You will recall that following the grounding of the Clipper Adventurer cruise ship in the Canadian Arctic on August 27th, the cruise operator issued a press statement claiming that the cruise ship ran aground on an "uncharted rock." The owner even went as far as to make this whopper of an excuse: "we were simply following the chart that we had and right where there wasn’t any indication that there was something in the water, there was this large rock.”
My response in my blog last week? "Sounds like a PR statement to explain some bad navigational skills by whomever was at the helm."
Well now the little Canadian newspaper, the "Nunatsiaq News," tells us the truth.
“The cruise ship effectively ran into an underwater cliff,” John Hughes Clarke, head of the University of New Brunswick’s Ocean Mapping Group. “Had they been just a few ship lengths to the east or west they would have missed it.”
The supposedly “uncharted rock” that the ship hit had been reported by the Canadian Hydrographic Service and in a Notice to Mariners issued by Coast Guard in 2007. And it is the responsibility of the chart retailers and/or the ships officers to update their charts and note these hazards when they are issued.
Many cruise ships are heading into riskier areas, said Hughes Clarke. “The problem is cruise ships want to go off the safe shipping lanes where there is more dramatic topography or stunning wildlife,” he said.
The newspaper also states that the damages to the ship was more extensive than initially reported. The Clipper Adventurer’s hull had sustained "important damages and that many watertight compartments were ruptured."
The Chronicle Herald in Canada reports today that a crew member on a Carnival cruise ship which that visited Halifax was arrested and charged with smuggling child pornography into Canada.
The newspaper indicates that 26-year-old crew member Nyoman Putra, 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 pornography.
The Canadian newspaper writes that Putra is the second cruise ship employee to be charged with having child pornography so far this year in Halifax. In May, a Filipino who was an assistant waiter on the Costa Atlantica was sentenced to four months in jail for possession and importation.
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.
Parents don't like to think about these things, and the cruise lines and travel agents hate to admit these things happen. Consider the following articles:
"Complicating matters is the huge amount of alcohol which the cruise lines sell to the passengers, which often leads to drunken brawls in the bars and discos and sometimes around the pools. It will be interesting to see how Carnival and the other cruise lines handle the "wider audience" flocking onto the larger cruise ships. If cruise ships are like cities and "stuff happens," what steps are they taking to protect U.S. families?
Will the cruise lines elect to hire a full complement of well trained and experienced security guards? Or will they continue to try and save money with only 2 or 3 inexperienced "guards" trying to protect 2,000 or 3,000 passengers?"
Well, the answers to these questions may be found in YouTube videos which have surfaced regarding a brawl which broke out in the Caliente Club on Carnival's Dream cruise ship three weeks ago.
The August 12th fight was widely reported by the news media, including Professor's Ross Klein's Cruise Junkie which contained the following account from a passenger:
"We were on the Carnival Dream sailing 08/07 to 08/14 and heard that a brawl broke out in the dance club around 3:00 a.m. on the morning of the 12th. We heard from passengers and a bartender that the brawl started over a song. It involved so many young people (men and women) that the security on board was unable to handle everyone and had to call in assistance from wait staff and other crew members. The fight spilled over into the art gallery located next door and apparently a $10K painting was ruined with blood spatter. Flat screen tvs were smashed and there was a lot of damage done. We heard that people on the ground were getting kicked in the head by men and women and that one person needed to be revived because he was hurt so badly. We also heard that the crowd spilled out of the dance club and that innocent people were getting punched in the face as they were walking by.
The next morning in Costa Maya there were a bunch of people (10 people) sitting by the side of the ship with all of their luggage as they were kicked off the ship and their relatives were shipped off to Mexican jails. Carnival needs to learn a lesson here and not serve alcohol after a certain time and perhaps shut down the 18+ dance club before 3:00 a.m. Nothing good can come of drunk teenagers at 3:00 in the morning."
