While 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.
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.
Photo credit: Kerry Maloney / NOLA.com / Times Picayune
Two cruise ships operated by Princess Cruises are sailing into South Florida have well over 200 passengers experiencing norovirus like symptoms - nausea, diarrhea and vomiting.
The Crown Princess arrived in Port Everglades today with 140 ill passengers and an additional 18 sick crewmembers.
Tomorrow, the Ruby Princess will arrive at port in Fort Lauderdale with 90 infected passengers and 13 sick crewmembers.
The "official" reported cases are usually far less than the actual number of cases, we have found.
PR people for Princess, as usual, are talking about subjecting the cruise ships to "enhanced cleaning" of "high-touch surfaces like railings, door handles and elevator buttons" and "encouraging passengers to use correct hand washing procedures and enhancing this with the use of hand sanitizing gels placed throughout the ship."
At this point, there is no indication whether ill passengers boarded the cruise ships and sickened others, or whether ill crew handling food sickened the passengers, or whether the food or water sickened the passengers and crew.
The other month I was interviewed in a travel publication and discussed the problem of norovirus on cruise ships in an article entitled "When Bugs Swim." Cruise lines Ike Princess always blame the passengers and suggest that they need to wash their hands more or use hand sanitizers which are not effective at combating norovirus.
Cruise lines never admit that their own crew, or the the cruise food or water, may be the culprits. Many attempts at cleaning by the crew actually make the problem worse, particularly when the source of the virus is the cruise line's food and water and then the vomitted norovirus is spread by rags which the crew rub all over the ship.
This is the fourth sickness outbreak reported on a cruise ship this year, according tp the CDC.
If you were on these cruises, please leave a comment below and let us know how the cruise line handled these two outbreaks.
February 5 2012 Update:
CNN reports that the number affected on these two cruise ships is around 500.
A number of former passengers aboard this cruise ship left comments to our article:
. . . 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.
The AP is reporting that a British cruise ship passenger went overboard.from the Allure of the Seas, which is the world's largest cruise ship cruise ship.
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 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.
Last month was an ugly, ugly month for the cruise industry.
January 2012 will long be remembered as the month that brought us the death and destruction surrounding the the Costa Concordia cruise ship, resulting in the media asking us- is it safe to cruise?
Lots of other really bad things have been happening in the world of cruising this new year before the Concordia disaster, seemingly non-stop, since January 1st.
The month started ominously when multiple rapes were reported on Royal Caribbean'sAllure of the Seaswhich returned to Fort Lauderdale on January 2nd. Sexual crimes against women and children are the cruise industry's nasty secret. Cruise lines say that such crimes are "rare." But that's just PR spin. Click on the categories "Rape," "Sexual Assault," and "Sexual Assault of Children" (to the left of my blog). There are more stories than you can stand to read; you will never read them all. And my blog is less than two and one-half years old.
On January 12th we reported on a Royal Caribbean crewmember raping a fourteen year old girl on the Adventure of the Seas cruise ship. Yes shocking. But not really if you have your pulse on the dark side of cruise industry. There are numerous cases like this on Royal Caribbean and Carnival each year, that the cruise lines don't want you to know about.
In-house attorneys at the cruise lines joked about all of this being "job security."
On January 21st we reported on the blockbuster story out of the U.K. about a Cunard crewmember who is suspected of sexually abusing children during cruises. Cunard refuses to identify the job position of the the former crew member, "but he is known to have been a low-ranking employee who had regular, close contact with passengers on board" according to the press in England.
Was the Cunard employee a youth counselor or a stateroom attendant, the two most likely job positions for crewmembers who prey on innocent children? We have been contacted by former passengers who are frightened by the prospect that a child predator was working for Cunard while they vacationed with their children aboard the Queen Mary 2 and the Queen Elizabeth cruise ships. But Cunard will provide no details regarding when and where the alleged predator worked.
Sexual molestation of kids on cruises is well known to the cruise insiders. Some cruise lines hide the problem and stay out of the press better than others.
But who is thinking of children and infants being sexually abused by cruise line perverts when the world is preoccupied by the Costa Concordia disaster?
The cruise lines were quick to claim that such incidents, like rapes, overboard disappearances and anything else that may embarrass them, are "rare." But in truth, cruise ship catastrophes are not rare at all; just over four years ago the Sea Diamond sank in Greek waters, with loss of life, after the cruise ship's captain ran the ship into a charted reef. Yes, a reef that had been there for like several hundred million years.
