to a fire on the Adventure of the Seas which I have located.

Although the incident sounds minor, there is nothing insignificant about even a small fire in an engine room of a large cruise ship with several thousands of passengers aboard in the middle of the ocean.

There have been over 80 cruise ship fires in the last two decades.  Read about some recent cruise ship fires here.

Anyone else have any information?. 

Pregnancy & Cruising: What To Expect If You Are Expecting

The Washington Post published an interesting article about what pregnant women should expect when they go on a cruise. Written by Christopher Elliott, the article is entitled "What to Expect if You're Expecting to Cruise.

Different cruise lines have different policies when it comes to when a pregnant woman is no longer welcome on a cruise ship. Some cruise lines prohibit women who are 24 weeks pregnant to cruise. The theory, I suppose, is that the risk of something going wrong with the pregnancy, such as premature birth, increases once the pregnancy enters her third trimester?

As Mr. Elliott points out, just two weeks a go a pregnant woman aboard a Disney cruise ship had to be Cruise Ship Pregnancy Policymedevaced after developing complications shortly after the ship left Galveston. You can watch the dramatic hoisting of the passenger up to the Coast Guard helicopter here.    

Of course neither cruise lines nor pregnant passengers want to have to summons the Coast Guard to conduct a rescue on the high seas late at night. Once the ship is a few hundred miles away from port, no helicopter will arrive to save the day.

So everyone seems to be on the same page that cruise pregnancy policies are a good idea.  But the problem is - what happens when a pregnant customer does not read the fine print buried in the cruise ticket and is a few days past the cruise line's deadline? What rights does the cruise consumer have in this situation?  

None, it seems.  The Washington Post article correctly points out that the terms of the ticket control. Unfortunately, the cruise line is likely to block a "too pregnant" passenger from boarding while keeping the passenger's cruise fare. No refund. No exceptions. No future credit.

That's a harsh approach, particularly because some people buy cruises up to a eight months to a year in advance. If a baby is conceived after the cruise is purchased, you'd think that the cruise lines would say congratulations and be reasonable. They're not.  Cruise lines seem to take advantage of the situation.   

Mr. Elliott writes that it is almost like the cruise lines want to make an example by barring pregnant women who don't comply with the policy as a motivation for the public to purchase travel insurance which, not coincidentally, is also sold by many of the cruise lines.

The newspaper quoted me, for what that's worth;  Here's my take:

"I don't think it's unreasonable for the cruise lines to adopt pregnancy policies, particularly given the limited nature of the medical facilities on cruise ships and the absence of doctors who are experienced in obstetrics and gynecology," says James Walker . . . specializing in maritime law. "The problem arises when there is a good-faith misunderstanding by the pregnant passenger, and the cruise line takes a rigid attitude and pockets the consumer's money."

 

Photo credit: SheKnows.com 

Royal Caribbean Cruise Passengers Killed During Dune Buggy Excursion in Mexico

A number of newspapers including the Orlando Sentinel are reporting on the death of a young couple who cruised to Cozumel and died during a dune buggy accident last Saturday.  

Jim Melillo and Susan Borges sailed from Fort Lauderdale to Mexico aboard Royal Caribbean's Liberty of the Seas and signed up for a dune buggy excursion with a number of their friends. They were killed when the dune buggy in which they were riding (driven by another cruise passenger) apparently lost control and struck a metal guardrail. 

The Orlando Sentinel quotes the group members commenting that the dune buggies had poor safety conditions and many of the buggies did not even have seat belts. A Mexican newspaper identifies the dune buggy rental company as "Paraíso" car rental. The dune buggy excursion was not sold through the cruise line.

Even if the excursion were sponsored by Royal Caribbean, there is case law indicating that the cruise line may not be liable in a case like this. In John Morrell & Co. v. Royal Caribbean Cruises, Ltd., 534 F. Supp. 2d 1345, 2008 AMC 936 (S.D. Fla. 2008), a company paid for twelve of its employees to go on a cruise on a Royal Caribbean cruise ship. When the ship was in Cozumel, Mexico, several employees went on a dune buggy expedition that Royal Caribbean made available, but was owned and operated by a Cozumel company. A dune buggy was involved in an accident which caused it to swerve and flip, causing serious injuries to one of the employees resulting in $170,000 in medical benefits and disability benefits.

The court found that Royal Caribbean was not liable for the accident. The cruise ship did not supervise the operation and had no duty to warn passengers of possible dangers in such a trip, as the dangers are obvious the court held. 

 

The couples's family and friends set up a facebook tribute page and a website, Jim and Susan Fund, where you can donate in their memory.  

Should I Send My Daughter on a Cruise?

Sexual Abuse of Children - Disney Cruise ShipOne of the web sites which I read from time to time is "TravelTruth." It is a site which describes itself as a "collaborative effort designed to offer the vacation consumer real world advice without exaggeration, deception, or sales bias. It is the ultimate insider’s view of how things really work, written by an award-winning team of travel consultants and journalists."  

TravelTruth recently addressed the issue raised by a mother who asked whether she should let her daughter vacation on a cruise ship in the Caribbean next spring.  The article is entitled "Bottom Line: Should My Daughter Do This Trip?"The article explains some of the dangers which we touch upon in this blog, namely the absence of independent police authorities on cruise ships, and the risk of sexual assault both on the ships and especially ashore in Mexico and the Caribbean islands.

If you are a parent thinking of taking your daughter (or son) aboard a cruise ship, consider reading the articles about the cruise lines below:

Sexual Assault of Children - Royal CaribbeanCarnival, Celebrity, Cunard, Disney, NCL, Oceania, Princess, and Royal Caribbean  

One of our goals at Cruise Law News is public awareness. Thus, the motto of our blog "everything the cruise lines don't want you to know."  The TravelTruth site also provided a link to our blog for parents to read if they are considering taking their daughters on a cruise.  

Our goal is not to scare the public from cruising, but to educate the public that its not safe to let your guard down aboard cruise ships while cruising with your children.  

Photos:

Top: Disney cruise passenger Lucas George Wickes indicted for felony sexual abuse and aggravated sexual abuse of minor aboard Disney Wonder.

Bottom: Royal Caribbean crew member Fabian Palmer indicted for felony sexual abuse of minor aboard Adventure of the Seas.

88 Year Old Passenger Medevaced From Voyager of the Seas

Royal Caribbean Medevac - Voyager of the Seas Cruise ShipThere is a nice article in the West Australia newspaper about a elderly cruise passenger who had the misfortune of falling on a cruise ship.    

The article, entitled Love is in the Air Amid Rescue, explains that 88 year-old passenger Ms. Eileen Ewins was traveling with her husband, George Ewins, on Royal Caribbean's Voyager of the Seas as the ship re-positioned to Australia for the next 6 months. She fell as she was exiting her cabin and broke her hip. The ship doctor determined that Ms. Ewins needed to be treated on an emergency basis ashore. 

The accident happened on day 12 of the 14 day cruise.

The Australian Maritime Safety Authority contacted an offshore helicopter company, the Bristow Group, which sent a helicopter and team of five staff members to fly to cruise ship off of western Australia. 

The helicopter winched both 88 year-old Ms. Ewins as well as her 89 year old husband up and flew them to the Royal Perth Hospital.

"We do everything together," Mr. Perth told the newspaper. 

This is the fourth medevac of an ill passenger from a cruise ship in the last week, including another elderly passenger medevaced from a cruise ship off of the western coast of Australia.

Norovirus Outbreak on Royal Caribbean's Voyager of the Seas?

A number of people have contacted us, including one passenger "Nancy" from Australia, complaining about a recent, major norovirus outbreak on the Voyager of the Seas.  She writes:

"The Voyager of Seas has relocated to Asia Pacific region husband and I sailed on the relocation cruise from Singapore 22nd Oct 2012 to Fremantle Australia. There was Norovirus outbreak around 800 passengers affected undetermined number with chest infection, one Norovirus victim airlifted . . . The ships doctor was swamped with sick passengers couldn't cope turned people away untreated. Cabins were sanitized once during the 14 night cruise and measures taken to fight the infection cabins sanitized as we left the ship ,very hard to fight when there are 3000+ people in one place." 

Voyager of the Seas Cruise Ship Norovirus Outbreak Nancy also commented on the absence of any mention of the disease outbreak: "The outbreak didn't rate a mention on TV or news papers ($$ damaging to tourist trade)." (The image of the Voyager of the Seas to the left was from an earlier norovirus outbreak when the ship was sailing out of New Orleans in February). 

Another person commented:  "My Mother just went on the Singapore to Perth cruise & many people were quarantined . My Mother got sick the last few days of cruise & is still recovering, vomiting diarrhea etc. . . Virus of the Sea Ship . . ."    

Passenger Nancy appeared sympathetic to the cruise line and thought the outbreak may have been due to the failure of the passengers to wash their hands.

Like most outbreaks, it does not appear that any effort will be made to establish the real cause of the outbreak (i.e., a sick passenger brought the virus aboard, or food and water were contaminated, or a sick crew member spread the virus).

The last norovirus reported to the U.S. Centers for Disease Control (CDC) involving the Voyager of the Seas was earlier this year on a January 28 to February 4, 2012 sailing

Royal Caribbean and sister cruise line Celebrity have experienced recent problems with norovirus outbreaks - the Celebrity Constellation sailing out of Southampton reportedly had 350 passengers stricken with norovirus last week, and the Rhapsody of the Seas was quarantined last month while in port in Fiji due to the port's concern that sick cruise passengers may infect the local community.  The U.S. media typically does not mention these type of outbreaks. 

Neither of these latest outbreaks were reported to the CDC because the ships did not call on a U.S. port. 

Can anyone else on the cruise verify the outbreak and comment on how the cruise line handled it?  

Please leave a comment below or follow the discussion on our facebook page about the outbreak.

November 23, 2012 Update: Norovirus Continues to Sicken Cruise Passenger on Latest Cruise

"Most Wanted" for Cruise Ship Pollution: Royal Caribbean Chief Engineer Michael Psomadakis - But Is He Really The Only Culprit?

Do you know this former Royal Caribbean crew member?

He's on the U.S. Environmental Protection Agency (EPA)'s "Most Wanted" List. Here's the story:

In 1993, Michael Evangelos Psomadakis was the chief engineer aboard RCCL's Nordic Empress cruise ship which routinely discharged oil into the water. But the Nordic Empress was no island to itself.  RCCL's fleet of ships was regularly dumping pollutants from Biscayne Bay here in Miami to the pristine waters in Alaska.

The pollution was right outside of the cruise executives' offices at the port of Miami all of the way to Royal Caribbean Cruise Ship Pollution Alaska and back.  I can't imagine the abuse of the waters in Europe, Africa, and South America.

There were many Psomadakis's throughout the RCCL fleet of cruise ships.  

Psomadakis - like his employer Royal Caribbean - lied to the Coast Guard about the pollution. A big mistake. This was no Bush administration with its let's-trust-the-big-corporations-and-look-the-other-way mentality. The U.S. justice system, under the leadership of environmentalist Janet Reno, investigated Royal Caribbean and discovered that many RCCL cruise ships were dumping oil & chemicals throughout their routes. A nasty business. Ms. Reno caught the Royal Caribbean bad boys under the corporate leadership of CEO Richard Fain, who claimed to know nothing, with their proverbial pants down.   

Attorney General Reno slammed the cruise line, calling the cruise line "flim-flam" artists. She oversaw the imposition of penalties totaling $27,000,000 for engaging in a "fleet wide conspiracy . . . to save millions of dollars by dumping oily waste into the ocean," according to the the New York Times.

The case was prosecuted here in U.S. courts even though the cruise line claimed that the U.S. had no authority because the company was registered in Liberia and the cruise ship flew a flag of convenience in Liberia (and Liberia had already dismissed the case of course).

Psomadakis escaped FBI agents at a Miami hotel "simply by walking out another exit," as reported by the New York Times. He got away from the FBI and made it back to back to Greece all by himself?

At the end of the day, Royal Caribbean admitted it was a corporate felon, no only for the illegal discharges but for systematically lying to the Coast Guard and Attorney General's office for years. The New York Times article covered the story

If you are interested in what the environment would be like without the U.S. government regulating a renegade Liberian-incorporated-corporation like Royal Caribbean, take a read of the New York Times article here.   

The problem was that Royal Caribbean didn't change it's ways. After the first two million-dollar-fines, Royal Caribbean continued to illegally discharge oil, waste and fecal matter everywhere.  The illegal discharges even increased, reflecting the arrogance of the Liberian holier-than-thou corporation. The cruise line responded with a bogus marketing campaign claiming that it was an environmental steward Royal Caribbean Save the Waves - Cruise Ship Pollution of the seas.  It adopted a PR campaign that it was "Saving the Waves" (see photo) by encouraging its employees (and guests) not to throw any garbage overboard.

But while the crew members wore their "Save the Waves" buttons above deck and served passengers cocktails, Royal Caribbean engineers below the decks fabricated secret by-pass values to dump everything from raw sewage to chemicals used in the photography labs directly into the ocean.  Do you really believe that the cruise executives didn't know?

Fifteen years later, CEO Fain and President Goldstein are still at the helm of the cruise line. Fall guy Psomadakis is on the lam. Yeah, an engineer from Greece is the real culprit behind the wide spread fleet-wide dumping and defiance of the U.S government. 

The most recent news from this cruise lines?  Royal Caribbean will soon deliver us another ostentatious, Oasis-class, bunker-fuel burning, polluting, gigantic cruise ship, ordered by the least environmentally friendly, flim-flam cruise line in the industry.    

Independence of the Seas - a Dirty Cruise Ship? Sick Passengers Sue Royal Caribbean for £500,000

The U.K.'s Daily Echo reports today that twenty-five ill cruise passengers (and their family members) who sailed aboard the Independence of the Seas filed a lawsuit against the Miami based cruise line, Royal Caribbean Cruises, claiming that the dirty ship conditions and unsanitary galley and food led them to become ill.

The newspaper states that in addition to the unsanitary shipboard conditions, the Royal Caribbean cruise ship had insufficient medical facilities and staff to deal with disease outbreaks during cruises.

The lawsuit is described in the newspaper article as including complaints of "flies in their bathrooms, a waiter blowing (his) nose on a napkin that was then placed on a table and an outbreak of illness Independence of the Seas - Norovirus so severe there were often ambulances waiting for passengers in the ports they visited."

There is no mention where the lawsuit was filed or the name of the passengers' lawyers, but it appears that the case was filed in England. The passengers are seeking £500,000 in compensation from the cruise line. The Independence of the Seas sailed from Southampton England.

The affected passengers sailed on five different cruises over the course of a seven month period from December 2010 through June 2011.  In the U.S. courts, cruise lines like Royal Caribbean have successfully enforced a one year limitations period.  There appears to be a longer limitations period in which to file suit in the U.K.

Royal Caribbean denied the allegations of under-cooked food and poor galley hygiene, stating that it delivered “extremely high” health standards for its guests. During the time period in question, "the ship, Independence of the Seas, sailed on 15 cruises, welcoming over 67,000 guests."

Although the cruise line is down-playing the allegations, the fact of the matter is that Royal Caribbean had a problem with norovirus on this cruise ship notwithstanding its attempts at "enhanced cleaning."  It should be pointed out that if the cruise line really carried some 67,000 passengers in this six month period, it collected well over £100,000,000 as well.    

The last norovirus outbreak we reported on which occurred on the Independence  of the Seas was in March 2012.

Independence of the Seas - Lawsuit - Unsanitary FoodThe cruise lines always blame the passengers for not washing their hands, but there is far more to the story than pointing the finger at the guests. According to the U.S. Food and Drug Administration (FDA), whereas "person to person" transmission of norovirus has been documented, "norwalk gastroenteritis is transmitted by the fecal-oral route via contaminated water and foods."

The FDA also indicates that contaminated water is one of the most likely causes of norovirus. The FDA reports that "water is the most common source of outbreaks and may include water from municipal supplies, well, recreational lakes, swimming pools, and water stored aboard cruise ships." 

Consider a couple of our articles regarding this subject: 

Cruise Ship Norovirus - Clean the Damn Toilets!

Cruise Ship Bathrooms, Norovirus and Medical Care

It will be interesting how this case turns out! 

 

Photo credits:

Drawing - Maxim Magazine

Independence of the Seas - Echo Daily

Norovirus Outbreak on Rhapsody of the Seas in Fiji - Cruise Ship Quarantined

Cruise Norovirus - Rhapsody of the SeasThe Fiji Broadcasting Corporation (FBC) reports that a Royal Caribbean cruise ship berthed at the Suva Wharf in Fiji was quarantined today by authorities following what is described as an outbreak of norovirus. The Health Ministry in Fiji reportedly confirmed 51 cases of the contagious virus on board the Rhapsody of the Seas which is carrying around 2300 passengers and 870 crew.

The FBC states that affected passengers have been isolated and no one is allowed to enter the quarantined area on the ship except the medical response team. 

The cruise ship will leave Fiji for Noumea, New Caledonia later tonight.

Because this outbreak occurred on a cruise ship which did not call on a U.S. port, it will not be reported to the Centers for Disease Control (CDC).

You can get norovirus from an infected person, contaminated food or water, or by touching contaminated surfaces.

The Rhapsody of the Seas experienced a norovirus outbreak the last week of August when 53 of 2,129 passengers (7.19%) experienced vomiting and diarrhea.

October 31, 2012 Update: Cruise ship under quarantine leaves Fiji.

Hurricane Sandy Causes Cruise Ships to Scatter

While some cruise ships have elected to hunker down in port and ride out Hurricane Sandy, other ships such as the Royal Caribbean Explorer of the Seas and Carnival's Miracle are out at sea trying to skirt the high seas and high winds. ABC News reports: 

 

 

Cruise Law Visits Royal Caribbean in Oregon

Royal Caribbean Cruises calling Center Springfield OregonFor the past week I have been visiting my sister in Oregon. She and her husband have a cottage on the McKenzie River outside of Vida, Oregon, some 30 miles to the east of Eugene. 

The cottage is an idyllic location, nestled under towering Evergreens, overlooking the roaring McKenzie River filled with salmon and trout. Compared to the Miami's bright skies and heat and humidity, Vida has seen cloudy skies, rain and cold nights which call for an extra log or two on my sister's fireplace.

Vida is a particularly great location to get away from Miami, and all of the hustle-and-bustle which comes from being the cruise-ship-capital-of-the-world. It's in a rural location connected to the outside world by a meandering river road traveled by log trucks hauling fallen hardwood trees to the paper mill in nearby Springfield.

Today, I took a 25 minute drive into Springfield with my sister to go to a Fed Ex facility. Nearby I noticed a nautical looking building with a mast-like structure and wave-like roof line which caught my attention. We drove over to the building and, to my surprise, there stood three words that suddenly Springfield Oregon - Royal Caribbean Cruises brought me back to Miami: "Royal Caribbean Cruises." 

The building appears to be designed to look like a cruise ship. We got out of the car and I look a few photos, one of the dramatic, cantilevered entrance (above) and one of my sister standing in front of cruise line sign (right). 

We went inside and I introduced myself. I learned that the building housed a calling center for the cruise line which handles reservations.

I took photos of the Royal Caribbean and Celebrity Cruises model ships and toured the lobby before we left to return to the cabin.

Is Royal Caribbean Working Its Crew Members to Death?

Two weeks ago a television program in the U.K., "Cruises Undercover: The Truth Below Deck," revealed the harsh working conditions aboard cruise ships operated by Royal Caribbean Cruises' subsidiary, Celebrity Cruises. The difficult working conditions and low pay are almost unimaginable by U.S. standards: 12 plus hour days, 7 days a week, 30 days a month with no days off over the course of 6 to 10 month contacts, for as little as $550 a month for non-tip earning ship employees.

The result of such a grueling schedule is exhausted and demoralized crew members who are often isolated from their families whose birthdays and anniversaries they miss on a regular basis.  

The mental health and emotional well being of crew members is not a topic that is discussed in the U.S.

Few Americans seem concerned with the working conditions on cruise ships faced by citizens of the greater world community.  Most U.S. citizens respond to the exploitation of crew members from India or Jamaica with the rationalization that whatever pittance the "foreign" crew members are receiving for Missing Royal Caribbean Crew Membersworking 90 hour weeks is more than the workers can receive back home. "If they don't like the work, they can quit" is the common wisdom. No doubt many crew members are easily replaceable considering that a country like India has hundreds of millions of people unemployed.

A week before the "Cruises Undercover" program aired, a Royal Caribbean crew member disappeared from the Serenade of the Seas as it sailed to Italy. The incident was briefly mentioned in the Italian press, as well as in newspapers in Croatia and Spain. We mentioned it in our article "Crew Member Goes Overboard From Royal Caribbean's Serenade of the Seas," but no major media outlets in the U.S. was interested in covering the story.

For a U.S. based cruise industry whose mantra is the "safety of our passengers and crew is our highest priority," there is little expression of such a sentiment when a crew member disappears at sea.

This weekend another Royal Caribbean crew member disappeared. While this is not uncommon as I will explain below, what is unusual is that the disappearance involved the the same Royal Caribbean cruise ship, the Serenade of the Seas. This incident was briefly mentioned in an Italian newspaper but, again, no one in the U.S, mentioned it.  We reported on it on Saturday - "Another Crew Member Goes Overboard From Royal Caribbean's Serenade of the Seas." Now two days later, no one else in the U.S. has reported on the story.

Yesterday, I posted a photograph of the Serenade of the Seas on our facebook page and asked "why are so many crew members going overboard from Royal Caribbean cruise ships? A number of former crew members commented and the consensus seems to be that cruise employees are working harder than ever for less money,  One crew member said that working on a ship is "like going on a marathon before preparing yourself for it." Several former Royal Caribbean crew members left their thoughts which are worth reading. 

The concern that I have is that there are so many crew members employed by Royal Caribbean who have gone overboard. Were these employees overwhelmed by work and felt hopeless away from their families? There is great stress placed on the cleaners, cabin attendants and waiters by their supervisors and department heads as Royal Caribbean struggles to stay profitable. Consider that in the three years I have written this blog, the following crew members have gone missing from Royal Caribbean / Celebrity cruise ships:

December 2009 - Majesty of the Seas - crew member jumped.

December 2009 - Monarch of the Seas - crew member jumped.

March 20102 - Radiance of the Seas - crew member jumped.

May 2010 - Explorer of the Seas - crew member jumped.

May 2010 - Oasis of the Seas - crew member disappeared.

March 2011 - Grandeur of the Seas - crew member disappeared.

March 2011 - Constellation - crew member disappeared.

May 2011 - Eclipse - crew member jumped.

December 2011 - Summit - crew member jumped.

January 2012 - Monarch of the Seas - crew member disappeared.

September 2012 - Serenade of the Seas - crew member disappeared.

October 2012 - Serenade of the Seas -crew member disappeared.

The official investigation into these types of incidents lies with the flag state.  But countries like the Bahamas will never go onto a Royal Caribbean ship to investigate a crew death or disappearance and will never, ever criticize the cruise line.

An independent and objective investigation is needed to determine why crew members are going overboard from Royal Caribbean ships. If the cases involve suicides, an inquiry is needed to determine whether the long hours and low pay are contributing causes. There is no question that the crew members need greater rest and greater pay. 

If I ran a large business and one dozen of my employees ended their lives or just "disappeared," I would launch an investigation and get to the bottom of the problem.

But cruise line executives think differently.  None of this puts money in the cruise line's pockets. The crew are viewed as cogs in the machine. When they break, they are easily replaced. 

 

If you have thoughts about this issue or have information about any of these cases, please leave a comment below, or join the discussion on our facebook page.  

Photograph: 24ORA.com

Allure of the Seas Crew Members Busted for Cocaine: Alleged Drug Smugglers Included Former and Present Royal Caribbean Cruise Employees

The Sun Sentinel newspaper in Fort Lauderdale reports that two Royal Caribbean arrested in Fort Lauderdale on Sunday as they were disembarking from the Allure of the Seas cruise ship.

The crew members, both age  25, were identified as Winston Hyman and Jimmel Thom (photo below). The cruise ship had returned to Port Everglades from a cruise to Labadee, Haiti, Jamaica and Mexico.

A sniffer dog alerted to a backpack the men had been carrying. More than one kilo of cocaine was discovered inside.

Jimmel Thom - Allure of the SeasOne of the men stated that they were handed backpack from a man in Falmouth, Jamaica.  This man reportedly had previously worked aboard the Allure of the Seas.  One of the crew members, Thom, had worked with this former crew member to smuggle narcotics on and off the Allure before.  He was reportedly paid $2,000 upfront and was then to receive $1,000 once he delivered the cocaine in Fort Lauderdale. 

We have reported on drug smuggling on Royal Caribbean cruise ships before. It's hardly a rare event; you can read the accounts of crew member drug smuggling below:

Another Royal Caribbean Crew Member Busted for Drug Smuggling (Explorer of the Seas)

Million Dollar Drug Bust on Royal Caribbean Cruise Ship in Montego Bay (Grandeur of the Seas)

Three Crew Drug Arrests (Enchantment of the Seas)

High Times on the High Seas - Cruise Industry Struggles with "Reefer Madness (Royal Caribbean crew members smuggling drugs into Bermuda)

The Allure of the Seas was also the cruise ships where a travel agent was arrested for dealing large amounts of drugs during a cruise. He was caught with 142 ecstasy pills, 3 grams of methamphetamine, ketamine and $51,000 cash. 

 

Photo credit: Broward County Sheriff's Office via Sun Sentinel

Another Crew Member Goes Overboard From Royal Caribbean's Serenade of the Seas

A newspaper in Italy is reporting that a Royal Caribbean crew member disappeared from the Serenade of the Seas earlier this morning.

The Adnkronos newspaper in Rome reports that the Serenade of the Seas was sailing from Mykonos. Upon arrival at the next port around 7:00 AM this morning, it was discovered that a cabin steward was missing. (Another news account says he was a cleaner).  The newspaper mentions that the last CCTV image of the crew member on the cruise ship was around 1:00 AM and shows the employee walking through a door.  There apparently are no images of the crew member going overboard.  The crew member is reportedly from the Philippines. 

The newspaper states that a search was conducted by five Coast Guard patrol boats and two aircraft.

Royal Caribbean Serenade of the SeasThis is the third person to go overboard from a Royal Caribbean cruise ship in the last three weeks.

On September 20th we reported on another crew member who went overboard from this same cruise ship, the Serenade of the Seas, as it was sailing to Italy. You can read our article here

On September 17th a passenger disappeared from the Allure of the Seas shortly after it sailed from South Florida.

In addition to these three Royal Caribbean overboard cases, on September 29th a passenger went overboard from the P & O Aurora cruise ship.

On October 9th we reported on a Holland America Line passenger who disappeared during a cruise on board the HAL Veendam. 

Five passengers missing from cruise ships in the last month. Unfortunately there is no news coverage of cruise ship overboard cases unless the person is a U.S. passenger.  The U.S. press has virtually no interest if a "foreign" crew member goes overboard. Royal Caribbean will not make a statement unless a major media outlet makes an inquiry.  

If you have information about this latest overboard please leave a comment below, or join the discussion on our facebook page.

Falmouth Jamaica: Victim of the Royal Caribbean System

The AP published an article today regarding the plight of Falmouth. The world's biggest cruise ships are sucking most of the money out of the Jamaican port and leaving little behind except crushed expectations of the local community.

"World's Biggest Cruise Ships Drop Anchor in Caribbean, But Ship-to-Shore Feud Brews Over Cash" takes a look at Royal Caribbean's "development" of this historic port where it promised that if Jamaica spent a couple hundred million dollars building a deep water port for its monstrous ships the Oasis of the Seas and the Allure of the Seas, the mostly U.S. passengers would each spend would over $100 ashore and infuse the local Jamaican economy.

Jamaica lived up to its end of the bargain, at consideration damage to the mangroves and coral reefsAllure of the Seas - Royal Caribbean - Falmouth Jamaica  around Falmouth. But the residents of Falmouth are seeing little money in return.  The AP article quotes a local businessman saying: "We were promised that we'd be able to show people our Jamaican heritage, sell our crafts. But most of the tourists stay far away from the local people . . . we're on the losing end."

I have been to Falmouth and feared that it would be another Royal Caribbean project that benefited the cruise line and exploited the local community.  Three years ago I wrote an article critical of what I believed would be another Royal Caribbean scheme (like Labadee Haiti) to suck money from another Caribbean island and sail the loot back to the cruise line's coffers in Miami - "Historic Port of Falmouth - Jamaica's "Crapital" for the Oasis of the Seas."   

I followed this article up with "Will Royal Caribbean Ever Live Up to Its Promises to Falmouth Jamaica?" Unfortunately, the people of Jamaica have a history of being exploited by foreign plantation owners, sugar barons, slave owners, and bauxite-mining companies.  Royal Caribbean is the latest robber baron to appear as the country's professed savior. But like other false prophets, it will do no better for Falmouth than those in the past who have taken greatly and given little in return to this beautiful island.

The AP article says that the people in Falmouth are "growing angry" and predicts that things will only get worse, quoting a local vendor: 

"The pot is starting to boil and, trust me, it will boil over if things don't change around here . . . why can't we, the people who actually live here, make a living off the cruise ships, too?"

The answer lies in history of the non-sustainable cruise industry.  Poor Caribbean countries like Jamaica are beholden to selfish billion dollar U.S. based cruise corporations.  In the end game, the local Jamaicans are victims of the exploitative cruise line system.    

 

 

Video credit: "Victims of The System" - Rootz Underground

Read our other articles about Falmouth:

Historic Port of Falmouth - Jamaica's "Crapital" for the Oasis of the Seas

Will Royal Caribbean Ever Live Up to Its Promises to Falmouth Jamaica?

Royal Caribbean's New Port in Falmouth, Jamaica - At What Cost to the Environment?

Will Jamaica's Cruise Ship Woes Be Solved By A Margaritaville?

Cruise Law Visits Montego Bay Jamaica

NCL Conducts Undercover Investigation on Itself - Will Royal Caribbean Do the Same?

Kevin Sheehan - NCL - Undercover BossRoyal Caribbean and its subsidiary, Celebrity Cruise, have been in a state of panic lately frantically trying to fend off bad publicity surrounding an expose' on crew member hours, wages and working conditions on the Eclipse which aired in the U.K.

The British television station sent two "undercover" reporters on to the cruise ship, one as a passenger and the other as an assistant waiter. They painted a grim image of work on the Celebrity cruise ship: long hours, grueling conditions and low pay.  

Royal Caribbean and Celebrity rallied their friends in the travel community to try and refute the harsh image of "ship life" which crew members face as portrayed by Channel 4 Dispatches program "Undercover Cruises - the Truth Below the Deck." At the end of the day, all the cruise lines accomplished was to bring more attention to the exploitation of crew members and to create the image that they had something to hide. 

But not all cruise lines have this type of knee-jerk reaction to undercover reporters.

An article today in Travel Weekly reveals that at least one cruise CEO would rather see first-hand what the crew members really face, rather than claim that there is a conspiracy every time a reporter goes undercover with a video camera.

Travel Weekly's article "Big Interview: Cruise Boss Kevin Sheehan Learns From Fife on Deck," states that Norwegian Cruise Lines' President Kevin Sheehan went undercover himself to experience first hand the working conditions which his ship employees face. He was filmed as part of the TV program "Undercover Boss." The article explains that the NCL cruise CEO spent one day as a deckhand, another Kevin Sheehan - NCL - Undercover Bossday cleaning cabins and toilets, and a day working in the galley.

I was impressed with this comment he made to Travel Weekly: 

“We made a lot of changes. For example, there was an ice skating rink at the top of Norwegian Epic that had to be set up every evening. There were hundreds of pieces, each weighing 70 lbs, and women crew members doing it. It was back-breaking work and a disaster in my view. We discontinued it.”

Not many cruise line presidents have the transparency to admit something like this.  

Much of the work on Royal Caribbean and Celebrity cruise ships is truly "back-breaking." But you will never see the CEO's from these cruise line admit it or do anything about it. They are too busy sitting in their executive offices protesting that undercover reporters are biased.   

Video: Royal Caribbean Delayed Reporting Overboard Passenger

A'riel Marion - Overboard Cruise Passenger - Allure of the SeasLocal NBC 6 reports that Royal Caribbean delayed reporting the disappearance of Allure of the Seas cruise passenger, A'riel Marion, for two hours, even though another passenger on a lower balcony was literally hit on the arm as Ms. Marion fell to the water.

Based on the official report from the United States Coast Guard, the cruise line did not report the incident to the Coast Guard until 11:30 PM even though a passenger immediately reported the overboard to the ship around 9:27 PM.

Royal Caribbean's initial press release falsely claimed that the cruise line "immediately" reported the overboard. 

Our articles about this case are here:

Passenger Missing From The Allure of the Seas Cruise Ship

Why Didn't Royal Caribbean Immediately Notify the Coast Guard that a Passenger Went Overboard from Allure of the Seas? 

Delay, Deny, Deceive & Defend: Royal Caribbean Shows How Not to Respond to an Overboard Passenger  

 

View more videos at: http://nbcmiami.com.

Case Study: Royal Caribbean Cruises Ltd. - Avoiding U.S. Taxes, Labor Laws, Environmental Regulations & Criminal Accountability

Royal Caribbean Cruises - A Liberian CoporationToday I read an interesting case analysis from the Journal of Business Case Studies (May/June 2012), which studied the business model of the second largest cruise company in the world, Royal Caribbean Cruises, Ltd.   

The article is entitled "Royal Caribbean Cruises Ltd.: Innovation At A Cost?" (click on the pdf link)

The article focuses on Royal Caribbean Cruises Ltd. which was formed in 1997 when Royal Caribbean Cruise Line (founded in 1968) and Celebrity Cruises (founded in 1988) merged together. 

The article explains that the foundation of Royal Caribbean is the avoidance of U.S. taxes and regulation. It accomplishes this by:

  • Incorporating in a foreign country (Liberia, Africa), and
  • Registering its cruise ships in weak, poor and disorganized foreign countries (mostly Liberia and the Bahamas).  

By registering its corporation and ship overseas, it avoids U.S. taxes, labor and environmental laws, and criminal culpability.  U.S. executives are offered millions in bonuses while the cruise line itself pays no U.S. taxes, which is the key to its profitability. The Journal writes that Miami based cruise lines, like Royal Caribbean:

" . . .  take advantage of maritime laws to avoid paying U.S. taxes, gain immunity from American labor laws, avoid U.S. courts in workplace disputes, and fend off new environmental regulations, government records and industry reports show. They have done this by incorporating in Central America and Africa and registering their ships under the flags of foreign nations . . ." 

Although this theoretically gives tiny countries regulatory power over one of some of Florida's Flag of Convenience - Royal Caribbean Cruiseslargest corporations, the flag states " . . . are not only reluctant to discipline major contributors to their economies, but also do not have the resources to enforce regulations or even punish polluters."

Flying flags of convenience has historically been used to conceal criminal activities, and is now "used primarily for economic reasons and sanctuary from restrictive regulatory environments."

Tonight in England a documentary will air about the exploitation of crew members on the Eclipse cruise ship which is operated by Royal Caribbean's sister company, Celebrity Cruises, out of Southampton England.  Crew members work 12 hours a day (sometimes more), every day, every week for the length of their 6 - 8 month contracts with no time off. When injured, the crew members  are often dumped back in their home countries and paid only $12 a day and denied competent medical treatment.

You can trace the root cause of this abuse back to the earliest days of Royal Caribbean in the late 1960's when the cruise line decided to skirt U.S. laws by incorporating in the lawless country of Liberia.       

 

Don't miss:

"Celebrity Cruises Crew Member Controversy Brewing in Britain"

"Profits Over People: Carnival's Exploitation of Crew Members is Standard Industry Practice"

"Royal Caribbean Executives Get Richer While Crew Members Get Poorer"

 

Credit: Flags of convenience article - "Flags at Sea . . . "

"Lord Keep Us Safe On This Gigantic Cruise Ship"

Allure of the SeasA news station in Memphis has identified the 21 year old woman who went overboard from Royal Caribbean's Allure of the Seas cruise ship on September 16, 2012.

There has been speculation about what happened. This was the overboard where the cruise ship delayed reporting the incident to the Coast Guard for two hours. Some people have speculated that the young lady may have committed suicide, although there is no evidence of that.

That scenario seems highly unlikely given the comments that she was posting on Twitter leading up to the cruise, including many tweets expressing her excitement about the trip.  Consider one of her last tweets upon boarding the cruise ship:   

"Lord keep up safe on this gigantic cruise ship! Let the festivities begin!! See you suckers in a week . . ."

After the delayed Coast Guard search ended, the matter was turned over to the FBI for investigation.

Here's our initial article about this case: Passenger Missing From The Allure of the Seas Cruise Ship.