"A fight occurred on the vessel. It was broken up by ship's security and the cause of the fight was investigated which resulted in 10 guests being disembarked in Mexico . . . The safety and security of our guests and crew is of utmost importance and we will not tolerate behavior that could put any of them at risk."
Carnival has a problem with way too much alcohol served on their cruise ships and way too few security guards to handle the unruly drunks. Here are two videos of the fight.
A "Careflight Rescue" helicopter winched a 48 year-old passenger with a suspected case of the potentially fatal meningococcal disease from a cruise ship off the south-east coast of Australia.
Several news have reported the incident; however, no one disclosed the name of the cruise ship or cruise line. The passenger was taken to a hospital in Australia.
ABC News in Australia has finally identified that the passenger was rescued from the Pacific Sun cruise ship (web cam photo left). The news station reports that the ship is traveling from Sydney to New Caledonia.
The Pacifc Sun is operated by P&O Cruises in Australia. Information about P&O Cruises and the Pacific Sun can be read here.
It is not uncommon for the press to try and avoid publishing the name of the cruise line or cruise ship in cases like this.
Canada's National Post reports that a cruise ship has run aground in the Arctic.
The newspaper reports that the Clipper Adventurer, operated by Adventure Canada and carrying around 200 passengers and crew, ran aground Friday evening in "three meters of water." The location of the grounding is about 55 nautical miles from Coppermine, Nunavut, near the border with the Northwest Territories
But the cruise operator claims that the cruise ship ran aground on an "uncharted rock."
Sounds like a PR statement to explain some bad navigational skills by whomever was at the helm.
Evacuation efforts are underway. A Canadian Coast Guard ice breaker is en route to the scene to transport passengers to Coppermine where the ship was headed. The cruise began in Greenland.
The newspaper indicates that there were no reports of injuries or environmental damage. This again is probably a report from the cruise ship operators. It will be interesting to hear what the passengers say happened when they get home.
In 2009, the Ocean Nova cruise ship, ran aground. To see some amazing photographs of a similar cruise ship grounded, look at the Komar.org website. Ironically, the Clipper Adventurer came to the rescue of the passengers aboard the Ocean Nova.
Cruise Junkie has a list of cruise ship groundings on its web site.
The tour operator's PR statement is below:
"MV Clipper Adventurer, en-route from Port Epworth to Kugluktuk NU, was grounded on an uncharted rock at 67 58 N 1112 40 W. At the time the seas were calm, sunny conditions and good visibility with no wind or swell.
Efforts of the vessel's crew to dislodge the vessel during high tide on August 28th were unsuccessful.
The vessel now rests with a slight list. Conditions are stabilized. All passengers and crew are safe and unharmed. Weather remains favourable as passengers continue to enjoy onboard programming and hospitality.
Canadian authorities have been notified and the Canadian Coast Guard Vessel Amundsen is en-route set to arrive 0900 August 29th to assist with disembarking passengers.
Flight arrangements have been made to ensure passengers return to Edmonton for the evening of August 29th."
Update August 29, 2010:
The Canadian Coast Guard has released a photograph of the grounded cruise ship (above right).
The Edmonton Sun interviewed the owner of the tour company who was quoted saying: "we were simply following the chart that we had and right where there wasn’t any indication that there was something in the water, there was this large rock.”
Hmmm . . .
The newspaper also reports that the company will fly the passengers home, but they won’t be receiving any type of refunds.
Update August 30, 2010:
The Nunatsiaq Online reports that more than 120 passengers and crew, taken off the Clipper Adventurer cruise ship by the Canadian Coast Guard icebreaker, the Amundsen, arrived in Kugluktuk after midnight on August 30th. Photograph of rescued passenger is above left.
The San Jose Mercury News reports that the Obama administration will enforce a California law designed to prohibit cruise ships from dumping any kind of sewage -- even highly filtered wastewater -- along California's coast out to three miles from shore.
California will now have among the strictest laws in the nation limiting pollution from large ships.
"This is going to cover the entire California coastline," said state Senator Joe Simitian "Oceangoing vessels should not consider our coastline a place for dumping sewage."