You can read about lots of other disasters, collisions, allisions, near-misses and fires, which the cruise lines don't want you to know about, here.
Admittedly, disasters with such soap-opera-drama like the Costa Concordia debacle are not a daily occurrence. Can you believe that at the time of the crash the captain was eating dinner and drinking wine with a 25 year old woman, formerly employed on the ship, who I have called the cruise "blonde bimbo?"
Just today, this young woman, whose photographs in a bikini are plastered all over the internet, announced her "love" for the married captain to Italian prosecutors. She also admitted that if women's clothing were found in the captain's quarters, they were probably hers. Why do I think that when Captain Schettino goes to prison the blonde-in-the-bikini will have his baby?
Sordid details, no doubt. 17 people are confirmed dead and over two dozen missing, probably trapped in the bowels of the capsized ship, and we have to listen to National Enquirer details of this nutcake captain and his bizarro lover?
And what do you think subordinate women crewmembers face when they are sexually abused and harassed on cruise ships with the likes of cowardly Captain Schettino setting the moral compass?
And speaking of cowards, Carnival CEO Micky Arison hides under the covers in his 200 foot luxury yacht. He re-emerges only during a Miami Heat game while his cruise guests float and bloat in the sarcophagus of the sunken cruise ship.
The hard core cruise fanatics and travel agents, who are flipped out by losing ticket sales posed by the ugly spectacle unfolding around them, are frantically trying to convince the public that cruising is the "safest method of mass transportation." The talking points babbled by the cruise shills include the big lie that there have been only 16 dead in the last 100 million passengers on a cruise ship.
Nonsense.
We have witnessed 33 dead or missing just the last month on the Concordia alone. Our blog has reported on hundreds of dead passengers and crew (they are people too, right?) due to gross medical negligence, foul play, suicide, lifeboat accidents, slip and fall accidents, out-of-control drinking, violence, murder, excursion mishaps, fires,drownings, and so forth.
Add to the numerous dead Costa passengers and crew this month, the dead Carnival passenger who fell from one deck to the atrium lobby below, and the dead Royal Caribbean passenger who slipped and fell on steps out side of a disco late at night and somehow died after an hour in the ship infirmary. Don't forget the over-board from the MSC Poesia.
Apologists for the cruise lines will suggest that these incidents may have involved some or a lot of alcohol consumed by the dead. It's a matter of personal responsibility. It's their fault, they say.
ABC News' 20/20 recent show contained lots of YouTube videos of wasted passengers on cruises. Oh how the cruise fans were incensed by the 20/20 cruise ship special. Say what you want, whether the ABC show was over-the-top or right-on-point, excessive alcohol consumption by many passengers is common and encouraged by the cruise lines. There's a direct correlation between lots of cruise booze and sexual crimes, overboards and death.
After all, it was Captain Schettino, who was into the vino with his blonde former-crewmember-squeeze, enjoying dinner with dreams of the evening ahead when all hell broke loose. Yes, it's a matter of responsibility. It's the captain's fault and his cruise line employer cronies who were running the floating cruise fraternity house, I say.
Is cruising safe? It depends who you ask. Call one of the 16,000 CLIA travel agents. They will happily tell you (while they make their percentage on the sale) that cruising is perfectly safe! Come aboard. Leave your kids in the kid's center. Trust us. Have fun!
Does anyone believe the cruise lines and travel agents anymore after last month?
A number of people have asked us what happened during the Jam Cruise two weeks ago where a passenger went overboard.
Although we try to keep up with all of the incidents involving cruise ship overboards, somehow we missed this incident.
We have been informed that an intoxicated passenger sailing aboard the MSC Poesia during the January 9 - 14, 2012 Jam Cruise climbed up to a restricted area on the ship’s pool deck and then jumped off. He was rescued and airlifted from the next port to a hospital. No other details have been released.
Other than this limited information, we don't have much else to share.
Jam Cruises always seem to involve some type of controversy.
Last year, there was a highly publicized Drug Bust on MSC Poesia Cruise Ship during the Jam Cruise. Federal and local agents with K-9 dogs raided the MSC Poesia looking to arrest passengers with drugs. Officers from U.S. Immigration and Customs Enforcement, the U.S.Marshals Service, the U.S. Drug Enforcement Administration, and the Broward Sheriff's Office participated in the raid. The raid targeted the cruise ship right at Port Everglades in Fort Lauderdale before it sailed with music fans on its Jam Fest cruise around the Caribbean. The raid resulted in the arrest of some passengers and the seizure of small quantities of pot, mushrooms, hash oil, LSD, Ecstasy, and prescription drugs as well as unspecified drug paraphernalia.