 

Royal Caribbean Delivers Cruel Blow to Widow of Beloved Captain Tore Myhra

The maritime lawyers here in Miami have been in a state of outrage following a recent decision from an appellate court in the Estate of Tore Myhra v. Royal Caribbean Cruises, Ltd., Case No. 10-15840 (11th Cir. Sept. 21, 2011).

This case addressed the issue of whether a cruise line could legally enforce a "forum selection clause" transferring the lawsuit to a court outside of the U.S., if the effect of the transfer were to limit the cruise line's liability for personal injury or death occurring on cruises.

There is a federal statute which clearly prohibits cruise lines from doing this. 46 U.S.C. section 30509(a) states that attempts to limit liability by contractual terms in cases where the cruise ship calls on a U.S. port are illegal and unenforceable.

In the Myhra v. Royal Caribbean case, a passenger contracted what is described as a bacterial infection on the Liberty of the Seas cruise ship which led to his death. His widow filed suit in Miami where all lawsuits against this cruise line are filed. But the cruise line moved to dismiss the case, citing terms buried deep in the the passenger ticket which specified the U.K. as the location for the lawsuit.

The lawyers for Mr. Myhra's widow argued that the fine print terms in the passenger ticket were not reasonably communicated to Mr. Myhra, and even if they were, because the U.K. adopted the Athens Convention limiting the liability of cruise lines to a maximum of $75,000 (even including death cases), this clause violated 46 U.S.C. section 30509(a).        

But the Eleventh Circuit held that 46 U.S.C. section 30509(a) was not violated. In a tortuously reasoned opinion, it held that because it was not the cruise line limiting its liability, but rather a foreign country (the U.K.) which provided limited damages, the transfer to the U.K. didn't violate 30509(a). This is a rather circuitous argument. After all, it was Royal Caribbean which inserted the U.K. into the ticket as the chosen forum. It did so because it knew that Britain would afford only limited damages to passengers in cases of injury and death.

The South Florida Lawyers blog covered the story. An anonymous reader commented that the decision was "more intellectual dishonesty from the 11th Circuit." Curiously, in a footnote to the decision, the court held that a different result might be reached if the passengers were a U.S. citizen who bought his ticket in the U.S., as opposed to a Brit who bought his ticket in Britain.

Tore Myhra - Royal Caribbean Cruises - Cruise ShipThe case will be remembered as a result-oriented decision where the xenophobic appellate court's priority was to send the case away from the U.S. based on whatever justification it could scrap together.

But there is more to the story. 

Mr. Myhra was not just an average passenger. He was the former Captain (i.e., Master) of several Royal Caribbean cruise ships. He mastered the Monarch of the Seas and was a captain of one of the cruise line's first cruise ships, the Song of America.

By all accounts, Captain Myhra was a skilled mariner, a dedicated Royal Caribbean employee and a well respected captain who was liked by his fellow officers and crew members on the cruise ships on which he served as Master.

In 1998, Captain Myhra bravely sailed the Monarch of the Seas into the harbor in St. Maarten in the middle of the night to bring a sick passenger ashore for emergency medical treatment. But while the cruise ship was sailing out under the command of another officer, the vessel went off course and ran across a reef. The ship sustained heavy damage to the hull and began to take on water. Captain Myhra took command of the ship and ground it to keep it from sinking.

In 1999, Captain Myhra resigned from Royal Caribbean. Even though he was not at the helm when the ship hit the reef, he took responsibility. Thereafter he began a successful camping business called Rose Farm Touring & Camping Park in England with his wife, Susan, and their daughter.

A decade later, Captain Myhra returned to a Royal Caribbean cruise ship not as the captain but as a passenger with his wife aboard the Freedom of the Seas. Captain Myhra was exposed to Legionnaires Disease along with another passenger due to the negligent manner that the cruise line maintained its water supplies.  Although infected, he was kept aboard the cruise ship until the end of the cruise, only to die in a public hospital the next day.

Captain Myhra ended his career with Royal Caribbean trying to help a sick passenger in the middle of the night by diverting the cruise into port for emergency medical care, but ended his life sickened on a Royal Caribbean ship as a passenger.   

But the irony and injustice does not stop there. Captain Myhra and his wife, Sue, a cruise ship purser herself on Royal Caribbean ships, were "Loyal-to-Royal" friends to the cruise line. They were part of the Royal Caribbean "family."  I'm sure CEO Richard Fain knew them both on a first name basis.

But when Master Myhra died due to exposure to Legionnaires Disease on the Royal Caribbean ship, the cruise line treated his widow and child shabbily.  

Royal Caribbean denied liability and tried to place the blame elsewhere. It could have stepped up to the plate and paid Ms. Myhra and her daughter a reasonable settlement and wished its friends and family members well.  But instead, it paid its defense lawyers in Miami a vast sum of money to try and kick the lawsuit, which Ms. Myhra was forced to file, out of the U.S.

In the end result today, Royal Caribbean beat its former captain's widow and child in a court of law. The appellate court pronounced that their lawsuit for the wrongful-death-by-Legionnaire's-Disease-on-a-Miami-based-cruise-ship is somehow not welcome here in Miami where Royal Caribbean is headquartered.

What a sad spectacle. 

Cruise line CEO Fain and President Adam Goldstein earned over $12,000,000 in 2010 while their cruise ships reduced costs across the fleet, including cost reductions due to fewer tests of its potable water on the Liberty of the Seas and other ships. Meanwhile Ms. Myhra is left to seek compensation in the U.K. for her dead husband and the dead father of her daughter.

After attorney fees and costs, the net compensation will turn into peanuts.

Cruise Lawyers - You Can Love 'Em or Hate 'Em, But You Need Them.

Yesterday I mentioned our blog's three year anniversary. I was pleased to receive some positive comments back from our readers, particularly on our facebook page. Here is one comment that I received via email from a travel agent which I thought was nice: 

"Congratulations on three very successful, provocative, educational and to say the least enlightening years. As a travel professional your articles have caused me to reconsider may things I advise my clients on when it comes not only to cruising but while taking land vacations also.

Thanks for all the good work."

One of our goals is to educate the public about some of the hidden dangers of cruising. So it's encouraging to hear from travel agents who read our blog and learn that they are mentioning some of the issues and safety points we discuss here.

Cruise Ship Lawyer Miami - Royal Caribbean - CarnivalBut our anniversary also brought us hate e-mail as well.  

When I read emails like the one below, I realize that there is no question that we live in a polarized society. Half of the public understands the need for lawyers to help weak & injured people, and to try and keep large corporations in line. The other half of the public views trial lawyers are a sign of the apocalypse:   

"So why do we have to wait in line to sign the silly waivers to do anything like skate, climb or ride the flowrider? You Ambulance chasers make me ashamed to be an American! I've been on many cruises and they are working extremely hard providing an outstanding and safe product. You don't fool most of us -- we know it's all about money! Why don't you get a real job instead of feeding on the labor of others? I have had many conversations with workers on ships -- you know they think we Americans are a bunch of lazy bums looking to sue. It's true -- they laugh at our silly warning labels!

Thank you Mr Lawyer! Mr. Ambulance Chaser."

When I receive emails like this I have to stop and scratch my head. "Waivers" on cruise ships are against the law. There is absolutely no reason to ever stand in a line on a cruise ship to sign a waiver because they are null, void and unenforceable.

Why are they illegal?  Because lawyers fought for injured passengers. In a case we handled, the Eleventh Circuit Court of Appeal recently struck down a cruise line waiver which purported to strip passengers of their legal rights before they can participate in activities like zip lines, wall climbing, flowriders, rock climbing and skating.

Cruise lines hire large teams of lawyers to advance their legal interests. Any case filed against a Miami-based cruise line will be assigned to a team of lawyers and legal assistants - a partner, senior associate, junior associate and a paralegal or two.

In big cases, cruise lines hire a proverbial city of lawyers. Costa cruise line hired dense lawyers in Rome, Genoa, New York, London, Washington DC and Miami to represent it following the Costa Concordia disaster.  

An average passenger or crew member does not stand a chance against a large corporation like Carnival or Royal Caribbean unless they hire a lawyer.

Yes, there are some silly warning signs on some products which are not needed. We can all agree on that and have a good laugh. But if you are a victim of a crime or serious injury during a cruise and don't hire a lawyer, it will be the cruise line who will be having a laugh at your expense. 

Crew Member Goes Overboard From Royal Caribbean's Serenade of the Seas

Serenade of the Seas Overboard CrewAlready reeling from the publicity of its delayed reporting of a 21 year old passenger who went overboard from the Allure of the Seas, Royal Caribbean is now facing the scrutiny of the international press regarding the disappearance of a crew member from the Serenade of the Seas yesterday.

Several newspapers in Italy and Croatia are reporting that a Royal Caribbean went overboard from the Serenade yesterday morning while the cruise ship was sailing in the Adriatic sea.

The Bahamian flagged Serenade of the Seas was crossing the Adriatic for Venice.

There are conflicting reports of the time of the overboard as occurring between 4:00 a.m. to 5:00 a.m. when the ship's passengers reported that a person had fallen into the sea.

An Italian newspaper reports that the unidentified crew member went overboard in off the Italian coastal city of Ancona. The waters are described either as international waters or waters under the jurisdiction of Croatia. The sea was reportedly rough with winds gusting close to 100 kilometers per hour. 

Coast Guard vessels from Croatia and Italy have searched for the crew member without success.

Cruise lines don't voluntarily disclose information about overboard passengers and crew members. Cruise expert Professor Ross Klein has tracked 187 people going overboard from cruise ships in the last ten years or so.

Anyone with information about this latest case, please leave a comment below.

September 21, 2012:  So far, not a single U.S. newspaper or media outlet has covered the story.  No press statement by Royal Caribbean.  Disturbing that no one cares about cruise overboards unless they involve a passenger from the U.S. 

September 22, 2012: Several people informed us that the overboard Royal Caribbean crew member is from Panama and one reader said that he was employed in the facilities department on the ship.

October 13, 2012: Another crew member goes overboard from the Serenade of the Seas. 2 crew members from the same cruise ship in 3 weeks. What's going on with this ship? 

Photo credit: Il Messaggero.it

Allure of the Seas Overboard: Royal Caribbean Struggling to Justify Late Notification to Coast Guard

With the Coast Guard ending its delayed search and the 21 year old woman still missing at sea, Royal Caribbean is struggling to justify the two hour delay it caused in reporting the latest person overboard from the Allure of the Seas.  Its excuse is a whopper - it claims that it first had to first search the ship to make certain that the passenger was still not onboard. 

This statement is coming from a cruise line PR executive Cynthia Martinez, who is obviously unfamiliar with well established maritime rules and even her company's own man overboard protocols.  According to International Maritime Organization (IMO) recommendations and Coast Guard regulations, cruise ships are required to notify the Coast Guard if the person overboard is not "immediately" observed in the water.  

Royal Caribbean knows better than to act like this. It has some highly experienced mariners and former Coast Guard commanders working for it, like former Coast Guard Commander Captain Howard Newhoff Royal Caribbean Allure of the Seaswho was awarded a medal of commendation by President Reagan in the 1980's and whose skills and service to this country are beyond reproach. He must be shaking his head in disgust after reading the PR statements dreamed up by the cruise line's PR team members who don't know the difference between port and starboard. 

Royal Caribbean said that the Coast Guard was notified when the cruise ship found “the incident on the recording . . . from the video, we could pinpoint the exact time and location using Global Positioning System and provided that information to the Coast Guard.”

Nonsense. The Coast regulations require immediate notification. The GPS coordinates should have been sent to the Coast Guard immediately. Searching the largest cruise ship in the world and pouring over CCTV images from hundreds of cameras first?  A person can float for tens of miles over the course of the unnecessary two hour delay.

Maritime experts on Ring of Fire Radio voiced their displeasure about the delay from 9:30 to 11:30 p.m., over 2 hours after the passenger fell overboard. Gerald McGill, a graduate of the U.S. Coast Guard Academy and a former Commanding Officer of two Coast Guard cutters, states:

"The most troubling aspect of this tragedy is why the ship waited two hours before notifying the Coast Guard. Royal Caribbean spokeswoman Cynthia Martinez said the process of making sure a passenger is not onboard takes some time. She said such verification is necessary before the Coast Guard is notified 'and they commit to sending assets to help search.'

However, in this case a witness reported seeing another passenger go overboard and video footage verified this. The important fact was that “someone” had fallen overboard. Determining who had fallen overboard should not have delayed notifying the Coast Guard. Hopefully the FBI investigation will address this issue."

Delayed notification causes the Coast Guard to expend additional resources and expands the search grid of the Coast Guard cutters, helicopters and aircraft. The expenses increase substantially. And most importantly the chances of the person being rescued - which is why immediate notification to the Coast Guard is required in the first place - decrease dramatically.

 

Check out our facebook page to see what people are saying about how Royal Caribbean handled the situation. 

Norwegian Star - Explorer of the Seas Collision Caught on Video!

A passenger aboard Royal Caribbean's Explorer of the Seas video-taped the collision with the NCL Norwegian Star last week (September 14, 2012) in port in Bermuda.  The NCL ship was hit by high winds (75 MPH) which caused the Star to break away from its mooring lines and strike the stern of the Royal Caribbean ship.

The video was shot from the Windjammer cafe and you can hear the passengers excitedly chattering and sometimes laughing throughout the incident. A Royal Caribbean officer appears in the video and says "you hit my ship!"

The video is by Floobboober (YouTube):

 

Why Didn't Royal Caribbean Immediately Notify the Coast Guard that a Passenger Went Overboard from Allure of the Seas?

Yesterday the first media source which reported that a cruise passenger went overboard from Royal Caribbean's Allure of the Seas was Cruise Critic.  Notwithstanding its name, Cruise Critic is not remotely a critic of the cruise industry.  It's one of the cruise lines greatest fans and supporters. It will publish cruise line PR statements without question or hesitation.

When Cruise Critic broke the story, Royal Caribbean's PR department had already fed Cruise Critic a statement claiming that another passenger witnessed the 21-year-old American go overboard at about 9:25 p.m. EDT. "The ship's Captain immediately stopped the ship, turned around, and alerted the U.S. and Bahamian Coast Guard," read the cruise line statement.

The next time entry mentioned by Cruise Critic was 3:30 a.m., when the U.S. Coast Guard assumed control of the search and released the Allure of the Seas as well as Carnival's Fascination and Royal Caribbean's Majesty of the Seas cruise ships which had joined in the search for the missing woman. 

Allure of the Seas The impression created by Royal Caribbean and its friends at Cruise Critic was that Royal Caribbean "immediately" notified the proper authorities and "immediately" searched the waters for the young woman and that the search lasted six hours from 9:30 p.m. to 3:30 a.m. until the Coast Guard released the cruise ship to continue with itinerary. 

What Cruise Critic didn't mention was that, based on an article in the Sun Sentinel newspaper, Royal Caribbean was notified of the 9:25 p.m.overboard at 9:30 a.m. but the cruise line delayed two hours until 11:30 p.m. before notifying the U.S. Coast Guard. The Sun Sentinel article was based on comments directly from the U.S. Coast Guard.  

But no other news sources mentioned the two hour delay; instead, CNN, Miami Herald, CBS FOX News, and others published the false and misleading cruise line statement that Royal Caribbean "immediately" stopped the cruise ship and notified both the U.S. and Bahamian Coast Guards following the 9:25 p.m. incident. 

Coast Guard regulations and the requirements of most cruise ship safety management systems (SMS) required by the International Maritime Organization (IMO) state that the vessel must notify the Coast Guard and other vessels in the vicinity if the overboard person is not "immediately" located in the water. Once a man overboard is reported, most SMS cruise line policies require a prompt reduction of speed of the ship, a "Williams Turn" to head the ship back to the location of the overboard person, the deployment of extra look-outs, the use of spotlights, and preparation to deploy life craft. While this is happening the captain can order a muster and head count if there is any doubt about whether a passenger went overboard.

It is inexplicable that the cruise ship would sail on if an eye witness reported the overboard to the cruise line at 9:30 p.m. Two hours later, the ship would be 30 - 40 miles away not even considering the effect of the current on the person overboard.  The chances of drowning would increase substantially and the search area would increase dramatically due to the delay. 

The Allure is the world's largest cruise ship with 5,400 passengers and 2,300 crew members aboard. A search of this huge ship would take many hours. Did the cruise line really ignore the man overboard report and sail away? Why search the ship or order a muster and head count if an eye witness saw the woman go overboard as initially reported?  It is against basic maritime protocols.

In cases like this, wild speculation follows a delayed rescue attempt. Was this a suicide, foul play or the results of excessive serving of alcohol?  

I don't believe that people wanting to commit suicide take the time and incur the expense of booking a cruise, buying an airplane ticket, packing a big suitcase, and then flying across the U.S. to South Florida for a week long cruise to the Caribbean with the thought of killing themselves.  

But readers commenting on the cruise message boards at cruise fan sites like Cruise Critic have already labeled the case a suicide or 100% her fault for partying.  Sites like Cruise Critic perpetuate the cruise line's misleading PR campaign by ignoring the cruise line's two hour delay and then letting its readers assassinate the woman's character.

Unfortunately, there is no independent police authorities onboard cruise ships to gather the true facts and conduct an objective and timely investigation. Cruise lines investigations are often conducted with the cruise line's reputation and legal interests in mind.

This is a real disservice to families of missing passengers who need transparency in such a time of despair. 

 

September 19, 2012 Update: Royal Caribbean tries to justify why it delayed stopping the ship and notifying the Coast Guard. Coast Guard ends its delayed search. FBI now involved.

Passenger Missing From The Allure of the Seas Cruise Ship

Last night a young woman from Bartlett, Tennessee disappeared from the world's largest cruise ship, the Allure of the Seas.

According to experts who track cruise ship disappearances, she was the 186th person to go overboard from a cruise ship in the last ten years.

At the time of the overboard last night, the Allure was sailing to Nassau after leaving Ft. Lauderdale (Port Everglades).

Royal Caribbean Cruises issued a press release that the 21 year old U.S. passenger went overboard Allure of the Seas OverBoard Passengerat 9:25 PM Eastern Standard Time last night.  The incident was apparently captured on the cruise ship's CCTV cameras. 

Royal Caribbean Delays Notifying the Coast Guard

The Sun Sentinel reports that the incident was reported to the cruise line around 9:30 PM, but the cruise line delayed reporting the incident to the Coast Guard for 2 hours until 11:30 PM. According to the Sun Sentinel. the cruise line apparently searched the ship for two hours to look for the young woman.

Only after the shipboard search was unsuccessful did the ship contact the Coast Guard.

Royal Caribbean Denies Delay

According to Cruise Critic, Royal Caribbean says that there was no delay.  It released a statement claiming that after another passenger observed the overboard and reported it, "the ship's Captain immediately stopped the ship, turned around, and alerted the U.S. and Bahamian Coast Guard."  This is inconsistent with the Coast Guard statement that Royal Caribbean waited until 11:30 PM to notify it and then search in the water for the passenger.

The Allure is a huge ship with some 8,000 passengers and crew members. As the cruise line likes to advertise, the massive ship comprises some seven neighborhoods.  Why would the cruise line waste valuable time searching such a big ship while sailing for two hours away from where the overboard was observed? 

Cruise expert Professor Ross Klein reports that 186 people (passengers and crew members) have gone overboard in the last decade or so.

The last overboard from the Allure of the Seas was in early February of this year when an Irish passenger in his 20's went overboard.  

In instances where suicide is suspected, the cruise lines usually allude to that in their initial public statement. There is no mention of that so far.

Alcohol is often involved in cruise ship overboards, but there is no mention of that factor one way or the other.

Please leave a comment below if you have information about what happened, or click on our facebook page to see what other people are saying about this case.

 

September 18, 2012 Update: Cruise line's 2 hour delay in inconsistent with Coast Guard regulations, International Maritime Organization (IMO) recommendations and cruise line safety management system (SMS) procedures - read here..

September 19, 2012 Update:  Royal Caribbean tries to justify why it delayed stopping the ship and notifying the Coast Guard.  Coast Guard ends its delayed search.  FBI now involved. 

September 20, 2012 Update: Royal Caribbean Struggles to Justify Delayed Notification to Coast Guard.

September 22, 2012 Update:  Allure of the Seas: "Profits Over Passenger Safety?

September 27, 2012 Update: Passenger identified.  One of her last comments on Twitter: 'Lord Keep Us Safe On This Gigantic Cruise Ship." 

October 3, 2012 Updates: Delay, Deny, Deceive & Defend: Royal Caribbean Shows How Not to Respond to an Overboard Passenger 

Video: Royal Caribbean Delayed Reporting Overboard Passenger

Bermuda's Kangaroo Courts Back in Action

Bermuda Senior Magistrate Archibald Warner was again busy fining cruise tourists last week.

According to the Bermuda Sun, Magistrate Warner fined a Norwegian Star passenger on his honeymoon $800 after the local police used a sniffer canine to locate a few marijuana cigarettes (6 grams) in the passenger's cabin while he and his newlywed bride were enjoying the sites ashore. 

I have written a dozen articles (here's one and here's another) about the good Judge Warner fining U.S. passengers big bucks for small amounts of pot.  It seems like these fines are a major source of revenue for Bermuda.  The fact that the pot is found only after police take dogs on the cruise ships to conduct searches of private cabins with no warrant or probable cause doesn't seem to mind the prosecution or the judiciary in Bermuda.

American passengers who are already kicked off the cruise ship and facing jail time are always quick to pay $500 to $3,000 to avoid a few months in the slammer on the rocky island.  What a racket.  The newspapers in Bermuda love covering these type of cases and are sure to plaster a photo of the busted pothead in their newspapers

And speaking of rackets, Magistrate Warner also fined a Royal Caribbean cruise passenger $4,000 after he was caught stealing stuff on the Explorer of the Seas cruise ship.  According to Bernews, the Royal Caribbean security caught a passenger from New Jersey "using (a) stolen credit card in three transactions to dishonestly acquire goods and services (from the ship spa) including two bottles of men’s cologne."

Now I don't like crooks and I'm glad that the bad guy with the cologne got caught.  But I wonder how on Explorer of the Seas Nassau Bahamasearth a judge in Bermuda could assert jurisdiction over a theft committed by a U.S. citizen on a foreign flagged cruise ship in international waters?

According to Bernews, Magistrate Warner was also wondering why he was presiding over such a case. The newspaper states: "After questioning and then confirming that the ship was a "Bermuda Registered ship" and Bermuda authorities were lawfully able to take action, Senior Magistrate Archie Warner allowed the case to proceed."

The problem is that the Explorer of the Seas is not a vessel registered in Bermuda. Everyone knows that. No Royal Caribbean cruise ships are registered in Bermuda. The Explorer of the Seas is registered in and flies the flag of the Bahamas. (Next time the magistrate should send someone to the dock and take a photo of the cruise ship's stern. You will see: Explorer of the Seas - Nassau.)

Bermuda, the Bahamas, whatever. Both start with a "B," close enough for Magistrate Warner.  The short hearing netted Bermuda $4,000 - quick money for a case that it has no jurisdiction over.    

This would be amusing, I suppose, except for the fact that Bermuda demonstrates no interest in prosecuting serious cruise ship crimes.  Bermuda looks the other way when faced with rapes, abandonment of mariners at sea, or mysterious disappearances of crew members that occur on cruise ships which are, in fact, flying the maritime flag of Bermuda.

 

Photo Credit: Explorer of the Seas - travel.com

Will Jamaica's Cruise Ship Woes Be Solved By A Margaritaville?

Jamaica's Gleaner newspaper reports that the average amount of money spent by a cruise ship passenger in Jamaica has dropped to just $71.  

The hardest hit Jamaican port has been Falmouth where Royal Caribbean convinced the county of Jamaica to spend over $160,000,000 so far to develop the port (at great destruction to the reefs and environment of Jamaica) on the promise that the U.S. passengers would spend hundreds of dollars each upon entering Jamaica.

Now that Jamaica took Royal Caribbean's bait, dug up its fragile coral reefs and bulldozed its mangroves, the island has learned that the mostly American passengers are spending no where near the promised several hundred of dollars while ashore.

Falmouth Jamaica - Royal Caribbean PortI won't say that I told you so, although I will mention that this is exactly what I predicted in my prior articles:

Historic Port of Falmouth - Jamaica's "Crapital" for the Oasis of the Seas

Will Royal Caribbean Ever Live Up to Its Promises to Falmouth Jamaica

One of the problems I observed when I visited Falmouth last year is that the new port contains essentially two worlds - the new port behind the fence which the cruise line erected where the touristy shops are sponsored by Royal Caribbean which sucks in most of the money, and the original stores outside the fence where few passengers venture.  

Compounding the problem is the fact that most of the excursions sold by the cruise line immediately leave the port and take the passengers outside of Falmouth.

But not is all lost, according to the Gleaner.  A Margaritaville is going to open on the Royal Caribbean dock in Falmouth, inside the cruise line fence.  Per capital spending is suppose to increase from $71 to $120 a passenger.

A Margaritaville bar in the historic port of Falmouth?  Ugh.  

Will the promised money roll in?  Probably not.  

But whatever bounty the cruise line passengers bring to the Jimmy Buffet bar in Jamaica will undoubtedly be scooped up by Royal Caribbean and sailed back to Miami.      

 

Photo credit:  Jim Walker

Cruise Ship Rape: International Cruise Victims' Vice President Advocates For Cruise Ship Rape Victims

Tonight CNN's Headline News ("HLN") featured  an interview with the Senior Vice President of the International Cruise Victims ("ICV") regarding the latest cruise rape story involving a thirty-one year old man who participated in and encouraged the gang rape of a fifteen year old victim aboard a Carnival cruise ship.   

ICV VP Laurie Dishman appeared tonight on the CNN channel discussing her personal experience as a rape victim on a Royal Caribbean cruise ship when a part time security guard sexually assaulted Cruise Ship Rape her while she was cruising with Michelle, her best friend since she was five years old.

The crime was particularly brutal and the response by the rapist's employer, Royal Caribbean Cruises, was especially irresponsible. You can read Laurie's story at the website of the ICV here.

Laurie hired me to represent her. Laurie is the most motivated and strongest woman, scratch that - person, I have ever met.  She told me that her goal was to convene a hearing on her case to bring awareness to the problem of cruise ship sexual assaults.  She wanted a law to be passed to protect other cruise passengers.  

She also instructed me to take Royal Caribbean to the task. Not to be modest, but Laurie and I kicked the living crap out of the cruise line. She obtained the highest recovery against a cruise line to date for a sexual assault. Incidentally, there were several Congressional hearings held which discussed Laurie's case and she met with President Obama to discuss the problem rapes on cruise ships. A new cruise safety law, the Cruise Vessel Security & Safety Act, was passed largely due to her efforts and her friends in the ICV.  After all, she traveled over 30 times at her own expense to lobby Congress to pass the much needed law to protect cruise passengers.  

Laurie and I (and my wife and kids) became best friends in the process of our several years of litigating against Royal Caribbean and attending hearings in Washington D.C. about crimes on cruise ships.

Laurie has taken her cause to the public as the Vice President of the ICV to educate the public Cruise Ship Rape - Sexual Assaultabout cruise ship crimes.

Tonight it was energizing to see Laurie on CNN explaining the danger of cruise ship rape to the public in the latest incident of an adult buying huge amounts of alcohol for underage boys who participated in the gang rape of the 10th grade child on the Carnival cruise ship. Laurie pointed out that on the day the story broke about the booze fueled gang rape, Carnival announced it all-you-can-drink booze package.  

For $50 a day, you can drink till you puke, or until your posse rapes someone (my editorial, not Laurie's)

You will continue to see Laurie at a national level speaking out for crime victims.  

Thanks Laurie for advocating for the cruising public!

Royal Caribbean Smears Crime Victim & Gets Cozumel Rape Lawsuit Thrown Out Before Trial

A trial scheduled this month involving a Royal Caribbean cruise passenger who alleges she was gang-raped while ashore in Cozumel was averted when the federal court judge granted a motion filed by the cruise line to end the case.

The order granting Royal Caribbean's motion was posted on line by Leagle yesterday and can be read here

The case involved a young woman from Royal Caribbean's Oasis of the Seas who was shopping in an area recommended by the cruise line. Royal Caribbean derives many millions of dollars in income when cruise passengers shop Oasis of the Seas - Cozumel Mexicoat the cruise-line-recommended stores.   

The passenger left the ship and went to a shopping areas which Royal Caribbean recommends. After walking a few blocks down the main strip to a store called "Viva Mexico," the passenger turned around and subsequently encountered a man selling jewelry from a cart. The cruise line literature does not mention shopping cart vendors.  

The man with the jewelry cart told her that he had other jewelry in his store and led her to a store not identified on the cruise line map but under the same roof of other cruise-advertised stores. The man then pushed her down a hallway and into a restroom where he forced her to perform oral sex on him. Four additional Mexican men then raped her orally and vaginally.

The victim hired lawyers here in Miami who sued Royal Caribbean for failing to warn her of the danger of sexual assault in Cozumel and recommending a shopping area where she was raped.

Royal Caribbean moved to end the case arguing that it had no duty to warn of dangers ashore off of the cruise ship - an argument the court quickly rejected.

The cruise line then argued that it had taken millions of passengers to the port of Cozumel but it was unaware of instances of sexual assault or violent crime specifically involving Royal Caribbean passengers or crew members in the shopping area depicted on the map or in Cozumel.

The court held that the case could not proceed without such evidence.  The ruling is rather strange because there was no showing by the cruise line that it was unaware of rapes and violence against women other than passengers and crew in the shopping area and in Cozumel in general. When the victim's lawyer served subpoenas on the other major cruise lines (Carnival, NCL, etc.) to obtain evidence of how many other cruise line passengers and crew were crimes victims in Cozumel, all of the cruise lines objected.     

The court also essentially ignored affidavits submitted by the victim's lawyers that there were other violent assaults in the area and crew members are aware of the dangers ashore in Cozumel and tell their supervisors, but the cruise line keeps the passengers in the dark.

The court also gave little weight to evidence submitted that to monitor security risks in places to which Royal Caribbean directs its passengers to in Cozumel, Royal Caribbean relies on United States State Department travel warnings, reports from its passengers and crew, the local police, and its port agent.

Just last week in a case involving a Royal Caribbean passenger who alleges she was raped at Senor Frog's in Cozumel, the local press reported that there were 7 cases of rape in the preceding six months.  If Royal Caribbean claims that it didn't know of rapes in Cozumel, the cruise line is not doing a good job of staying informed of the crime in this Mexican port where it takes its guests and encourages them to shop ashore.

In addition, two travel warnings issued by the State Department were in existence at the time of the gang rape, which refer to Cozumel, rape, and sexual assault as a "serious problem" in resort areas. 

The disturbing thing about the case is that Royal Caribbean went to great lengths to argue that before the rape, the young woman allegedly attempted to purchase "illegal drugs" while she was ashore shopping.  Legally, it is irrelevant to the cruise line's duty to warn whether the passenger was previously trying to buy pot or some other "drug." No woman deserves to be raped - regardless of whether they are looking to smoke reefer, drink a pitcher of margaritas, or buy some over-priced jewelry in Cozumel.

Unfortunately this is one of the tactics cruise lines use to destroy the credibility of women raped on cruise ships and in ports of call.    

This is a case certain to go on appeal, and may be reversed by the appellate court. 

 

Photo credit:  Fotki / Mark Chatfield

Lawsuit: Royal Caribbean Crew Member Rapes Cruise Passenger Aboard Royal Caribbean's Navigator of the Seas - Surveillance Camera Shows Victim Trying to Escape

The Miami Herald reports that a Royal Caribbean crew member sexually assaulted a passenger during a New Year’s cruise according to the allegation in a lawsuit filed last week.  The newspaper reports that the sex attack was partially captured on surveillance video.

The woman was attacked on January 1, 2012 while cruising aboard the Navigator of the Seas during an Eastern Caribbean cruise. 

The Herald explains that on the morning of the attack, the victim had gone to an upper-level deck to use a whirlpool. She then asked a crew member for a towel, and he led her into a bathroom, where he assaulted her.  The cruise ship's CCTV surveillance video captured images of the victim trying to Navigator of the Seas - Rape - Cruise Shipescape, only to be dragged back in to the room. 

The woman slipped away and reported the attack to ship security.

The woman's lawyer told the newspaper that he believes that Royal Caribbean's security officers took the man into custody and "kicked him off the ship at the next overseas port."

“This is a problem in the cruise industry and if the company cared, it wouldn’t just turn this guy loose in the nearest port. You need to cooperate with the victim and assist in bringing him to the proper authorities.”

The cruise line claims that it reported the incident to the FBI and local law enforcement in St. Kitts.

As we have mentioned in many other article, the FBI has a terrible record investigating cruise ship rapes. 95% of FBI investigation go nowhere and the alleged crew member rapists go free - often ending up working for a different cruise line after spending a few months at home.

Earlier today we reported on the rape of a Royal Caribbean cruise passenger in Cozumel.

Last month we reported on the rape of a passenger by a crew member aboard the Equinox, operated by Royal Caribbean's sister company Celebrity Cruises.  CNN aired a special Predators at Sea about a Royal Caribbean crew member raping a fifteen year old child. 

In March we discussed the sexual abuse of a minor aboard the Enchantment of the Seas.  

Literally hundreds of women and children have alleged being sexually assaulted on Royal Caribbean and Celebrity cruise ships over the past decade. We have attended 7 Congressional hearings since December 2005 which have studied the issue of cruise passenger safety.

Cruise lines like Royal Caribbean typically under-report the actual number of crimes which occur during cruises. For example, in 2006, Royal Caribbean told Congress that 66 rapes and sexual assaults occurred over the course of the preceding three years - that's 3 rapes every 2 month just on the Royal Caribbean fleet. However, in a subsequent civil case our firm handled against this cruise line, a trial court here in Miami ordered the cruise line to produce its raw crime data to us. The reports revealed that the total number of rapes, sexual assaults and sex-crimes related incidents were actually around 273 (over 4 times the amount reported to Congress).

The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."

Royal Caribbean Passenger Reports Rape at Senor Frog's in Cozumel

A newspaper in Mexico and cruise expert Professor Ross Klein report that a young woman from Royal Caribbean's Freedom of the Seas cruise ship was apparently drugged and sexually assaulted by employees of Senor Frog's in Cozumel, Mexico last Friday, August 10, 2012.

The article states that the woman (reportedly around 19-20 years of age) was cruising on a Royal Caribbean cruise ship which called on Cozumel. Her family went on a tour and ended up at Senor Frog's which is a popular bar frequented by cruise passengers and other tourists. The newspaper explains that the young woman and other family members drank and she danced with one of the employees who worked Senor Frogs Cozumelwith several other men as disc jockeys (DJ's).  

The young woman ended up being invited into the DJ's "cabin," an enclosed area of the restaurant from where music is played. The DJ's gave her a drink and she thereafter lost track of things but just remembers vague images of the four men attacking her and trying to fight them off. 

The circumstances were particularly brutal with reports that other employees went into the booth to watch, and some men were beating the victim.  

She was taken back to the cruise ship and experienced pain and burning in her genital area and had bruises on her body.  Her family decided to leave the cruise and stay on the island to report the incident to the Mexican police. 

Another newspaper reports that the four Senor Frog employees were taken to a local magistrate who promptly released them. We are not referring to this newspaper because it mentions the victim's name. The newspaper also indicates that police records indicate that from January to June 2012 there were seven complaints of rape.  It is less than clear whether the article refers to the bar or Cozumel.  Women raped in Mexico rarely obtain justice.

This is not the first report of rape of a cruise passenger in Cozumel or the first rape of a Royal Caribbean passenger who went to a Senor Frog's during a cruise.

In June, we mentioned a lawsuit filed against Royal Caribbean arising out of a gang rape of a young woman in Cozumel from the Royal Caribbean Oasis of the Seas.  The cruise line provided the passenger with a map of the shopping locations recommended by Royal Caribbean. A gang of men brutally raped the young woman while she visited one of the recommended stores.

Royal Caribbean does not warn cruise passengers of the danger of being sexually assaulted or violently attacked in Cozumel.  Cozumel is one of the few ports capable of accommodating the Genesis project ships like the Allure and the Oasis and it is my opinion that the cruise line doesn't want to scare anyone off from traveling to this Mexican port.

Last year a young woman from Poland, working aboard the Royal Caribbean Allure of the Seas, was murdered while ashore in Cozumel.  

Royal Caribbean knows that bars ashore in ports of call present dangers of date rape drugs and sexual assault. 

Last year a Royal Caribbean passenger was raped and severely beaten after drinking at a Senor Frog's in Nassau.

Royal Caribbean Freedom of the Seas Cruise Ship - Sexual AssaultCruise lines have an obligation to warn of dangers ashore in the ports of call that they sail to and where there guests are reasonably likely to frequent such as local bars near the cruise ships.  