In 2005, Simitian wrote a bill that Governor Arnold Schwarzenegger which signed banning sewage discharges in state waters from cruise ships. The bill -- the first of its kind in the nation -- made it illegal for such ships to discharge oily bilge water, "gray water" from sinks and showers and other hazardous waste. But a key provision that also banned sewage releases could not legally take effect until the U.S. Environmental Protection Agency gave permission under the federal Clean Water Act. The Bush administration did not act on California's request to enforce the state law.
The impetus behind the bill was a cruise dumping incident in In 2003. The Crystal Harmony (photo left) dumped around 35,000 gallons of grey water, sewage, and bilge water in a marine sanctuary in Monterey Bay.
According to the L.A. Times, Crystal Cruises said didn't have to report the incident to authorities because it broke no laws. It is "perfectly legal" under maritime laws to discharge even untreated wastewater more than 12 miles offshore, and the ship was 14 miles offshore at the time, said Crystal spokeswoman Mimi Weisband.
"We didn't break any law," Weisband said. "We did break a promise."
The city of Monterey thereafter banned all Crystal cruise ships for life.
"I remember picking up the paper and thinking, 'you gotta be kidding me,' " Senator Simitian said. "Their answer was 'we didn't break any rules.' I remember thinking, if this isn't against the law it ought to be."
In the 2010 Green Report Card by the environmental group Friends of the Earth, Crystal Cruises received the lowest grade - "F." Cruise spokesperson Weisband responded by saying that Crystal Cruises "deserved an A ... if not an A+."
It caught my attention after my family just returned from a vacation from British Columbia, where my kids surfed and we went whale watching in the B.C. waters.
Environmentalists' believe that waters off British Columbia in Canada are the "toilet bowl of North America" as dozens of cruise ships heading to and from Alaska dump sewage in Canadian waters. U.S. regulations in states like Alaska and Washington have tightened in the last decade forcing cruise ships to follow stringent sewage treatment rules before disposing of waste those states.
The article indicates that cruise ships have another option: they can dump sewage and grey water —waste water from showers, sinks and laundry — into B.C. waters where rules are "lax."
Cruise ships are taking advantage of Canada's weaker laws on sewage discharge to save money.
"B.C. is now the toilet bowl of the West Coast of North America. In Canada, says Ross Klein, a professor in Canada. Klein points out that Alaska and Washington monitors grey water discharges, but there is no such monitoring in Canada where cruise ships are free to dump.
The article points out that the U.S. cracked down on cruise ships in 2007 when the Mercury cruise ship operated by Celebrity Cruises was caught illegally dumping into waters between Washington and Vancouver Island.
The Mercury faced 10 charges, but three charges were dropped because the infractions were in Canada. Celebrity received a $100,000 fine in Washington, but didn't face any punishment in Canada.
I have written many articles about the cruise industry's practice of pollution Here are a few to consider:
When I began practicing maritime law, cruise lines openly dumped raw sewage into the water and threw hundreds of black garbage bags overboard during every cruise. Only through the enactment and enforcement of legislation has there been an improvement in the U.S. But the cruise lines are free to pollute in the waters of countries like Canada and the powerless Caribbean islands which are desperate for U.S. tourist dollars.
Credits:
Cruise Ship Cartoon Shields via EarthIsland.org and Campaign to Safeguard America's Waterways
One of the surprises awaiting passengers after they have been injured or assaulted on a cruise ship is language in the passenger ticket which requires them to file suit in a jurisdiction far from their home.
Most passengers are required to file suit here in Miami. Carnival, Royal Caribbean, Celebrity, and Norwegian Cruise Lines have prepared "forum selection clauses" which include Federal District Court in Miami as the location where the passenger is required to file suit. The United States Supreme Court has upheld the right of cruise lines to use "forum selection clauses," even though the passenger lives far away in California or New York and travel to Miami provides an economic hardship.
A case decided recently by the Eleventh Circuit Court of Appeal illustrates the extreme lengths cruise lines will go to prejudice the ability of passengers to obtain compensation for their injuries.