Right before this year's Jam Fest, the host cruise ship for the music fest, the Poesia ran aground in the Grand Bahamas Island and destroyed a reef. This occurred during another music fest, the first annual three-night Holy Ship! music cruise.
Does anyone on the Jam Fest cruise have any information about the latest overboard from the Poesia or any other exciting times during a Jam Cruise??
Multiple news sources are reporting that a 26-year-old American passenger aboard a Carnival cruise ship fell to his death.
The incident occurred on the Carnival Fantasy cruise ship. The man apparently fell from the upper levels all the way down to the lobby level of the cruise ship
The cruise ship docked in Nassau, Bahamas last night. Its departure today was delayed due to an investigation into the casualty.
Bahamas police said in a statement today that the passenger was from South Carolina.
The ship departed Charleston, South Carolina on Wednesday for a five-day Bahamas cruise. It is still scheduled to return to Charleston on Monday.
Were you on the cruise? Do you have information regarding what happened? Please leave a message below.
The Mail Online in the U.K. reports tonight that a crewmember who worked aboard two of the world’s most luxurious cruise ships is being investigated by police on suspicions that he sexually assaulted children during the cruises.
The newspaper reports that the Cunard crew member who allegedly carried out his indecent conduct worked for Cunard for over five years on Cunard’s flagship, the Queen Mary 2, and its sister cruise ship, the Queen Elizabeth.
Detectives in England started the investigation after a parent of one of the abused children tipped the police. So far, the detectives have interviewed several families in England. The crewmember suspected of the crimes lives in Wiltshire, in England.
These Cunard cruise ships carried passengers of course from many other countries, including the U.S.
According to this account, the crewmember left Cunard's employment before the police probe began six months ago but has been interviewed by detectives in Wiltshire. The detectives have apparently examined photographic and computer equipment at the man’s home.
The UK newspaper indicates that Cunard refuses to identify the job position of the the former crew member, "but he is known to have been a low-ranking employee who had regular, close contact with passengers on board." Based on this description, its sounds like the alleged child predator probably worked as a cabin attendant or a youth counselor.
Sexual molestation of children on cruises is an ugly topic we have written about many times before. You can read more cases than you want to know about little kids being sexually abused on cruises here.
These two Cunard cruise ships are part of the larger Carnival fleet of cruise ships. Carnival owns Cunard. This is the last thing that Carnival wants to be in the press at this time, as it is reeling from the bad publicity after another one of the cruise brand it owns, Costa Cruises, ran a $500,000,000 cruise ship into the rocks and killed around 30 of its guests.
A reckless captain who abandons ship while passengers are drowning in the submerged cabins of the Costa Concordia? A child predator who worked aboard the Cunard QM2 and Queen Elizabeth for 5 years?
What's the next shoe to drop in the Carnival fleet?
Last night ABC News aired a cruise ship special on its 20/20 program about the Costa Concordia disaster. Narrated by Chris Cuomo from Italy, the one hour program contains an inside look at this latest cruise ship disaster based on interviews with surviving passengers.
You can watch the first segment of the show, which focuses on details of the cruise disaster, here.
The 20/20 program also took a hard look at the problem with excessive drinking during cruises. I learned a new phrase last night, of being "cruise-ship drunk." You will see lots of videos of passengers being "knee-walking" or "fall-down" drunk. Not a pretty sight.
The show correctly points out that there is a direct correlation between excessive drinking and violence, which is compounded by the tendency of the cruise lines to push the sale of booze, the insufficient number of security guards, and the absence of an independent police force. We looked into these problems over the last few years in our articles:
Last night a cruise ship special aired on ABC's 20/20 about the Costa Concordia disaster.
Narrated by Chris Cuomo from Italy, the one hour program contains interviews with surviving passengers. The 52 year old captain, Francesco Schettino, is seen dining with a 25 year old blond former crew member as the disaster unfolds. ABC shows a computer simulation of the crash. The passenger interviews include accounts of the chaos and confusion, the delayed Mayday signal, the false information to the passengers, the captain's cowardly abandonment of ship, and his subsequent refusal to comply with Italian Coast Guard orders to return to the stricken vessel. Italian authorities arrested Captain Schettino who has been labelled the "chicken of the seas."