Royal Caribbean in particular, acknowledges that it has a duty to inform cruise passengers of dangers like this. The cruise industry publication 'World Cruise Industry Review" interviewed the head of "Global Security" at Royal Caribbean, Gary Bald, about the cruise line's obligation to warn cruise passengers of dangers in ports of call.  In an article entitled "Safe Harbor," Mr. Bald stated that as far as looking for dangers to passengers in ports of call, "I’m locked in and tuned in around the clock, 24/7.”   

The article states that "Bald is happy to share security information with both the crew and the passengers. “All guests are my responsibility,” he says, “and I don’t want some more prepared than others.” 

It will be interesting to see whether Mr. Bald and his cruise line warned this latest victim and her family about the prior rapes and attacks in Cozumel and other Royal Caribbean ports of call.  

 

Photo credit: Top: Senor Frog's - Julián Miranda/SIPSE; bottom - Wikipedia / Andres Manuel Rodriguez

Continuing Negative Cruise News Beats Royal Caribbean Down

The 2012 second quarter earnings results are in for Royal Caribbean Cruises and its not good news.  

The cruise line reported a net loss for the second quarter of this year of $3,600,000 - compared to net income in the second quarter of last year of $93,500,000.

Slightly fewer passengers sailed on Royal Caribbean cruise ships during this last quarter compared to 2011.

The CEO of the cruise line, Richard Fain, tied the decline in passengers and net income to the Costa Concordia disaster in Italy in January, where 32 passengers and crew died. "The steady drumbeat of negative news emanating out of Europe is certainly having an effect," Fain announced at the conference call to analysts.

Royal Caribbean Sponsored Excursion Tour Bus Crashes in St. Martin

The newspaper Today reports that cruise passengers from a cruise ship were involved in a serious accident while riding in an excursion bus to the Loterie Farm excursion in St. Martin.  Cruise Critic U.K. reports that the passengers were from Royal Caribbean's Freedom of the Seas cruise ship. 

The incident occurred last Thursday while 36 cruise passengers were riding in the excursion bus heading to a zip line adventure / canopy tour at Loterie Farm. The excursion is called the Loterie Farm Treetop Adventure Tour

According to these newspaper accounts, the excursion bus lost control as it was descending a hill, causing it to strike an oncoming taxi and then plummet into a ridge. A photograph of the overturned taxi is to the right. A passenger provided the Today newspaper the following account of the accident

Excursion Bus - Taxi Accident - Royal Caribbean Freedom of the Seas“Just after we went through the Loterie Farm gate we felt the driver hit the brakes but no brakes, and then the bus just started careening down. About half way down we hit a speed bump and everyone hit the ceiling and then the bus just continued rolling down the hill. There was a guy driving coming up the hill while we were going down so we ran into him, flipped that vehicle over and then ran straight down into the ditch. Tree branches got into the bus and many people received whip lashes from the branches. Everyone was screaming manically, we thought we were plunging to our deaths but the tree saved us. The bus driver was pretty much shook up though.”

Accidents involving cruise excursion buses like this are not as uncommon as the cruise lines will admit.

In January, a cruise sponsored open safari bus excursion from a Royal Caribbean ship crashed in St. Thomas, resulting in injuries to eleven cruise passengers. The passengers were traveling from the Serenade of the Seas cruise ship in the safari bus when the open air bus lost control going down an embankment, struck a parked car and then went over a ridge. Royal Caribbean stated that eleven of the passengers were immediately transported to a local area hospital.

Two years ago a young man from a Princess cruise ship was killed and numerous passengers were injured in a cruise bus excursion in Tortola - Excursion Tour Bus Crash In Tortola Injures Princess Cruises' Passengers From Caribbean Princess.

The previous year, a dozen passengers from Celebrity Cruises' Summit cruise ship were seriously injured when an open air excursion vehicle ran off the road in Dominica.  

In September 2010, an excursion bus carrying cruise passengers plunged into a ravine in northern Morocco (Castillejos) and killed nine Portuguese tourists. 14 cruise passengers were injured.

It is currently unknown whether this latest accident involved a mechanical breakdown or was due to driver error. There are conflicting accounts of the extent of the passengers' injuries.  Some passengers were taken to a local hospital.

If you have photos or video of the incident that you wish to share, please leave a comment below. 

 

Photo credit: Today newspaper

CNN's "Safe at Sea" Series Investigates Sexual Assault of 15 Year Old Girl on Royal Caribbean Cruise Ship

Royal Caribbean Child Rape - Cruise Ship Crime Tonight, the CNN Anderson Cooper AC360 program aired a short documentary into the issue of the safety of children on the high seas, entitled "Safe at Sea."

The program focuses on a fifteen year old girl sailing with her family on a Royal Caribbean cruise ship in 2010.  While her parents and siblings were at a different part of the ship, the young girl was in her cabin alone.  A crew member in uniform uses a pass key and enters the cabin unannounced and violently forces her to perform oral sex.

Terrified and distraught, the child did not immediately report the crime to her parents.

Our investigation into other crimes against children on Royal Caribbean cruise ships led us to the court ordered production of an internal report by Royal Caribbean which concluded that sexual misconduct occurs "frequently." The report concluded that as many as one-third of women and children sexually assaulted on Royal Caribbean cruise ships report the crime only after they have left the cruise ship and are back in the security of their home.  

In this case, the parents informed the local police in California of the shipboard crime who found the child's complaints to be "credible."  The police forwarded the complaints to the FBI.  The FBI investigation included collecting photographs of crew members selected by the cruise line which, not surprisingly, did not contain the predator's photo. The family thereafter never heard back from the FBI.

Child Sexual Assault - Royal Caribbean Cruise Ship The cruise line, however, paid a settlement to the child. On the CNN program tonight, the child (whose identify was protected for her privacy) stated that she felt the crew member was a predator and had done it before.

The program also contained an interview with a former U.S. Customs and Border official who stated that, in her experience, 85% of cruises contain at least one sexual predator on the cruise ship.  

The cruise industry's trade organization, the Cruise Line International Association (CLIA), attacked the former federal employee and released a statement to CNN stating that:

" . . . . it is disconcerting that this individual would irresponsibly offer such inflammatory and unfounded accusations."

This, in a nutshell, is the attitude of the cruise industry and cruise lines like Royal Caribbean toward victims.

A fifteen year old child is sexually assaulted during a cruise. Yet, the cruise line and the cruise industry offer no apologies to the child or her family.  

Instead, they attack those who dare to speak out in public about crimes on cruise ships.

Cruise Line International Association - CLIA Attacks Cruise Victim

Royal Caribbean Posts Bogus Comment to Article Regarding Alleged Near Collision Involving Liberty of the Seas

Yesterday I blogged about a near collision which allegedly occurred between Royal Caribbean's Liberty of the Seas and a small Italian fishing boat, the Angela II, which is based in Civitavecchia.   

You can read my article: Royal Caribbean's Liberty of the Seas Nearly Runs Over Italian Fishing Boat. The article was based on an account from the highly credible cruise blog Noticias de Cruceros.  You can also read about the incident here from an Italian newspaper.

This morning, someone posted a comment to my article, claiming that the near collision story was a lie, and suggesting that the Italian authorities made it up.  The person who posted the comment claims that Royal Caribbean Cruises - Bogus PR he was on the cruise ship and says that the fishing boat had no fishing equipment and that it was the Liberty of the Seas which altered course and passed the boat by some 250 meters.  

Now, I was not on the cruise so I don't know what happened. There are two sides to every story and I'd like to know what really happened.

We have the fishing boat's version of events. There is no official corporate statement by Royal Caribbean at this point.  And I can find no comments from the passengers on the cruise ship.  Just this one comment to my blog:    

"It's such a lie, what they wrote there,I been on this ship and watch what happened.This fishing boat was with out any fishing equipment and just suddenly start to run towards the ship from close distance.The ship is the one who alter course to avoid collision,where fishing boat just stopped dead in front of them and distance when we pass fishing boat was over 250 mtrs.

However,it's was a nice try from Italian authorities to blame the ship,but not their own fishing boat,for creating such a dangerous situation for the ship."

The person leaving the comment left only a first name and a bogus email address: John10@gmail.com.

After a little research, I determined that the comment  was posted by someone at Royal Caribbean's headquarters in Miami.  How do I know that?  I'm not saying.  But I am 100% certain that it was sent from the Royal Caribbean offices near the port of Miami.

Cruise Law News (CLN) is a very popular blog. Lots of people love to cruise but subscribe to this blog to get "the other side of the story."  Many major cruise lines here in Miami understand that. They will respond to our inquiries about issues we write about here and send us press statements. If we have our facts wrong, the cruise lines will call or send us an email.  I will immediately post their statements to set the record  straight, even if the statements are pure PR drivel.  

But Royal Caribbean is different. It is the least transparent cruise line in the business. It refuses to respond to requests for information.  Instead of issuing a corporate statement under its letterhead, it will be sneaky and try and slide in a comment pretending to be a passenger, and an eye witness at that! What kind of reputable PR department acts like this? 

Royal Caribbean's Liberty of the Seas Nearly Runs Over Italian Fishing Boat

The popular cruise blog Noticias de Cruceros reports that yesterday the Liberty of the Seas cruise ship almost collided with a small Italian fishing vessel, the Angelo II based in Civitavecchia, in waters near the port city of Latium on the western coast of Italy.  

According to Noticias de Cruceros, the Royal Caribbean cruise ship was on a collision course with the Angela II, which had deployed its cables and fishing nets and was trawling for fish.  The captain of the much smaller fishing boat radioed the Liberty of the Seas as it was bearing down on the boat, but the cruise ship neither responded nor altered course.  

Royal Caribbean Liberty of the Seas - Near Collision - Angela II Fishing BoatThe captain of the Angela II had to cut all of its cables and nets and execute an emergency maneuver to avoid being run over by the Liberty of the Seas which passed 15 meters (less than 35 feet) away. 

The captain notified the Italian Coast Guard which opened an administrative investigation, which could turn into a criminal investigation if the authorities conclude that the cruise ship ignored its radar and the cries from the fishing vessel via radio and refused to alter course.

The Angela II also alleges economic damages after its cables and nets sank.

The Noticias de Cruceros blog points out that giant cruise ships like the Liberty of the Seas are chock full of sophisticated technical equipment like radar, VHF, electronic charts, GPS, and many other systems. However the problem is that notwithstanding all of this technology, the bridge officers can make reckless decisions like intentionally sailing close to shore (a la' Costa Concordia) or ignoring cries for help (a la' Star Princess) or, in this case, not answering the radio or changing course to avoid a collision with a smaller fishing boat.

The blog concludes that while the cruise industry is considering improvements to its operating procedures, consideration must be given to re-evaluating the staffing of the bridge team and the training of the bridge officers to maintain a proper lookout. 

 

July 8, 2012 Update:  

First Update:  An article about the alleged near-collision in an Italian newspaper can be read here

I have not read any comments by passengers about the incident (like Cruisemates or Cruise Critic) and am curious whether anyone can confirm or deny the newspaper account?  If you were a passenger or crew member on the cruise and have information to share, please leave a comment below. Anyone have photographs or video to share?

Second Update:  The first comment below was sent by someone at Royal Caribbean offices in Miami. Read our article about this sneaky comment: 

Royal Caribbean Posts Bogus Comment to Article Regarding Alleged Near Collision Involving Liberty of the Seas

Third Update:  Cruise Critic reports that Royal Caribbean confirms that "Liberty of the Seas was in close proximity to a small vessel on July 4th."  However, a PR representative for Royal Caribbean told Cruise Critic "We are still working to gather all the facts, so I cannot confirm or deny the information,"

Royal Caribbean's New Port in Falmouth, Jamaica - At What Cost to the Environment?

I have written about Royal Caribbean's new port development in the town of Falmouth Jamaica before. It seems to me that the new development for the cruise line perpetuates the historical master (cruise line) - servant (Jamaica) relationship which continues to exploit the Jamaican people.

My tour of Falmouth reinforced those beliefs.  Most of the profits from goods sold behind the walled gates to the port leave with the cruise ship and return to the cruise line's coffers in Miami.  And most of the cruise passengers who left the Allure of the Seas when it was in port quickly headed out of Falmouth on cruise line excursions to Ocho Rio and Montego Bay.

But this article is not about the economic exploitation of Falmouth. It addresses the environmental consequences to the island caused by trying to accommodate Royal Caribbean's two monster Falmouth Jamaica - Royal Caribbean Port - Reef and Mangrove Destruction (Genesis) class cruise ships, the Oasis of the Seas and the Allure of the Seas - the two biggest cruise ships in the world.

The motivation for this article came from reading an article Can the Cruise Industry Clean Up Its Act? in OnEarth magazine ("A Survival Guide for the Planet.")    

I learned a couple of things from this article.  First, the Oasis and the Allure, even though Royal Caribbean touts them as environmentally friendly ships, are burning the dirtiest and most dangerous fuel in the world - bunker fuel - which is essentially a tar-like refinery by-product.  The non-combustible particles blacken the sky and pose a major health hazard to the health of people in a hundred mile radius.

Secondly, the presence of Royal Caribbean's new mega-ships in the little port required the destruction of some 35,000,000 cubic feet of coral reef and the destruction of two square miles of mangroves which are now buried under the now pulverized reef material.   Quite frankly when I visited Falmouth last year, I was taken back by the destruction I could see. But now I appreciate just how widespread and complete Royal Caribbean's plans were to destroy the reef and mangroves.   OnEarth magazine explains:

"In Falmouth, to accommodate Allure and Oasis, wrecking crews had to smash a quarter-mile-wide opening in an offshore barrier reef. They dredged coral, both living and dead, as well as the rock substrate, and trucked it inland to a two-square-mile dump site -- a clear-cut area on the outskirts of town that was once a thriving red mangrove swamp. Now all that’s left is 35 million cubic feet of pulverized coral and rubble. When I visit the site with Roland Haye, a Jamaican environmental activist, he tells me, "As a boy, I used to play Tarzan here and see crocodile. It was a winter home for great heron and swan." He points out broken conch shells, dismembered starfish, bits of sea sponge, and severed lobes of brain coral."

Port of Falmouth - Reef and Mangrove Damage - Royal CaribbeanAnother problem is that the removal of the natural reef exposes the shore to pounding of the waves. When I visited, I observed that the road from Ocho Rios to Falmouth, previously protected by the reef, was literally covered with water from the encroaching waves. The road was already eroding.  

While reading the OnEarth magazine article, I learned about Esther Figueroa, a Jamaican filmmaker who documented the destruction of the reef and mangroves in order to dig a giant water hole for Royal Caribbean to park its monstrosities of the seas. (Why does Joni Mitchell's song Big Yellow Taxi - "they paved paradise" - come to mind?).

Ms. Figuero's short video is below, at the bottom.

But first take a look at the top video. While looking on YouTube for Ms. Figueroa's video, I also ran across a short promotional video for the Royal Caribbean port by "CruiseGuy," a cruise enthusiast and local cruise celebrity, who was interviewed on a local South Florida TV station. He raves about how wonderful Royal Caribbean's new facility in Falmouth will be. The video shows a beautiful color drawing of a tree filled port nestled between the Oasis and the Allure.    

Compare this cruise dream with the reality revealed by Ms. Figueroa's video on the bottom.  

"Don't it always seem to go
That you don't know what you've got til it's gone
They paved paradise and put up a parking lot"
 

  

 

 

Why Are Royal Caribbean's "Most Technologically Advanced" Cruise Ships Burning Nasty Bunker Fuel?

A couple of years ago I blogged about the nastiest fuel on the planet - bunker fuel.  It's the dredge at the bottom of oil refineries, a nasty tar like substance which is impossible to be completely burned.  It leaves non-combustible particles that blacken the sky and, if inhaled, cause lung disease, cancer, asthma, emphysema.  Cruise ships burn it because it's cheap.  But it presents long term and costly health issues to people around the world who are forced to breathe the cruise ship emissions.

No one in their right mind would burn this stuff in their house or car and you would call the police if your neighbor did.  But this is the cornerstone of the cruise industry.   

When Royal Caribbean brought the new Genesis class cruise ships on line, the cruise line touted the Oasis of the Seas and its sister ship Allure of the Seas as technological marvels. But this weekend while reading an article Can the Cruise Industry Clean Up Its Act? in OnEarth magazine ("A Survival Guide for the Planet.") I learned something new.

Although Royal Caribbean touts the Oasis and Allure as "green" cruise ships, they still burn the world's dirtiest fuel - bunker fuel.  The article states that Royal Caribbean's Allure of the Seas:

" . . . still burns bunker oil, also known as bunker fuel, the dirtiest of all fossil fuels. Today, virtually every cruise ship is powered by this cheap, gelatinous sludge, which presents the single biggest hurdle to an industry that wants to call itself sustainable. As long as Allure guzzles this stuff, she will leave a colossal environmental footprint . . . "  

The article goes on to state that every dollar spent to reduce pollution from ships will create as much as $34 in health benefits. "Cleaner ships will translate into fewer asthma emergencies, heart attacks, and lung ailments, especially among children and the elderly."  But don't expect Royal Caribbean to invest a penny into such health concerns. Cruise lines like Royal Caribbean are neither the stewards of the air nor the protectors of your family's lungs.  

As long as the Oasis and the Allure burn bunker fuel, they are no more technologically advanced than a 1960's tanker.  

Oasis of the Seas Cruise Ship - Pollution - Bunker Fuel

 For additional information about cruise ship pollution, read an editorial in the Seattle Times Cruise Industry Should Comply With New Air-Quality Regulation

Walker & O'Neill Featured in "Top Verdicts and Settlements" for $1,250,000 Verdict for Injured Crewmember Against Royal Caribbean

The Daily Business Review released "Top Verdicts & Settlements" for last year.  You can click on the digital version here.

We obtained the highest award in an admiralty / maritime case in Florida in 2011.  The case involved an injured crew member from Royal Caribbean's Jewel of the Seas who the cruise line sent back to Serbia and then denied her appropriate medical care and treatment.

We flew our client to Miami and arranged for her to see a board certified orthopedic surgeon who recommended surgery.  Royal Caribbean sent her to a local "litigation doctor" who never testifies that injured crewmembers need surgery.

The three arbitrators ruled that the cruise line failed to provide our client with a safe place to work and was 100% negligent for causing her accident.

The arbitrators also found that Royal Caribbean refused to provide prompt and adequate medical treatment to its injured cruise employee, and that its failure to authorize the necessary surgery "lacked any reasonable defense."

The arbitrators awarded our client $1,250,000, the highest amount in a crewmember case last year and the most ever in a cruise arbitration matter.      


Royal Caribbean's FlowRider - Surfing on the High Seas

Royal Caribbean's FlowRider - is it really this easy to surf on a cruise ship?  No. This guy's a pro! It may look like fun but each year there are many serious accidents involving cruise passengers, resulting in broken ankles, hips, necks and even an occasional death.

 

 

For an explanation regarding cruise line liability for injuries on FlowRiders, read our article Wipe-Out! and watch videos showing what really happens to passengers who try to surf on the high seas.

 

Video credit:  Jim Walker (taken aboard Royal Caribbean's Oasis of the Seas)

 

Walker & O'Neill Settles Claim By Royal Caribbean Cabin Attendant

Walker & O'Neill recently settled a claim against Royal Caribbean Cruises on behalf of a seriously injured former crewmember, originally from St. Vincent in the West Indies.

The crewmember was employed as a stateroom attendant for a number of years. Stateroom attendants, also referred to as cabin attendants or cabin cleaners, are required to work long hours and are often assigned over 20 cabins to clean. They are responsible for cleaning the bathrooms, cabin interiors, and balconies on exterior cabins for all of the assigned guests, as well changing the linen and making the beds several times a day. The cruise line also presses them into carrying heavy luggage during embarkation days as well.

Royal Caribbean pays cabin attendants only $50 a month in salary.  The crewmembers are dependent on tips from passengers to make a living.Royal Caribbean Crew - Cabin Attendant - Maritime Lawyer   

The crewmember in question was injured on the Enchantment of the Seas while he was lifting a sofa to clean under it and experienced sharp pain in his lower back. He sought treatment from RCCL's on board medical team.

Unfortunately, the cruise line failed to provide prompt and adequate care and deemed him fit to continue working even though he was in immense pain.

Our firm flew the injured crewmember to Miami where we arranged for him to be evaluated by a board certified orthopedic doctor.  We were successful in reaching a settlement of his claim to compensate him for his injury and resulting pain and suffering, and to provide funds for medical treatment in the future.

Please keep in mind when you cruise on Royal Caribbean cruise ships that the cabin attendants work well in excess of 10 hours a days, 7 days a week. That's over 280 hours a month without a day's rest.

Tip them generously! 

 

Photo credit: Jim Walker (photo used with client's consent)

Miami Lawyers Represent Cruise Passengers Sailing From Florida

The Miami Herald reports today that Florida's cruise ports are booming.

A report from the Florida Ports Council shows that Florida leads the nation in cruise operations.  13.5 million passengers embarked on cruises leaving Florida in 2011.  This figure accounts for 60 percent of all U.S. cruise embarkations. 

The combination of the Port of Miami, Port Everglades and Port Canaveral lead the nation in cruise passengers.  Cruise passengers also cruise from Tampa and Jacksonville.

The majority of these cruise are with Carnival, Celebrity, Norwegian, and Royal Caribbean cruises lines. All of these cruise lines require that any lawsuits or sexual assaults which occur on cruise ships be filed in Miami Florida.  All cruise lines have what are called "forum selection" clauses in the passenger tickets. The Miami based cruise lines like Carnival, Norwegian and Royal Caribbean list United States District Court for the Southern District of Florida as the only location where a lawsuit must be filed.    

The United States Supreme Court addressed this issue and held that forum clauses in Miami are enforceable. In Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 593-96, 111 S. Ct. 1522, l527-28, 113 L. Ed. 2d 622, 631-33 (1991), a passenger from Oregon was injured during a Carnival cruise which left a port in California which sailed to Mexico. The Supreme Court upheld the dismissal of the case which the passenger filed in Oregon.  

This year there have been several well publicized lawsuits filed against Carnival, Costa and Royal Caribbean filed in either Houston / Galveston or New York.  All of these lawsuits will be dismissed Jim Walker - Lisa O'Neill - Walker & O'Neill - Maritime Law Firm Miami Floridabecause they were filed in the wrong courthouse. Carnival and Royal Caribbean must be filed in federal court in Miami, and Costa cases (sailing from the US) must be filed in federal court in Ft. Lauderdale.

Our firm is one of the best known firms in the world representing passengers and crew members injured or the victims of crime on cruise ships sailing from Florida or other ports around the world.

Walker & O'Neill and their cruise clients have appeared in documentaries, television and radio programs and in newspapers about cruise accidents and crimes well over 100 times. Jim Walker and Lisa O'Neill are both cum laude graduates of Duke University. Jim graduated from Tulane law school in New Orleans. Lisa is a cum laude graduate from law school at the University of Florida where she was a member of law review.   They have combined experience of over 56 years.     

$200,000,000 False Imprisonment Lawsuit Filed Against Royal Caribbean, in Wrong Courthouse

There are lots of strange things that happen on cruise ships. I've written many articles about excessive alcohol consumption and aberrant conduct during cruises.  I even created a category of "weird" cruise stories. 

This morning I read an article which fits squarely in the "weird" category.

The New York Post writes about about "two pals" who jetted from New York to Fort Lauderdale to board Royal Caribbean's Liberty of the Seas cruise ship.  But instead of a fun cruise with stops in Jamaica and the beautiful private cruise destination of Labadee, the two men found themselves locked away in the Liberty of the Seas - False Imprisonmentcruise ship's brig, accused of raping a young woman.   

The case involves Eviatar Mor, celebrating his 22nd birthday, and his "buddy," fellow New Yorker David Amsalem, age 26.

After the two men went to bed on the first night of the cruise, Royal Caribbean's security personnel woke them up around 5:00 AM.  The two men claim that they were forced into wearing "prison garments issued by Royal Caribbean" and paraded "through public areas of the ship to a lock-up facility. The Post tells us about their allegedly "grueling" treatment in a “small, windowless cell” after they were accused of raping a passenger.  

The Post quotes Mor saying: "I was in such stress. I can't explain how scared I was."  

The men allege that the alleged victim "recanted" and the ship doctor allegedly found no evidence of a sexual assault, but they were still held in the brig. 

They hired a lawyer, Paul Batista, who filed suit in Manhattan seeking what is described as "at least $100,000,000 each" on allegations including false arrest and imprisonment, assault and battery, and “outrageous conduct causing emotional distress.”

So, what's my take on these allegations?

I don't like to hear about attorneys inserting astronomical demands for money in lawsuits. $200,000,000 for a week in the cruise ship slammer?  This isn't torture in the dungeon in Midnight Express.  The public hates to read about trial attorneys trying to make their clients overnight multi-millionaires based on dubious or overblown allegations.  It's a publicity stunt and it's a bad idea.  Just last week another lawsuit against a cruise line seeking $200,000,000 for 4 crewmembers was filed in New York.  So in one week 6 people are seeking $400,000,000 from 2 cruise lines?

Secondly, the forum selection clause in the men's ticket requires that the lawsuit be filed in Miami, not Manhattan. There is a 100% certainty that the case will be dismissed from the New York court.

Now, let's turn to the men's allegations.  They claim that they were "dressed in prison garments" and "paraded through the ship? Royal Royal Caribbean Prison - Liberty of the SeasCaribbean doesn't have "prison" attire. Even if the cruise line put the men in striped zoot suits, it was 5:00 AM and no one is up that early in the morning anyway. 

For some strange reason, the article makes a point of describing them as "both Orthodox Jews from Israel," with their lawyer accusing the cruise line of "Gestapo tactics inflicted on two innocent men." Nazi-Jew analogies are disrespectful in this context, particularly considering that Royal Caribbean hires many, many security guards from Israel.  I hardly think that cruise line president Goldstein hires Nazi's to oppress Orthodox Jews on his fleet of ships.  

The most disturbing thing about this messy case is the refusal by the two men to state whether they had sex with the woman. If you're really looking for $200,000,000 you better be prepared to talk about some embarrassing issues. Plus consider their lawyer's comments that the rape claim “came from a woman who was drunk and who was plainly goaded into making it by a group of people with whom she was traveling.”

Of course it is highly relevant whether the woman was so intoxicated that she could not consent to sex. Since when is claiming that the alleged victim was drunk a defense to a rape allegation?

The Post quotes Amsalem reminiscing on his experience saying: "The next time we go on vacation, no girls."

Meanwhile, a Royal Caribbean spokeswoman said the men had been accused of “a serious crime,” and that the company “takes all allegations of crime seriously."

Just yesterday I blogged about out-of-control drinking on the Liberty of the Seas and the correlation to sexual assault allegations.  This is the type of mess that comes out of that environment.

Cruise booze.  Allegations of rape, recanted or not?  Allegations of false imprisonment, worth $200,000,000, filed in the wrong jurisdiction?  

Whoever you believe, this is an ugly story.     

May 19, 2012 Update:  Video interview of the two men by local TV station.

Booze Cruise: The Royal Caribbean Way

Its amusing to watch a cruise line caught in a scandal pretend to be outraged over "unfair" media scrutiny.

Royal Caribbean's response to Inside Edition's out-of-control cruise booze expose' reminds me of the the quotation from Shakespeare's Hamlet "The lady doth protest too much, methinks," spoken by Queen Gertrude, Hamlet's mother.

Last week, InsideEdition aired a story "Inside Edition Investigates Cruise Ship Drinking" which took a look at widespread public intoxication aboard Royal Caribbean's Liberty of the Seas cruise ship.  Inside Edition's show contained video depicting:

". . . many passengers pound back booze day and night. In the ship's night club, our cameras spotted people passed out and one passenger face down on the bar. We also observed raunchy dancing and women exposing themselves.

From the moment our undercover producers walked up the gangway, the booze kept flowing. We saw many passengers drinking heavily before and during the mandatory lifeboat drill  . . . 

But the real boozing we witnessed occurred after the Liberty of the Seas set sail when legions of waiters descended on passengers with tray loads of booze pushing the drink of the day."   You can watch the video below:  

 

 

The following day Royal Caribbean's President Adam Goldstein wrote a blog about the Inside Edition expose, calling it "sensationalist" and "highly misleading." He wrote about his cruise line's "SafeServe" alcohol training program and allegedly "strict policies" against over-serving alcohol to passengers.

There is no question that Royal Caribbean has a written policy theoretically designed to curb excessive drinking. But its just that - a policy.  In practice, the waiters and bartenders routinely ignore the policy and push alcohol sales. Its hard to take a cruise CEO's shore-side policies seriously when you watch videos of Royal Caribbean waiters, who work almost entirely on tips, dancing around with bottles of rum on their heads while pouring double shots directly into the passenger's mouths.

Royal Caribbean pays its waiters only $50 a month.  The waiters push booze in order to obtain gratuities.  Profits from aggressive alcohol sales are a fundamental part of the cruise line's "onboard purchases" program.  The cruise line nets hundreds of millions of dollars a year selling booze. If Royal Caribbean was serious about curtailing over-consumption of alcohol during cruises, they would pay the waiters and bartenders a reasonable salary. 

Lots-of-cruise booze translates into lots of cruise profits but higher incidents of sexual assault, drunken brawls and serious accidents including some leading to death.  The alcohol related problems on Royal Caribbean cruise ships date back decades.

In 1994, the LA Times published an article "Boy's Death Raises Issues of Drinking On Cruises."  A 14 Royal Caribbean Cruise Booze - Alcohol  year old boy aboard Royal Caribbean's Majesty of the Seas consumed so much rum and tequila that he literally drank himself to death. The cruise line corporate communications manager at the time responded to the minor's death cavalierly saying "the best advice that you can give is that a cruise is a resort vacation.  It's not a baby-sitting service."

There have been problems with too much booze on Royal Caribbean cruise ships ever since.

The first sexual assault case I handled in the late 1990's involved a 15 year old boy served a dozen glasses of champagne and then molested by a 28 year old Royal Caribbean crew member pedophile.

Perhaps one of the best known cases of an over-served passenger involved another case we handled where honeymoon cruiser George Smith was grossly over-served alcohol.  Royal Caribbean bartenders even provided shot glasses for Mr. Smith and other passengers to quaff absinthe that had been smuggled aboard the Brilliance of the Seas.

The seminal case involving the responsibility of cruise lines in dispensing alcohol is a 2004 case here in Miami called Hall v. Royal Caribbean.  A passenger on a Royal Caribbean cruise ship, according to the opinion, "was injured on the high seas when, after having been served alcohol by the vessel's employees to and obviously past the point of intoxication, he staggered from a lounge, and while unable to look after himself fell down two flights of open stairways."  

The trial court threw the case out saying that the cruise line had no obligation to the drunken passenger. But the appellate court revered, holding that although passengers have a personal responsibility to act reasonably, the cruise lines also have a corporate responsibility of acting reasonably in serving a safe amount of alcohol.

In 2006, a young man from Ohio, Daniel DiPiero, fell off a Royal Caribbean ship when he tried to vomit over the railing which was too low.  The accident was entirely preventable.  Video showed that the young man had passed out in a deck chair but no security had passed by for several hours.

In 2011, another intoxicated young passenger went overboard from Royal Caribbean's Liberty of the Seas after Royal Caribbean over-served him alcohol.

Royal Caribbean Alcohol - All You Can Drink - Cruise Ship In the same year an underage passenger alleged that she was raped on a Royal Caribbean after becoming intoxicated.

Many of the problems with alcohol on Royal Caribbean cruise ships in the past few years stem from its all-you-can-drink-packages,where passengers can drink themselves into a stupor for a daily set price. No cruise line with a genuine concern for passenger safety would market these types of unlimited booze deals.  

With this history in mind, CEO Goldstein's protestations about "sensational" media reports fall on my deaf ears. There is nothing more sensational for a family to learn that their son has gone overboard or their daughter has been raped after Royal Caribbean over-served them alcohol. 

The Inside Edition video speaks for itself.  Little has changed at Royal Caribbean.  The cruise line continues to push cruise booze and makes hundreds of millions of dollars in tax free booze profits in the process. 

At the end of the day, it's the "personal responsibility" versus "corporate liability" debate.  What do you think?

Please leave us a comment below with your thoughts . . .  

May 16, 2012 Update:  The South Florida Business Journal mentions our blog in the article Alcohol vs. Drugs on Cruise Ships

 

Royal Caribbean Crewmember Sues John Travolta For Sexual Harassment

Fabian Zanzi - Royal Caribbean  - John Travolta - Sexual Harassment?This week there has been a whirlwind of media attention surrounding allegations by a masseur that John Travolta sexually harassed and assaulted him in Hollywood earlier this year.  TMZ posted the lawsuit on line. The lawsuit reads like a pornographic paperback.  Travolta denies the lurid allegations in what is being called the "massage lawsuit."    

A second masseur also came out with allegations of similar conduct by Travolta. 

Now, there's a third sexual harassment allegation (actually made before the first two) involving another similar lawsuit recently filed against Travolta - this time by a cruise line employee.

Chilean Fabian Zanzi (photo left via facebook), a former employee of Royal Caribbean Cruises, alleges that in May 2009 Travolta was cruising aboard a Royal Caribbean cruise ship as a guest.

As reported by ABC.es,  Zanzi was working as a manager on the unidentified Royal Caribbean cruise ship and was responsible for taking care of VIP's. Travolta "said he had something on his neck. I thought it was a fuzz. As I approached, he took off his white coat and was naked. He hugged me and asked me to do a massage."  Zanzi said that Travolta offered him $12,000 to have sex with him, but he refused. 

According to Zanzi, he reported the incident to his supervisors at Royal Caribbean who not only did not believe him but confined him to his cabin.  Royal Caribbean later fired him.

Zanzi originally told his story to Peru's 24 Hours. The allegations have been circulating in newspapers in South America.

I suppose it's only a matter of time before TMZ or another TV tabloid picks up on the John Travolta-harasses-cruise-employee lawsuit story.

I have heard rumors over the years about John Travolta sexually harassing crew aboard Royal Caribbean's Enchantment of the Seas cruise ship, although this is the first I have heard of a lawsuit filed by a crewmember.  

Travolta is one of my favorite actors.  He was great in Civil Action.  But I find these allegations quite, shall we say, travolting . . . 

You can hear Zanzi's allegation in the video below: 

 

 May 10, 2912 Update:

Perez Hilton, Huffington Post and a hundred other media outlets have picked up the story.  (It's strange to think of Perez Hilton linking to Cruise Law News).

Travolta's lawyer, Marty Singer, issued a statement that "this is just another ridiculous claim by someone hopping on the bandwagon to get his 15 minutes of fame with a story about something that supposedly happened over three years ago.”  Mr. Singer apparently does not realize that Zanzi made his allegations public before the two other allegations.

May 11, 2012 Update:

A reader of Cruise Law News brought to my attention that Travolta cruised with Royal Caribbean, on the Enchantment of the Seas, in June 2009, out of Miami.  He apparently did not finish the cruise and return with the cruise ship  to Miami.  Instead, he disembarked the ship in Belize and flew a jet back to the U.S.  

May 14, 2012 Update:

TMZ has a link to certain cruise line documents indicating that Travolta was on the Royal Caribbean cruise ship in June 2009.  

 

 

The Cruise Industry is Now Officially Out of Control

Yesterday was one of the stranger days in the weird world of cruising.

Royal Caribbean reported a 40% drop in net income for the first quarter of this year.  Its net income was $47 million, down from $78.4 million a year earlier. Royal Caribbean's CEO Richard Fain attributed the decline in net income on the Costa Concordia tragedy but said that he doesn't think that the effects of the Concordia disaster would be long term. "We did not expect the impact of the tragedy to be long term and we are seeing evidence the effects are waning.”

Perhaps the effects of the Concordia may fade, but not if the the cruise disasters keep coming. A month after Concordia, the Costa Allegra suffered a disabling fire and floated around in waters where pirates lRoyal Caribbean - Reputationike to also cruise. Things like this make families nervous.  Satirist Andy Borowitz published an article "Citing Safety Concerns, Somali Pirates Refuse to Board Cruise Ships - Fires, Capsizings Top Pirates' Concerns, Spokesperson Says."  Lots of cruise fans thought the article was serious.

This last week, the cruise industry has been rocked with the Star Princess scandal, when the Princess cruise ship sailed happily by a disabled little fishing boat drifting 100 miles off coast of Panama. World opinion came crashing down on Princess Cruises (also owned by Carnival) when the public learned that 2 of the young men (one just 16) died due to Princess' nonchalant attitude while several passengers pleaded for the cruise ship to assist the stricken boat.  

Speaking of outrageous conduct, this month started out with news that a Carnival security officer and housekeeping manager (both male) were involved in the strip searching of a girl on the Carnival Sensation which included allegedly making her remove her tampon while they watched.

While Fain was quick to point blame his company's sinking profits on his competitor (Carnival), he didn't mention that one of his cruise ships, the Azamara Quest, suffered an serious engine fire which disabled the vessel last month.  He also didn't mention that he still pocketed $5,900,000. Poor bastard. How can he survive on that?  