In Seung v. Regent Seven Seas Cruises, a passenger was injured while cruising on the Paul Gauguin cruise ship, operated by Regent Seven Seas Cruises. After Ms. Seung filed suit in South Florida where the cruise line is based, the defense lawyers moved to dismiss the case arguing that the forum selection claim required the lawsuit to be brought in France.
It turns out that the Regent Seven Seas passenger ticket (like most other cruise tickets) requires suit to be filed in Federal Court in the Southern District of Florida. However, this ticket contained a curious twist - if the cruise ship did not call on a U.S. port, the passenger has to file suit in Paris, France.
Mrs. Seung argued that traveling to Paris was unfair and unreasonable because she was an elderly woman; she was financially unable to bring a lawsuit in Paris; she was a California resident with medical limitations, due in part to her injury, that prevent her from traveling to Paris; she would not be entitled to Medicare benefits if she became ill in France during her case; and Paris is a remote, alien forum chosen merely as a means of discouraging passengers from bringing legitimate claims.
The Eleventh Circuit rejected all of Mrs. Seung's arguments and upheld the district court's dismissal of her case.
We hope that Ms. Seung knows how to speak French.
For other articles about cruise line forum selection clauses, consider reading:
The FBI is investigating a passenger rape aboard the MS Bahamas Celebration cruise ship which is operated by Celebration Cruise Line from the Port of Palm Beach.
A blog associated with the Palm Beach Post - Jose Mambiet's Page 2 Live - reports that a 52 year old woman was forced to have sex with a man, another passenger, on a ping-pong table on the ship's deck around 4:00 a.m. Monday. The ship's nurse treated the passenger and administered a rape kit.
The article quotes the vice president of the cruise line's marketing, Glenn Ryerson, stating that "It's only a crime if the FBI deems it to be one. At this point its only an alleged rape."
This is one of the more insensitive press statements I have heard from a cruise line over the years.
Unfortunately, the FBI's track record of successfully investigating shipboard rapes is dismal. At a Congressional hearing I attended in 2007, the FBI admitted that its investigations resulted in prosecutions only 7 times out of every 100 sexual assault allegations. And cruise lines often work hard to make certain that no one convicted of a crime on the cruise ships. Consider reading:
Marketing VP Ryerson is also quoted stating that this is the first criminal allegation on the Bahamas Celebration "since its Palm Beach launch."
That's not saying much - because this cruise ship started sailing out of Palm Beach in mid-March.
The cruise line has a Twitter page @CelebrationBS. It is offering cruises for as little as $199 a day, although there have been consumer complaints. Read Cruise Critic's article about about what are described as marketing scams by the cruise line or an affiliated wholesale company called "Caribbean" Cruise Line.
I wonder if the cruise line has any surveillance cameras on the decks or security guards patrolling at night.
Were you on the cruise or have information about this incident? Please leave a comment below.
Heart attacks on cruise ships are one of the leading causes of passenger deaths. The U.S. and the Canadian Coast Guards do a remarkable job rescuing passengers from cruise ships, far distances from the mainland.
The video below show the rescue by the Canadian Coast Guard of a 78 year old passenger who suffered a heart attack and was in critical conditions. The cruise ship, the Sea Princess, was 100 miles from Vancouver Island.
A number of articles published this weekend reveal the plight of young women sexually assaulted on foreign flagged cruise ships and cargo vessels.
Yesterday, in Cruise Rape - Is Royal Caribbean Up To Its Old Tricks?, we reported that a South African crew member claims that another crew member raped her on a Royal Caribbean cruise ship. The Captain of the cruise ship reportedly dismissed the rape as a "he said, she said" incident, and then sent her back to her home country. If a U.S. crew member or passenger is victimized, the cruise line claims that it reports the crime to the Federal Bureau of Investigations. The FBI has jurisdiction over such incidents. But when a "foreign" crew member is raped, the case can fall into a no man's land.