There are also 2 or 3 clips of me answering questions at the port of Miami, explaining how the disaster unfolded.
The segment below is about 8 and 1/2 minutes:
Watch the entire 20/20 "cruise confidential" program here.
Late last Friday, I received a tweet from one of my 9,000 friends on Twitter informing me that a cruise ship had run aground off the coast of Italy. Not much was known about what happened. No one in the media was initially reporting on the incident.
I stayed up all Friday night and Saturday morning watching the increasingly frantic twitter feed about the emerging circumstances surrounding the grounding of the Costa Concordia cruise ship. Twitter friends like London cruise blogger John Honeywell a/k/a @CaptGreybeard began tweeting the first photographs of the beached cruise ship. Other friends on twitter like Mikey's Cruise Blog tweeted non-stop as the story unfolded.
Completely missing from the discussion on social media sites like twitter and facebook were Carnival (the owner of Costa) or its CEO Mickey Arison ( @MickyArison ) or the cruise industry's trade organization, the Cruise Line International Association (CLIA) which has a twitter name @CruiseFacts.
CLIA did not make a single tweet, statement or press release all weekend.
The few bits and pieces of information which trickled from from Costa falsely suggested that the stricken cruise ship was being orderly evacuated and that the passengers were "not at risk."
In the first blog I wrote that night, I suspected that the cruise line's comments were "probably the usual misleading and false cruise propaganda." As it turned out, while Costa was assuring the public that everything was fine, panicked passengers were jumping overboard or struggling to survive as water filled their cabins.
The motto of the $35,000,000,000 a year cruise industry is CLIA's "one industry, one voice." But CLIA apparently does not work on the weekends. When disaster struck the Concordia and over 4,000 passengers and crew feared for their lives, CLIA remained silent.
Meanwhile, the void was filled with insightful analysis and photographs from the international media, particularly from the U.K., as well as iReporter accounts from the scene of the disaster.
The first tweet from the Carnival CEO Arison, who has amassed a personal fortune of over $4,000,000,000 (billion) from cruise fares, came long after the disaster, expressing his condolences, but quickly followed by a tweet (since deleted) supporting his pro basketball team of NBA superstars.
The void created by the absence of information from CLIA and Carnival and its subsidiary line Costa was quickly filled by non-stop interviews of surviving passengers who described the chaos and deadly confusion as they tried to escape the sinking vessel, which we now understand was caused by the reckless conduct of the cowardly cruise ship captain (above right) who abandoned ship when things got tough.
The media quickly called on maritime lawyers here in South Florida to provide insight into the disaster. Our firm received inquires from major television and radio networks like ABC, 20/20, NBC, CNN, Erin Burnett, Anderson Cooper, CNBC, the Canadian Television Network and BBC Radio, as well as national and international newspapers and magazines like Newsweek, the New York Times, the Washington Post, and U.K.'s Telegraph. I spent the better part of this week speaking with several dozen journalists and shuttling between TV production studios in Miami and Fort Lauderdale for interviews.
The cruise industry did not have much to say. No one appeared on TV on behalf of the cruise lines. CLIA finally updated its facebook page to assure the public that cruise disasters like this were "extremely rare." But journalists are turned off by such false and self-serving garbage, and turn to information like that contained on my article Costa Concordia Calamity Just the Latest Disaster for Cruise Industry which discussed prior deaths and injuries on Costa cruise ships in the last two years and a rash of deadly cruise disasters which CNN featured this week.
CLIA also teamed up with a local cruise line defense lawyer here in Miami to write a press release with claims like "the cruise industry is a heavily regulated industry and safety is our highest priority" and "all cruise ships are designed and operated in compliance with the strict requirements of the International Maritime Organization."
I have learned that the media hates corporate PR statements like this. It's called "gobbledygook" (definition below).
Most journalists understand that cruise lines are largely unregulated. To the extent that there is any regulation it is mostly self regulation by an industry whose business model is to incorporate in places like Panama and Liberia and flag their vessels in places like the Bahamas and Bermuda to avoid all U.S. income taxes, labor laws and safety laws. The so-called "strict requirements" of the IMO are, at best, mere recommendations which the cruise lines can choose to ignore with impunity, like the decision Costa made not to bother to conduct a lifeboat drill before sailing on this disastrous cruise.