But seriously, lets think about this for a moment.  One of Fain's ships caught fire last month and he still makes around $6,000,000 with declining bookings and increased fuel and operating costs while a cruise disaster happens every other week it seems.  Royal Caribbean pays its waiters only $600 a year working over 12 hours a day. So Fain still makes 10,000 times more than he pays a waiter to serve your family.     

CBS indicated that the declining profits at Royal Caribbean were because passengers may be "spooked by the high profile cruise problems."  

Later that evening (last night) an engine room fire broke out on Royal Caribbean's Allure of the Sea. Cruise Law News was the first to report on the cruise ship fire yesterday.  This is the 80th cruise fire in the last 22 years. The Miami Herald, which is a supporter of the cruise industry and rarely covers negative cruise news, passed along the cruise line's PR statement that the fire was "small and quickly extinguished."  Why does that not make me feel any safer?  

The Allure is the largest cruise ship in the world with 7,500 passengers and crew.  All fires start small. Its a bad thing for a small fire to break out on the world's largest cruise ship in the middle of the sea. Like the Carnival Splendor which recently suffering an engine room fire, the Allure is a new ship.  Why are new ships catching on fire?  Most cruise fans could care less. The most important thing to them seems to be whether the fire will disrupt their cruise next week. 

The Miami Herald chose not to report on a blockbuster story which we reported on yesterday.  A Cunard cruise line youth counselor under arrest admitted that he sexually abused 13 boys on three Cunard Cruise Child PredatorCunard cruise ships which he worked on (Queen Mary 2, Queen Victoria and Queen Elizabeth) over the course of four years.  A prolific child sexual predator running amok on the cream of the cream luxury Cunard brand of cruise ships for four years.  The sick pervert also videotaped himself abusing the children on the cruise ships, either for his viewing pleasure later or perhaps for trading with other pedophiles.

If there is a sexual predator on Cunard ships, do you think that there are no perverts taking your child into a bathroom alone on Royal Caribbean and Carnival brands?  Wait a second, Cunard is owned by Carnival here in Miami.  Why wouldn't the Miami Herald report on 13 little boys being diddled on one of the Carnival brands?  You think that your kids are safer on a Carnival fun ship running out of Galveston than a Cunard ship sailing from Southampton?

I shouldn't be so hard on the Miami Herald.  It sold out on any type of investigative journalism a decade ago, and it was not the only newspaper not to report on the cruise line sexual pervert.  Not one other media outlet in the U.S. covered the story.  Only Cruise Law News did.  Major newspapers alternate between being cheerleaders for the cruise lines to being indifferent to something as shocking as 13 little kids targeted and preyed on by a cruise ship employee whose parents entrusted their kids literally into his filthy hands.  

What is going on?

Cruise executives make 10,000 times more than a waiter who works 360 hours a month, and can still rake in $6,000,000 in the worst economy while cruise ships sink, collide and burn around them.  Luxury cruise liners like the love boats of Princess look the other way while people are dying at sea. Newspapers rush out the cruise line's talking points of a supposedly "small and short" fire, but refuse to mention 13 child abused on the most prestigious cruise ships sailing today. A strip search of a girl on the Carnival "fun ships?"

The cruise industry appears out of control to me.

Fire Breaks Out Aboard Allure of the Seas Cruise Ship

Tonight I began to receive text messages from passengers aboard Royal Caribbean's Allure of the Seas stating that a fire broke out in the engine room.  Heavy black smoke billowed out of the stacks. There was initial panic by some passengers. The cruise ship made emergency announcement and altered its course so that the prevailing winds would not blow smoke into the ship.  

There are no reports of injuries to passengers at this time.  The Allure is continuing its cruise and there apparently remains propulsion, electricity, lights, and air conditioning.  The ship is heading from St. Maarten back to Fort Lauderdale, and is somewhere east of Turks and Caicos.  

We do not have a statement from the cruise line at this time.

Allure of the Seas - Cruise Ship FiresIt has not been a good year for the cruise industry, as everyone knows. Just last month there was a disabling fire in the engine room of Royal Caribbean's Quest cruise ship operated by its subsidiary Azamara.   In February, there was a disabling fire aboard the Costa Allegra.

Cruise ship fires are not uncommon. There have been 79 fires on cruise ships since 1990.  This one makes 80 in 22 years.  Almost 4 a year. Read our article "Ten Years of Cruise ship Fires - Has the Cruise Industry Learned Anything?"

If you are on the cruise and have info, photos or video, please leave a message.

Update April 20, 2012:  Several readers pointed out that my reference to and photos on the webcam were dated April 19, 2012 (yesterday).  The webcam is not active now. I deleted the image.  Sorry for the misleading reference to normal events yesterday - but why is the webcam not showing what's going on tonight?  I suspect the cruise line shuts the web cams down during emergencies.

Update April 21, 2012:  Here is the official cruise line PR statement:

"At approximately 7:45 pm (ET) Royal Caribbean International's Allure of the Seas experienced a small and short lived engine fire. The ship's high fog system was immediately activated, which contained and extinguished the fire. There were no injuries to guest or crew. The ship is sailing towards Port Everglades, Florida, where it will arrive on Sunday, April 22 as scheduled."

Royal Caribbean wrote a masterful PR statement.  "Small" fire which lasted "short" time and was "immediately" extinguished.  But let's have some real information?   What caused the fire?  Why did a new ship touted as having new generation technology catch on fire in the first place?   All fires start out "small."  A small fire on a huge ship in the middle of the sea is not a good thing. The 2006 fire aboard the Star Princess started out with a single cigarette smoldering in a towel and then barely erupting, yet it led to 100 cabins being destroyed, one death and multiple injuries.

Did An Explosion Occur Before the Fire on the Allure of the Seas?

We have received some inquiries asking whether an explosion took place in the engine room before the fire broke out.  Does anyone have any information about this claim?  It was mentioned that: "This morning it was reported on the Swedish shipping forum Landgangen that Royal Caribbean's Allure of the Seas Cruise Ship Fire - Explosion - Ship FireALLURE OF THE SEAS experienced an engine explosion/failure last night. According to a Swede who is currently on board, first a loud bang was heard, followed a few minutes later by a tremendous shaking sensation throughout the ship."  Can anyone aboard verify this?  

The Vessel Tracker web site contains a comment that there was a "bang" that preceded the fire and that the vcruise ship drifted between one and two hours before continuing back to South Florida: 

"Passengers of the 'Allure of the Seas' were alerted by a bang on 7.45 p.m. on Apr 20, 2012, followed by development of smoke. Soon afterwards fire instructions were given to the crew. Shortly thereafter the captain informed the passengers that there had been an incident in the engine and that all watertight bulkheads had been closed. The entire section 6, apparently the section that includes Viking Crown Lounge, was evacuated. Some passengers on board were shocked, however, no one was injured. The ship drifted between one and two hours before continuing with the only one functioning machine left after the small and short-lived engine fire was extinguished by using the ship's high fog system which had been immediately activated to contain the fire."

Did the cruise ship really drift for this long?  This could have been very serious if the explosion and fire occurred during a storm.   

Update April 22, 2012:  Some passengers disembarking the Allure today (see comments below) state that there certainly was an explosion in the engine room, initial panic and less than optimal communications.  One passenger commented that Royal Caribbean was down-playing what happened. I am sure that other passengers will leave comments as they are now off of the cruise ship and will be describing what they observed from their home computers.  

A reader brought to my attention that there is an interesting thread of comments on the cruise critic message board by passengers who disembarked, including this one:

"Just got off the Allure and I have to disagree that there was NO panic. The crew were visibly scared as we're many of the passengers. Our cabin steward told us that our hallway had many families in tears and begging for life jackets. We were in the main dining room for our lobster dinner and when you feel a 225000 ton ship shake like that you know something big just happened. The crew were trying very hard to appear in control and they did a good job, but you could seem them passing notes to each other and the concern on their faces. We were finished our dinner, but skipped out on desert because I really couldn't eat much after hearing Bravo bravo bravo and water tight doors closing. We saw many in tears and I felt the need to get my kids away from that and the ridiculous people that laughingly and loudly started talking about the titanic and going down with the ship. We strolled the the Royal Promenade and tried to appear normal for the kids. Communication was good and they did a great job of handling things quickly, but there were lots feeling very unsettled. Very glad it ended quickly."

Another passenger said there were "nervous" people but no panic.  The passenger also commented: " . . . no power from the engines as it appeared we were drifting - this occurred for at least an hour maybe two . . . "  

It will be interesting to hear what other passengers observed . . . anyone have photos or videos of initial reaction of passengers and crew? . . . Please leave a comment below:    

Royal Caribbean Passenger Alleges Sexual Assault During Sailing Excursion in St. Kitts & Nevis

A newspaper in St. Kitts & Nevis, the Observer, reports that police are investigating a sexual assault involving a cruise ship passenger visiting the island last week. on Tuesday.

The newspaper states that the local  police confirmed that a report had been made by a female cruise passenger that she was sexually assaulted while aboard a catamaran tour. The woman was a passenger aboard Royal Caribbean’s Serenade of the Seas cruise ship, which had docked at Port Zante earlier that morning.  According to the Observer:

" . . . the alleged incident took place in the bathroom of the catamaran while it was docked in Nevis. Information received was that the female reported the incident when the vessel returned to St. Kitts at the end of the tour; the young woman was aboard the catamaran with a family member. Police Royal Caribbean Serenade of the Seas - St. Kitts confirmed that she was taken to JNF Hospital where she underwent several routine tests for sexual assault reports."

The following day, the police issued a public statement stating:

"The Royal St. Christopher and Nevis Police Force take all claims of sexual assault very seriously. All claims of sexual assault are investigated and if substantiated, charges are filed against the suspects and arrests are made. So serious is the resolve of the Royal St. Christopher and Nevis Police Force to combat offenses of sexual assault in the Federation, a Special Victims Unit (SVU) was created and staffed with investigators who were trained in both the United States and Canada. Based on the investigation conducted, and information presented by the reporter, there is no physical evidence to substantiate her allegation of a sexual assault. The investigation continues."

It appears unusual for a police department to quickly issue a public statement conveying information from a rape kit analysis in the middle of an alleged investigation.  It makes you wonder if the local police are acting as spokespeople for the tourism bureau.  Part of the problem with rapes during cruises is how quickly the cruise lines and local authorities deny they occur in the interest of protecting their reputations.

The newspaper does not identify the name of the excursion company, the name of the catamaran, or whether this was an excursion sponsored by Royal Caribbean.  The cruise line has a catamaran excursion which you can see here, although it is not clear whether the incident involved this excursion. 

The risk of sexual assault during cruises is real, both on the cruise ships, during water excursions, and ashore.  We have represented young women sexually assaulted during snorkeling and diving excursions as well as in ports of call.    

 

Royal Caribbean Intercepts Cuban Rafters, Again, To Be Deported Back To Cuba

The Miami Herald reports that Royal Caribbean's Oasis of the Seas "rescued" twenty-three Cuban rafters as the cruise ship sailed from Falmouth Jamaica to Cozumel Mexico.

The story was also reported by the online cruise community Cruise Critic which uploaded a YouTube video about what it is also calling a "rescue."  Cruise Critic says that one of the onlooking cruise passengers can be heard saying, "it's lobster night tonight. Going to be eating pretty well tonight" and laughing.

Unlike the happy images projected by these cruise friendly publications, the Cuban rafters were hardly "rescued."  It is Royal Caribbean's policy to always report rafters to the U.S. Coast Guard with the result that the rafters are sent back to Cuba.  Here the Coast Guard instructed Royal Caribbean to turn the rafters over to the Mexican authorities who, in turn,will deport them to Cuba.

Eating lobster on the luxurious Oasis and then entering the U.S. through Mexico?  I don't think so.  

Eating swill in a Cuban jail?  More likely.

It must be a frustrating process for desperate Cuban families who find themselves sent right back to Cuba after risking their lives to come to the U.S. for freedom and better lives for their children.

It is a very weird proposition that a cruise line registered in Liberia, Africa, operating a cruise ship registered in the Bahamas, would intercept a boat full of people in international waters on behalf of the U.S. Coast Guard and turn them over to Mexico to be deported back to Cuba. Some news accounts suggest that the rafters were not even trying to get to the U.S., but were trying to go to Honduras.     

In the last two years, Royal Caribbean cruise ships, the Oasis of the Seas (twice), Allure of the Seas, Monarch of the Seas and Navigator of the Seas, have intercepted Cuban rafters five times:

Royal Caribbean Intercepts Cuban Immigrants

Allure of the Seas "Rescues" Migrants Fleeing Cuba

Happy Fourth of July - Enjoy Your Freedom

Christmas Dreams in Miami of Cuban Rafters Crushed By Cruise Ship "Rescues"        

 

 

Video credit:  Spensafi / YouTube

"Attacked at Sea" - the Dark Side of Cruising

NBC Bay Area aired a cruise crime special last night regarding the problem of sexual assaults at sea. The program is called "Crime Onboard - The Dark Side of Cruising."

NBC reports that although cruising is one of the most popular ways to travel and vacation, passengers are often left in the dark about the risks out at sea.  One problem is how many reported crimes are actually made public. The investigation concludes that shipboard crimes are often unreported, covered-up or not accessible by the public.

The program begins with cruise passenger Laurie Dishman who was sexually assaulted on a Royal Caribbean cruise ship who was sexually assaulted by a part time security guard with a history of sexually harassing women during cruises.  We represented Ms. Dishman in a lawsuit against the cruise line.  

 

 

You can watch the video interview with Ms. Dishman's Congresswoman, Doris Matsui, here

 

Video credit:  NBC Bay Area

Coast Guard Busy Rescuing Sick Cruise Passengers: Three Medevacs in Ten Days

The United States Coast Guard has been busy rescuing ill passengers from cruise ships over the past week. 

Today a newspaper in North Carolina reports that a Coast Guard helicopter medevaced a 49 year old woman from the Carnival Pride cruise ship.  The ship was near Virginia at the time of the emergency medical evacuation.  The medical condition of the passenger was not disclosed.

An MH-60 Jayhawk helicopter crew from Air Station Elizabeth City, launched to assist, hoisted the woman and ship’s nurse and took them to Sentara Norfolk General Hospital in Norfolk.

Yesterday, the Coast Guard dispatched a helicopter from Belle Chase (near New Orleans) into the Gulf of Mexico to rescue a man aboard Royal Caribbean's Voyager of the Seas cruise ship.  According to a newspaper in New Orleans, a MH-65C helicopter flew 132 miles into the Gulf to medevac the passenger who was experiencing stroke-like symptoms. The Coast Guard then transferred the passenger to Touro Infirmary in New Orleans.

Last week, the Coast Guard medevaced a man from the Crown Princess, operated by Princess Cruises.  I don't have any information about this medevac. Does anyone have any information about this event or the other two medevacs?

A video of the Crown Princess rescue (credit tigertran01/youtube)  is below. 

 

Royal Caribbean Crew Member Pleads Guilty to Sexual Abuse of 14 Year Old Passenger

A Royal Caribbean crew member has pleaded guilty to the sexual abuse of a 14 year old girl during a Caribbean cruise.

25 year old Fabian Palmer admitted engaging in sexual relations with the girl during a cruise from Baltimore in December 2010.

Crew member Palmer was employed by Royal Caribbean as a pool attendant and interacted regularly with passengers during cruises.  He met the girl and her family earlier during the cruise. 

Palmer took the child into a men's locker room on the Enchantment of the Seas and engaged in sexual acts in the bathroom.  You can read more about this crime, and similar incidents, in our Fabian Palmer - Royal Caribbean - Sexual Abuse of Minorarticles BUSTED! Another Crew Member Arrested for Allegedly Raping on Cruise and Royal Caribbean Crew Member Arrested for Sexually Abusing 14 Year Old Girl.  

He faces imprisonment with a maximum sentence of 15 years.  His sentencing is June 29th in Baltimore. 

As part of the plea agreement, the crew member must register as a sexual predator where he lives and where he works.  To my knowledge, there are no sexual predators databases or programs in Jamaica where Palmer is from.   

In an unusual move, it was the Federal Bureau of Investigations (FBI) which issued the press statement announcing the guilty plea.  The FBI has increasingly been criticized for its reluctance to involve itself in shipboard crimes.  

 

Photo Credit:  Fabian Palmer facebook

Busted for Buggery: Controversy Follows Another Atlantis Gay Cruise

Another Atlantis gay cruise resulted in public controversy yesterday when police in Dominica arrested two passengers on the Celebrity Summit on suspicion of indecent exposure and “buggery” (sodomy).

Someone on the dock supposedly observed the passengers having sex on the cruise ship. The two arrested passengers were men in their 40's from California. Newspaper accounts suggest that if convicted, each one could be fined and face jail time up to 6 months.

The Celebrity cruise ship has been chartered by Atlantis Events, which specializes in gay travel.

Atlantis Events - Gay Cruise - Celebrity SilhouetteFive Atlantis cruise with Royal Caribbean / Celebrity Cruises have been plagued by arrests or deaths.

Last month, a young man went overboard from Royal Caribbean's Allure of the Seas cruise ship off of the coast of Mexico during an Atlantis cruise.

One year ago, a passenger, Steven Barry Krumholz, was busted for selling a large amount of drugs during a gay cruise on the Allure of the Seas.  

Two years ago, a young man died during a Royal Caribbean - Atlantis cruise aboard the Liberty of the Seas while it was in the Caymans.

Three years ago, a GLAAD board member died of an apparent drug overdose on Royal Caribbean's Mariner of the Seas

This latest incident takes the controversial history of the Royal Caribbean - Atlantis relationship into the realm of the absurd.  With as many sexual assaults of women which occur on Royal Caribbean / Celebrity ships with no arrests or prosecutions during straight cruises, it is bizarre to think of passengers being arrested for engaging in consensual sex like this.  

 

Photo credit:  Alamy via Mail OnLine

Norovirus Hits Royal Caribbean's Independence of the Seas

Independence of the Seas - NorovirusA reader of Cruise Law News in the U.K. alerted me to an article in the Daily Echo that one of Royal Caribbean's cruise ships based in the U.K. has been hit with a break out of norovirus: 

"Thousands of holidaymakers due to set sail on board a Southampton-based cruise ship were hit by delays yesterday after norovirus hit 117 passengers and three crew on the liner’s previous cruise.

They were delayed boarding Royal Caribbean ship Independence of the Seas until 3pm so that her cabins and the cruise terminal could be sanitized.

She set sail just after her scheduled 7 PM departure."

Were you on this cruise?  How did the cruise line handle the outbreak?  

Please leave a comment below.

March 7, 2012 Update:

Professor Ross Klein's website has this quote from a passenger:

"We have just returned today 06.03.12 from an 11 day cruise on Independence of the Seas.  We were asked to check in late (15.30), by email.  We were left standing in corridors, the check in lounge and even outside for about three hours. They kept apologising for the delay over and over again.

While we were on the ship the staff were constantly sanatizing all handrails chairs and tables, the shops were sprayed every night.  Each time someone entered the toilet a voice would say"Stop don't forget to wash your hands."  When you sat down to dinner then someone would announce that we were on a high state of alert for Norovirus and to please wash your hands. We were handed wipes each time you entered a venue. We were not allowed to put condiments on our food the waiters etc had to do it for you. They even had to put the milk in you coffee and handed you sugar packets with tongs. We felt like lepers and it spoiled the whole holiday.

must say that the crew had to work extra hard but they always had a smile for us, but they must all be shattered."

 

Photo credit:  Daily Echo

Oy Vey! Royal Caribbean's Deep Throat Returns to the News

Yesterday the Third District Court of Appeal of Florida issued an opinion which revisited the infamous "deep throat" case involving a corrupt claim supervisor at Royal Caribbean and a crooked Miami maritime lawyer.

The case is entitled Wingate v. Celebrity Cruises, Ltd. and is available online here

You will recall that the case involved a local Miami lawyer, Jerrold Wingate, now disbarred, whose "investigator" was paying bribes to the former crew claims supervisor at Royal Caribbean / Celebrity Cruises who the crooked law firm called "deep throat."  Mr. Wingate had a thriving business representing some 77 crew members against Royal and Celebrity.   For a $500 bribe, the cruise line supervisor would tell  the lawyer the amount of the settlement authority on a Royal Caribbean Cruises - Deep Throatcase and then the lawyer would not settle for a penny less.

Your can read my article: Royal Caribbean's Deep Throat

Everyone got caught.  A local judge ruled that the lawyer involved in the scheme would not receive any fees or costs spent on the cases.  But Wingate went behind the judge's back and entered into a secret agreement with new lawyers for the crewmembers to obtain fees and costs.  Wingate got caught again.  The judge found him in criminal contempt and reported him to the Florida Bar which eventually disbarred him. 

Wingate filed an appeal of the denial of his efforts to obtain fees and costs after the judge said "I am not going to give him a nickel."  He lost the appeal. 

Undaunted, Wingate filed yet another motion to try and obtain costs he advanced on some of the cases.

Yesterday, the appellate put its foot down and said enough is enough.  In denying the appeal, the appellate court held:

"Mr. Wingate was evidently unfazed by the order of criminal contempt, undaunted by the Chutzpahunsuccessful appeal of that order, and undeterred by the disciplinary proceedings and his ultimate disbarment. Four days after this Court issued the mandate in the first appeal, and in what appears to be a textbook example of legal chutzpah, Wingate filed a motion with the trial court for disbursement of costs .  .  . (emphasis added)

In a footnote, the court explained exactly what it meant by "chutzpah:"

"[T]his expressive Yiddish word appears in modern English dictionaries as meaning `colossal effrontery' or `brazen gall' but as stated in The Joys of Yiddish by Leo Rosten, "The classic definition of `chutzpah' is that quality enshrined in a man, who having killed his mother and father, throws himself upon the mercy of the court because he is an orphan."

Family of Overboard Passenger From Allure of the Seas Asks Public For Information

A blogger of international news at the Examiner, Edward Owens, published an interesting article today regarding the disappearance of a passenger from Royal Caribbean's Allure of the Seas cruise ship.  

You will recall that last week, Irish cruise passenger Kenneth John Gemmell went overboard from the balcony of his cabin on the eleventh deck of the Allure cruise ship.  The initial reports stated that he "fell," although the cruise line was quick to issue a statement that a review of the ship's closed circuit television cameras eventually indicated that the passenger "intentionally" went over the railing.

We reported on the incident on February 3rd and have been updating the story since then.

Did Royal Caribbean Send A Crewmember Home After The Incident?

Kenneth John Gemmell - Allure of the Seas - MissingMr. Owen's article contains a new twist, perhaps, to the incident.   Mr. Gemmell may have argued with a Royal Caribbean crewmember at some point before he went overboard.  The crewmember then allegedly left the vessel in Cozumel.  Mr. Owens writes:    

The family says that some information has already come their way. One party told them that Kenneth may have been arguing with a ship's crew member (perhaps a bartender) in one of the bars late Thursday night or early Friday morning. They were also told that the crew member, a man they understood was sharing a room with a Canadian citizen, left the ship in Cozumel. 

Is this gossip or accurate information?  If this is true, then the crewmember would have been removed from the cruise ship before the law enforcement authorities or representative of the flag state (Bahamas) boarded the cruise ship when it returned to port in Fort Lauderdale two days later.   If you know anything about this, please leave a comment below and contact the family.

Family Seeks Information

Mr. Gemmell's family is seeking answers to the circumstances surrounding their son's death.  The article states that they are issuing an appeal to anyone on board the ship who might have met their son during the cruise.  They especially wish to hear from the passenger who witnessed him going overboard. 

Anyone who has information about this tragedy is asked to email the family spokesperson at the following email address: michael@mhynes.com 

 

Story credit:  Examiner

Photo credit:  Kenneth John Gemmell - Anglo Celt newspaper

Norovirus On Royal Caribbean's Voyager of the Seas Sickens 200 Passengers - Fifth Cruise Ship Sickness Outbreak This Year!

Voyager of the Seas - NorovirusWhile reports of five hundred sick passengers aboard two of Princess Cruises' ships sailing to Fort Lauderdale (Ruby Princess and Crown Princess) dominate the news here in South Florida, a newspaper in New Orleans is reporting that over 200 passengers were stricken with norovirus on a Royal Caribbean cruise ship this weekend.

This means around 700 people on these three cruise ships are battling diarrhea and vomiting.

The norovirus outbreak aboard Royal Caribbean's Voyager of the Seas caused delay of the cruise ship's departure from New Orleans   According to WDSU.com, 20 of the over 200 affected passengers on the ship were quarantined in the port as a result of their illness.

The delay was around two hours Saturday evening as cleaning crews tried to sanitize the cruise ship.  It is impossible to adequately sanitize a ship this large in such a short turn around, assuming the norovirus is not in the cruise ship's food or water.

Yesterday we reported on norovirus outbreaks on the Ruby Princess and Crown Princess.

Last year, there were 14 sickness outbreaks on cruise ships calling on U.S. ports.  So far, in the first five weeks of this year, there are already five outbreaks.

With the Costa Concordia disaster and several other overboards, deaths and shipboard rapes, the cruise industry is off to a rough start in 2012.

Were you on the Voyager of the Seas?  Please leave a comment below and let us know how the cruise line handled the outbreak. 

November 11, 20122 Update:  Passengers report a large norovirus outbreak on the Voyager of the Seas as it sailed to Australia.

November 23, 2012 Update: The norovirus continues to infect unsuspecting passengers aboard the Voyager of the Seas in Australia. This time throughout the November 5 tp 23, 2012 18-night sailing returning to Sydney.

 

Photo credit: Kerry Maloney  / NOLA.com / Times Picayune

When Will Royal Caribbean Replace the Dangerous Stairs in the Catacombs Lounge on the Liberty of the Seas?

Last week, a Royal Caribbean guest fell while trying to descend a stairwell in the Catacombs lounge on the Liberty of the Seas cruise ship.

We wrote about the incident in our article: Royal Caribbean Passenger Falls & Dies on Liberty of the Seas Cruise Ship.

A number of former passengers aboard this cruise ship left comments to our article:

Stairs Catacombs Nightclub - Liberty of the Seas Cruise Ship. . . those stairs are so dangerous, why would they have stairs like this at a bar?????? while drinking is going on etc! No traction, no carpet,  Nothing . . . 

. . .  they looked dangerous and slippery.  Pretty? Yes - but dangerous . . .

. . . they are incredibly dangerous!!! . . .

. . .  those stairs, are EXTREMELY Dangerous.  Even from the picture you can see that they have little to no tread and no skid protection.  Mix that with heels, lack of bright lighting, drinking, and possible spillage..and you have a recipe for disaster . . .

Well, disaster did strike, and cruise passenger Barbara Wood died as a result.  Was this a freak accident?  No.  Royal Caribbean knew before this latest accident that these stairs pose a danger to their guests.  It has been sued before. 

One of the Miami maritime lawyers who I regularly consult with, Glenn Holzberg, filed a lawsuit against Royal Caribbean for a fall on these steps.  The lawsuit which Glenn filed alleges that back in September 2007, a cruise passenger: 

 . . . was on board the Liberty of the Seas, when she slipped and fell down the stairway within the Catacombs Lounge leading to the deck below, causing her to repeatedly strike her forehead and face and resulting in serious and permanent damage including a concussion, and closed head injuries. The direct and proximate cause of the fall was the condition and design of the stairway and individual stairs, making it difficult to distinguish one step from another, and the darkness in the Catacombs lounge leading to and surrounding the stairway . . .

Did Royal Caribbean make any changes to the stairwell after this earlier serious accident over the past 4 years?   Did it improve the lighting conditions around the stairwell?  Did it place any warning signs around the area? 

How many other passengers have been injured at this location? 

How many more injuries and deaths will it take before Royal Caribbean replaces these pretty but dangerous steps?

 

If you sailed on the Liberty and experienced difficulties with these steps, please consider leaving a comment below.

 

Photo credit:  Sean Lloyd (Flickr)

Passenger Overboard from Royal Caribbean's Allure of the Seas

Allure of the Seas OverboardThe AP is reporting that a Irish cruise ship passenger went overboard from the Allure of the Seas, which is the world's largest cruise ship cruise ship.

(Update: If you are searching for the overboard involving a twenty-one (21) year old woman from Bartlett Tennessee who disappeared on September 16, 2012 from the Allure, click here.)

Royal Caribbean states that another passenger allegedly saw the British passenger, age 30, go over the railing from his stateroom on the Allure.  The cruise line then apparently verified the overboard by viewing images from closed circuit television.  

The incident occurred as the cruise ship was heading to Cozumel.  Announcements were made around 6:45 AM.  The cruise ship then stopped off the coast of Mexico near Cozumel. and participated in a brief search.  The ship was to depart tonight at 8:00 PM tonight and was scheduled to be at sea tomorrow, with a return to Fort Lauderdale on Sunday.

There are rumors that the passenger may have left a suicide note and then stepped on a table and went overboard.

The last British citizen who disappeared in international waters near Mexico is Rebecca Coriam, a Disney cruise member employed as a youth counselor aboard the Disney Wonder.    

The last reported incident aboard the Allure of the Seas involved multiple rapes earlier last month

The cruise ship was under charter by Atlantis, which hosts parties for the gay and lesbian community.  The Allure had sailed from South Florida on January 29, 2012 to Labadee Haiti, Costa Maya Mexico, and then to Cozumel. 

In the past, the Atlantis - Royal Caribbean cruises have been marred by controversy, with drug overdoses, suicide, and a travel agent busted for selling drugs (arrested with 142 ecstasy pills, 3 grams of methamphetamine, ketamine and about $51,000 in cash).  You can read about these incidents below.

One year ago:  Passenger Busted for Selling Drugs on Royal Caribbean's Allure of the Seas

Two years ago:  Another Death on a Royal Caribbean - Atlantis Cruise

Three years ago: GLAAD Board Member Dies Aboard Royal Caribbean's Mariner of the Seas

And don't forget to read:  Is Royal Caribbean Ready for Medical Emergencies During the World's Largest Gay Cruise?

Does anyone know what happened on this latest Atlantis cruise party?

 

Allure of the Seas Atlantis Cruise

 

Photo credit:  Atlantis Events

Royal Caribbean Passenger Falls & Dies on Liberty of the Seas Cruise Ship

Liberty of the Seas - Catacombs News sources are reporting that a passenger died aboard a Royal Caribbean cruise ship this morning after falling down a staircase. 

Massachusetts resident, Barbara Wood, age 47, reportedly was leaving the Catacombs nightclub aboard Royal Caribbean’s Liberty of the Seas at about 1:48 a.m. when she fell on the stairs and struck her head, according to a statement by the Broward County Sheriff's office. 

Ms. Wood was taken to the ship’s infirmary where she was pronounced dead at 2:50 a.m., according to the Sheriff's office.  Sheriff’s deputies met the cruise ship when it docked at 5 a.m. at Port Everglades in Fort Lauderdale. 

The Royal Caribbean PR spokesperson stated that the company would not speculate on what caused the accident. 

It should be noted that there should be closed circuit television (CCTV) maintained by the cruise line which should have captured the accident and should reveal exactly what happened.  It is less than clear where the accident occurred although the stairs around this club are extremely decorative. 

Any time an accident occurs late at night and near a nightclub, there is speculation that alcohol may have been involved.  This is nothing new.  Alcohol sales are a fundamental part of the cruise Liberty of the Seas - Royal Caribbean Cruise Ship - Catacombs experience, and alcohol is often pushed by the cruise lines. 

Royal Caribbean has undoubtedly already carefully reviewed this passenger's onboard purchases and determined exactly how many alcoholic beverages, if any, she purchased last night.  The cruise line will also have reviewed the CCTV images and interviewed those at the scene of the accident.  

To the extent that alcohol played any part in the accident, the maritime law regarding the liability of cruise lines is well settled.  In Hall v. Royal Caribbean, a passenger "was injured on the high seas when, after having been served alcohol by the vessel's employees to and obviously past the point of intoxication, he staggered from a lounge, and while unable to look after himself fell down two flights of open stairways." 

The appellate court reversed the trial court's dismissal of the case, finding that the dismissal "must be reversed because the complaint clearly stated a cause of action for breach of the defendant's duty to exercise reasonable care for the safety of its passengers."  

If you were on the cruise and have additional information to add, please leave a comment below.

February 4, 2012 Update:

This i snot the first serious accident on the Liberty o fthe Seas involving the Catacombs stairwells: When Will Royal Caribbean Replace the Dangerous Stairs in the Catacombs Lounge on the Liberty of the Seas?

 

Photo credit:  Bottom photo - skinnie minnie / Flickr page

Royal Caribbean Cruise Passengers Injured During Excursion in St. Thomas

A cruise sponsored open safari bus excursion from a Royal Caribbean ship crashed in St. Thomas, resulting in injuries to cruise passengers. 

The passengers were traveling from the Serenade of the Seas cruise ship in the safari bus when the open air bus lost control going down an embankment.

Royal Caribbean stated that eleven of the passengers were immediately transported to a local area hospital.  The Royal Caribbean PR person, Cynthia Martinez, stated that "ten were treated for minor injuries, two were uninjured, and one was seriously injured."  Twelve of the 13 passengers Serenade of the Seas - St. Thomasreturned to Serenade of the Seas and will continue on the sailing.

One passenger sustained a fractured hip and remains in St. Thomas for further medical treatment.

Royal Caribbean stated that the cruise passengers were participating in the "Best of St. Thomas and Shopping" shore excursion. 

Accidents like this are not as uncommon as the cruise lines will admit.  Two years ago a young man from a Princess cruise ship was killed and numerous passengers were injured in a cruise bus excursion in Tortola - Excursion Tour Bus Crash In Tortola Injures Princess Cruises' Passengers From Caribbean Princess.

The previous year, a dozen passengers from Celebrity Cruises' Summit cruise ship were seriously injured when an open air excursion vehicle ran off the road in Dominica.  We represented passengers against the cruise line and the excursion company in that accident.  Information on the Dominica excursion accident is contained in an article "Injured Visitors to Dominica Airlifted to Miami."

"Open air safari" buses and other similar vehicles in the Caribbean are often designed without seat belts or shoulder harnesses, and the vehicles are also often substandard and poorly maintained. 

It remains to be seen whether this vehicle was properly equipped and maintained.

Update:

The Virgin Islands Daily News reports that there was much more to the accident than admitted by Royal Caribbean.  The newspaper reports that a "safari taxi carrying 13 cruise ship tourists on a shore excursion darted from Skyline Drive on Friday morning, levelling mailboxes, striking a parked SUV, launching itself over the ridge and plunging 65 feet into thick bush.   . . . The crash broke one woman's hip and caused a cut on one passenger's forehead that required stitches."

Taxicab Commission Executive Director Judith Wheatley said that there have been several recent accidents which have "put safari safety into the spotlight."

Royal Caribbean President's Email Blast Insults Crime Victims

Yesterday one of my clients, who I will call Jane Doe, contacted me after receiving an unsolicited email from the President of Royal Caribbean Cruises, Adam Goldstein.

The e-mail addressed her by her first name.  It seemed to be personalized to her.  It recognized her as a past customer and contained statements like:

"At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history Royal Caribbean Cruises  - Adam Goldstein illustrates our commitment to the safety of the millions of guests and crew that sail on our ships."  

President Goldstein's email outraged Jane Doe.   You see, she had just returned home with her young daughter who had been raped on President Goldstein's cruise ship, the Allure of the Seas.  

Goldstein's unsolicited email to a rape victim's mom had nothing to do with the humiliating shipboard rape suffered by Jane Doe's daughter, one of many rapes of children on the Royal Caribbean fleet over the years.  Instead, it was part of this cruise line's media campaign to try and distance itself from the negative fall out following the deadly Costa Concordia disaster.

Royal Caribbean is the only cruise line making such public statements following the Concordia crash.  You can watch Royal Caribbean's slick video touting the safety of cruising here.  President Goldstein's blog is here.  "Safety is in our DNA."  "Cruising is the safest form of transportation."  "The safety and security of our guests is our highest priority."  Royal Caribbean covered all of the cruise industry's talking points in its video, the president's blog and its e-mail blast below.    

Of course, in truth, Goldstein's email was not a personalized message to Jane Doe.  He does not know her from the man in the moon, even though her daughter was raped on the cruise line's showpiece megaship and the biggest cruise ship in the world. 

Royal Caribbean spammed Goldstein's email to every single family who had sailed with them.  This was an intentional and reckless stunt, considering that hundreds of women and children have reportedly been sexually assaulted during Royal Caribbean cruises over the years.  Certainly, the cruise line knew that its former customers who are victims of crime, and whose names remain in its customer database, would feel salt being poured into their wounds upon reading Goldstein's email in their personal email accounts.      

Insensitive & thoughtless, if not outrageous?   Definitely.  But Goldstein is not thinking of his customer's feelings.  He is motivated by his cruise line's bottom line.  He wants to reassure his customers that it is safe to return to cruising, whether that is true or not. 

This is hardly the first time this has happened.