Most Royal Caribbean cruise ships are flagged in the Bahamas. Royal Caribbean is incorporated in Liberia. No one from these countries has any interest in or inclination of conducting a criminal investigation into the rape of a woman from South Africa. And the country of South Africa has no jurisdiction to board a Bahamian flagged vessel operated by a Liberian corporation.
Today, the Times Live newspaper in South Africa reports that a 19 year old cadet on the SafmarineKariba cargo vessel was raped by a senior officer. Ms. Akhona Geveza was completing her cadetship to become a navigational officer. After she reported being raped, her lifeless body was found floating in the water off the coast of Croatia. It is unknown whether someone pushed her overboard or she committed suicide.
The articles explain that what makes the case of Ms. Geveza difficult to investigate is that the ship is registered in Britain, Ms. Geveza is South African, the vessel was in Croatian waters, and the officer who allegedly committed the crime is Ukrainian.
It has been our experience when we represent young women from outside the U.S., that the flag states (Bahamas, Bermuda, Liberia, and Panama) never conduct a criminal investigtion.
A female cadets interviewed in one of the articles is quoted as saying: "We were told that the sea is no man's land and that what happens at sea, stays at sea . . . "
A beauty therapist employed by Royal Caribbean reports that she was raped by another crew member, according to the Times Live newspaper in South Africa.
The crew member, who is known by her first name, "Taryn," states that she was forced to leave the cruise industry after her ordeal aboard a cruise ship owned by Royal Caribbean International.
The newspaper indicates that she was raped by a fellow South African, a fitness instructor, and sent home after reporting the incident.
"I believe they sent me home to hide the case and protect their reputation - they didn't care about my wellbeing . . . the easy part was to get over the physical rape, the hard part was, and still is, trying to convince myself that I did the right thing by reporting the incident, despite being made to feel like I was in the wrong, despite still feeling like no justice was done and despite having no one but my family and friends to support me emotionally."
After she reported the matter, the cruise captain told her: "There are two stories, his and yours, but his sounds more believable, because you had been drinking."
She said she was advised to drop the matter or face an FBI investigation. After she decided to drop the matter, "I was given two hours to pack my bags and say goodbye."
Her case is being handled by another maritime lawyer in Miami who states that " . . . some crew members, especially the captains and other senior officials, have been blackmailing female cadets and crew members to have sex with them or face a miserable life at sea."
The report of the rape is made on the eve of President Obama signing the Cruise Vessel Safety and Security Act which will require cruise lines to finally report all crimes which occur on cruise ships in international waters.
We have reported many times about the high rate of rapes on Royal Caribbean cruise ships. In 2006, Royal Caribbean hired a former high ranking FBI official, Gary Bald, to head up what the cruise line now calls its "Global Security Department." The question is whether Mr. Bald and his new team of ex-FBI agents are genuinely trying to protect the passengers and crew and help build a case against the rapists which have targeted Royal Caribbean passengers and crew members.
Or is this business as usual, with the cruise line intimidating the victim and the cruise line taking the rapist's side of the story?
You will many similar stories like this coming from a cruise line like Royal Caribbean.
This has been another exciting week in the strange world of the cruise industry. I thought that I would spend this Friday recapping some of the interesting cruise stories this week.
A number of prominent travel writers, including Pauline Frommer of the Frommer Travel fame, left comments. Ms. Frommer was right on point in discussing the provisions of the new cruise safety law, which will be signed by President Obama next week. And she was gracious in thanking the International Cruise Victims for pushing the new cruise law forward over intense opposition by the cruise industry and its shill organization, the Cruise Line International Association (CLIA). Other travel writers joined the debate, including a few cruise travel writers who could not help taking a cheap shot against our blog.
Royal Caribbean Norovirus
Readers of Cruise Law News continue to comment that Royal Caribbean is struggling with norovirus aboard its cruise ships. There are 50 comments to our article Norovirus On Royal Caribbean's Jewel Of The Seas? The last comment today reports that the Celebrity Constellation continues to have norovirus on board, following the usual ill-fated last minute "additional sanitizing."