As this week comes to an end, the misleading cruise line press releases simply added to the lack of credibility and silliness of an industry which is known for its lack of transparency. As the Costa Concordia disaster became a nightly staple for the cable news stations this week, CLIA and the cruise line supporters were no where to be found. They seem to be hiding under the covers.
Perhaps CLIA's new motto should be "one industry, no voice."
Here are examples of some of the articles we participated in this week:
*The word "gobbledygook" comes from Maury Maverick, a Texan lawyer who served as a Democratic Congressman and the mayor of San Antonio. He used the word in the New York Times Magazine in 1944 referring to a turkey, “always gobbledy gobbling and strutting with ludicrous pomposity.”
Following the spectacle of the Costa Concordia disaster, the cruise industry is starting its campaign to convince the public that cruising is safe notwithstanding the terrifying and grotesque images of the stricken ship.
Pro-cruise trade organizations line the Cruise Line International Association ("CLIA") will claim that incidents like this are "rare" and will characterize the Costa Concordia as a "freak" accident. But in truth this incident is just the latest cruise disaster in a long line of disasters.
The 93,000-ton cruise ship needs twenty-five feet of draft but sailed into only fifteen (15) feet of water. Fortunately for the cruise ship (and unfortunately for the priceless and irreplaceable reef), the vessel ground the fragile reef into bits. MSC was not able to get off the reef until high tide. But the incident did not stop the cruise ship from tendering cruise passengers to Port Lucaya to enjoy themselves at the beach. Once high tide freed the ship, the Poesia sailed off as if nothing happened. Few people in the media reported on this near disaster.
It takes deaths and destruction to focus the media on problems in the cruise industry.
There have been two serious collisions of Costa cruise ships in the last two years.
In February 2010, the Costa Europa cruise ship collided with a pier in Sharm el-Sheikh, Egypt. The allision ripped a hole in the hull of the ship and flooded a crew cabin, resulting in the death of three crew members and injury to four passengers. Photographs of the Costa Europa show the vessel listing heavily on its port side, in order to keep water pouring into the large opening on the starboard side. You can read about that incident here - Costa Europa Collides With Pier in Egypt - Three Crew Dead, Passengers Injured
In October 2010, the Costa Classica cruise ship collided with a cargo vessel, the Belgian registered bulk carrier Lowlands Longevity, at the mouth of the Yangtze River. The ship suffered a long gash over 60 feet long in its side and several passengers were injured. You can read about that Costa cruise ship crash here: New Photographs Reveal Extent of Damage to Costa Classica
In addition to these collisions, an engine room fire broke out onboard the Costa Romantica near Uruguay in February 2009. A year earlier, in may 2008, there was a dangerous near-collision between the Costa Atlantica and a cargo ship, the Grand Neptune, where the captain of the Costa cruise ship was heavily criticized. You can read the UK Marine accident report here. (There is speculation that Captain Schettino was at the vessel's captain at the time.)
The parent company of Costa is Carnival cruise line which has had more than its fair share of disasters.
The U.S. Coast Guard blasted Carnival for its negligence following the November 2010 fire aboard the Carnival Splendor cruise ship when the cruise line's fire suppression system malfunctioned. The Splendor was a relatively new cruise ship manufactured in Italy. The fire caused the failure of all of the generators on the cruise ship which stranded over 3,500 passengers on the high seas off the coast of Mexico. "Coast Guard Blasts Carnival Splendor for Fire Negligence"
The U.S. Navy sent an aircraft carrier to the scene and the U.S. Coast Guard had to tow the stricken cruise ship back to the U.S., at the U.S. tax payer's expense.
All of this occurred in the last two years! In May of 2010, I chronicled the series of serious cruise disasters back over the last decade - Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything? If you are going to read one story on this blog, it is this one - the dangerous history of cruise ship fires dating from the Princess Cruises Star Princess fire in 2006 to the fire and sinking of the Sun Vista earlier in the1990's.
So as you digest the disturbing story of the renegade captain working for a cruise line with numerous recent casualties and the photos of the luxury liner on its side, don't let the cruise industry fool you into believing that this is an isolated accident.
The captain always goes down with the ship, the saying goes.
Or at least the captain is the last to leave a sinking vessel.
But not on the Costa Concordia.
Passengers aboard the stricken Costa cruise ship say that they observed Italian Master Francesco Schettino draped in a blanket aboard a lifeboat heading to safety as the vessel's crew and passengers struggled for their lives. There is also talk that the captain intentionally deviated from course to "buzz the island," which if true takes this case from sinple negligence to recklessness or intentional misconduct.