In 2006, one of my clients, Laurie Dishman (photo right), was brutally raped by a part time Royal Caribbean security guard with a Royal Caribbean Crime Victim Laurie Dishman prior record of sexually harassing passengers.   She retained us to represent her.  I sent a handful of letters to President Goldstein, asking for our client's medical records, her statement, and the name and address of the Royal Caribbean employee who raped Laurie.  We received nothing in response.  Goldstein ignored us.

The only things Laurie initially received from Royal Caribbean were unsolicited emails inviting Laurie to return for another "cruise of a lifetime" on a Royal Caribbean ship.  The emails continued for over a year.  Each email popping into her computer's email in-box took Laurie back to the scene of the crime and reactivated a sense of panic and stress.  It was only after a half dozen letters of protest from us, and a Congressional investigation into the crime initiated by Laurie's Congresswoman in 2007, that the cruise line scrubbed her from its marketing database.

We pleaded for Royal Caribbean to implement a system to remove a passenger's information from the company's marketing database whenever a passenger was raped, killed or lost a loved one overboard during a cruise.  Believe me, cruise vacationers don't want promotional brochures in their mail boxes after a family member has been raped or lost at sea.    

It looks like Royal Caribbean ignored that request too. 

President Goldstein's blog talks in grandiose terms about the Costa Concordia crash being a "defining moment" for the cruise industry.  He promises a renewed commitment to passenger safety.  Let's hope that's true. 

But when a cruise line president sends an e-mail blast to the mother of a child raped during a cruise, you wonder whether cruise line executives like Goldstein really get it.   

 

Photo credits:

Adam Goldstein - Royal Caribbean Flickr page

Laurie Dishman - Sacramento Bee

 

ROYAL CARIBBEAN EMAILS ADAM GOLDSTEIN'S LETTER TO MILLIONS OF CRUISE CUSTOMERS:

Dear XXX, 

All of us at Royal Caribbean International continue to extend our heartfelt sympathies to those affected by Carnival Corporation's recent tragic incident on the Costa Concordia. As a Crown & Anchor Society member and loyal Royal Caribbean guest, we know you may have some questions as the situation continues to unfold.

At Royal Caribbean International, the safety and security of our guests and crew is our highest priority. It is fundamental to our operations. Our maritime safety record over our 42-year history illustrates our commitment to the safety of the millions of guests and crew that sail on our ships. The measures we take in the interest of safety are many, often exceeding the regulatory requirements – these are all part of our ongoing commitment to innovation and continuous improvement in every aspect of our business.

To address some of your questions and concerns, here is a video that will provide an overview of safety onboard our ships; the training of our crew, officers and captains; and the many regulations that govern our practices. Click here to watch.

As a past cruiser, we know your friends and family may be asking about your own time at sea. We hope that you'll share this video along with your personal Royal Caribbean experiences with them, and reinforce that cruising continues to maintain the best safety record of any industry in travel.

Thank you for your continued support and we look forward to welcoming you aboard again soon on one of our ships sailing to 270 destinations worldwide.

Sincerely,

Adam Goldstein
President and CEO
Royal Caribbean International

BUSTED! Another Cremember Arrested for Allegedly Raping Girl on Cruise

Yesterday we published an article about a Royal Caribbean crew member who sexually assaulted a 14 year old girl aboard the Adventure of the seas cruise ship.  You can read about the alleged crime here

You can read the criminal complaint and violence of the alleged act here.

This case involves a Roal Caribbean "pool attendant" Fabian Palmer who seems to befriendly with all ages of the opposite sex.

The mugshot of the arrested Royal Caribbean crewmember is below:

Fabian Palmer - Royal Caribbean Cruise - Sexual Assault  

Read our prior article: Royal Caribbean Crewmember Indicted For Sexually Abusing 14 Year Old Girl

Think sexual assault of children is "rare" as the cruise lines want you to believe?  Consider reading these articles:

Sexual Assault of Children on Cruise Ships - A Problem the Cruise Community Wants to Forget

Why Cruises are NOT the Best Vacations with Kids

Should Travel Agents Be Liable For Falsely Representing That Cruises Are Safe For Kids?

Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship

Top Ten Reasons Not To Cruise: No. 1 - Cruise Lines Are A Perfect Place To Sexually Abuse Children

Celebrity Cruises Crew Member Arrested on Child Porn Charges  

Cruise Ship Sexual Assault: Carnival Bartender Gets Three Years For Raping Fourteen Year Old Passenger

Royal Caribbean Crewmember Indicted For Sexually Abusing 14 Year Old Girl

Fabian Palmer - Royal Caribbean - Sexual Abuse of MinorThe Baltimore Sun reports today that a Grand Jury in Baltimore, Maryland indicted a Royal Caribbean crewmember of sexually abusing a minor during a cruise ship out of Baltimore. 

According to a complaint filed in U.S. District Court in Baltimore, crewmember Fabian Palmer, age 25, befriended a 14 year old girl and her family during a cruise that departed from Baltimore on December 17, 2010.

The newspaper reports that on December 23, 2011, the victim told authorities that she was alone on a deck on the cruise ship when crewmember Palmer took her into a men's locker room and "began having sex with her."  He stopped only when another employee knocked on the door.

The cruise ship's CCTV video cameras captured images of the crewmember, the victim and a second employee outside the locker room around the same time that the victim said the abuse occurred, according to the newspaper.  During an interviewed by Royal Caribbean security, Fabian Palmer - Royal Caribbean - Sexual Assault - Cruise Ship crewmember Palmer admitted having sex with the girl, but claims that he believed that she was 16.

The newspaper does not identify the cruise ship, but it appears that it involved the Adventure of the Seas.

The Grand Jury returned the indictment yesterday.

The FBI has special maritime jurisdiction to investigate crimes like this involving U.S. citizens on the high seas.  An adult engaging in sexual intercourse with a 14 year old minor is in violation of federal law and is considered to be "sexual abuse" which can be prosecuted by the Department of Justice. 

Mr. Palmer's facebook page indicates that he is from Jamaica and worked as a pool attendant on Fabian Palmer - Royal Caribbean - Cruise Ship Sexual Abusethe Royal Caribbean cruise ship.  His facebook page shows him fraternizing with numerous women around the cruise ship pool and other areas of the ship.  The photos are all from his facebook page.

This incident comes at a time when the international media is reporting on the rape of a 15 year old girl on another Royal Caribbean cruise ship, the Allure of the Sea.

The newspaper reports that Royal Caribbean did not immediately respond to a request for comment today.

A similar incident occurred in November on a Carnival cruise ship when a crewmember identified as Kert Clyde Jordan, age 35, a waiter from the country of Grenada, took a 14 year old child into a bathroom on the Carnival Liberty cruise ship. 

He was indicted on sexual abuse and is in jail in Miami awaiting trial.  

You can read about that incident here and here.

Do you have information about any of these crewmembers or incidents?  Please leave a comment below.  

Fabian Palmer - Royal Caribbean - Sexual Abuse of Minor

International Media Focuses on Royal Caribbean Cruise Rape Case

Over the past week there has been a steady stream of articles in the international press regarding the sexual assault of a 15 year old girl by two Brazilian passengers aboard the Allure of the Seas.

The Mail Online newspaper in the U.K. published an article Vacation Nightmare As Daughter, 15, On A Family Christmas Cruise 'Is Lured From A Teen Dance And Raped By Two Men In A Private Room'

Antonio Luiz Scavone Neto - Luiz ScavoneNumerous newspapers in Brazil are covering the story as well.   Today Cominidade News in Brazil was the latest Brazilian newspaper to report on the alleged cruise crime case.

This is an incident which is likely to remain in the news for a long time.  It involves the world's largest cruise ship which Royal Caribbean launched with great fanfare.  The question is whether the one billion dollar cruise ship, packed with multiple Flow-riders, rock climbing walls, skating rink and zip line attractions, has adequate security to protect its 6,500 guests from crimes like this.

The case also will highlight jurisdictional issues involved when foreign nationals from a country with no extradition treaty with the U.S. commit a crime against an U.S. citizen on a foreign flagged cruise ship.

Tomorrow morning a criminal state court judge in Fort Lauderdale will take evidence and entertain argument whether defendant Luiz Scavone (full name Antonio Luiz Scavone Neto) presents a flight risk.  If defendant Scavone is able to flee the U.S. and return to Brazil, there is a certainty that the U.S. will never be able to compel his return to face trial.    

 

Read our prior articles:

Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship

Alleged Cruise Ship Rapists From Brazil Seek Low Bond

Update on Disappearance of George Smith From Royal Caribbean's Brilliance of the Seas Cruise Ship

George Smith Disappearance Update This evening Dateline NBC will air what it is calling an "update" on the story of missing cruise passenger George Smith who disappeared under suspicious circumstances during his honeymoon cruise aboard Royal Caribbean's Brilliance of the Seas cruise ship in the summer of 2005.

I am glad to see that Mr. Smith's case  is receiving additional attention.  

I have always thought that foul play was involved in Mr. Smith's disappearance.  Hopefully the renewed media attention will motivate someone to come forward with information which may help solve the case.    

That being said, I am skeptical whether anything "new" will be revealed by the Dateline program tonight.  

Dateline advertises that its program will tell " . . . the story of an active, ongoing investigation whereby FBI agents won't talk on the record.  However, the cruise line Royal Caribbean has conducted its own internal investigation and Dateline has the exclusive update about what George Smith Murder Updatehappened aboard the ship in the early hours of July 5, 2005."

Let's keep a few things in perspective.  Mr. Smith's disappearance, or murder as many people including me believe, occurred on July 5, 2005 - six and one-half years ago. 

In 2005, Royal Caribbean provided us with copies of photographs of the cabin and awning, statements, security reports and other information about Mr. Smith's disappearance.  The case was discussed regularly on all of the nightly cable news shows and major networks which broadcast a great deal of information about what happened on the night in question. 

Royal Caribbean's investigation into what happened ended in 2005.  The cruise line defense lawyers who were sent to the cruise ship have subsequently switched to representing passengers and crewmembers.  Believe it or not, they are now employed by a firm which sues Royal Caribbean and other cruise lines.  There has been no "internal investigation" by Royal Caribbean into the circumstances surrounding Mr. Smith's death for over 6 years. 

Now, lets consider the so called "open and active" FBI investigation.  Six and one-half years George Smith Death Update - Dr. Henry Leeago, the FBI was investigating the case, although I would consider it rather amateurish.  The FBI had not even interviewed the passengers on either side of the Smith's cabin a month after the cruise.  These individuals were first interviewed by Joe Scarborough on cable news.  The investigation did not get serious until we boarded the cruise ship with forensic scientist Dr. Henry Lee and a team of investigators.  It was only after we retained Dr. Lee did the FBI test the carpet in the cabin for blood stains.

Our firm was in constant contact with the FBI (we represented George Smith's widow Jennifer Hagel) in 2005 and 2006.  It was clear to us that the FBI investigation lost steam in early 2006.  A  Grand Jury was convened and called witnesses but returned no indictments against anyone.  There has been no real investigation by the FBI for well over five years as best as we can tell. 

What the Dateline television show will discuss are certain documents, photographs and video which the cruise line has been offering to the families since June of 2006.  At that time, we reached a settlement with Royal Caribbean where the cruise line would pay $1,060,000 in compensation, as well as turn over all of the cruise line's documents, photographs, CCTV images, statements and other information in order for the families to try and learn what happened to Mr. Smith.  Much of the George Smith Murder - Cruise Ship  information was confidential and privileged which  the cruise line had no legal obligation to disclose.

The Smith family objected to the terms of the settlement.  A probate court in Greenwich upheld the settlement, finding that it was fair and in the best interests of all concerned.  But the Smith family appealed the Greenwich probate court's ruling and this delayed the cruise line's release of information.  Several years later, Royal Caribbean increased its settlement offer by $250,000 for a total of $1,310,000 and again agreed to provide exactly the same documents, photographs and information it offered back in 2006.

In 2010, Royal Caribbean turned all of its internal information over to the families.  There was nothing new in these documents most of which we obtained in 2005.  The attorney for the Smith family provided copies of these documents to the producers of Dateline which tonight will disclose the "new" information.      

Jennifer Hagel - Disappearance of George Smith In truth, Dateline is now airing the same old photographs, cruise line documents and statements which we obtained in 2005 and which the cruise line has been offering to all of the families since 2006.

The Smith family apparently has a new theory into their son's death, namely that he was killed in an attempted robbery.  The New York Post contains a quote, this morning, from the Smith family's lawyer that “The family believes it was a robbery-gone-bad." 

The New York Post's article contains the provocative title: "Feds' Mafia Team Join Probe into Disappearance of Conn. Newlywed."  The alleged "mafia" connection to some of the men last seen with Mr. Smith and who were in his cabin around 4:00 AM on the morning of his disappearance is nothing new.

The Post also published a couple of CTTV images of Mr. Smith and his wife Jennifer Hagel which Royal Caribbean released several years ago.  

Last summer, we published a series of articles on the sixth year anniversary of Mr. Smith's death:George Smith Disappearance Update

Trouble as the Cruise Ship Sails to Kusadasi

A Frantic Call Back to Connecticut

Media Frenzy Follows Case of "Missing Honeymooner" 

Dr. Henry Lee Boards the Brilliance of the Seas 

Royal Caribbean Blocks Dr. Henry Lee's Dummy Experiment 

The International Cruise Victims Organization Is Born! 

Royal Caribbean Captain Says Its Just an Accident Involving a Bloody Nose 

Larry King Live & the "Missing Groom Mystery"

Do you have information which may solve this case?   Please let us hear from you.

  

 

Photo credit:  Bottom 2 photographs (CCTV images) Royal Caribbean / New York Post

Two Rapes Alleged on Royal Caribbean's Allure of the Seas Cruise Ship

The world's largest cruise ship was the location for two shipboard rapes during a 10 day Christmas and New Year cruise which returned to South Florida yesterday.

The first reported incident occurred on the last night of the cruise and has been reported by several local news stations.  It involved a 15 year old girl who was lured from a cruise line teen club under false pretenses back to a passenger cabin and then sexually assaulted by a 20 year old man and another 15 year old boy.

Allure of the Seas Passenger - Luiz Scavone - Brazil - Rape - Sexual AssaultThe alleged assailants are two Brazilian passengers who were sailing aboard Royal Caribbean's Allure of the Seas, which is based on Port Everglades in Fort Lauderdale, Florida.

According to the Broward County's Sheriff's Office, the 15 year old girl was at the cruise ship's teen club called "Fuel" when a 15 year old boy told her he was having a party in his room.  The young girl, who was vacationing with her family, was led to believe that she would meet friends there.  However, after entering entering the cabin, she was confronted by an older passenger, Luiz Scavone, age 20. His full name is Luiz Antônio Scavone Neto.

The Broward Sheriff's Office (BSO) said that Scavone and the 15 year old boy prevented her from leaving, removed her clothing, forced oral sex, and then both raped her. "The victim told them 'no' several times and tried to leave but was not able to," according to the  BSO.

Scavone and the 15-year-old boy have been charged with "lewd and lascivious battery."  Scavone is in jail in Fort Lauderdale.  His Broward County Sheriff's mugshot is to the left. 

A judge in Broward County ordered Scavone to relinquish his Brazilian passport.  According to CBS Channel 4, the judge stated that if the immigration hold is lifted, and Scavone is released on bond, he must be fitted with a GPS monitor and is barred from applying for a replacement passport.  The judge cited the case of a Boynton Beach police officer who fled to Brazil last July using a replacement passport after he was indicted on a drug charge.  The U.S. used to have an extradition treaty with Brazil for decades, however Brazil now prohibits its citizens from being extradited to other other countries to face criminal charges.

The second incident occurred in the early morning hours of January 1, 2012.  It also involved a Brazilian passenger, believed to be in his 40's, who sexually harassed and then sexually assaulted and battered an U.S. college student.  The young woman was treated in the ship infirmary and underwent a rape examination.  Unlike the incident involving the 15 year old victim where the assailants were arrested, the Brazilian man was released by the FBI and the Broward Sheriff's Office.  He returned to Brazil and cannot be extradited.

This incident has not been reported in the media.  Royal Caribbean has not issued a statement regarding the second allegation of sexual assault.

 

 

Issues to consider:

These incidents raise questions regarding the adequacy of the security aboard the world's largest cruise ship.  The Allure and its sister cruise ship, the Oasis of the Seas, can carry 6,500 passengers.  Both ships are essentially small cities with no police force.  We have been critical of Royal Caribbean's refusal to employ a sufficient number of security guards on its cruise ships and its refusal to monitor closed circuit television cameras to respond to potential criminal activities.    

A year ago, the Royal Caribbean CEO Richard Fain and President Adam Goldstein were aboard the Allure's sister ship with microphone in hand and supposedly open for all questions.  But they refused to provide any information about the safety and security of the passengers.  Certainly U.S. passengers who pay thousands of dollars each to sail on this mega-target of a ship deserve straight forward answers whether their families will be safe from crime.  Here are the questions which I posted on my blog which remain unanswered:

"Q:  The LA Times reported that for a period of 32 months, there were over 250 incidents of sexual assault, battery, and sexual harassment against guests and crew members on Royal Caribbean cruise ships. In light of these problems, how many security guards are employed on the Genesis class of cruise ships? 

Q:   How many security guards are assigned to the seven "neighborhoods" on the cruise ships?  Allure of the Seas - Security - Sexual AssaultsAre there security "sub-stations" in each of the neighborhoods?

Q:  How many security guards patrol the neighborhoods from 10:00 p.m. to 4 a.m., a time period we have found when female passengers are at a higher risk of being assaulted?  (Both of the alleged rapes this week occurred in the early morning hours when Royal Caribbean has virtually no guard patrolling). 

Over a year ago, I also asked the  question: 

Has Royal Caribbean invested adequately into safety and security technologies and personnel to protect you and your family?  The cruise line executives will never tell, but we shall soon find out."

January 10, 2012 Update:  Alleged Cruise Ship Rapists From Brazil Seek Low Bond

 

Photo credit:

Top: Broward Sheriff's Office via Mugshots Online

Bottom:  Royal Caribbean Cruises via Cruise Critic

Man Overboard From Royal Caribbean's Radiance of the Seas Cruise Ship?

This evening we received inquiries for information whether there was a "man overboard" from Royal Caribbean's Radiance of the Seas cruise ship.  

The last time we received such direct inquiries was last Sunday when we received emails asking us whether a crew member went overboard from the Celebrity Summit cruise ship.  We did not have any information.  But two days later the U.S. Coast Guard issued a press release indicating that that a 30 year crewmember went overboard.  The Coast Guard's statement contained the cruise line's statement that the crewmember allegedly "jumped" but it is less than clear what happened.

Does anyone have information whether there was a passenger or crew member overboard from the Radiance?  We are informed that the cruise ship is sailing from Sydney at the moment. 

According to our records, the last overboard situation on the Radiance of the Seas occurred in March 2010.  it involved a crewmember and can be read here

If anyone sailing on the Radiance has information, please leave a comment below. 

We hope that this is a false alarm and 2012 finds all of the crew and passengers safe and sound.

January 2, 2012 Update:  See passenger comment below:

Dirty Dishes & Fruit Flies Flourish on Royal Caribbean's Oldest Cruise Ship

Cruise Ship - Centers for Disease Control - CDCIn a story widely reported in the national media, the Centers for Disease Control failed Royal Caribbean's Monarch of the Seas after conducting a surprise vessel sanitation inspection last month. 

On November 18, 2011, CDC inspectors boarded the Monarch of the Seas, which is the cruise line's oldest vessel, and found numerous public health risks and violations if the CDC's sanitary standards.

The popular online cruise community, Cruise Critic, first reported on the nasty situation, followed by the USA Today cruise blog, CruiseLog.  

The CDC found a whopping 43 unsanitary conditions and "deficiencies" in the cruise ship's procedures which were in violation of the CDC's Vessel Safety Program (VSP) manual.  Included in the report were the following:

  • Dish-washing equipment in poor condition;
  • Improper cooling temperatures for stored provisions;
  • Improper cooking temperatures for cooked food;
  • Accumulations of food debris in wash and rinse areas;
  • "Clean" plates soiled with food residue;
  • Soiled plates stacked with clean plates;
  • Waiter stations, food preparation counters, slicers, and strainers soiled with dirt and food particles;
  • Live and dead fruit flies on food preperation surfaces throughout the galley; and 
  • Improper procedures for public toilets, shower-head disinfection, and disease outbreak and prevention.   

You can read the complete inspection report here

Cruise Ship Fruit FliesIt is rare for a cruise ship based in the U.S. to fail a CDC inspection.

For a cruise line which spent billions on its gigantic new Genesis class cruise ships the Oasis and the Allure of the Seas, it looks like its oldest cruise the Monarch is showing significant signs of neglect which risk sickening its passengers. 

Anyone who sailed recently on the Monarch care to leave a comment?  

Photo credit: amNY Photo Illustration

 

FlowRider Accidents: Royal Caribbean Liability Waivers Are Unenforceable!

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

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

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

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

The Court summarized the facts of the case as follows:

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

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

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

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

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

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

The appeal was handled by appellate specialist Phil Parrish.    

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

 

 

Video             YouTube lilmikee420

Photo:       Cruise Critic

Coast Guard Medevacs Sick Royal Caribbean Cruise Passenger

WSVN - TV reports that the U.S. Coast Guard medevaced a cruise passenger after she experienced symptoms of appendicitis.

The incident occurred on December 12, 2011 on the Royal Caribbean Explorer of the Seas cruise ship about 130 miles southwest of Key West.  A Coast Guard helicopter hoisted the 21 year old cruise passenger and transported her to the Lower Keys Medical Center. The cruise ship was sailing back to Port Everglades, Florida.

This is the second Coast Guard rescue of a sick cruise passenger yesterday.  Earlier today we reported on the Coast Guard medevacing an Ill NCL passenger off the coast of North Carolina.  

 

 

December 13, 2011 Update and Correction:  An astute reader of Cruise Law News noted that the cruise ship is not Royal Caribbean's Explorer of the Seas but, instead, is the SAS' Explorer.  Thanks to Tom Roesser from Hawaii who you can follow on twitter at @tomsroesser

Thanks Tom!
 

 

 

Video Credit:  U.S. Coast Guard via WSVN

What Happened to the Nation of Why Not?

This weekend I clicked on Royal Caribbean's website to read the cruise line president's "Why Not?" blog which is on the cruise line website called the "Nation of Why Not." 

Royal Caribbean's Nation of Why Not?Believe it or not, I like reading what cruise line CEO's write about.   It's interesting to me to see the disconnect between the usually mundane things the cruise executives promote compared to missing passengers, shipboard crimes and norovirus outbreaks which the executives don't want you to know about.

You may recall that back in 2008 Royal Caribbean abandoned its high energy and highly successful Get Out There! marketing campaign, which featured videos of passengers hiking on a glacier, dog sledding and kayaking, while a upbeat tune with a heavy base blared out the refrain of Iggy Pop's Lust for Life!  Quite frankly, I would sometimes find myself humming that damn song after a Royal Caribbean ad would come on the TV.

For reasons not clear to me, Royal Caribbean discarded the brilliant Get Out There! theme.  Instead of the dynamic images of active cruise vacationers, Royal Caribbean introduced a new marketing campaign called the "Nation of Why Not."

I thought that the cruise line had lost its mind.  It replaced the high octane energy of its Get Out There! campaign with odd images of the whimsical and lackadaisical Nation of Why Not.   Was the cruise line trying to compete with Mad Magazine's Alfred E. Neuman's What Me Worry motto?  Why walk away from the positive energy of Get Out There! and replace it with the ambivalent if not negative karma of a marketing slogan with the word NOT in it?

I clicked on the Nation of Why Not link on the bottom right corner of the Royal Caribbean home page to read the president's Why Not? blog.  But instead of entering the Why Not nationI was directed instead to a page named "Answer It Royally."

Where did the Nation of Why Not go?  The cruise president's Why Not? blog also disappeared, replaced with a blog called Sea Views.

Royal Caribbean - Nation of Why Not?What's going on?  Did the cruise line abandon its marketing concept?  Did Royal Caribbean tell the citizens of Why Not that their nation no longer existed?

So I looked around on the internet.  But I couldn't find anything.  The cruise president's last article on the new Sea Views blog was about how important it is to blog as a CEO and, ironically enough, the need to maintain brand loyalty.  It was strange to read someone talking about the concept of brand loyalty instead of actually practicing it. 

How about an explanation regarding whether the Why Not? mantra is being replaced with "Answer it Royally?"  And what does "Answer it Royally" mean anyway? 

The only information I could find about what appears to be a new marketing theme is that Royal Caribbean trademarked the phrase "The Sea is Calling.  Answer it Royally."  OK, now I get it.  Cute, I suppose.  

Royal Caribbean just filed its application for the new service mark on September 13th.  Perhaps there will be some type of announcement from the marketing and web agency people in the future about all of this?

The Sea Is Calling - Answer It Royally - Royal CaribbeanLoyal-to-Royal cruise fans, did I miss something in the last couple of months?  Do you know what happened to the Nation of Why Not?  What do you think about the Answer it Royally theme?

I say bring back the Get Out There! videos and turn Iggy Pop's Lust for Life on full blast.

 

December 12, 2011 Update:  A reader brought to my attention that Royal Caribbean's new ad  debuted in October in Spanish ("El Mar Te Llama").  You can watch it here.  

Another reader pointed out that if you type in "the sea is calling" dot com, you go to a Royal Caribbean's facebook page which has the new video.

Cruisemates published an article today discussing the cruise line's new national ad campaign which you can read here.   Royal Caribbean invited some members of the media to a conference call this morning and introduced the new ad. 

Jury Hits Celebrity Cruises with $1,000,000 Verdict for Unnecessary Pacemaker Surgery

Yesterday, a jury in Miami returned a $1,000,000 verdict against a Miami based cruise line whose ship employee underwent an unnecessary surgery to insert a pacemaker which he did not need.

The case involves a Celebrity Cruises chef, Shalesh Buttoo, who experienced headaches and pain to his face while working on a Celebrity cruise ship.  Although only 31 years old and apparently in good health, a doctor in Santo Domingo inserted a pacemaker into the crewmember's chest.  The issues at trial focused on whether Mr. Buttoo needed such a surgery and, assuming he did, whether the surgery was properly performed.   

In 2009, the cruise line had flown Mr. Buttoo from Europe, where the Celebrity cruise ship was based, to Santo Domingo.  We wrote about the danger of sending injured or ill crewmembers to Santo Domingo in order to reduce medical expenses for crew back in November 2009.  You can Medical Treatment in Santo Domingo, Dominican Republic?  read our thoughts here.  You can read another article we wrote here: Cruise Ship Medical Care - Royal Caribbean Gives Their Crew Members the Royal Shaft.

For those readers not up on international geography, Santo Domingo is in the Dominican Republic, adjacent to Haiti, on the island of Hispaniola. 

Mr. Buttoo testified at trial that the pacemaker caused him debilitating injuries and forced him to use a walker.  The pace maker not only medically unnecessary but was improperly placed and caused inflammation.  He eventually traveled to Miami for follow up medical care where cardiac surgeons removed the pacemaker.

The jury found the cruise line negligent in its care and treatment of its crewmember and returned a $1,000,000 verdict.  Cruise lines are vicariously liable for the bad medical treatment rendered to their crewmembers.

Mr. Butto's trial lawyer in Miami, Earvin Gonzalez, argued that Celebrity Cruises sent the ship employee to Santo Domingo to save money because the doctors in the Dominican Republic are much cheaper than in Europe or here in Miami where Celebrity Cruises is based.  Mr. Gonzalez commented on the verdict:

“I am pleased that the jury was able to appreciate the level of harm caused by Celebrity and awarded damages to compensate Mr. Buttoo for what he went through.  Although no amount of money will ever erase the horror of being implanted with a heart device he did not need, the amount awarded allowed Mr. Buttoo to feel that justice was served.  It is important for ship owners to recognize the need to provide their crew with quality health care and to listen to their needs, rather than taking a calloused and uncaring approach.  The crew is part of the Cruise line’s family and they should be treated like family members and not like indentured servants.”

Celebrity Cruises was represented by Jeffrey Foreman and Noah Silverman of the Miami firm Foreman Friedman.  They declined to respond to our request for a comment.

"Serial Rapist" Sentenced to 10 Years for Rape of 13 Year Old During Carnival Cruise

A news blog in Alabama, al.com, reports tonight that a Gautier, Mississippi man dubbed a “serial rapist” by prosecutors will serve 10 years in prison for sexually assaulting a 13 year old girl during a cruise aboard a Carnival cruise ship. 

The case involves Dylan Cole Bloodsworth who was accused of raping the young passenger while he was sailing on the Carnival Elation cruise ship last March.  We reported on this crime in articles earlier this year entitled Passenger Arrested for Sexually Assaulting Minor on Carnival Cruise Ship and Carnival Passenger Admits to Sexually Abusing Minor During Cruise.  

Dylan Cole Bloodsworth - Cruise Ship RapeAlthough Bloodsworth admitted to the crime and said that he had "made a terrible mistake," the Federal District Judge sentenced him to a decade in jail and ordered that  spend the rest of his life under supervision by the U.S. Probation Office when he gets out of prison.

The prosecutor cited a prior sexual assault against another girl and told the judge that Bloodsworth is ". . .  a serial rapist.  He preys on underage girls.”

Bloodsworth's victim on the Carnival ship was on a cruise to Mexico with her family when she met him and agreed to go with him at his insistence to get a jacket from his cabin, where Bloodsworth sexually assaulted her according to court records.

Cases like this should be a wake up call to parents that rapes occur on cruise ships by older passengers as well as crewmembers.  You can read about cases where child predators abuse children in cases on a Royal Caribbean cruise ship like this or where a Carnival crew member rapes a 14 year old girl like this.   

Even supposedly kid friendly cruise lines like Disney Cruises have a history of sexual assaults against young girls on their cruise ships: Passenger Indicted for Sexual Abuse of 13 Year Old Girl on Disney Wonder Cruise Ship.

Think this is an isolated problem?  Take a moment and read:  Why Cruises are NOT the Best Vacations with Kids

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

Accused Royal Caribbean Cruises Rapist Sues Bahamas for Spending Four Nights in Jail After Acquital

One of the categories I have for my Cruise Law News blog is "weird cruise news." 

Why such a category? 

For stories just like this:

Soveriegn of the Seas Cruise Ship - RapeThe Nassau Guardian published an article today about a Royal Caribbean crewmember, employed as a stateroom attendant, who was accused of raping a young woman on Royal Caribbean's Sovereign of the Seas cruise ship. 

The incident involved a student from Florida State University who reported being raped back in 2006 on the Royal Caribbean cruise ship while it was docked in Nassau. 

The accused crewmember was Ruel Lockwood from Nicaragua.  He used his key card to enter the young woman's cabin with a key card, which he used to enter cabins to clean them, and then allegedly commit the rape.

Why Royal Caribbean lets single men have key cards to women's cabins on their cruise ships remains an unpleasant mystery for me. 

I was young Jane Doe's Miami counsel, appointed by the Washington D.C. law firm of Winston & Strawn to act as co-counsel for Jane Doe after the shipboard rape.

Convincing juries in foreign countries to convict a cruise ship employee for raping an American woman is a daunting task, especially when the cruise line sent its defense lawyers to Nassau to assist the Bahamian criminal defense lawyers defend the case - which we alleged in the lawsuit filed against Royal Caribbean.

Yes, as expected, the jury in the Bahamas acquitted the cruise line employee accused of the rape.  The legitimacy of the verdict should be considered with the fact that Royal Caribbean paid $1,500,000.00 to settle the civil case where we alleged that the crewmember raped our client.

In my opinion, cruise lines don't pay that type of compensation if a rape did not occur.

Now here comes the weird part. 

After crewmember Lockwood was acquitted, he remained in jail for 4 days in Nassau.   For that, he sued the Bahamas for "unlawful detention."  Although he spent months and months in jail for the rape charges, he is now seeking damages for the 4 days he spent in jail after the jury acquitted him.  

Crewmember Lockwood should count his blessings for not spending the next 20 years of his life in the bowels of the Nassau jails.

Seeking compensation for 4 days in jail after his "acquittal" of raping an innocent coed during a cruise is a sick joke.

 

Photo Credit:  usscusk.com

Cruise Law Visits Ocho Rios Jamaica

Jamaica - Cruise Ship - Crewmember Our firm and our co-counsel Jonathan Aronson spent a few days this week in Jamaica. 

On Tuesday, we toured the port of Freeport - Montego Bay where we will begin advertising our services helping Jamaican crewmembers injured on cruise ships.  We met with the head of the terminal and enjoyed a VIP tour of the facility where we will be advertising. 

We walked the terminal grounds and viewed the Carnival Elation (photo left). 

The highlight of the trip was the seaman seminar we offered on Wednesday in Ocho Rios.     

We met with crewmembers almost all day on Wednesday.  Most of the crewmembers were employees from Royal Caribbean, Celebrity , and Carnival.  The injured crewmembers were stateroom attendants, pantry employees, cooks and utility cleaners.  They presented with a variety of orthopedic and neurological problems, repetitive injuries, and failure to provide appropriate medical treatment claims.

We met in the Jamaica No Problem Room (photo below). 

Jamaica is a beautiful country.  Lush landscapes filled with heliconia, giant banana plants, bamboo and coconuts from the coastal mountains to the ocean.  The Jamaican people are gracious, warm and hospitable.    

I have written a couple of blogs about crewmembers Jamaica, one of my favorite countries: 

Long Hours, Repetitive Injuries & Bad Medical Care Plague Royal Caribbean Crewmembers

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

Cruise Law Visits Montego Bay Jamaica   

Will Royal Caribbean Ever Live Up to Its Promises to Falmouth Jamaica?

If you are from Jamaica and missed us during our last trip to Jamaica, we will be back in January 2012.   Please feel to contact us in the interim here at Cruise Law . . .   

Ocho Rios Jamaica - Cruise Ship Lawyer

Photo credits:  Jim Walker

Haiti's Historic Sites a Cruise Excursion? Royal Caribbean the Steward of Henri Christophe's Legacy?

This weekend I ran across an interesting opinion piece from Caribbean News Now.  Entitled "Turning Haiti's Historic Sites into Tourist Destinations," the article begins with a quote from an article I wrote in January 2010 following the horrific earthquake in Haiti: 

Is it appropriate to sail into the idyllic port of Labadee, Haiti on a pleasure cruise when the dead remain unburied and the impoverished country writhes in chaos? (Cruise Law News, January 19, 2010)

Labadee - Haiti - Royal CaribbeanThe opinion piece was written by Anthony L. Hall, who publishes an interesting and well written blog called the iPinions Journal.  Mr. Hall discusses developing tourism around two of Haiti's historic sites - the ruins of the Palais de Sans Souci, which was the residence of Henri Christophe, Haiti’s revolutionary war hero and first president, and the Citadelle Laferrière, which is a fort he built in anticipation of fighting off the French.  

Mr. Hall is critical of Royal Caribbean's attitude toward Haiti, which he compares to " . . . resort developers throughout the Caribbean who have been invited over the years by local governments to treat vast areas of their pristine coastline as exclusive, almost hermetically sealed enclaves for visiting tourists."  

But he is not content hurling "belated moral indignation" at what I have often characterized as the worst cruise line in the world.  Instead, he suggests that if Royal Caribbean could develop these historical sites as shore excursions, and in the process raise money for a ten mile stretch of roadway from its private port of "Labadee," the cruise line might "make itself a better corporate citizen and earn an unprecedented amount of international goodwill."

In theory that would be great. 

But Royal Caribbean as the steward of the historic residence and fort of the first President of free black Haiti? 

Oy vey! 

From a historical perspective, it's a repugnant notion.  The cruise line's private enclave of "Labadee®" is a name that Royal Caribbean trademarked as a variation of Marquis de La'Badie who settled in Haiti in the 1600's.  That's right, Marquis de La'Badie, the French slave owner, whose descendants fought against Henri Christophe and his army of former black slaves. 

Royal Caribbean wasn't thinking of the 1791 Slave Uprising or the Haitian revolution when its snabbed the 260 acres of sovereign Haitian land to create its own enclave.  It ignored Haiti's black national hero when it went about marketing its slice of Haiti.  So why should Royal Caribbean be Henri Christophe - Haititrusted to be the steward of such historic sites when it already staked its presence on the island bearing the white de La'Badie slave owner name?

Putting history aside, there are practical business concerns that make it unlikely that Royal Caribbean will open up the gates and send its passengers outside of its barb wire fences which surround Labadee without expecting to make lots of money using the Citadelle as a shore excursion. 

The cruise line makes tens of millions of dollars a month keeping the thousands of passengers locked in Labadee where their only sources of fun are drinking, renting jet skis, para-sailing, and zip lining.

For Royal Caribbean to invest in developing these sites, it would need a deal where the venture would be highly profitable and it would probably demand the name rights to market the project.  Would it advertise these sites to its passengers as part of the Royal Caribbean "Private Destinations?" 