Stay tuned. You will continue to hear stories of sick passengers - followed by "enhanced cleaning" - and then more sick passengers. When will this cruise line release the test results of the potable water on its ships? Tired of this cruise line always blaming passengers for not washing their hands? Consider reading Cruise Ship Norovirus - Something in the Water?
Murder on NCL's Jade?
Several sources are reporting that a passenger was murdered aboard Norwegian Cruise Line's Jade cruise ship earlier this week.
Canadian sociologist and cruise crime expert Dr. Ross Klein and the ever gossipy Cruise Critic community published passenger accounts that a passenger murdered his wife on the Jade.
Did it happen? I don't know. I hope not. But NCL will never say.
This is one of the classic problems with the cruise lines. They are terrified of bad press so they sweep the bad news under the rug. But when the truth comes out, they look like they are hiding the ball. The new cruise law will address this issue. Cruise lines will be required to report crimes at sea and also provide a link on their web sites to the crime data.
When the new cruise law takes effect, the public can cut through the gossip and finally take an an accurate account of cruise ship crime.
Were you aboard the NCL Jade? Do you have information to share about the alleged murder?
Were you aboard the Royal Caribbean Jewel of the Seas or the Celebrity Constellation? How is the cruise line handling the latest bouts of norovirus?
If you have some information to wish to share, please leave a comment below.
Today, the House of Representatives passed a bill - H.R. 5503 (also known as the SPILL Act) - which will amend the Death on the High Seas Act (DOHSA). H.R. 5503 will permit the widows and children of the oil rig workers killed in the BP Deepwater Horizon disaster to be compensated for their grief, mental anguish and suffering due to the deaths of their husbands and fathers.
The bill was passed in the House today due to the efforts of the families of the 11 workers who died when the drilling rig exploded two months ago. The families targeted their efforts on the obscure DOHSA law which does not recognize the suffering of children and spouses who lose loved ones on the high seas.
The bill was introduced by Representative John Conyers, a Michigan Democrat, who chairs the U.S. House Judiciary Committee.
We have reported on the sad death of oil worker Gordon Jones, who left behind a pregnant and loving wife and a young son, and the extraordinary efforts of his father who lobbied to change this unfavorable law.
BP fought against the families. So did the notorious Cruise Line International Association (CLIA), who lobbied behind the scenes to try and keep the oil rig wives and children from receiving compensation.
The amendment to DOHSA is also needed for families who have lost loved ones on cruises ships. Hundreds of passengers have died on cruise ships due to the negligence of the cruise lines.
Yesterday, we reported on the unconscionable efforts of CLIA. We posted a letter which CLIA sent to legislators to oppose the efforts of the grieving families suffering from the BP explosion.
Today, the bad guys - BP, Transocean and the cruise lines - lost. The good guys won.
But the law still needs to be passed in the Senate. BP, Transocean, and CLIA will be back - like vultures - to walk the halls of our Senate. Bad companies like this will try and keep this much needed reform of DOHSA from being enacted into law.
For additional information about DOHSA, consider reading:
One of the dangers of cruising is the cruise ship catching on fire. Most families who go on a cruise don't like to think about it.
But it happens.
A Rash of Fires on Carnival Cruise Ships
One of the most publicized incidents involved Carnival's Ecstasy (left) in 1998 when it caught fire shortly after leaving the port of Miami. If the fire had occurred thirty minutes later there would have been no fire boats to extinquish the flames. Local news helicopters from Miami flew to the scene and filmed the burning ship. The story was broadcast on all of the local Miami news stations.
The next year, another Carnival cruise ship, the Tropicale, caught fire and the ship was adrift in the Gulf of Mexico with 1,700 passengers and crew members for almost two days after the fire disabled the engines. This incident received national attention, particularly after passengers complained that some crew members did not speak English well enough to provide safety instructions.The New York Times reported on the debacle in an article "Language Barrier Cited In Inquiry Into Ship Fire."