Arrested in Rome for manslaughter and abandoning ship, Captain Schettino talked about "lateral projections of rocks" and other phantom rubbish, rather than his own foolishness, which tore the hull apart and doomed his cruise ship. He boasted that he saved lives and was the last to leave the vessel, apparently forgetting about his chief purser who was trapped aboard the ship.
The captain of a vessel is the supreme master of his ship at sea. The captain is ultimately responsible not only for the safe navigation of the vessel, but for the discipline and order of the crew and the safety of all crew and passengers.
Initial reports suggest that Captain Schettino failed on all accounts. In an unregulated industry which looks for a scapegoat, the cruise line will focus on an irresponsible and renegade captain as the sole cause of the disaster which unfolded this weekend.
If passenger accounts are correct, Captain Schettino will long be considered a coward who abandoned his responsibilities and duties after wrecking the Concordia and killing scores of innocents in the process.
Costa Cruise Lines' Costa Concordia cruise ship has evacuated most of its passengers after a disastrous situation this evening near the island of Giglio in southern Tuscany, Italy.
Media reports suggest that the cruise ship ran aground or struck a reef after departing from its regular course.
The grounding ruptured the hull and water entered the vessel, leading to the forced evacuation of many of the 4,231 passengers and crew from the stricken cruise ship into lifeboats. There are reports that passengers jumped into the water during the chaotic circumstances following the grounding.
The official statements from the cruise line are factually vague. There is no explanation regarding the cause of the grounding. The cruise line proclaims that the passengers are "not at risk," but this is probably the usual misleading and false cruise propaganda. Some media sources are reporting that there are passengers who are dead. Media sources are reporting around 3 passegers died and up to 50 are missing.
The Italian cruise ship carrying 3,200 passengers and approximately one thousand crewmembers. The Costa Concordia had departed for a Mediterranean cruise includio ports in Civitavecchia, Palermo, Cagliari, Palma de Mallorca, Barcelona, ​​Marseille and Savona.
News sources are quoting a passenger describing the mishap similar to the Titanic disaster, "with a scramble among the evacuees, screaming and crying."
January 14, 2012 Update:
Costa issued a statement that the cruise ship struck a "rock." Other news sources are reporting that the captain was arrested for manslaugter and abandoning the ship.
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:
The 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, 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 Adventureof 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 the 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.
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.
Numerous 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.
We have been contacted by several different individuals today inquiring into the facts and circumstances surrounding a crewmember going overboard from the Monarch of the Seas cruise ship.
We are informed that the overboard involved a crewmember from India. No other information is known at this time. The cruise ship is in Nassau today and was in CoCo Cay yesterday. There are no news outlets reporting on this incident so far.
Royal Caribbean / Celebrity cruise ships have seen the most overboards over the course of the last 2 years.
Does anyone have information about this latest crew overboard? If so, please leave a comment below.
January 12, 2012 Update:
DIS, the "Internet's largest unofficial on-line guide to Disney Cruises," contains the following information:
This report is coming live from the Disney Dream. An unknown Carnival Cruise Line ship and Coast Guard helicopters are currently next to the Dream helping with a search for a man overboard from the Monarch of the Seas. On schedule today for the Dream is a day at sea, but overnight, guests began noticing unusual movement from the ship. Guests later learned that the ship had docked at Nassau overnight, but weren't sure why. An officer from the Dream made an announcement overhead at 9:00 am alerting guests of the situation. This is the first official notification passengers have received; if any news-worthy updates are given, this story will be updated.
The Sun-Sentinel reports that at a hearing this morning the defense lawyer for alleged cruise rapist, Brazilian citizen Luis Scavone (full name Luiz Antônio Scavone Neto) requested a Broward judge to set "little or no bail." However, prosecutors for the state argue that defendant Scavone is a flight risk.
Judge Matthew Destry scheduled a hearing for this Friday to take testimony and hear argument whether defendant Scavone, who allegedly committed "lewd and lascivious" acts against a 15 year old girl on the Royal Caribbean cruise ship, is a fight risk.
Scavone is photographed above left, in happier times.
The Broward County Sheriff's Office arrested Scavone together with a 15 year old boy, described as an "alleged accomplice," who lured the 15 year old girl from an on-board nightclub into a passenger cabin on Royal Caribbean's Allure of the Seas cruise ship, according to state prosecutors.