Royal Caribbean has already drafted plans to develop the Citadelle for its guests.  You can see the cruise line's plans here.

For the past 25 years, Royal Caribbean has accomplished little in Haiti outside of Labadee, other than a $425,000 school which it named after itself as a publicity stunt but it still could not figure out how to feed the school kids or provide them with transportation to the school bearing its name.   

Mr. Hall's challenge to Royal Caribbean to rehabilitate its image and make itself a better corporate citizen is laudable.  But this is a corporation which consistently underachieves when it comes to the interests of Haiti.  

Royal Caribbean will never help Haiti develop the historical Haitian sites associated with Henri Christophe without demanding that it control the operation, name the project, and profit the most from it.  It makes too much tax-free money keeping its passengers safely ensconced in its fantasy creation of Labadee®.   And for historical reasons, the notion that a corporation like this should be the steward of the legacy of Henri Christophe is a farce.    

 

For other articles about my view of Royal Caribbean and Haiti, consider reading:

Royal Caribbean "Returns" to its Trademarked, Private Fantasy Island of Labadee® - While Haiti Suffers

The Royal Caribbean School in Haiti - A Genuine Commitment or a Publicity Stunt?

Royal Caribbean: $6,800,000,000 in Tax-Free Income, But No Lunch Money for the Kindergarten Students in Haiti?

 

Photo / Images credit:

Top:  Not My Tribe

Royal Caribbean: 24 Allegations of Rape and Sexual Assault in 2010?

Today a newspaper in New Zealand published an article about the high rate of sexual assaults on cruise ships.  The article is entitled  "Sex-Assault Risk Greater On Liners Than On Land: Study."

The article refers to ". . .  one well-known cruise line, Royal Caribbean International, receiving more than 450 sexual abuse complaints during an eight year period."

Royal Caribbean Cruises - Rape - Sexual Assault - Crime The article is based on research conduct by cruise line expert Dr. Ross Klein, who has testified before our U.S. Congress on issues of crimes against cruise passengers.  Dr. Klein's popular website tracks crimes, cases of noro-virus and other incidents and accidents involving the U.S. cruise industry.

The newspaper quotes the following crime statistics based on Dr. Klein's information: 

Royal Caribbean International - 18 ships and 451 complaints of sexual assault and harassment between 1998 and 2005.

Celebrity Cruises - 9 ships and an average of 16 complaints each year between 1998 and 2002.

Carnival Cruise Line - 92 sex-related complaints in one nine-month period in 2008.

According to the newspaper, a spokesperson for Royal Caribbean stated that: " . . . the company carried more than 4.5 million guests and crew members in 2010 and reported 13 allegations of rape and 11 of sexual assault - not all of which were upheld."

Cruise lines like Royal Caribbean are quick to try and minimize the number of sexual assaults by two methods.

First, they like to point out that there are virtually no convictions, which is true.  A major problem is that there are very few convictions when women on raped at sea because of issues of spoliation of evidence, confusing jurisdictional issues, and the tendency of the cruise line to protect its own employees and reputation rather than preserve evidence and encourage prosecutions.  

The second method is to compare the number of crimes to the total number of passengers or passengers/crewmembers which have sailed over the course of a year.   The implication by Royal Caribbean is that it should be compared to a city of 4.5 million and it has "only" 24 rapes or sexual assaults.  

The correct way that the FBI and crime statisticians calculate crime rates is by comparing the number of crimes to the total population, not the total number of tourists or people in transit.  In the case of cruise lines, this means the total population on a cruise line's fleet of ships at any one particular time.  According to this cruise line's information sent to its investors, Royal Caribbean has a total passenger population of around 62,000.  (I am not certain of the total number of crewmembers). 

If this number (24) is accurate, that means that there is a rape or sexual assault allegation about every other week on Royal Caribbean ships alone. 

Royal Caribbean Cruises - Sexual Assault - RapeThere is also a question whether the statistics released by Royal Caribbean are to be trusted.

In 2005 and 2006, we attended Congressional hearings with our clients where Royal Caribbean was instructed by Congress to disclose the total number of sexual assaults in its fleet over a period of approximately three years.  It disclosed 66 rapes and sexual assaults.  However, in a subsequent civil case we handled, the cruise line refused to disclose its crime statistics.  We filed motions to compel and for sanctions.  A trial court then ordered the cruise line to disclose the number of such sexual incidents or face a fine of $1,000. 

In response, the cruise listed far in excess of 66 incidents; the total number was around 273, including allegations of sexual assault, sexual battery, sexual harassment and inappropriate touching during a shorter time period.  The Los Angeles Times covered the story in an article entitled "Cruise Industry's Dark Waters."

If Royal Caribbean is claiming it had 24 incidents last year, I suspect the true number is higher.

 

For additional information about sexual assaults on cruise ships, read another article from the LA Times: Cruise Ship Crime `Low Priority'   

Another Shareholder Class Action Lawsuit Filed Against Royal Caribbean Alleging Fraud

Royal Caribbean - Stock Fraud?A third class action lawsuit has been filed against Royal Caribbean Cruises seeking class action certification for what is alleged to be fraudulent conduct by the cruise line and executives Richard  Fain, Brian Rice, and Henry Pujol.

The law suit was filed by the law firm of Kessler Topaz Meltzer & Check in Pennsylvania. 

We reported on the first two lawsuits alleging fraud in an article last month Royal Caribbean Stock Fraud Lawsuits - What Did the Cruise Line Executives Know and When Did They Know It?

The lawsuit was filed here in Miami, in Federal Court for the Southern District of Florida.

You can read the lawsuit papers here.

The law firm's press release can be read here.

The Royal Attitude

Over the years I have learned that the single most critical factor that drives clients to our office is not when a cruise passenger has been injured or inconvenienced.  Stuff happens, and most people understand that.  But when a cruise line treats passengers poorly after injuring or inconveniencing them, that's when our law firm's telephone begins to ring.

Over 75% of the cases in our office are against Royal Caribbean.  If a crew member from India or Trinidad calls us and complains that he or she were injured on a cruise ship and then dumped back home with no or poor medical care, nine times out of ten its a Royal Caribbean employee. 

Why do so many RCCL passengers and crew members sue Royal Caribbean?

The answer is what I call the Royal attitude.

Last month, the Royal attitude was on public display following the stranding of 145 passengers in San Juan when hurricane Irene was approaching. 

Unlike Carnival which contacted or at least tried to contact guests ahead of time to tell them the port authorities were requiring cruise ships to leave the port early, Royal Caribbean didn't do anything.  Carnival paid for over 300 guest's hotels and offered to fly them to the next port to meet the cruise ship.  But Royal Caribbean did not bother to have a representative at the airport or port to explain what was happening.

Its dismissive press release then added salt into the wound.

Even cruise fans were outraged.   The popular on line cruise community Cruise Critic posted hundreds of unflattering comments about Royal Caribbean's attitude.  Its editor even wrote an scathing editorial "Bad Weather Blunder: A Lesson in Cruise Crisis Control?"

The other popular cruise community Cruisemates wrote a blog criticizing Royal Caribbean entitled "Carnival 1 - Royal Caribbean 0."

Cruise blogger John Honeywell a/k/a Captain Greybeard, who writes cruise friendly pieces for the U.K.'s Mirror, added an article "How Hurricanes and Art Led to a Series of Right Royal Blunders."  Captain GreyBeard not only joined in the criticism of Royal Caribbean for stranding it guests but mocked cruise line president Adam Goldstein's decision to avoid the issue in his Nation of Why Not blog and instead write about employees delivering the "Wow factor" by finding a guest's passport on an airplane and driving it over to the port.  He also blasted Royal Caribbean for Obfuscation the delay and lack of transparency in responding to an inquiry about problems with the art vendors on the cruise ships. 

Greybeard characterized the cruise line's non-response to his inquiries as a "masterpiece of obfuscation." 

I feel your pain too Captain Greybeard.  I wrote about Royal Caribbean's skill at obfuscation last year in a blog: Royal Caribbean Press Statements And Other Gobbledygook.

Even when the cruise line changed course in response to the universal criticism and decided to offer a future cruise credit (only 30%) to the abandoned guests, it was unable to issue a clear or genuine apology - calling the incident just an out of norm fluke.   The cruise line then arranged for president Goldstein to be interviewed in the Miami Herald about his passion for running and playing ping pong.  I'm not kidding.  145 passengers stranded in a foreign port with a hurricane approaching and the cruise president is now talking about ping pong.

You can dismiss my criticisms as coming from a lawyer who sues this cruise line every week.  But when cruise fans like Cruise Critic, Cruisemates and even the affable Captain Greybeard start talkin smack about your cruise brand, Royal Caribbean may want to consider changing its attitude toward its customers.  

Cruise News RoundUp - August 28, 2011

Hurricane Irene has been the big story this week as the cruise lines juggled itineraries to keep their cruise ships out of Irene's path.

The Right Way, and Wrong Way, to Abandon Families in a Foreign Port as a Monster Storm Approaches

Carnival and Royal Caribbean received a lot of press for leaving hundreds of passengers in San Juan, Puerto Rico as the hurricane approached.  The local port officials informed the cruise lines that due to the storm's approach, the port was limiting harbor traffic.  Carnival’s Victory cruise ship left Hurricane Irene - Cruise Lines Abandon PassengersSan Juan four hours early and Royal Caribbean’s Serenade of the Seas left six hours ahead of schedule.

As a result, 300 Carnival passengers and 145 Royal Caribbean passengers found themselves in San Juan as their cruise ships sailed away.

Carnival handled the crisis effectively.  The cruise line provided all of their guests with hotel rooms  for two nights and offered to fly them to the next scheduled port in Barbados.

Royal Caribbean provided hotel rooms only to the 15 passengers who purchased their tickets directly from the cruise line.  The remaining 130 were left to find their own hotels as the storm approached.  And anyone who wanted to meet up with the ship at the next port in Aruba, had to pay for their own transportation.  This from the company whose mantra is "Deliver the Wow" to its guests?

Unlike Carnival, Royal Caribbean made no effort to communicate the earlier departure time via their customers' emergency contact information and left families in the lurch in a time of emergency.  Even super cruise fan Carolyn Spencer Brown, editor of Cruise Critic, expressed outrage in her blog "Bad Weather Blunder: A Lesson in Cruise Crisis Control?"

"This takes my breath away.  And it’s not about the fact that it didn’t offer to pay for hotels and flights . . . .  It’s about dropping the ball in a risky situation.  Clearly, I’m not the only one who is shocked at Royal Caribbean’s lack of responsibility to its customers.  On Cruise Critic’s forums, its blog, and its Facebook page, travelers are incredulous."

Wow is right.  When you can shock Cruise Critic, you have really screwed up.

Another Shocker (But No One is Shocked) - Royal Caribbean's Unlimited Booze Packages

Travel Agent Central reported this week that Royal Caribbean "has taken a lead" in offering prepaid unlimited alcoholic packages to its passengers.  RCCL's CEO Richard Fain is quoted as saying that unlimited booze packaging has been "hugely successful."

The article states that on Celebrity cruise, passengers can pay for an unlimited drinks premium liquor plan for as much as $378 per person for a week cruise.  "Your savings depends on how much you drink," the article reads.   Yikes.  The drunkest passenger gets the best value? 

This cruise line has struggled with alcohol related overboards and sexual assaults over the years.  Take a moment and read Latest Royal Caribbean Rape Allegation Reveals Problem of Underage Royal Caribbean Cruise StockDrinking on Cruises.   Its unlimited-booze-packages is a new low.

I wonder if the cruise line kept all of the pre-paid unlimited alcohol money spent by the guests who missed the Serenade of the Seas in San Juan due to the hurricane? 

Are Cruise Stocks About to Tank Again?

Investor Place has an interesting article about the tenuous nature of cruise lines stocks at this moment - "3 Reasons Cruise Line Stocks Might Be Starting to Sink." 

I have always tracked cruise stocks because crew member benefits are the first to get slashed when money gets tight for the cruise lines.  Three years ago, Royal Caribbean's stock fell from the $40's to under $6 a share.  The cruise line responded with harsh cost saving measures in ship employee benefits.  The company's stock rebounded back to the $40's but has been in a nose dive this year back to the low $20's.  As the cruise executives push alcohol sales to try and boost profits, what new measures will they introduce to screw the crewmembers?  

Arbitration of Cruise Line Crewmember Cases

In the last few years, the major cruise lines have been trying to enforce arbitration provisions which they inserted into the crew member's employment agreements.

Many of our crew clients around the world ask us "what is arbitration?" and was is the difference between an "arbitration" and a "trial."

Arbitration is a process where disputes between parties are decided by an "arbitrator" or a panel of "arbitrators."  In the crew cases we have arbitrated, the process is started by filing a claim with the Cruise Ship Arbitration - CrewMember American Arbitration Association / International Centre for Dispute Resolution.  This is the administrative body, typically called AAA or the ICDR, which oversees the process. 

The biggest difference between arbitration and a trial, is that a trial takes place before a judge and a jury.  There is no judge or jury in arbitration. 

Arbitrators are typically other attorneys or retired judges who are selected by counsel for the parties.  When there are three panel arbitrators, counsel for the crewmember will select one arbitrator and counsel for the cruise line will select one arbitrator.  Those two selected arbitrators will select a third arbitrator.  The arbitrators are sworn to be fair and impartial.

Once the arbitrator or arbitrators are selected, a date for the arbitration hearing will be selected.  Unlike a jury trial which could easily last more than a week, an arbitration hearing may last just two days.  There are relaxed rules of evidence.  The arbitrators will typically receive into evidence hearsay medical reports and affidavits of witnesses without the other side being permitted an opportunity to conduct cross examination.   

Pre-hearing discovery is limited.  There is no requirement to conduct discovery, although in most cases the crewmember will give a deposition and appear for a medical evaluation by a doctor selected by the cruise line defense lawyer.  We will always have our crew clients examined by a doctor who will appear live at the arbitration hearing, and we will take a deposition of a representative of the cruise line.

The cruise lines are responsible for the filing fee and the fees of the arbitrators.  These costs and fees can be expensive.  A cruise line paid around $60,000 in the ICDR filing fee and the fees of three arbitrators in a recent case.  Obviously, no crewmember could afford to arbitrate if they were responsible for these fees.  

There is the issue of where the arbitration hearing will take place.  Many arbitration agreement stipulate that the hearings will take place in the country where the cruise ship is flagged or the country of the crewmember's citizenship of the crewmember.  In many cases, the cruise line will nonetheless agree to arbitrate in Miami, because it is too expensive to pay the fees and costs associated with flying Miami based arbitrators and defense lawyers to far away places like India.  Quite frankly, I would love to arbitrate cases in India, Romania, Serbia, and throughout the Caribbean islands.    

Another big difference between arbitration and a trial is that the entire arbitration procedure, from start to finish, should take less than one year.  Given the congestion of our court docket in the state court system here in Miami, a date for jury trial could take two years or more.  This is good news for injured crewmembers who have no income and are in need of resolving their cases in an efficient manner.

Once the arbitration award is decided, it is not appealable except under very rare circumstances.  This is good news because the cruise lines can't drag out an appeal for another year. 

It is generally thought that a down side of the arbitration proceeding is that the amount of the arbitration awards are generally considered to be less than what a jury might otherwise award.  But the range of arbitration awards in my experience and to my knowledge have not been unreasonably low.

Of the six or so arbitration awards I am familiar with regarding crewmembers with injured backs for example, there was a low award of around $75,000, several in the $300,000 to $400,000 range, one for $800,000, and the high award of $1,250,000 which our firm handled this year.

If you are a crewmember injured on a cruise ship, don't hesitate to contact our office for a free consultation to discuss your rights.

Royal Caribbean Stock Fraud Lawsuits - What Did the Cruise Line Executives Know and When Did They Know It?

Two stock fraud lawsuits recently filed against Royal Caribbean Cruises have placed the cruise line's corporate ethics under the microscope.

In the case of Todd Roth v. Royal Caribbean Cruises, Ltd, Richard D. Fain, Brian J. Rice, and Henry L. Pujol, United States District Court, Southern District of Florida, Case No. 22783 - MSC, a stockholder alleges that the cruise lines withheld disclosing certain accounting errors dating back to 2009, misrepresented the company's financial status, and misled investors about the cruise line's financial future. The case was filed by the New York and Louisiana law firm of Kahn, Swick & Foti and the Florida firm of Vianale & Vianale.   

Richard D. Fain - Stock Fraud?The lawsuit alleges that on January 27, 2011, Royal Caribbean issued a press release where it made false and misleading statements that its fourth quarter results for 2010 were better than expected and it anticipated certain positive developments regarding its operations, expenses, costs, ratios and net income for 2010.  

On April 28, 2011, after the first quarter, Royal Caribbean again made misleading statements regarding its financial status.  The lawsuit alleges that CEO Richard Fain (photo left) falsely stated that "the year started off with a roar - strong bookings, low costs and solid profits - and in the first quarter every one of our brands exceeded its forecast . . . " 

However, on July 28, 2011,  Royal Caribbean suddenly and dramatically departed from its rosy projections regarding the company's financial operations.  The cruise line published a release revealing for the first time that it was performing well below expectations and that certain accounting errors (regarding treatment of interest income relating to amortization of certain financing fees) resulted in a drastic downward revision of the company's financial statements.

This news "shocked and alarmed" investors.  Royal Caribbean's stock price then fell precipitously in two days, from $35.75 to $30.50.  This development had a disastrous effect on the investments of individual shareholders.  The stockholder who filed suit, Todd Roth, had purchased 5,000 shares on July 26, 2011 at a price of $36.65 a share.  Three days later, with the stock trading at $30.50, he lost over $30,000. 

Included as defendants in the lawsuit are the CEO (Richard Fain), the Chief Financial Officer (Brian Rice) and the Corporate Financial Controller (Henry Pujol).  On January 28, 2011, the day after touting the financial strength of the cruise line, CEO Fain sold 200,000 shares at a price of $46.63 for a what the lawsuit alleges are total illicit proceeds of $9,326,000.  CFO Rice (photo right, below) quickly followed suit, selling 88,872 shares in the $46 to $47 range from February 1 - 14, 2011 for over Brian C. Rice - Stock Fraud$4,100,000 in illicit proceeds. 

Although not named personally in the lawsuit, Royal Caribbean President Adam Goldstein sold over 40,000 shares between February 1 - 16, 2011 - for a total of over $1,900,000.  Six other executives sold stock between January 28 and February 16, 2011, which combined with the stock sold by the named defendants totaled over $20,000,000.  

The lawsuit alleges that these individual defendants knew that the negative financial information had not been disclosed to the public and was being concealed, and they were participants in a "fraudulent scheme and course of business that operated as a fraud or deceit on purchasers of Royal Caribbean securities . . . "      

Earlier this year, in an article entitled Royal Caribbean Executives Get Richer While Crew Members Get Poorer, I reported that  Royal Caribbean increased its 2010 compensation paid to CEO Richard Fain almost 60% to $8,600,000.  Royal Caribbean increased the compensation paid to the company's four other named executives from 18.5% to almost 50%.  The largest compensation increase of the four executives went to President Adam Goldstein whose total compensation increased to over $4,000,000. 

These increases were primarily incentive based, meaning that the executives claimed that they met or exceeded certain financial goals for the corporation.  With this recent revelation that the company's financial performance was overstated and that the executives allegedly committed fraud or recklessly misrepresented the cruise line's financial data, the question arises whether the incentive based millions of dollars in compensation should be returned voluntarily to the corporation or disgorged in the pending lawsuits.    

The Roth lawsuit seeks class action status for what is referred to as either hundreds or thousands of other shareholders who were defrauded by the cruise line between January 27, 2011 and July 28, 2011. 

A second lawsuit seeking class action status was reportedly filed yesterday by the Pomerantz law firm with offices in New York, Chicago and Washington D.C.  It is on behalf of stockholder Stanley Wolfe and was filed in the United States District Court, Southern District of Florida, Case No. 22855.  This lawsuit seeks class certification for stockholders who purchased securities between April 23, 2009 and July 27, 2011.

Royal Caribbean Stock Chart

It will be interesting to see how these lawsuits turn out.  What did the cruise line executives know about the accounting errors?  When did they learn of the irregularities?  What did they do once they learned that the cruise line was performing substantially under expectations?  Did they dump their stock realizing that the price was artificially high?  Or did they act prudently and responsibly once the accounting mistakes were brought to their attention? 

 

Photo credits:  www.azamaraclubcruises.com

Chart credit:  Rick + Rick law firm

Follow Up to Royal Caribbean Cruise Ship Child Molester

A Pittsburgh man pleaded guilty to sexually assaulting a 6-year-old boy while on a cruise vacation sailing out of Florida. According to wpxi.com, Sherwood Stevenson, took the cruise vacation with the intent of molesting the young boy. 

Stevenson, who was 71-years-old at the time, molested the young boy in a hot tub on the cruise in December 2009. It is alleged that Stevenson pursued another young child right after the 6-year-old escaped the hot tub.

Stevenson entered into a plea agreement that will likely result in a four-year prison sentence. According to the Pittsburgh Post-Gazette, the agreement took into account Stevenson’s age, history of mental illness, and the brief contact with the boy.   Our firm previously reported on the Sherwood Stevenson case in 2010:

Sexual Predator Abuses 6 Year Old Aboard Royal Caribbean's Liberty of the Seas

Judge Denies Bond to Child Molester on Royal Caribbean Cruise Ship

 

Photo of Sherwood Stevenson:  KDKA Pittsburg

Long Hours, Repetitive Injuries & Bad Medical Care Plague Royal Caribbean Crewmembers

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

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

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

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

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

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

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

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

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

 

Photo credits:  Jim Walker

Happy Fourth of July - Enjoy Your Freedom

Happy Fourth of July!

Two hundred and thirty-five years ago - on July 4, 1776 - the Second Continental Congress voted to declare the independence of the thirteen colonies from Great Britain. 

In the 1700"s my family's ancestors got in a boat and sailed from Great Britain to the U.S.  I have always thought about what that must have been like, to leave your homeland and embark on a voyage to a new world.  A world of liberty. 

Independence Day is a symbolic day of the break from tyranny and the emergence of a new nation based on concepts of freedom and self-determination.    

Independence Day remains a great American tradition - associated with fireworks, family barbecues, picnics, and baseball games. 

But there are many people who do not enjoy freedom from tyranny.

Cuban Rafters - Oasis of the Seas This weekend saw seven Cubans "rafters" trying to escape Cuba and come to the U.S. for a better life.  But they were stopped by a cruise ship, the Oasis of the Seas, and taken aboard and then handed over to the U.S. Coast Guard.  Rather than celebrating the 4th of July in Little Havana in Miami, these rafters are back in Castro's Cuba.   

Newspapers and television stations in South Florida called this a "rescue."  

According to an agreement between the U.S. and Cuba, often called the “wet-foot, dry-foot” policy, Cubans who reach U.S. shores are allowed to stay.  But those intercepted by the Coast Guard at sea are forced back to Cuba. 

This is not the first time a Royal Caribbean cruise ship "rescued" Cuban immigrants. 

On May 15th, the Royal Caribbean’s Allure of the Seas stopped to pick up nine Cubans as the cruise ship sailed back to Fort Lauderdale.

On May 1st, the Navigator of the Seas picked up eight Cubans 40 miles north of Cuba.  You can see the dramatic photos here.

Last December, the Monarch of the Seas picked up six Cubans who had been at sea.  You can read about that ordeal in Royal Caribbean Intercepts Cuban Immigrants.

In all of these cases, the U.S. Coast Guard sent the Cubans back to Cuba. In all of these cases, the Miami press called the interceptions a "rescue."    But these are no rescues.  These are interceptions.  As we light fireworks, attend family reunions, and watch our favorite baseball teams, these brave people who risked their lives seeking freedom and liberty are likely in a Cuban jail.  

     

Photo credit:  Cruise passenger Christi Nasser via the Miami Herald 

Freedom of Speech Anyone? Royal Caribbean Tries to Muzzle Lawyer Representing Brain Injured Passenger

A drama is unfolding in the Miami-Dade County courthouse in a lawsuit filed on behalf of a seriously injured passenger against Royal Caribbean Cruises.

Royal Caribbean filed a motion for sanctions against a well known lawyer here in Miami who issued a press release in which he talked about the lawsuit.  

Phil Gerson The case at issue involves allegations that Royal Caribbean and its medical staff failed to timely and properly respond to a medical emergency involving a young woman, Preetha Amaran, who collapsed while exercising on a treadmill on the Royal Caribbean Enchantment of the Seas cruise ship.  Ms. Amaran is represented by Miami lawyer Phil Gerson, who alleges that Ms. Amaran, who aspired to be a doctor herself, suffered permanent brain damage due to the negligence of the cruise line and Steiner Transocean Limited which operated the spa on the ship. 

Ms. Amaran is now left severely incapacitated and unable to work or speak more than a few phrases.  She needs round-the-clock supervision according to the press release and the allegations in the court records. 

Royal Caribbean did not like the fact that Mr. Gerson issued a press release, which you can read here.  It filed a motion for injunctive relief seeking to obtain a gag order against Mr. Gerson to prevent him from exercising his First Amendment right of freedom of speech.  The cruise line also sought to punish Mr. Gerson and his disabled client, by seeking to dismiss the lawsuit and prevent a jury from listening to the facts of the case.    

The case is one of the most ferociously fought cases I have ever seen.  It has been pending since 2004 and has gone to the appellate courts already.  In 2010, the appellate court ruled that Royal Caribbean hindered the injured passenger's search for the whereabouts of the ship’s doctor by providing an address in care of an employment agency in South Africa.  In truth, the doctor had a residence in Florida, owned real property in Tampa, Florida, owned motor vehicles registered in Florida, and was actually working on the cruise line's own ships.      

I reviewed Royal Caribbean's motion at the courthouse.  It's light on the law to say the least.  It fails to cite the most relevant cases addressing the issue whether attorneys somehow lose their freedom of speech to talk to the press about pending cases.  

The leading cases in Florida are Rodriguez v. Feinstein, 734 So.2d 1162  (Fla. 3d DCA 1999) and  Dupont de Nemours and Co. v. Aquamar, S.A., 33 So.3d 839 (Fla. 4th DCA 2010).  These cases state that a "gag order" can be entered only where statements by counsel pose a "substantial or imminent threat to a fair trial."   The mere presence of pretrial publicity, "even pervasive, adverse publicity," does not by itself indicate that an upcoming trial will be unfair.

The United States Supreme Court has held that a prior restraint against free speech is subject to “strict constitutional scrutinyand carries a heavy presumption against its constitutional validity.” Nebraska Press v. Stuart, 427 U. S. 539, 558 (1976); Carroll v. Princess Anne, 393 U.S. 175, 181 (1968); Austin v. Keefe, 402 U. S. 415, 419 (1971).  As stated by Judge Learned Hand in United States v. Dennis, 183 F.2d 201, 212 (2nd. Cir. 1950) in considering whether to impose a prior restraint a court must determine if, “the gravity of the ‘evil,’ discounted by its improbability, justifies such invasion of free speech as is necessary to avoid the danger.”

It is difficult to imagine how the press release in June is going to prejudice the trial of this case which is not scheduled until November.

Last year, Royal Caribbean filed a similar motion against me after I wrote about this cruise line's tendency to "lose" CCTV tapes of accidents and  crimes on its fleet of cruise ships.  You can read my article here.  Royal Caribbean retaliated and filed a motion to sanction me and prevent me from blogging about it.  It didn't bother to cite any leading cases addressing the difficulty of obtaining gag orders against attorneys.   Needless to say, I didn't stop blogging and I filed a motion for sanctions against the cruise line.  At the end of the day, Royal Caribbean backed down and withdrew its motion.  

Attorneys like Mr. Gerson have an ethical obligation to advance their clients cases.  Principled advocates have a moral obligation to bring awareness to injustices in an effort to improve safety of cruise passengers.

Several years ago, I met Mr. Gerson in Washington D.C.  The President of the International Cruise Victims organization (ICV) asked him to help the organization discuss safety improvements with the Cruise Line International Association and Royal Caribbean Cruises.  I participated in the meeting along with several members of the ICV at the offices of the National Center for Victims of Crime.  Mr. Gerson took a leadership role in the meeting and effectively advocated proposals to make cruising safer for the public.  I was impressed.

Press releases, web sites, and blogs are an effective way to educate the public about dangers on cruise ships.  This is what socially conscious advocates for people do.  Defense lawyers for corporations defend corporations and try and maintain the status quo.  Plaintiff attorneys for people advance the rights of the disabled and try to disrupt the status quo in order to protect future victims.    

Cruise lines like Royal Caribbean can't stand close scrutiny.  Cruise lines like this will do anything to muzzle critics.          

In Ms. Amaran's case, Royal Caribbean is asking the Court for an evidentiary hearing, where the judge would have to sift through all of the evidence and make a ruling whether the comments in Mr. Gerson's press release are accurate, as Mr. Gerson contends, or are false as the cruise line contends.

Determining factual disputes is not the province of judges.  It is the job of the jury at trial.  A trial, it seems, that this cruise line is trying to avoid at all costs.

June 30, 2011:  Yesterday, the Court (Judge Jerald Bagley) did not grant the motion for injunctive relief or the motion for sanctions, but retained jurisdiction to consider additional evidence.  I should point out that Royal Caribbean's co-defendant, Steiner, also filed similar motions to gag the plaintiff's counsel, which were not granted.

Did the Monarch of the Seas Dump Tons of Sediment, Chemicals & Bacteria off the Coast of California in January 2006?

Last week a number of news organizations reported on the story about the release of hydrogen sulfide aboard the Monarch of the Seas in 2005 which killed three crewmembers, injured at least nineteen other ship employees and threatened the health of thousands of cruise passengers.

We blogged about this disastrous event last week in our article "Royal Caribbean Demonstrated "Gross Indifference" to Passengers' Lives."  Our article followed NBC Los Angeles's report that a Miami Judge found that Royal Caribbean Cruises demonstrated "a gross indifference to the life and health" of passengers by continuing to cruise with a ship that "that allowed poison gas exposure to its passengers." 

Royal Caribbean Pollution - Monarch of the Seas DumpingIn following up on this story, we found that Royal Caribbean staff captain Bjørn Eidissen, who is now at the center of this story, reported that four months after the poison gas incident, the Monarch of the Seas dumped "tons" of  sediment, chemicals and bacteria while the cruise ship was approaching a dry dock in January of 2006.  

Staff Captain Bjørn Eidissen was apparently on vacation when this occurred, but he subsequently complained on an U.S. Coast Guard forum that the dumping was reported to CEO Richard Fain.  Yet, the cruise line apparently did not report this intentional discharge to the U.S. Coast Guard. 

Here is what staff captain Bjørn Eidissen posted online in 2008:  

"Need to report of environmental crime and ships safety issue . .

Cruiseship Monarch of the Seas, while underway to dry dock in Jan. 2006.  San Fransisco
emptied tanks to sea, against Marpol and Royal Caribbeans SQM environmental policy.
Tank concern was DD11,usen as fixed ballast, contained tons of sediment,chemicals,and bacterias . . the tank had been the source of an accident in San Pedro Sept.  2nd.2005.  Methan gas accident, 3 casualties.

Probobly cause of the crime,was to save money and time in Drydock, cleaningwork was scheduled.  According to ships stability manual,DD11 was not to be emptied at sea,due to negative stability would occour.  Ship had approx. 1000 peoples onboard,crew and contractors
The ballastrepport sendt to USCG does not reflect correct status,as the tank was emptied just before DD.and was free of liquids when entering drydock.

Ship was given gas free cerificate by the yard,although over 100ppm methane and H2S was measured when in ddrydock . . cleaning work was cancelled due to that fact.  The most serious action was putting the cruiseship in negative stability jepardizing all lifes onboard,in addition to the environmental crime by discharging the tank inside legal borders.

This was reported to CEO Richard Fain early may 2006,by mail from Norway, but no action was taken, and ot was not reported to USCG,as the intention of the repoting letter was. 

Please take notice of this message and forward it to whom it may concern.  Please contact by e-mail Chief Officer Jan Andreassen..e-mail janjacoba@gmail.com or Captain B.Eidissen mail b_eidissen@yahoo.no, chief officer was onboard at the time of the crime,and witness all actions.but was kept out of the loop by RCCL superintendant and Chief Engineer - Chief Officer protested, but was not heard.  I was at home in Norway when I was told by acting Captain Jørn Clausen, that the tank had been emptied against his knowledge, and had put him in a imposssible position towards the cruise company, and coast Guard.

I took action from Norway,while on vacation, and wrote to CEO Richard Fain, as mentioned erlyer, but it has come to my knowledge that the cruise company Royal caribbean International, did not pass my report over to USCG, as whas my intention with lthe report in the first place.

Please forward this message to coast guard high ranking officers,PLEASE,IMPORTANT
It has seemed almost impassible to get authorities here in Norway,to understand the seriousness of this crime,and to even believe in it.

Thanks for your help.

Captain Bjørn Eidissen"

Assuming this information is accurate, did Royal Caribbean cover this up?  I see no mention that this incident was reported to the Coast Guard or that there were any fines levied against the cruise line.

Royal Caribbean has a dreadful history of environmental crimes and a corporate culture of covering the crimes up.

In the late 1990's, the U.S. Coast Guard caught Royal Caribbean engaged in widespread dumping of oil and chemicals.  The Justice Department responded by fining the cruise line $1,000,000.  In response, the cruise line went to its PR people who dreamed up a campaign of "Save the Waves."  The PR experts posed the cruise line as a leader in protecting the environment.  Royal Caribbean posted this mantra on signs all over its cruise ships.  All of the waiters, bar tenders, and cabin attendants had to wear "Save the Waves" badges touting the cruise line's commitment to protecting the seas on which it sailed. 

The problem, however, is that the cruise line didn't change its ways.  Royal Caribbean continued to illegally discharge oil, waste and fecal matter everywhere from the Caribbean to the pristine waters of Alaska.

The Feds caught Royal Caribbean dumping again.  And the U.S. government fined the cruise line again - this time $8,000,000 - and placed it on probation.  Did Royal Caribbean learn its lesson?  No, the illegal discharges increased.  While the crew members wore their "save the waves" buttons above deck while serving passengers cocktails, Royal Caribbean engineers below the decks fabricated secret by-pass values to dump everything from raw sewage to chemicals used in the photography labs directly into the ocean. Royal Caribbean cruise ship even dumped oil and sewage into the waters right outside of the executives' windows overlooking Biscayne Bay.

The U.S. Attorney General, Janet Reno, a Miami resident herself and an environmentalist as well, was not amused. The discrepancy between how the cruise held itself out to the public as a green company versus its actual criminal conduct was not lost on the Attorney General.  By the time she was through, Royal Caribbean pled guilty to multiple felonies, received another whopping fine of $18,000,000, and agreed to a five year probation.

The U.S. leveled the felony charges not just because of the repeated and massive scale of the dumping of pollutants but because the cruise line continued to lie. U.S. Attorney General Janet Reno stated at a press conference: 

.  .  . at the same time that their ships were sailing into the inland passage of Alaska, one of the most sensitive and beautiful eco-systems in our nation, their crew members were wearing buttons that said, 'Save the Waves.'  That's what they were wearing above deck.  Below deck, business as usual was going on and oily contaminated bilge water was being dumped overboard . . .

Attorney General Reno was rightfully outraged: " .  .  . if people flim-flam us, they should expect the consequences .  .  ."  When the sentencing was over, the U.S. Government fined Royal Caribbean a total of $27,000,000 and placed the cruise line on probation for five years. 

A number of environmental organizations considered Royal Caribbean to be the poster child for cruise dumping.  The Oceana organization initiated a campaign against the cruise line which included flying banners over Royal Caribbean ships saying "Got Sewage? Royal Caribbean Dumps Daily."   

Did the cruise line resort to its old ways and empty the bilges of the Monarch of the Seas off of the shores of San Francisco in 2006?    

Does anyone have information about this January 2006 alleged incident?

 

June 20, 2011 Update This article was picked as a top 10 law blog by LexBlog.

Photo credit:  National Sky Ads

Rush to Judgment: Did Pressure from Royal Caribbean Cause Mexican Police to Arrest an Innocent Man?

Earlier this week, we reported that the case against the Mexican man charged with killing Royal Caribbean crew member, Monika Markiewicz, was falling apart.  A key prosecution witness testified at a hearing that police pressured him into making a false statement implicating Nelson Pérez Torres as the murderer.

Nelson Pérez TorresIn our article Is Alleged Murderer of Royal Caribbean Musician Innocent? we pointed out that the Mexican police have now been accused of strong arm tactics against both the alleged killer and the star prosecution witness.

A newspaper in Mexico is reporting today that after Ms. Markiewicz's death, an official from Royal Caribbean traveled to Mexico and placed pressure on Mexico officials to quickly solve the crime.