During the ensuing investigation,the captain of the Tropicale testified that he was concerned that the engine room would explode. He kept information about the raging fire from passengers because he worried they might panic and jump overboard, according to the St. Pete Times article "Cruise Captain Feared Panic."
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. And the Ecstasy had also caught on fire earlier as well, in 1996.
Carnival has had more than its share of fires, with the Carnival Celebration burning in 1995 which forced 1,700 passengers to evacuate.
Between the Ecstasy and Tropicale fires, the Sun Vista ignited off of the coast of Malaysia and 1,000 passengers found themselves in lifeboats in the Straits of Malacca.
The most recent fire occurred last year involving a Carnival subsidiary, Princess Cruises. The Royal Princess' engine room caught fire in June of last year during a Mediterranean cruise near Egypt. The cruise line initially didn't release any information to the public. But a passenger, a Pastor from South Carolina, Greg Surratt tweeted on his Twitter account @GregSurratt about the fire from his iphone on the cruise ship.
Reverend Surratt tweeted that the fire had disabled the cruise ship and a tug had to tow the ship back to port. Frantic families in the U.S. had to rely on Pastor Surratt for information about their loved ones. He even tweeted photos of the fire and the passengers sprawling out on the deck in the dark (right) via "Twitpic" - an application which permits photos to be uploaded onto Twitter.
When Princess finally posted its typical less-than-forthcoming corporate press statement, no one was paying attention to the cruise line. Everyone was listening to Pastor Surratt tweeting away on the cruise ship in the Mediterranean. Fortunately no passengers were injured.
Disaster Strikes the Star Princess
Real tragedy struck passengers on Princess' Star Princess cruise ship in 2006.
A fire began on a balcony and quickly destroyed several hundred cabins and killed a passenger, Richard Liffridge of Georgia. We represented Mr. Liffridge's children in litigation against Princess.
The cause of the fire was a cigarette being flicked over an upper balcony. Some of the Princess cruise ships are designed with the balconies of the lower cabins jutting out (photographs below).
So if anything - like a cigarette - is thrown out from an upper balcony, it will land in the balconies below. This created an obvious fire hazard, particularly considering that the balcony chairs and balcony partitions were highly combustible and none of the balconies had heat detectors or sprinkler systems.
Princess knew about the danger, but chose to simply place a sticker on the sliding glass doors stating: "fire hazard - do not throw cigarette ends over the side."
Hoping a smoker won't flick his or her cigarette butts over the rail is wishful thinking - and Princess had no fire suppression systems in place to deal with a balcony fire. The balcony furniture and partitions acted like kindling wood, ready to explode into flames.
Mr. Liffridge's children's story was widely reported, including in an article in the Dover Post, which is re-printed below:
"Siblings Take on Cruise Line after Father’s Death"
Richard Liffridge’s children intend to make sure no other family endures the heartbreak they must bear for the rest of their lives.
An Air Force tech sergeant who retired at Dover Air Force Base, Liffridge and his wife Vicky were on a Caribbean cruise March 23 when a fire broke out aboard their ship, the Star Princess. The fire damaged or destroyed 283 cabins – and killed Liffridge.
Shortly thereafter, Phil Liffridge and his sisters, Michele Norris and Doris Henry, all of Dover, and Lynnette Hudson of Bear, set up the non-profit Richard Liffridge Foundation in honor of their father. Their goal is to bring about tougher fire regulations aboard cruise ships and to lobby for legislation to make cruise ships safer.
They also plan a wrongful death lawsuit against Princess Cruises, owners of the Bahamas-registered Star Princess.
The official report on the fire, published Oct. 23 by the British Marine Accident Investigation Branch (MAIB), placed the blame on an unknown smoker whose cigarette ignited plastic partitions and furniture on one of the stateroom balconies surrounding the exterior of the ship. While room sprinklers kept the blaze from spreading to the interior, choking black smoke from the burning plastic blocked inboard escape routes.