The incident was investigated by the FBI and the Broward County Sheriff's Office which also asserted jurisdiction after the cruise ship returned to port in Fort Lauderdale.
A previous judge who presided over the preliminary hearing, John "Jay" Hurley, expressed concern that Scavone would flee to Brazil if given the opportunity. The Sun-Sentinel quotes the judge saying "People who are from Brazil can go to Brazil, and there's very little chance that they'll be brought back to the United States." The judge called Brazil a "loophole." The judge was referring to the fact that Brazil recently amended its constitution to prohibit the extradition of criminals from Brazil. Judge Hurley ordered that Scavone be fitted with a GPS monitor if he is released from custody while the case is pending.
It will be interesting to learn whether the two defendants hid after the alleged crime on the ship ship to avoid responsibility. That would be a good indication whether they would try and flee the U.S. if released on a low bond.
The press in Brazil are showing interest in this alleged cruise ship crime. Several newspapers are publishing stories. The 15 year old defendant's uncle is apparently a lawyer in Brazil. The SRZD newspaper in Brazil quotes the family lawyer in Brazil denying everything and making nasty comments about the victim and her family.
The MSC Poesia cruise ship ran aground into a reef in the Bahamas this weekend while sailing to Port Lucaya near Freeport, Bahamas.
The 93,000-ton cruise ship needs twenty-five feet of draft but sailed into only fifteen (15) feet of water. The video below show that the vessel ground into and destroyed a substantial length of the fragile reef.
Several tugs were called to prevent the cruise ship from further grinding into the reef as the wind tried to push the vessel into more shallow water.
MSC was not able to get off the reef until high tide. According to Cruise Radio where I first learned of the grounding, the incident did not stop the cruise ship from tendering cruise passengers to Port Lucaya. Ed Owen who writes for the Examiner also was one of the first to report on this incident.
Were you on the Poesia when it ran aground? Do you have photos, video or comments to share?
Yesterday award winning cruise radio host Doug Parker (photo left) broadcast an earlier interview with me about tips about staying safe during a cruise. The text of his blog is below. Don't forget to listen to the interview at the bottom link:
"It’s not something you like to think about but just like on land, crime too happens on cruise ships, too. This week’s news has been about the George Smith case, a man who disappeared on his honeymoon cruise back in July 2005, aboard Royal Caribbean’s Brilliance of the Seas. A follow-up “Overboard” will be on NBC’s Dateline this Friday night.
A lot of people let their guard down while cruising and think it’s safe to get crazy drunk or let their kids have full rein of the cruise ship because it’s a “safe-haven,” but that’s not always the case. I mean you can drink all-you-want and not have to drive anywhere, right?
Maritime attorney Jim Walker of Cruise Law News sat down with us and gave us ”Six Tips for Staying Safe at Sea.” This interview aired in January 2011 on Cruise Radio but we think this is a good time to reinforce what could be consequences of letting your guard down.
You will want to forward this article to any frequent cruisers in your life."
Listen to this short but informative interview here.
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 happened 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 ago, 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 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.
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:
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.
The 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? Are 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."
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:
A 73 tear old passenger from the Carnival Triumph received a ride of a lifetime when an U.S. Coast Guard helicopter plucked him from the deck of the cruise ship and flew him to Galveston for emergency medical treatment.
The Carnival cruise ship was around 120 miles off the coast of Galveston when the Coast Guard performed the medical evacuations early Friday yesterday morning.
Carnival notified the Coast Guard around 10 PM Thursday night that the cruise passenger had a blood clot in his foot and needed immediate medical treatment. An MH-65C Dolphin rescue helicopter was dispatched from Coast Guard Air Station Houston around 11:40 PM> As you can see from the Coast Guard video below, they helicopter crew successfully lifted the passengers from the Triumph cruise ship. He was flown to the University of Texas Medical Center in Galveston.
We have reported on around a dozen Coast Guard - cruise ship medevacs this year.
Video credit: U.S. Coast Guard via Houston Chronicle
On Sunday we received emails inquiring about a Celebrity crewmember who went overboard from the Summit cruise ship. The Summit was sailing from San Juan, Puerto Rico, where it is currently based, to Barbados when the cruise employee disappeared. At the time we had no information.
Today the U.S. Coast Guard issued a statement that the missing crewmember is a Filipino woman, age thirty, employed as a bartender aboard the cruise ship. The cruise line states that she was seen jumping overboard Sunday morning, approximately 6 - 7 miles off the northeastern coast of Culebra Island, Puerto Rico. It is less than clear whether eyewitnesses observed this, or whether the incident was captured on the ship's CCTV cameras.