SIPSE.com states that case gained special importance because it involved a crew member from the Allure of the Seas cruise ship, operated by Royal Caribbean.  The newspaper reports that Michael Ronan, vice president of Royal Caribbean, traveled to Cozumel and met with tourism authorities and the police to discuss the details of the case.

"The pressure increased when he made statements that cruises to the island could be suspended if the case was not resolved."  (translation)

This crime occurred at a time when some cruises lines were suspending cruises to Mexico due to the perception that it is unsafe to disembark in Mexican ports due to violent crime. 

Mexican police arrested Mr. Torres within a week of the death of Ms. Markiewicz.  Newspapers in Mexico published stories that Mr. Torres was railroaded into a confession.  His friends and family members even picketed at the pier with signs saying Mr. Torres is innocent. 

On the same day as the arrest, Royal Caribbean issued a press release stating that its "Global Adam Goldstein - Royal Caribbean Security Department fully supported and assisted Mexican officials in their investigation of this isolated and uncharacteristic crime for Cozumel."

Cruise line President Adam Goldstein was quoted saying:  

"We thank the Mexican authorities for their commitment to quickly solving the murder of our crew member . . ."

"Quick" justice is often no justice at all. 

It will be unjust to both the Torres and Markiewicz families if the wrong man is convicted.  
 

 

Photo credit:

Top: SIPSE.com 

Is Alleged Murderer of Royal Caribbean Musician Innocent?

Nelson Pérez TorresThe press in Mexico is raising questions about the criminal charges leveled against Nelson Pérez Torres, who is jailed and awaiting trial for the murder of Royal Caribbean crewmember, Monika Markiewicz.

Ms. Markiewizc was an accomplished musician employed as a violinist aboard Royal Caribbean's Allure of the Seas.  In February, she disembarked in Cozumel from the Allure and did not return to the cruise ship which left and sailed back to Miami.  Her body was located the following day. 

An autopsy determined the cause of Ms. Markiewicz's death was "drowning" but noted that she suffered a blow to the head.

Mexican police arrested 24 year old Nelson Perez Torres, who worked at a restaurant / bar near the port.  He reportedly confessed to striking Ms. Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.  You can read our articles about this case below: 

Royal Caribbean Crew Member Murdered in Mexico

Monika's Last Recital

A newspaper in Mexico is reporting today that the case against Torres is "riddled with contradictions and irregularities."  SIPSE.com  reports that the "star witness" for the prosecution has not only retracted his statement but alleges that he was theatened by the police to sign the declaration.  The Torres family has always contended that their son was beaten and "confessed" to the crime under duress.  We previously blogged about this: Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

The Mexican newspaper also states that videos taken at an intersection near the crime scene, and which should depict the identity of the murderer walking with Ms. Markiewicz, have not been produced.  The article also alludes that there will be defense witnesses who will testify to Mr. Torres being at a different location at the time of the murder. 

 

Photo credit:  estosdias.com.mx

Video credit: VOZTVCOZQROO (YouTube)

Royal Caribbean Passenger Dies During Diving Excursion in Bermuda

The BDA Sun newspaper in Bermuda is reporting that a 52 year-old cruise passenger died during a diving excursion in Bermuda.

Donna Zapata cruised with her husband on Royal Caribbean’s Explorer of the Seas to BermudaShe went on what is described as a "helmet diving" excursion with Hartley's Bell Diving.  The newspaper explains that this involves "shallow water where divers wear airtight helmets to view the underwater world." 

After a dive, Ms. Zapata complained of shortness of breath.  She reportedly was given oxygen aboard the excursion vessel and the excursion staff called shore-side for emergency medical personnel to be ready ashore.  But its reportedly took "about 20 minutes to get everyone back on board and get to shore." 

Ms. Zapata lost consciousness and passed away at the King Edward VII Hospital.

The Bermuda Police Service has the following account:

"Police have commenced an investigation into the death of an American woman who was visiting the island as a cruise ship passenger. It appears that around 12 noon on Tuesday, June 7th 52 year old Donna Zapata was in the Mangrove Bay area ‘helmet diving’ with family members when she got into difficulty. EMTs performed CPR as the victim was rushed to King Edward VII Memorial Hospital via ambulance; however they were unable to revive her. She was subsequently pronounced dead at 1pm on Tuesday by an on call physician at the hospital. An autopsy will be performed on the deceased during the course of this week."

Eye Witness Accounts: Oil Tank Explosion Panics Cruise Passengers / Independence of the Seas Quickly Leaves Port

The Telegraph newspaper in the U.K. has an interesting story containing a passenger's account of events aboard the Independence of the Seas following the explosion at the port in Gibraltar.  Some of the accounts:

“People thought it was a bomb and started screaming. Parents jumped in the pool to grab their children, while others dashed to the kids’ club on deck 12 to see if their children were injured.”

"One crew member . . . heard screaming and saw black smoke; she thought one of the restaurants was on fire."

"At dinner that night, the explosion was on everyone’s lips. 'We thought it was a bomb,' one middle-aged passenger said. 'American ship in a British port – quite an easy target.'

All of the accounts we have read praised the captain and crew.  "Within minutes, the captain made an announcement, ordering everyone off the open decks and balconies, and sending a rapid response team up to deck 11 where the outdoor pools and bars were packed with young families making the most of the Gibraltar heat."

"Officers ran along the side of the dock to the stern of the ship, presumably to check for any damage . . .   Just four minutes later, we slipped our moorings and the ship sailed . . . Thanks to a quick-thinking captain, a major incident was averted." 

YouTube member "Kasbah89" posted a video of the fire.  It shows the Independence of the Seas quickly departing away from the burning oil tank and turning to head out of danger:

 

   

Were you on the cruise and have photos or video to share?  Please let us here from you.

Video credit:  kasbah89 / YouTube

Some amazing photographs can be viewed at David Parody's Flickr photostream here.

Will Royal Caribbean Ever Live Up to Its Promises to Falmouth Jamaica?

Last week I traveled to Jamaica to visit clients in Montego Bay and Ocho Rios.  During our trip, we also attended to some matters in the port town of Falmouth where Royal Caribbean parks its new mega-ships, the Genesis class Oasis of the Seas and the Allure of the Seas. 

Falmouth is the capital of Trelawny parish, Jamaica, located on Jamaica's north coast near Montego Bay.  

Falmouth Jamaica - Cruise PortFalmouth was named after the birthplace of Sir William Trelawny in Falmouth, Cornwall, Britain. In the late 1700's, Jamaica was the world’s leading sugar producer.  At the turn of the 1800's, one hundred sugar plantations in Trelawny parish provided sugar and rum for export to Britain. Falmouth has a notorious past because it was a center for the slave trade from Africa.  Based on its rum, sugar and slave business, it became one the wealthiest ports in the "New World." 

Falmouth has since fallen on hard times; its quaint Colonial architecture appears now largely in a state of ruin. 

Several years ago, Royal Caribbean had a problem.  It designed its new "Genesis" class cruise ships (Oasis of the Seas and Allure of the Seas) but few ports could accommodate them. These mega ships were far too big to dock at the Freeport / Montego Bay facility. 

The cruise line approached Jamaica and proposed a deal where Royal Caribbean would agree to use Falmouth as a port for its new cruise ships - provided that Jamaica would spend around $120 million deepening its port and creating a new facility to handle the new ships.  The trade-off to Jamaica for this investment would supposedly be the infusion of money into Falmouth and the surrounding parish when the Oasis and the Allure, each with over 6,000 passengers, arrived in town. 

Falmouth has a population of around 7,500.  In theory, the population of the town would essentially double any time one of the Genesis class ships arrived at port, with lots of Americans with cash in their pockets.  

Jamaica jumped at the deal. No environmental impact statement or detailed economic analysis was prepared.  The Port Authority of Jamaica (PAJ) prepared promotional materials suggesting that "the destination will deeply reference the town's history, offering visitors a unique sensory experience of the Colonial era."  Royal Caribbean's President Adam Goldstein signed the deal with Jamaica's Prime Minister Bruce Golding and promised to deliver 400,000 passengers a year to Falmouth over the next 20 years, with an expectation that each passenger would spend over $100 in the port. 

So is Royal Caribbean living up to its promises to Falmouth?

The Allure of the Seas was in Falmouth when we arrived.  To my surprise, there were relatively few cruise passengers sightseeing, eating in restaurants, or buying souvenirs in town.  It was hard to determine whether the passengers were remaining on the gigantic Allure city-to-itself cruise ship, or they had left in tour buses.  

There are few signs that Royal Caribbean has invested anything in Falmouth.  There is a new plaza in the middle of the town which replaced a traffic roundabout.  There are a few newly planted Falmouth Jamaica - Royal Caribbean Cruise palm trees desperately in need of irrigation.  

We asked a number of store owners and local Jamaicans what they thought about the new port.  A few restaurant owners were appreciative of the cruise ships which brought crew members looking for a place to eat and relax.  But no cruise passengers were inside.  Most Jamaicans expressed mixed feelings, complaining that the passengers are loaded up in cruise-line-arranged tour buses inside of  the port, where excursions sold are largely for the benefit of the cruise line and then the passengers are quickly bused out of Falmouth towards Ocho Rios and Dunn's River Falls.   

Were Royal Caribbean promises to Falmouth just sweet talk and part of the seduction of Jamaica to belly up over $100 million to dredge a deeper port for the Oasis and Allure mega ships which could not port in Freeport?  Will even a dime of the hundreds of millions of dollars in cruise line profits ever find their way into schools for the kids of Falmouth or the sick and infirm in the modest medical center at the outskirts of this historic old town?    

When we left Falmouth to drive over to Ocho Rios, we parked and looked back at the new port.   I took a photo of the Allure of the Seas looming over the few two story buildings at the port which were not knocked down during the "revitalization" of Falmouth.  I could not help but think what an appropriate image of the relationship between this huge cruise company and the little town of Falmouth.

Counting all passengers and crew, the Allure contains more people than all of Falmouth.  When the cruise ship left to sail back to Miami, it was leaving with literally tens of millions of dollars destined for the cruise line's coffers.  Aside from the money spent on Bob Marley t-shirts and wood carvings, few U.S. dollars remained in Falmouth.           

As a history major, I believe that the answers to questions about the future remain firmly planted in the past.

Jamaica has a history of being exploited by foreign plantation owners, sugar barons, slave owners, and bauxite-mining companies. 

In the end, Royal Caribbean will do no better for Falmouth than those in the past who have taken greatly and given little in return to this beautiful island.  

Falmouth Jamaica - Allure of the Seas - Royal Caribbean Cruise

Royal Caribbean Ordered to Pay $1,250,000 to Injured Crewmember

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Allure of the Seas "Rescues" Migrants Fleeing Cuba

The Miami Herald reports that  Royal Caribbean’s Allure of the Seas stopped to pick up nine Cubans (eight men and one woman) as the cruise ship sailed back to Fort Lauderdale around 2 p.m. today.   

The newspaper indicates that the migrants had been at sea for eight days. The cruise ship personnel provided food, water and medical attention to the Cubans.  The narration to the video mentions that the immigrants were using "brooms" to paddle, but you can clearly see from photos posted on the Cruise Critic site that they were using long paddles. 

Although you can hear the cheers on the video when the migrants were rescued, the story does not end happily for the Cubans.  The U.S. Coast Guard and Department of Homeland Security will undoubtedly deport then back to Cuba where they run the risk of ending up in one of Castro's jails.

In this video, you can see the rescue vessel taking the Cubans out to a Coast Guard cutter which arrives on the scene.

This is not the first time a Royal Caribbean cruise ship "rescued" Cuban immigrants.  On May 1st, the Navigator of the Seas picked up eight Cubans 40 miles north of Cuba.  You can see the dramatic photos here.

Last December, the Monarch of the Seas picked up six Cubans who had been at sea for 15 days in a raft consisting of a bunch of tires tied together with a makeshift sail.  If they made it ashore to the U.S. they could remain here; however, if they are "caught" in the water by the U.S. Coast Guard, they will be deported.  You can read about that ordeal in Royal Caribbean Intercepts Cuban Immigrants.

 

 

Video credit:  Hinch family via Miami Herald / CBS Channel 4 (Miami) 

Latest Royal Caribbean Rape Allegation Reveals Problem of Underage Drinking on Cruises

The Miami New Times published a disturbing article this afternoon "Royal Caribbean Sued After 17-Year-Old Girl Allegedly Raped by Cruise Singer." 

The article by Michael Miller involves an encounter between a 17 year old passenger ("Jane Doe") and a 31 year old Royal Caribbean crew member employed as a singer in a band on the unidentified cruise ship.  After the crew member bought the minor a piña colada, two rounds of "Jaeggerbombs" and "a few more drinks," they ended up in the crew member's cabin where the rape allegedly occurred.  "Another man" (apparently another passenger) then ended up in Royal Caribbean Alcohol - Underage Drinking - Intoxication  the cabin and took pornographic photos of the drunken girl, according to the article.

The lawsuit alleges that the minor was required to prepare a written statement while she was still intoxicated.  She was then permitted a medical examination, where her blood alcohol level was .101. 

The curious part of the article is the newspaper writes "Royal Caribbean, which is based in Miami, could not be reached for comment regarding the lawsuit."  This is odd because the Miami New Times is here in Miami and a short distance down Biscayne Boulevard from the port where Royal Caribbean is located.  It is less than clear whether the reporter called the cruise line or tried to make contact with any law enforcement who may have been involved.

It is my understanding that the cruise line notified the FBI which quickly ended its investigation and arrested no one.  The cruise line then undoubtedly terminated the crew member involved.  Like most (alleged) cruise rapes, this case ended as soon as it was reported.  The (alleged) victim will be left with no recourse except to file a civil case.  The fired crewmember will probably end up working on a Carnival cruise ship in six months. 

What happened in the cabin?   Did a rape occur?  I don't know, I was not there.  There will be no criminal jury impaneled to weigh the evidence. 

But whatever happened, one thing is certain - the minor was served a great deal of alcohol, sold by a crew member to another crew member, both of whom knew that the cruise line has a policy against serving minors with alcohol.  The minor appears to have been drinking the piña colada, two "Jaeggerbombs" and "a few more drinks" in public, undoubtedly in view of other crew members who were aware that minors can't be served alcohol and that crew members cannot "fraternize" with passengers, whether they are adults or minors.

Incidents like this do not happen in a sober environment or in a serious setting where security personnel are on alert.  When I read these type of stories or am contacted by women in similar situations, I am quickly reminded of the "anything goes" mentality of shipboard life on cruise ships.  Did the parents of the girl (who are not mentioned in the article) have any idea how many incidents of overserving minors and sexual assaults occur during cruises?

Royal Caribbean needs to improve its alcohol policies and procedures. It needs to warn parents about dangers like this.  Cruise lines earn hundreds of millions of dollars a year pushing the sale of alcohol, some of which is consumed by young girls who end up in places on cruise ships where they should not be alone. 

 

Photo credit:  Royal Caribbean drink menu via Cruise Critic  

Tina Fey's Honeymoon Ruined By Cruise Ship Fire?

Yesterday was a rather strange day.  I received  a couple of calls and emails asking for information about a cruise ship fire which ruined the honeymoon of Tina Fey. 

Tina Fey?  The comic, I asked?  You mean the Saturday Night Live star with the great impressions of Sarah Palin?  The star of NBC's 30 Rock??  On her honeymoon on a cruise ship which caught fire, I asked???  Yes, that's right the inquiring minds insisted, mentioning something about "reading Tina Fey - Cruise Ship Fire - Honeymoonabout it in the newspapers."

Hmm.  The last cruise ship fire I am  aware of involved the Mexican cruise ship, the Ocean Star Pacifica, earlier this week.  A generator fire knocked out power to the cruise ship, forcing the evacuation of its passengers and crew.  Certainly a celebrity like Tina Fey would not be caught dead slumming on a 41 year old Mexican cruise ship.  Maybe she sailed on a super luxury ship like the Silver Cloud  or the Seabourn Sojourn but certainly not an old tub like the Ocean Star.   

So I googled Tina Fey and cruise ship fire and sure enough, there were a dozen "articles" about the topic.  But the "newspapers" were all gossip rags like STAR magazine which published the  "breaking story" "Fey's Honeymoon Cruise Was Wrecked By Fire," which gave this account:

Comedienne Tina Fey will always remember her honeymoon for all the wrong reasons - the cruise ship she and her husband were sailing home to New York from Bermuda on caught fire.

The actress/writer admits the voyage had been a lot of fun until she found herself standing by a lifeboat about to abandon ship.

Fey recalls, "The ship was on fire, so we had to go and stand by our lifeboats... and we really had to stand women and children in the front, men in the back, and I remember holding hands with my husband, thinking like, 'Oh my gosh, we're gonna be one of those people on the news that died on Seth Meyer - Cruise Ship - Saturday Night Livetheir honeymoon...' and he said he was thinking... 'It's gonna be so hard for her when they bring the lifeboats down and she stays with me'.  I was thinking, 'It's gonna be so hard for him when I get on that lifeboat.  But it all worked out.'

This account intrigued me even more.  Tina Fey is a joker but certainly she would not joke about something as serious as a cruise ship fire with passengers about to abandon ship. 

So I did a little research, and found out that the incident did occur although it certainly was not "breaking news."  The fire occurred in June 2001, and involved Royal Caribbean's Nordic Empress.  

The Nordic Empress was sailing back from Bermuda to New York following a 7 day cruise. The fire erupted when the cruise ship was about 140 miles northwest of Bermuda.

The Royal Caribbean PR people said that the fire "was quickly extinguished by the ship's crew and Adam Sandler - Going Overboard - Cruise Shipits sprinkler system." 

The Coast Guard investigation revealed that the fires in the engine room were not completely extinguished for three hours.  The damage caused the vessel to be adrift for seven hours. (The country of Liberia, where the cruise ship was flagged, invited the U.S. Coast Guard to conduct the inspection).

You can read the marine casualty report here, and you can review an excellent summary of the incident by the Professional Mariner here.

Saturday Night Live (SNL) has entertained the public with some funny skits about cruise ships over the years.  Seth Meyer did a funny bit about Royal Caribbean's Oasis of the Seas.  Adam Sandler starred in a unfunny movie called "Going Overboard." 

But unlike her co-stars on SNL, Tina Fey went through the real deal - a fire which disabled the cruise ship and caused over 1,500 passengers to stand at their muster stations on the deck at night ready to abandon ship - only to now laugh about it ten years later.

Royal Caribbean Executives Get Richer While Crew Members Get Poorer

In a proxy filing with the Securities and Exchange Commission, Royal Caribbean Cruises disclosed that its 2010 compensation paid to CEO Richard Fain (photo left) increased almost 60% to $8,600,000.  Royal Caribbean increased the compensation paid to the company's four other named executives from 18.5% to almost 50%.  The largest compensation increase of the four executives  went to Adam Goldstein (photo right), the president of Royal Caribbean International, whose total compensation increased to over $4,000,000. 

These increases were primarily incentive based, meaning that the executives met or exceeded Royal Caribbean Executives - Richard Fain - Adam Goldsteincertain financial goals for the corporation.

One of the company's goal we have been concerned with has been to reduce payments to ill and injured crew members.  In 2008, Royal Caribbean had over over 1,200 open medical files for ill and injured crew members around the world.  Due to certain cost cutting measures, by 2010 Royal Caribbean slashed the number of open crew medical files to around 400. 

In the process, the cruise line culled over 800 ill crew members from its medical department's responsibility.  In many instances, there was no legal basis to terminate the medical care.  In cases where the medical care was not arbitrarily terminated, the cruise line reduced the daily stipend for sick crew employees from $25 to $12 a day.  Needless to say, it is impossible for anyone to live on $12 for food and lodging a day.

These harsh cost cutting measures "saved" Royal Caribbean millions.  Given the fact that cruise executives Fain and Goldstein collected over $12,500,000 together last year, it looks like the money formerly spent on crew member medical benefits ended up in the executives' pockets.   

 

Photo credit:  Royal Caribbean International Flickr photostream

Booze, Drugs & Sex in a Royal Caribbean Cruise Commercial?

Before Royal Caribbean lost its mind and created the 'Nation of Why Not" (which seems like a rip-off of Mad Magazine's Alfred E. Neuman's "What Me Worry?"), the cruise line used a snappy song called "Lust for Life" as part of its Get Out There! marketing campaign.

You remember the video - passengers hiking on a glacier, dog sledding and kayaking, while a  upbeat tune with a heavy base blared out the refrain Lust for Life!   Take a look and listen:

 

 

But few people (except those Iggy Pop fans like me) knew what the song was really about - booze, drug addiction, a dead heroin dealer, and sex.   Here is a portion of the lyrics: 

Here comes Johnny Yen again
With the liquor and drugs
And the flesh machine
He's gonna do another striptease
Hey man where'd you get
That lotion? I been hurting
Since I bought the gimmick
About something called love
Yeah something called love
That's like hypnotizing chickens
Well I am just a modern guy
Of course I've had it in the ear before

'Cause of a lust for life
'Cause of a lust for life .  .  .

Both of my boys have Iggy Pop loaded on their iPods.  They used to break out in laughter when they heard this commercial.  They'd say "hey Dad, isn't that the cruise line you sue all of the time?  Why is Iggy Pop singing for them?"    "Yes," I would tease them.  "Royal Caribbean's CEO Richard Fain may seem like a Tony Bennett or Perry Como fan, but he secretly loves Iggy Pop!" I would tell my kids.

Take a minute and listen to Iggy's original version of "Lust for Life" back in 1977 ( when I was a freshman in college):   

    

 

Royal Caribbean, Iggy Pop, drugs, booze and sex - strange bedfellows in the weird world of cruising . . .  

Celebrity Cruises Abandons Disabled Passenger in Guadeloupe

A newspaper in Michigan is reporting on what is described as a the "shocking and scary" story of a disabled cruise passenger who faced  the obstacles of a non ADA-compliant cruise ship only to have the cruise line force him off the ship in a Caribbean port to fend for himself alone. 

Jim Keskeny, age 66, is confined to a wheelchair after being diagnosed with multiple sclerosis ("MS").  He booked a cruise of the eastern Caribbean with Celebrity Cruises, which is owned by cruise line giant Royal Caribbean Cruises.

The newspaper reports that Mr. Keskeny paid $4,000 for a larger stateroom for his wheelchair.  He Jim Keskeny - ADA - Cruise Ship - Disability - Handicapped Passenger also reportedly paid extra to have a crew member available to assist him because he was traveling alone. 

According to the article "Voices of Disability: Cruise Line Strands Disabled Senior on Island" written by journalist Jerry Wolffe,  Mr. Keskeny had traveled extensively during his career on behalf of the Multiple Sclerosis International Federation.  But his treatment on the cruise ship was like nothing he had experienced before.  The cruise line refused to assist him getting over the non ADA-compliant threshold into the bathroom, or to assist him when he fell.  “They wouldn’t touch me,” he said. “I felt like a leper.”

“If they had to touch me or lift me, I would be made to disembark,” he said cruise officials told him.

On the seventh day of the cruise, the cruise officers were true to their threat.  They ordered Mr. Keskeny off the cruise ship and left him in his wheelchair in Guadeloupe, alone.  He reportedly spent about $1,500 to get home. 

The newspaper notes that of additional concern to Mr. Keskeny, was the fact that he had to travel through the airport in Haiti.  Travel to Haiti normally requires vaccinations for certain diseases which pose a particular threat to Mr. Keskeny because of his MS which weakens a person’s immune system. 

The cruise in question was aboard the Century, one of Celebrity Cruises' older ships.

Although our firm does not handle ADA violation cases, the issue of how cruise lines treat or, in this case, mistreat customers is of particular interest to me.   How any particular corporation treats the handicapped and elderly is ultimately the greatest reflective of the ethics and core values of the company.

We asked Royal Caribbean for its side of the story but the cruise line refused to respond.

Ironically, in February we reported on this cruise line exceeding a disabled passenger's expectations (admittedly only after a few disastrous attempts).  Consider reading Celebrity Cruises Provides Perfect Cruise for Visually Impaired Guest.

Readers, what do you believe is the cruise line with the best (or worst) reputation for accommodating the needs of disabled passengers? 

Let us hear from you.  Please leave a comment below.  

April 13, 2011 Update:  Cruise Critic has an article with Celebrity's spin on the story - "Disabled Cruise Passenger Ordered Off Celebrity Ship During Charter."  The article says that the cruise line has a policy that passengers with special needs must be self-sufficient and, if need be, travel with a companion to provide assistance with eating, dressing, toileting or lifting. I initially did not see any such language on Celebrity's web site or in its "Special Needs" section. Under a section called "Outstanding Service," the cruise line says: With one staff member for nearly every two guests, Celebrity's personal service anticipates your every need. Unobtrusively. Intuitively. So you'll feel restored and relaxed–effortlessly. In your stateroom . . ."

A reader brought the answer to the question "Can I Travel Alone?" in the Frequently Asked Questions site to my attention.  However, this is not a term or condition in the passenger ticket and is just an "answer" to a "frequently asked question" and of no legal effect.  I see no terms and conditions stating that the cruise line can send a disabled passenger off the ship for not reading a "frequently asked question."   

In any event, why kick a 66 year old disabled passenger off of a cruise under these circumstances?

Where is the compassion people?

Although Cruise Critic quotes the cruise line calling the incident "regrettable," and the company which chartered the cruise ship uses the phrase "terribly unfortunate," it looks like their regret for Mr. Kesney's misfortune stops short of reimbursing him a penny. 

April 18, 2011 Update:  Read our updated article: Celebrity Cruises and Disabled Passenger Exchange Threats - Are Celebrity's Cruise Ships ADA Compliant?

 

Photo credit:  WXYZ ABC-7 Farmington Michigan

Crew Member Goes Overboard from Celebrity Constellation Cruise Ship

Celebrity Cruises Cruise Ship - Crew Member Overboard A reader of Cruise Law News informs us that a crew member from a Celebrity Cruises ship disappeared at sea. 

Indian crew member Anthony Rodrigues went overboard on March 10, 2011 from the Celebrity Constellation.  Mr. Rodrigues was a 19 year employee of the cruise line.  His family members in Mumbai were not notified for two days and were not given an explanation for him going overboard.

Unfortunately, overboards from cruise ships in the Royal Caribbean / Celebrity Cruises fleet appear to be a regular occurrence.  Two weeks ago, we wrote an article about another crew member from India disappearing - Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Of course, missing crew members are not limited to Royal Caribbean cruise ships.  Yesterday, we commented on a Carnival crew member who went overboard - Carnival Cruise Employee Goes Overboard - Does the U.S. Media Care When Foreign Crew Members Disappear at Sea?

There is no official database of passengers and crew who go overboard from cruise ships. The cruise lines say that this is something that they just don't track.  Perhaps they should start studying the problem.  The best source for tracking cruise overboards is cruise expert Professor Ross Klein's website which lists 155 overboards in the past ten years.  

If you have information about this incident, please leave a comment below.

 

Photo credit:    dsparku

Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Newspapers in India are reporting that a young man working as a crew member on a Royal Caribbean cruise ship disappeared at sea.

"Disappearances" at sea have been a regular occurrence on Royal Caribbean cruise ships over the past several years.   

The Times of India ("Did 'Missing' Ship Staffer End Life?") and the Hindustan Times ("Chef Commits Suicide in U.S., Mom Cries Foul") report that 27 year old Sandip Surwade went missing from Royal Caribbean's Grandeur of the Seas cruise ship on February 18th in waters near Aruba.

Sandip Surawade - Missing - Royal Caribbean Grandeur of the SeasThe Indian newspapers report that Mr. Surwade left India for work on the Royal Caribbean cruise ship in June of last year.  On February 20th of this year, a representative from the local hiring agency in India came to Mr. Surwade's home in Bara Bungalow, Thane (north of Mumbai) and told his family that he was "missing."  The hiring agency gave the family a telephone number and e-mail address of Dr. Fabio Acevedo, a supervisor in the medical crew department of the cruise line.

Later, the cruise line told the family that their son committed suicide by jumping off the cruise ship around 9:00 p.m. on February 18th.  The cruise line claims that Mr. Surwade left a letter which mentions the name of a female crew member with whom Mr. Surwade was allegedly involved, notwithstanding that he was reportedly engaged to be married in April. The letter purportedly states that his supervisors were troubling him and the woman due to their relationship. 

His family doubts the authenticity of the letter which, according to the newspaper articles, was written in chaste Hindi, a language with which he not particularly familiar. The family tells the newspapers that Royal Caribbean and the local agent for the cruise line has "stonewalled" them. 

The cruise line, however, states that there are closed circuit video tapes documenting the overboard and an eye witness who allegedly confirms that Mr. Surwade jumped from the ship.  

What is one to make of this mess?  The family suspects foul play.  If another crew member saw him jump, why did the cruise line first tell the family that their son was "missing" and then mention "suicide" later?  Why did it take the cruise line 2 days to tell the family?

Adding to the confusion is that the first public account of this incident is in a newspaper in Aruba, Cruise Ship Overboard - Missing Crew Memberindicating that it was a passenger who committed suicide.  Another newspaper in Aruba indicates that the cruise ship first reported the incident around 11:00 p.m. on February 18th which, if true, would be 2 hours after the overboard.  Helicopters and a coast guard cutter from Aruba searched for 4 hours before ending the search with intentions of searching again at day light.      

An online website, "Cruise Bruise," speculates wildly that Mr. Surwade's disappearance may have been a drug-related murder.  As we reported,  Royal Caribbean crew members were smuggling large quantities of cocaine from South America aboard this cruise ship and there was a drug bust on the Grandeur of the Seas ship a few days later when the ship reached Montego Bay.  However, there is no indication that Mr. Sandip was involved in drug smuggling or a victim of violence by drug smugglers, and at this point there is no connection between his disappearance and the drug bust as suggested by others.

Nonetheless, we are  suspicious of most anything this cruise line says.  It suffers from a lack of transparency and the most unexplained disappearances and deaths of any cruise line. 

Did this crew member really commit suicide, which is the cruise line's favorite excuse?  Consider how cruise lines use the "suicide defense" as a public relations tool -  "Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea.

Also consider in the last year:

January 6. 2011: Another Passenger Overboard From A Royal Caribbean Cruise Ship

November 30, 2010: Death of a Young Jamaican Cook on the Mega Ship Oasis of the Seas 

May 24, 2010: Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas

May 5, 2010: Crew Member Overboard from Royal Caribbean's Explorer of the Seas

March 22, 2010: "Man Overboard" Reported on Radiance of the Seas

January 4, 2010: Asleep At the Wheel: What Does the Delayed Reporting of Neha Chhikara's Disappearance from the Monarch of the Seas Reveal About Royal Caribbean's Shipboard Security?

Sandip Surawade - Overboard - Royal Caribbean Grandeur of the SeasJanuary 1, 2010:  Wife of Royal Caribbean Crew Member on Monarch of the Seas Goes OverBoard

Determining the cause of cruise ship overboards and mysterious deaths is the role of experts - the F.B.I., sometimes the U.S. Coast Guard, or other law enforcement authorities - not the cruise lines' PR departments.   

But this case raises a more profound question.  Who investigates the circumstances of a crew member from India who goes overboard into waters around Aruba from a cruise ship flagged in the Bahamas and operated by a cruise line incorporated in Liberia?

This is a no man's land, where there are no clear answers - only self-serving statements by a cruise line with a reputation of being less than honest. 

 

Photo credits: 

Photographs   24ORA.com

Overboard drawing     CruelKev2's blog regarding overboard cruise passengers 

Cruise Passenger Beaten and Raped in Nassau - Are Royal Caribbean and Senor Frog's to Blame?

A horrific crime occurred in Nassau involving a twenty-four year old Canadian woman cruising to the Bahamas. 

"Jane Doe" (whose name is being withheld to protect her confidentiality) cruised aboard Royal Caribbean's Majesty of the Seas from Miami, leaving February 21st.   Jane Doe sailed with her father and friends.  The cruise ship docked in Nassau on February 23rd. 

While ashore the group ended up at Senor Frog's, a popular local bar, early in the evening.  Senor Frogs is located at the end of a promenade called the "Woods Rogers Walk," near the Straw Market, close to the wharf where the cruise ships dock. 

Senor Frog's - Sexual Assault - Nassau Bahamas After leaving the bar to head back to the cruise ship, the young woman was viciously attacked and sustained physical injuries.  Looking for help, Jane Doe was then sexually assaulted by a second man (pretending to be a good samaritan) who raped her.  She treated in a local hospital in Nassau and then eventually flew home to Canada to recover.

The high crime rate in Nassau is an issue which I have written about frequently on this blog.  We have represented and written about many cruise passengers raped or robbed at gun point in Nassau.  The Bahamas has the highest incidence of rape in the Caribbean according to a 2007 United Nations report on crime and violence.  

Cruise lines are legally obligated to warn passengers of crimes in the ports of call where the cruise ships sail.  Unfortunately, cruise lines like Royal Caribbean do not warn of violence against passengers before disembarking them in Nassau, although the U.S. State Department does.  A year ago,  I was interviewed by Time Magazine in the article "Cruise-Ship Port Call: Gauging Crime in the Bahamas."  I also  wrote an article warning about violence against women in bars ashore in Nassau.  The article is entitled Cruising To The Bahamas - Is It Safe? 

In response to the article, we received a letter from Senor Frog's requesting the: 

".  .  .  immediate removal of our front entrance picture and name from your website. We feel that your website has a negative impact togards (sic) our facility and our pictures and name has been used causing damage to our name and reputation, regardless of the crime in the bahamas.  Senor Frogs Restaurant is a serious stablishment (sic) pro-security we have daily security staff plus the fact that our location is just 1 minute walking distance to a police station our staff always ensure that customers are safe and having a good time we have zero tolerance to crime or disrespectful manners."   

Needless to say, we did not retract the reference to Senor Frog's or omit the photo. 

We requested a comment from Senor Frog's about this latest incident, and a copy of its response is referenced below. 

We also contacted Royal Caribbean for a statement but have received no response. 

Below is our article dated March 14, 2010, "Cruising To The Bahamas - Is It Safe?"

The U.S. Department of State has issued a warning of dangers while traveling to the Bahamas, including sexual assaults on cruise ships in the port in Nassau:

Nassau Bahamas - Crime - Cruise Passengers"CRIME: The Bahamas has a high crime rate .  .  .  the U.S. Embassy has received reports of assaults, including sexual assaults, in diverse areas such as in casinos, outside hotels, or on cruise ships. In several incidents the victim had reportedly been drugged."  

This type of warning, although certainly warranted, is not what the Bahamas wants to hear.  Nassau is a preferred port of call for many cruise ships, which line up like cars in a crowded parking lot.  

Today's the headline in the Washington Post's travel section is also not what the Bahamas or the cruise lines which sail there wanted to hear: "Violent Crime Is Up In The Bahamas"  Here is a portion of the article:

"Bahamas-bound travelers, beware.

Crime in the popular tourist destination is on the upswing, especially on New Providence Island, where the capital city, Nassau, is located. And we're not talking just petty thefts or purse-snatching, but far more serious violent crime.

This island nation finished 2009 with a record 87 murders -- a statistic tourism officials probably won't be trumpeting in their next "It's Better in the Bahamas" ad  .  .  .

The criminal activity has prompted the operators of the world's largest cruise ship, Oasis of the Seas, to warn its passengers to "be mindful of their personal safety," the Nassau Guardian newspaper reported  .   .   .

Some Bahamians attribute the crime wave to high unemployment (hovering around 15 percent on Senor Frog's - Nassau Bahamas - Alcohol - Rape New Providence Island, according to the Guardian) and the nation's status as a gathering spot for drug traffickers."

We have warned passengers cruising to Nassau about crime for the past 6 months:

Eleven Cruise Passengers Robbed in Nassau 

18 Passengers From Royal Caribbean & Disney Cruise Ships Robbed By Shotgun in the Bahamas

Bahamas Cruise Crime Nightmare Continues

Nassau Welcomes Oasis of the Seas as Bahamas' Murder Count Reaches Record-Breaking Level

The problem with crime in Nassau is real.  Many passengers let their guard down and think Nassau is safe for no reason other than the cruise line is sailing there.  But we have represented passengers raped in Nassau, passengers raped on cruise ships in the port in Nassau, and multiple passengers robbed in Nassau.   

A major problem is when young women go into Nassau and drink at the popular bars near where the cruise ships dock.  Many women have been sexually assaulted after leaving the bar even though it is a short distance from the cruise ships.  The cruise lines do not provide security at the port nor do they warn about the dangers of date rape drugs and sexual assaults while in Nassau.

The U.S. Department of State warns about young women being sexually assaulted after leaving the cruise ships in Nassau:  

"Visitors should exercise caution and good judgment at all times.  Engaging in high-risk behavior such as excessive consumption of alcohol can ultimately be dangerous as it greatly increases the vulnerability of an individual to accidents or opportunistic crime.  Visitors should not accept rides from strangers or from unlicensed taxi drivers."   