Awakened by fire alarms shortly after 3 a.m., Liffridge and Vicky struggled out of their stateroom and into a hallway, but failed to reach fresh air. Vicky was one of 13 people later treated for smoke inhalation.
Liffridge succumbed to the toxic fumes, his death at first attributed to a heart attack.
The picture of health
“I said, ‘Yeah, right,” Henry said of the news her father had died of a coronary.
At the age of 72, Liffridge had the look and energy of a man 10 years his junior. He was self-conscious about his weight, so he ate properly and exercised regularly at a basement gym in his Locust Grove, Ga., home, Henry said. Her father enjoyed traveling and he and Vicki rarely missed the chance to socialize with their friends.
The cruise was a belated celebration of Liffridge’s birthday, which had taken place March 11.
“He was at the peak of his life,” Henry said.
“Who would have thought he’d be celebrating his birthday and then have so much tragedy?” Norris said.
Although they stop short of accusing the cruise line of deliberate insensitivity, Liffridge’s children feel the Princess Cruise officials were slow to react to the aftermath of the tragedy. Even though Hudson was listed as an emergency contact, no one from the cruise line called to notify her, they said. They found out about their father’s death when their distraught stepmother telephoned from Jamaica, seven hours after the fire was extinguished.
The cruise line also seemed more interested in smoothing things over with survivors whose vacations had been interrupted by the fire than with helping her family, Hudson said.
“They were focused on taking care of people who were inconvenienced, not on the family of the man who died,” Hudson said.
While the cruise line made sure the Star Princess’ passengers got a rebate for the incomplete cruise and a discount on their next excursion, the Liffridge family had to pay to have their father’s remains returned to the United States, Hudson said.
A start, but more needs to be done
Cruise lines, including Princess, started replacing plastic balcony dividers and furniture soon after the Star Princess fire and are acting on additional MAIB recommendations that include posting extra fire watches aboard ship. The United Nations-sponsored International Maritime Organization also is set to discuss new balcony fire safety requirements this December.
But more needs to be done, according to the Liffridge family.
Rep. Mike Castle, R-Del., is co-sponsoring legislation in Congress that would require cruise ships calling at U.S. ports to report incidents involving U.S. citizens within four hours. Working through the Liffridge Foundation, the siblings also hope to influence Congress to ban smoking on cruise ships, except within designated areas.
Despite these efforts, Hudson and her sisters and brother know they’re just reacting to an industry that failed to be proactive.
And although they realize their lobbying efforts and the wrongful death lawsuit, if successful, won’t bring their father back, it may help him rest easier.
“Our focus is to make sure this never happens again,” Hudson said.
“No amount of money will replace our loss,” she added. “The main thing for us is that another family does not have to go through this like we did.”
Lynnette Hudson - Joins The International Cruise Victims Organization
Mr. Liffridge's daughter Lynnette Hudson, who was appointed the personal representative of her father's estate, joined the International Cruise Victims organization. She was asked to testify before Congress and proposed recommendations to prevent other families from suffering through similar tragedies.
Her Congressional written submission to Congress can be viewed here. The transcript of Ms. Hudson's testimony and the cruise safety hearing is here.
Ms. Hudson later boarded the cruise ship after it had been repaired and inspected the external heat detectors and sprinkler systems which were installed after her father's death.
Ms. Hudson is shown pointing to the heat detectors and sprinklers. Although all Princess cruise ships have been retrofitted with sprinkler systems on the cabin's balconies, not all cruise lines sailing today have such safety systems.
In her Congressional testimony, Ms. Hudson expressed her fear that other families may face the risks of a cruise fire which killed her father:
"CLIA tells us that by the year 2010 twenty million passengers will sail on cruise ships. Visions of these passengers flicking their cigarettes over the rails as unsuspecting passengers are asleep in their cabins, with no fire detectors or sprinklers instantly comes to mind . . . "
What have cruise lines learned over the course of the last ten years? Is the cruise industry ready for the next fire on a cruise ship filled with several thousands of passengers?