March 9, 2011 Update:  Senor Frog's in Nassau sent us a statement today  - please read: Senor Frog's Comments on Crime Against Cruise Passenger in Nassau.

August 15, 2012 Update: Royal Caribbean Passenger Reports Rape at Senor Frog's in Cozumel.

September 8, 2012 Update:  Eleventh Circuit Court of Appeals: Cruise Lines Have Duty to Warn of Danger of Crime in Ports of Call - a federal appellate court re-instates a lawsuit against a cruise line for not warning its passengers of danger in St. Thomas. The case involved a 15 year old girl who was celebrating her quinceanera with her parents and brother on a Carnival cruise. A gang-related shoot out ended up with the girl being killed.     

 

Credits:

Top photo - interior of Senor Frog's looking at cruise ships    

Middle photo - Oasis of the Seas - Nassau Bahamas Press

Bottom photo - Senor Frogs Casch52 Flickr photostream

Screwed If By Sea - Cruise Lines Throw Workers Overboard When It Comes to Providing Urgent Medical Care

Every so often, I will read an article which reminds me why I practice maritime law and represent crew members from around the world.  Here is an article from Miami's New Times about several of our clients.  Although it was published several years ago, it reveals how cruise lines today mistreat crew members to try and save money.  

"Doran McDonald reached Miami International Airport at dawn, limping and hopping to a pay phone after his third flight in 24 hours. His right leg had been boiled, and the odor of decay oozed from his burned flesh. The top of his foot was a grapefruit-size blister, the stretched skin tight and shiny. McDonald hadn't been able to elevate his leg at all on the flights from Alaska to Vancouver, or from Vancouver to Los Angeles, or from L.A. to Miami. The swelling and pressure were excruciating and he was close to passing out from the pain. He was afraid the next two segments of his trip (Miami to Antigua, Antigua to St. Vincent) would be unbearable. Adding to his discomfort was the thought of Doran McDonald - Royal Caribbean Medical Carearriving in his native St. Vincent: His family lived two hours from the airport and didn't have a car; he had no idea how he'd get home. McDonald would arrive on the island on a Sunday morning. No doctor would see him for at least another day. 

McDonald, a small, soft-spoken 29-year-old, did what any man facing such obstacles would do: He called his mother.

Pearlie Hector was angry. She thought her son should never have boarded an airplane, that he should still be in the Juneau, Alaska, hospital where he had received preliminary medical care the day before. Most of all, she thought Doran was being mistreated by Royal Caribbean International, the cruise line he was working for when he was burned. Hector told her son to call Miami lawyer James Walker, who had represented another family member in a case against a cruise line years before, and she told him to go to a hospital in Miami.

McDonald's decision to stay and retain a lawyer resulted in his receiving a quality of medical care he wouldn't have had access to on St. Vincent, but it also prompted Royal Caribbean to set in motion the federal government's immigration policy machinery. Within a month McDonald would be languishing at Krome Detention Center.

The massive ocean liners that steam out of the Port of Miami almost every weekend look like whole city blocks torn free and headed for the Caribbean. Happy passengers, unmoored from daily responsibility for a weekend or more, lean against the rails beatifically smiling and waving to MacArthur Causeway motorists. It is a long way from the upper decks of a cruise ship to sea level, and no one knows that better than the workers who inhabit the lower stations of such a vessel.

Passages honeycomb the great ships' interiors, opening onto cavernous ballrooms and opulent luxury suites. Endless hallways of cabins each morning disgorge tourists who scurry to sprawling, dining rooms or outdoor bars next to bright-blue pools that shimmer in the sun like clear, antiseptic simulacra of the murkier ocean below. Deep in the bowels of a cruise liner are the smaller rooms with bunk beds where the workers live. Employees tend the engine, cook the food, and clean the Cruise Line Medical Care - Crew Memberpools. If they're lucky, they tend bar or wait tables. Others clean rooms and fluff pillows.

Some, like Doran McDonald, wake up in the middle of the night to make use of the only lull in the never-ending demand for food onboard a luxury liner. They file into the galleys and wipe every surface from counters to walls, cleaning the daily residue of bacon grease and chicken fat, sweeping up stray sprigs of parsley and shreds of lettuce from hastily thrown together salads.

McDonald, like many cruise line employees, is from a poor country. The big ships provide an inviting economic opportunity for men and women from Third World nations in Eastern Europe, the South Pacific, and the Caribbean.

The sailor had something else in common with his fellow galley workers when he rolled out of his bunk around midnight on May 20, 2002, pulled on rubber boots, and trudged into the kitchen to start cleaning: a desire to move up to a higher-paying job in the dining room. "When I work for Premier I am a waiter, and the money then was very good," McDonald says. "But when I go to Royal Caribbean, I start over again at the bottom."

McDonald was no stranger to shipboard living -- even for $500 a month, doing janitorial duty onboard a cruise ship was more remunerative than harvesting bananas in St. Vincent. McDonald had gone to work for Premier Cruise Line in 1998, and advanced from galley worker to waiter, a job in which he made more than $1000 a month and sent much of it home. But in 2000 Premier went bankrupt. McDonald started over at Royal Caribbean in 2002.

May 20 was only McDonald's second night onboard the Legend of the Seas, a Royal Caribbean ship cruising from Miami to Alaska via the Panama Canal, but he figured the work was routine. He would sweep and mop and scrub, and then go back to bed. He would mentally tote up his earnings and plan to send them to his mother in St. Vincent.

The kitchen was a mess, and McDonald says his supervisor told everyone to work quickly. Mops were handed out like rifles to infantrymen, and a crew of eight began hustling through their cleaning routine. McDonald picked up a pot full of oil from a fryer that had just been switched off. The pot was heavy and hot, and the oil made tiny shimmering waves as he labored to carry it to a Crew Member Medical Care - Cruise Linesink where he could dump and scour. Halfway to his destination, McDonald slipped. He felt nothing as the scalding liquid drained down inside the rubber boot on his right leg, but jolts of adrenalin shot through the numbness as the oil cooked his leg and the top of his foot.

His crewmates carried him to the ship's clinic, where he was given ibuprofen. Doctors decided to wait and observe the afflicted area in order to determine how bad the burn was.

This is where McDonald's story and Royal Caribbean's diverge. According to company policy, if an employee is taken to an emergency room, the attending doctor will determine what kind of care is appropriate and where and when such treatment should be given. But McDonald says that the ship's doctor already told him he would be sent home to St.Vincent before he was taken to the hospital in Juneau. In depositions taken later, cruise line employees claimed that they adhered to the policy.

Notes written by the emergency room doctor in Juneau indicate that McDonald believed already that he would be sent to St. Vincent.

The ER doctor's notes also make it clear that McDonald's burns were mostly second-degree, with the possibility of some third-degree burns, a direct refutation of Royal Caribbean's claim that McDonald only had second-degree burns and was, therefore, fit to travel. Royal Caribbean medical case manager Terri DeBrita, who admittedly didn't know if the doctor she was sending McDonald to in St. Vincent had any medical license, said in a deposition that other crew members had received satisfactory treatment for second-degree burns in St. Vincent, though she couldn't remember any such cases specifically.

On May 24, after four days of nothing but ibuprofen on board the ship, McDonald began his journey from Vancouver to Miami.

When McDonald called a lawyer at 6:00 a.m. on Saturday, May 25, the attorney was annoyed. "I was in bed when I got the call from Mr. McDonald, and I thought, Jesus, what a hassle, you know?" says James Walker. "I thought it was probably nothing, but I knew his family, so I dragged myself out of bed."

Walker was aghast when he saw McDonald's foot. "The smell was disgusting," he remembers. "And it was obvious that he was in a lot of pain and needed immediate medical care. When I saw it I was hyperventilating." Walker took McDonald to South Miami Hospital, but not before meeting up with a photographer who documented McDonald's injuries. The blister on top of McDonald's foot ruptured in the emergency room.

After two days of treatment at South Miami Hospital, Walker arranged for McDonald to be checked into Baptist Hospital, into the care of a burn specialist who treated and observed McDonald for Jim Walker - Cruise Law - Maritime Lawyer  about a week before performing skin graft surgery on the badly burned foot.

In the meantime, Walker had informed Royal Caribbean that McDonald was being treated in Miami. This was, apparently, not to the company's liking. On June 4, Royal Caribbean's crew medical manager, David Blackwell, fired off a letter to the Immigration and Naturalization Service (now part of the Department of Homeland Security) that put a decidedly unsympathetic spin on McDonald's decision to get his health care in the U.S. The letter stated, in part, that "upon his layover in Miami, (McDonald) was intercepted by an attorney, James Walker, and taken to South Miami Hospital." The letter also characterized McDonald's admission to Baptist Hospital and his skin graft surgery as "a move on the part of the attorney to keep the crewmember in Miami."

McDonald stayed in the hospital through July, receiving physical therapy for his leg and foot. The doctor prescribed a custom-fitted pressure sleeve for the newly grafted skin. Royal Caribbean had been talking to Walker about McDonald's INS requirements, asking that he present himself to an INS official so that he could ask to stay in the U.S. throughout the course of his medical rehabilitation. At this point, Walker was unaware of Blackwell's e-mail to INS, and while he was wary of Royal Caribbean's intent, he knew McDonald had to comply with the law and show up for the hearing. The cruise line arranged for transportation to an INS office in Miami. McDonald thought he'd be checking into a hotel somewhere in Miami after his INS appointment.

Instead, INS officials handcuffed McDonald and slapped shackles on his ankles. "I told the guy that it is paining me on my foot and I now have a skin graft and my foot is not cured, and he told me I must take my time and walk slowly," McDonald recalled in a deposition.

McDonald confesses that up to this point he still clung to the hope that he could go back to work on Legend of the Seas for Royal Caribbean. McDonald wasn't happy about missing work. He still owed money to an "agent," basically a cruise line recruiter, who charged McDonald $1500 for his job on Legend of the Seas. "I really just want to get my leg fixed, get back to work," says McDonald. He says he was frightened and confused by the immigration officials, and didn't know what he was signing when he signed a piece of paper admitting he was in the U.S. illegally, and that returning home would not put him in harm's way.

McDonald again sought advice from his mother.

Pearlie Hector called everyone she could, including St. Vincent's diplomatic representatives in Washington. After five days her son was released from jail. "I tried everything I could to get him out of there, but they wouldn't even let me leave his leg sleeve for the prison doctor," Walker says. "It was his mom who got him out." McDonald was released temporarily, and placed in a boarding house for foreign cruise workers. He continued medical treatment until his foot healed. Even with the skin graft, there is some scarring and discoloration, and he says it's a little stiff. "But I think it would be very much worse if I don't have the surgery," McDonald says.

After the cruise line refused to pay for much of his medical treatment, McDonald sued Royal Caribbean and won an undisclosed amount. "I'm not rich," he says, smiling. "But I'm okay."

The papers he signed prevented him from staying in the U.S. legally -- and from having a seaman's visa, which would enable him to go back to work for another cruise line. Meanwhile, though, McDonald has become engaged to be married to a Haitian woman who resides in the U.S. and has applied for citizenship. McDonald is in the States illegally, working with an immigration Cruise Ship Medical Care - Crew Member lawyer to regain his legal status. "It doesn't look good because of the paper I signed," he says.

Cruise ships, with crew from around the world, are often registered outside the U.S., allowing South Florida-based companies such as Carnival Cruise Lines and Royal Caribbean International to skirt some U.S. labor laws (Legend of the Seas, for example, is registered in Liberia). The jurisdictional jumble -- foreign nationals working on ships registered abroad and often operating in international waters -- creates a legal gray area that can work to the detriment of employees.

There are few industry watchdogs; this is no surprise given the disparate ethnic groups that work on cruise liners, the transient nature of employment (contracts for a single cruise are not uncommon), and the constant movement of the ships themselves. But those who do keep an eye on corporations such as Carnival and Royal Caribbean say that employees, especially foreign-born employees, are being funneled to cheap doctors in the Caribbean who provide sometimes inadequate care for cut-rate prices.

"We hear about it all the time," says Scott Brady, an inspector with the International Transport Workers' Federation in Cape Canaveral. "A lot of people don't want to complain, because they want to keep their jobs. This line of work is the only hope for some of the poorer people from the Caribbean and from Eastern Europe, so they want to stay on with whatever company they're with. But you hear the horror stories." ITF doesn't keep any statistical data on health care for cruise line employees -- in fact, an exhaustive search conducted by New Times couldn't turn up a single advocacy group or agency that keeps comprehensive information on the subject.

"I can't prove anything, industry-wide, except that the cases keep coming in, and I see, one by one, instances where these companies are overlooking an obligation to provide quality medical care in order to save money," says Brett Rivkind, an attorney with the Miami firm Rivkind, Pedraza and Margulies. "We think it's cost-saving in terms of treatment, and also to avoid workers pursuing claims here in the U.S. They try to cover that up by saying "We're sending them to their hometown,' as if there's sentimental value that counts for something."

Carnival Cruise - Crew Member Medical Care Carnival settled such a case with Rivkind client Francisco Romero in August. "We had a case where a Carnival worker needed cataract surgery. He was using a Miami ophthalmologist, and the cruise line said, "No, no, we want to send him home to Honduras,'" Rivkind recounts. "The ophthalmologist in Honduras had just had a baby, and her husband was studying to be an ophthalmologist, so she just let him do the surgery." Fifty-year-old Romero, a long-time Carnival employee, lost his eye in 2000, and filed suit in June 2001. Carnival fought the suit for more than two years. "It's not enough they let this happen, when they could easily have gotten him a good surgeon in the U.S., but then they fought us tooth and nail when he tried to get compensation," Rivkind says. The settlement included a nondisclosure clause, so he can't reveal the amount Carnival paid Romero.

"These companies are making decisions regarding crew members' medical conditions on a legal basis and a financial basis, rather than a medical basis," Rivkind avers.

U.S. immigration policy makes it easier to send foreign-born crew members to second-rate doctors in Third World countries, according to Rivkind and others. Foreign-born crew members need medical visas to receive treatment on U.S. soil. Medical visas are usually good for 30 days, and if a crew member needs an extension, the employer must produce documented proof of the need for further treatment. In some cases, Homeland Security requires that the crew member be produced in person. This arrangement can work out to the employers' advantage if the crew member is fighting to receive medical treatment in the U.S. "Look, it's impossible to prove collusion," says Rivkind. "But I've had calls from these companies saying, "Yeah, sure, we'll get him the treatment he needs, but we have to produce him for an immigration hearing first, so he can stay in the country. It won't be a problem.' Next thing I know, the guy's being shipped home where he's likely to get god-only-knows what kind of care."

Royal Caribbean officials deny taking advantage of crew members. Blackwell, the crew medical manager, says that Royal Caribbean employs about 36,000 people, and takes good care of the 400 or so on medical leave around the world at any given time. But, he says, the company has to follow immigration rules. In the U.S., medical parole for foreign-born crew members is difficult to arrange since September 11, 2001 (Department of Homeland Security officials did not return phone calls asking about interaction with cruise lines).

"Immediately after 9/11 it was very difficult (to get medical parole for injured crew members) because of security," Blackwell says. "Then things kind of eased up a little. Recently, it's gotten more difficult again."

Blackwell says that medical parole in the U.S. is determined by immigration officials based on a doctor's evaluation. He also says the company can be fined up to $50,000 for violating immigration laws. He refused to comment on specific cases, but when pressed by New Times about his e-mail alerting INS that Doran McDonald had been "intercepted by an attorney" at Miami International Airport, Blackwell offered this hypothetical situation: "Our obligation as a company is, if a crew Brett Rivkind - Maritime Lawyermember is in transit and in the process they arrive in Miami to change planes and they do not make the flight, we have an obligation as a company to let INS know that a crew member has jumped ship, essentially."

Rivkind admits that, post-9/11, more stringent adherence to U.S. immigration laws makes it harder for cruise lines to keep injured crew members for treatment in the U.S. "But I think they're using that, as well. They used to have an ability to keep these guys on medical parole if they wanted to. With immigration changes, I believe it is more difficult, but I think the cruise lines also take advantage of that."

While Blackwell was willing to speak to New Times -- though not about any specific cases -- weeks of back-and-forth with South Florida's other cruise line giant, Carnival Cruise Lines, resulted in an anemic e-mail response. Spokesperson Jennifer De La Cruz wrote that no information on the number of crew members the company employs was available, nor was there any available information on the number of crew members receiving medical treatment, in the U.S. or elsewhere.

ITF's Brady says that the cruise industry is notorious for pressuring employees to avoid making waves, even when their health is at stake. "I can't prove it because all I get is word of mouth," he says. "Every once in a while someone gets a lawyer, but they always include nondisclosure agreements in their settlements. And if word gets back to a cruise line that an employee is speaking with a union representative about these kinds of issues, they'd be fired from their jobs and probably blacklisted."

There is no shortage of anecdotal evidence of medical malfeasance by cruise lines. Brady has stories, and Walker and Rivkind each have had several clients with similar tales of woe. One of them, 28-year-old Azumi Sagara, is actually a U.S. citizen who says Royal Caribbean employees tried to delay her access to an emergency room until the ship she was on traveled to Nassau, and then refused to pay for her medical care. Sagara was an ice skater on Royal Caribbean's Mariner of the Seas. As the ship lumbered toward Port Canaveralon March 27, Sagara found herself doubled over in pain. "Something in my abdomen really hurt -- I didn't know what it was, but I knew I needed to see a doctor." She was told she was probably pregnant. When a quick test proved otherwise, the ship's medic said she probably had an infection. "The doctor gave me some pills and told me to come back in a week," Sagara says.

By 9:00 p.m. the pain was so severe, she knew she'd have to go to the emergency room when the ship docked in Port Canaveral the next day. That night she called a nurse, asking for a referral from the doctor to seek medical treatment in Port Canaveral the next day. "She said, 'I can't call the doctor for that, you'll have to wait until tomorrow.'"

Sagara knew that would likely mean she couldn't get treatment in the U.S. Crew members only had two opportunities to get off the ship in Port Canaveral: before the passengers started leaving at 7:30 a.m., and after all passengers had disembarked, at noon. Sagara knew that a trip to the doctor would mean she'd have to wait until noon to get off the ship, and she was in too much pain to do that. "And at that point, I thought maybe I could get back onboard that day, but we had to be back by 3:45 p.m., so waiting until noon would pretty much put that out of reach," Sagara says. She decided to get off the ship and to the emergency room by any means necessary. "The ship's security officer wouldn't let me off," she says. "I said, 'I'm in a lot of pain, I need to go to the ER.' While I was signing off, he told me to wait until we got to Nassau." Eventually, she made a break for it. "I ran past the security officer and got to the immigration guy. The security officer was saying,'She's not cleared, she's not cleared.' I said, "I need medical attention.' The immigration guy said, 'I can't stop you from going to your own country.'"

Doctors in the ER told Sagara she had pelvic inflammatory disease, and ruptured ovarian cysts with some internal bleeding. "They said I had to see a specialist immediately," she says. Sagara flew home to California, received a week's worth of medical care, and returned to the Mariner on April 4 after missing one week of work. She worked for Royal Caribbean for the duration of her contract, until May 2.

Calin Ioan, a Romanian citizen, formerly a bartender aboard Royal Caribbean's Enchantment of the Seas and also a client of Walker's, is lucky to be alive. Walker filed suit on Ioan's behalf after the 28-year-old repeatedly went to the ship's doctor with complaints of ear pain, starting in the summer of 2002. According to Walker, Ioan was given ibuprofen and sent back to work. The Enchantment docked at Port Everglades every weekend, but Ioan claims that the ship's doctor would only allow him to see a physician in St. Thomas in September 2002. That doctor gave Ioan a nasal spray and some ear drops.

Eventually, the doctor in St. Thomas suspected something more was wrong with Ioan and, in January 2003, recommended a CT scan and biopsy. The ship's doctor wrote an e-mail to David Blackwell and Ioan's medical case manager, Bill Sera, summing up the St. Thomas doctor's suspicions. The doctor also suggested that they wait until Ioan's contract ended on January 20 and arrange for him to see an ear, nose, and throat specialist once he returned to Romania. The shipboard physician, Bernhard Van Staden, ends his e-mail with overdue compassion: "I would like this to be sorted out, as he has been going with his problem for quite some time."

By the time Romanian doctors detected the tumor in Ioan's throat (on February 2, 2003), it had reached Stage IV -- the final stage of cancerous growth -- and had spread too far to be removed surgically. Radiation and chemotherapy have beaten the cancer into remission, but they also rendered Ioan unable to work. He has been living with his mother since his return. His medical bills mounted, and he says that Royal Caribbean will only pay for some of his treatment costs. He retained Walker, and is suing for his living bills and all medical expenses from the time of his arrival in Romania. Royal Caribbean officials wouldn't comment on his case."

 

Article credit:  Forrest Norman, Miami New Times

Photo credit:  Jonathon Postal

Diagram credit:  CruiseBruise.com

 

Have a comment?  Please leave one below. 

 

Deaths, Drugs, Child Porn & Noro Virus Earn Royal Caribbean the Worst Cruise Line in the World Award (Again)

Its been a while since I awarded my monthly "Worst Cruise Line in  the World" award.

But for one cruise line - Royal Caribbean - this year has been a such nightmare that it wins the first worst cruise line award for 2011 hands down.  

Last week started off with the disappearance of a 32 year old musician employed by Royal Caribbean on its newest mega cruise ship, the Allure of the Seas.  Ms. Monika Markiewicz disembarked the Allure in Cozumel but did not return to the ship last Friday.  The Allure sailed Nelson Perez Torres - Murder - Royal Caribbean Cruise without her back to South Florida.  On Saturday, her body was found floating face down in the water off of Cozumel with wounds to her head.  The police in Mexico arrested a 24 year old employee from a local bar in Cozumel, Nelson Perez Torres, (photo left), whose parents of course swear he is a fine young man and didn't do it.  

Ms. Markiewicz was not the only young woman who died in Cozumel from the Allure of the Seas.  A 24 year old passenger, later identified as Samantha Paige Thomas, died in a Mexican hospital after allegedly swallowing a broach.  It is less than clear how Ms. Thomas ended up in the Mexican hospital.  Some people have suggested that she was initially seen in the ship infirmary which either could not or refused to treat her, leaving her in the hands of the General Hospital in Mexico.

A Mexican prosecutor convened a number of press conferences about the two deaths.  He  released medical information about Ms. Thomas and gruesome postmortem photographs of both Ms. Markiewicz and Ms. Thomas.   The international press covered these stories closely, and the Mexican press published photos and videos which undoubtedly traumatized the grieving families.   The articles inevitably contained photos of the Allure of the Seas juxtaposed with images like this of the alleged murderer or victim. 

Some newspapers in Europe (like this and this) were linking to Cruise Law News.  Not exactly the type of marketing the cruise line executives like to see.  Royal Caribbean took the unusual step of issuing a statement via PR Newswire, gratuitously adding that that the alleged killer and Ms. Markiewicz were "casually acquainted for several months."  (What a nasty PR department this cruise line has).  Royal Caribbean also made a point of characterizing the crime as "isolated and Allure of the Seas - Royal Caribbean - Cruise Ship Crimeuncharacteristic" for Cozumel, attempting to salvage Mexico's already dubious reputation as a safe place for cruisers to visit, in the hopes of keeping its mega cruise ships sailing to Mexico racked and stacked with passengers. 

The Allure's sister ship, the Oasis of the Seas, had a serious accident when a valve on a cylinder failed during a fire drill.  The cylinder struck one crew member from the Philippines in the head, killing him, and breaking the leg of one of the officers.  Royal Caribbean did not release a PR statement because the incident received little attention.  But someone identifying himself as an officer and part of the fire team left a comment on our blog that the incident was a risk which is one of the "perils of the sea."  Getting hit in the head by a defective cylinder is a peril of the sea??

Adding to these three deaths was the disappearance and death of a young man from a Royal Caribbean's cruise ship.  Last Wednesday the Spanish TV station Univision aired an "exclusive" story about the disappearance of 21-year-old Jose Miguel Pietri Tello from Royal Caribbean's Liberty of the Seas cruise ship.  The "Primer Impacto" program showed two videos which contained interviews with his surviving family members as well as closed circuit television (CCTV) images of the young man on the cruise ship right before he went overboard.  

We covered this sad story last month Another Passenger Overboard From A Royal Caribbean Cruise Ship, where you can watch the Primer Impacto video including clips from the onboard CCTV images. 

lawsuit was filed against Royal Caribbean over the death of a 56 year old passenger who was Drug Smuggling - Royal Caribbean Crew Member - Cocaine"tossed around like a ragdoll and was seriously hurt" during the violent storm which rocked the Brilliance of the Seas.  Three days later the passenger lapsed into a coma and subsequently died.  Doctors apparently diagnosed a "brain ­hemorrhage" as the cause of death.  But Royal Caribbean chose not only to refute the allegations but to release confidential medical information about its guest in an attempt to sully the waters.  Anyone at the cruise line hear of the Health Insurance Portability and Accountability Act (HIPAA) which protects patient's medical records?   

If stories about five deaths in the last month was not enough, three Royal Caribbean crew members (cooks) who smuggled heroin and cocaine from the Dominican Republic aboard the Royal Caribbean's Enchantment of the Seas were arrested.  $100,000 worth of cocaine and heroin were later found in a crew only area on the same cruise ship which has been sailing from Baltimore to the Caribbean islands. 

Then several Royal Caribbean crew members were arrested smuggling a large quantity of cocaine into Bermuda aboard the Explorer of the Seas. The ring leader was sentenced to 15 years in prison.

But bringing drugs onto Royal Caribbean cruise ships is not limited to crew members.  A drug dealing passenger was arrested on the Allure of the Seas after it returned from the disastrous cruise to Cozumel and then departed on what is described as the "largest gay cruise in the world."  The Atlantis Events charters have brought lots of drug overdoses and two deaths to Royal Caribbean cruise ships in the past; however, the cruise line invited the gay rave Atlantis crowd back to yet another cruise, this time aboard the Allure of the Seas.  Before the cruise, we asked whether Royal Caribbean was prepared to deal with the drug overdoses associated with the Atlantis group.  Predictably, there were multiple overdoses and one of the passengers who was friendly with the Atlantis organizers was arrested for allegedly selling over $50,000 of ecstasy, "Special K" and methamphetamine.

Royal Caribbean's PR people issued a statement that it has a "strict zero tolerance" of drugs.  Yeah right.  Last year, we reported on a drug related death on a Royal Caribbean - Atlantis cruise Atlantis Events - Royal Caribbean - Drugs involving Spencer Yu, an attorney for Warner Brothers.  The truth is that the cruise line is all too happy to invite the Atlantis partiers aboard because they spend a ton of money on the cruise ships even if they are well known to suffer through a dozen drug overdoses and a death or so each cruise.

Zero tolerance of drugs?  Royal Caribbean has already made plans to charter the Allure to Atlantis in 2012.  

Isn't this enough to win the worst cruise line in the world award?  But there's more.

The FBI arrested a crew member aboard the Constellation operated by Royal Caribbean's sister company Celebrity Cruises on child-pornography charges after the cruise ship arrived at the Port of San Diego.  His computer reportedly contained 450 photographs and about 250 video files of child pornography portraying a total of 44 different victims.  He chatted on line about wanting to have sex with children in Mexico, which was on the cruise ship's itinerary.  The crew member was employed as the audiovisual manager on the cruise ship and provided onboard guest-entertainment services. 

And to cap things off, Royal Caribbean's Radiance of the Seas was the first cruise ship to suffer a nasty noro virus outbreak this year.    

Most cruise lines have not this much bad press in a couple of years.  But for Royal Caribbean, it comes naturally.

 

Royal Caribbean has won the "Worst Cruise Line in the World" award before:

"Titanic Dreams" - Royal Caribbean Wins "Worst Cruise Line in the World" Award

 

Royal Caribbean Crew Member Sentenced to 15 Years for Drug Smuggling

A Court in Bermuda sentenced a Royal Caribbean waiter, Ricardo Stewart, 32, of Ochos Rios Jamaica, to 15 years in prison for organizing the smuggling of cocaine on the Explorer of the Seas.  We reported on the story in a prior article - Another Royal Caribbean Crew Member Busted for Drug Smuggling.

There are articles on line from Bermuda and Jamaica about the sentencing.

Ricardo Stewart - Waiter - Royal Caribbean - DrugsThe Royal Gazette newspaper in Bermuda reported on the emotional statement Mr. Stewart made at the hearing:

"I’m innocent.  I’ve been working on the cruise ships for nine and a half years and taking care of my son and my fiancee and my mother.  I’ve never been involved with anything to do with the law .  .  .  I promised my son I would never be away from him more than six months. I’ve been locked up since June and the Crown wants to send me away 20 years. I will plead my innocence until I die.”

The Court indicated that it was mindful of Mr. Stewart’s two dependents his child and mother, and  then imposed a sentence of 15 years, with time spent in prison to be taken into account.

 

Photo credit:   Bermuda Sun

Passenger Busted for Selling Drugs on Royal Caribbean's Allure of the Seas

Earlier this week, we blogged about the prevalence of drugs on the Atlantis gay parties on Royal Caribbean cruise ships and asked whether the cruise line was prepared to deal with problems as the Allure of the Seas sailed this week - Is Royal Caribbean Ready for Medical Emergencies During the World's Largest Gay Cruise?

Steven Barry KrumholzWe received a comment to our article from a cruiser: "I've been on 13 Atlantis cruises. Friends of mine on ship are reporting one death by falling, multiple people removed at first port for drugs and a several minutes long announcement by the captain about drugs. Amazed RCCL puts up with this."

Well today the AP is reporting that a passenger from California was arrested in the U.S. Virgin Islands on suspicion of selling drugs to fellow passengers on the Allure of the Seas. According to the AP:

"Steven Barry Krumholz, 51, of West Hollywood, was arrested on board the Allure of the Seas in St. Thomas, said Jeffrey Quinones, a spokesman in Puerto Rico for U.S. Customs and Border Protection.

The ship had just come from the Bahamas on a charter billed as the "world's largest gay cruise."

Customs and Border Protection agents boarded the ship Wednesday and found drugs on another passenger, who said he had placed an order with Krumholz before the trip and picked them up while on board, according to an affidavit submitted by one of the investigating agents.

Agents searched Krumholz's cabin and allegedly found more than 142 ecstasy pills, nearly 3 grams of methamphetamine, a small quantity of ketamine and about $51,000 in cash, the agent said.

While waiting for the suspect to return to his cabin, two more passengers came to buy drugs, according to the affidavit."

$51,000 in cash.  Wow.  That's alot of drugs sold to passengers on the Allure.

Sounds like high times on the high seas.

 

Allure of the Seas - Atlantis Events - Largest Gay Cruise - Drugs

 

Credit:  "high time on the high seas" is a quote I first heard from friend Chris Owen

Photo credit:  top - Steven Krumholz facebook; bottom - Atlantis Events facebook page

Alleged Killer of Royal Caribbean Crew Member in Mexico Arrested - Family Maintains Son is Innocent

Nelson Perez Torres - Murder - Monika MarkiewiczNelson Perez Torres, age 24, reportedly confessed to striking Royal Caribbean crew member Monika Markiewicz in the head with a rock and then throwing her into the ocean, according to the chief prosecutor of the Mexican state of Quintana Roo where Cozumel is located.

As we reported in a prior article, Ms. Monika Markiewicz, a 32-year-old Polish musician who worked aboard Royal Caribbean's Allure of the Seas cruise ship was found last Saturday in the waters off the southern part of Cozumel.  Her employer, Royal Caribbean Cruises, indicated that she was a victim of foul play.  

This morning, Royal Caribbean took the unusual step of issuing a statement via PR Newswire, claiming that the killer and Ms. Markiewicz were "casually acquainted for several months."  The cruise line also made a point of characterizing the crime as "isolated and uncharacteristic" for Cozumel."  Royal Caribbean also congratulated its security department for assisting in the investigation which led to the arrest of the alleged killer.

Meanwhile, a newspaper in Mexico Por Esto is reporting that the parents of Mr. Torres are complaining that their son had been falsely accused of the crime and allegedly intimidated into a confession.  Nelson Perez Torres - Murder - Monika MarkiewiczThey claim that he had never been in trouble before and he had worked at a bar near the cruise pier for the past eight years.  They claim that because they are a humble family of little means, their son was railroaded into a confession.  Friends and family members picketed at the pier with signs saying Mr. Torres is innocent.   

There are several Mexican newspapers indicating that Mr. Torres gave different statements to the police, initially stating that he did not know Ms. Markiewicz and had never seen her, or that they had walked together to a location and he left after she resisted his advances, or that she had slipped and then he hit her with a rock to end her suffering.   

 

Photo credits:    Por Esto newspaper

Another Royal Caribbean Death In Cozumel

The AP is reporting that a second person has died after arriving in Cozumel on Royal Caribbean's Allure of the Seas cruise ship last Friday, February 4, 2011.  We previously reported on the death of Royal Caribbean crew member, Monika Markiewicz, whose body was recovered Saturday from the sea off of Cozumel and is believed to be the victim of foul play.

The AP reports that a 24-year-old American tourist died Monday in a Cancun hospital from internal bleeding "after ingesting a safety pin that punctured her organs."

Samantha Page (Paige) ThomasThe state prosecutor in Quintana Roo, where both Cancun and Cozumel are located, apparently released two different names for the woman neither of which were released by the AP.  The prosecutor also released information regarding the dead woman's medical history and autopsy findings.  A patient apparently has no medical privacy rights in Mexico.

The passenger's death is apparently completely unrelated to the death of crew member Ms. Markiewicz.

We have reported on six deaths of Royal Caribbean passengers and crew members in the last 10 days.

February 9, 2011 Update:  The Latin America Herald Tribune identifies the cruise passenger as Ms. Samantha Page Thomas (this article confuses the name of the cruise passenger and crew member).  A newspaper in Mexico also identifies the passenger and contains a strange explanation of events.  A press conference of the Mexican prosecutor is available on line.  Warning, the video contains graphic post mortem images of Ms. Paige as well as a photograph of Ms. Markiewicz  face down in the water when she was found.

More Cruise Line PR Games: Royal Caribbean Releases Private Medical Information About Dead Passenger

This weekend we reported on a lawsuit which had been filed against Royal Caribbean over the death of a 56 year old passenger, Barbara Davey (photo below left).  The deceased passenger's husband, John Davey, stated to the Scottish and U.K. media that "Barbara was tossed around like a ragdoll and was seriously hurt" during the violent storm which rocked the Brilliance of the Seas as the cruise ship approached Alexandria Egypt.  Three days later Ms. Davey lapsed into a coma and subsequently died.  Doctors apparently diagnosed a "brain ­hemorrhage" as the cause of death.

Barbara Davey - John Davey - Brilliance of the Seas - DeathThis morning USA Today's CruiseLog picked up on the story in an article "Passenger on Storm-Tossed Cruise Says Event Led to Wife's Death."

Royal Caribbean responded to the USA Today article with a rather remarkable spin:

"Royal Caribbean is disputing the notion that the stormy weather encountered by Brilliance of the Seas had a role in Davey's death, telling USA TODAY that her illness was the result of a pre-existing medical condition.  Royal Caribbean spokeswoman Michelle Nadeem says the ship's doctor was called to Davey's cabin on the second day the vessel was in Malta, three days after the ship hit rough seas, and the doctor quickly determined she had an acute medical emergency and called an ambulance.

'She was taken to the hospital where she remained in critical condition,' Nadeem says, adding that Davey never lost consciousness while on the ship. "The Royal Caribbean Cruises Ltd. Medical Department has determined that Mrs. Davey's acute medical emergency was caused by a preexisting medical condition unrelated to the listing of the ship.' "

I have seen some pretty nasty cruise line PR statements over the years, but this one takes the cake. 

Medical information divulged by a patient to a doctor is strictly confidential in most civilized countries.  In the U.S., patients have privacy rights under the Health Insurance Portability and Michelle Nadeem Cruise Line PR - Royal CaribbeanAccountability Act ("HIPAA") which prohibits medical providers (including cruise doctors) from releasing any information about patients to anyone (including newspaper reporters to say the least!) unless there has been HIPAA-compliant medical releases executed.

But this is the anything-goes world of cruising where privacy rights be damned.  And this is Royal Caribbean which has the worst cruise reputation in the world.  Only the "Royal Caribbean Cruises Ltd. Medical Department" could justify disclosing to the world that Ms. Davey not only had a "pre-existing" medical condition but definitively state that the alleged "pre-existing" condition killed her.

The USA Today article quotes Royal Caribbean spokesperson Michelle Nadeem (photo above right) as the source of the leaked medical information.  The cruise line's PR release when it hired Ms. Nadeem indicates that she is experienced in crisis management, reputation management, social responsibility, and healthcare issues.  She reports directly to the cruise line's CEO,  Richard Fain.   

Now that the death of Ms. Davey has reached the national media, Royal Caribbean wants to set the record straight &nbs