The cruise ship notified the Coast Guard of the incident from the cruise ship at approximately 12:50 a.m. Sunday. We would be interested in learning when the cruise ship left San Juan, as the incident occurred shortly after departure.
The Coast Guard suspended its search last night.
Royal Caribbean / Celebrity cruise ships have seen the most alleged suicides over the course of the last 2 years. As we have said before, the Filipinos on cruise ships work incredibly long hours and are away from their families for long periods of time. At this point, it is unknown what led this young woman to jump if this is what happened.
NBC Miami reports today that twelve Cuban migrants on a raft trying to sail to the U.S. were intercepted after Royal Caribbean alerted the U.S. Coast Guard.
Royal Caribbean's Navigator of the Seas cruise ship spotted the Cubans today and radioed the location of the raft to the Coast Guard in Miami.
The NBC affiliate reports that one of the Cuban migrants, a 40-year-old man, had a foot injury and was allowed to go aboard the cruise ship for treatment. The U.S. Coast Guard sent a vessel to the scene and took all 12 of the Cuban rafters.
Under current U.S. immigration laws, the U.S. Coast Guard will take the Cubans back to Cuban where they will likely be imprisoned.
This is the second so-called rescue of Cubans trying to flee Cuban by a cruise ship in the last few days.
On December 21st, a Princess cruise ship "rescued" 20 Cubans, including 9 children. CBS affiliate KPHO Channel 5 in Scottsdale Arizona reports that three families from ages 3 to 80 were picked up by the Princess cruise ship on its way back from the Panama Canal. A Scottsdale man vacationing on the cruise ship captured the event on camera.
The Cuban escapees tried to make it to American land. Cruise passenger Nestor Guzman, himself an immigrant, explained that being rescued doesn't mean they were freed, because the Cuban refugees never made it to American soil and were found at sea, they were returned to Cuba. "It was good that they didn't perish in the middle of the ocean," Guzman said.
"What is going to happen now that they go back to Cuba? All the dream lost . . . To me especially, being from Latin America it was very emotional because I see the desire to go to the U.S. to be free after all these years, I'm sure all their partners were thinking about their children, we want the kids to be in America."
These two "rescues" this week end a frustrating year 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. In the last year, four Royal Caribbean cruise ships, The Oasis of the Seas, Allure of the Seas, Monarch of the Seas and Navigator of the Seas, have intercepted Cuban rafters:
The U.S. Coast Guard medevaced an ill passenger from the Queen May 2 cruise ship off of the coast of North Carolina.
The video below shows the the skilled crew of a Coast Guard Jayhawk helicopter lifting a 64 year old woman from the deck of the QM2 cruise ship. The passenger was suffering from severe abdominal pains. The cruise ship was sailing 110 miles off the coast of Nags Head, North Carolina on December 20, 2011. The Coast Guard flew the ill woman to a hospital in Norfolk Virginia.
Professor Ross Klein's website CruiseJunkie contains disturbing comments from a cruise passenger aboard the Carnival Splendor cruise ship who reports that on December 15th during a sailing to the Mexican Riviera a gruesome physical altercation took place in cabin 1306.
Here are the comments:
"Wild, out-of-control alcohol-fueled domestic fight - starts at 9PM, escalates to most certainly a felony assault (or worse) by 3AM. All kinds of yelling, screaming, howling. Objects (victim?) thrown against the walls. Finally security responds; victim has blood streaming from her, multiple wounds; others report seeing multiple pools of blood in the room. Around 3:45 AM, Carnival removes the 'guests' and immediately starts the process of cleaning the room up, starting with the blood.
NO attempt whatsoever to preserve the scene or the evidence. Staff members will not discuss what happened other than 'it's under control' and 'he won't be a problem.' Rumor is that the offender was removed from the ship in Puerto Vallarta."
We reached out to Carnival's PR department yesterday who said they would check it out, but no response so far.
Does anyone on this cruise have additional information? Please leave a comment below.
December 21, 2011 Update: This article was picked up by the popular Cruise Critic online community and posted in a thread on the message board. How did the concerned Cruise Critic cruise fans react to the bloody crime scene and Carnival's spoliation of evidence?
Read their comments like "Doesn't affect me . . . Who cares . . . Ship happens" which you can read here. Unfortunately, this type of complacency perpetuates the sorry state of affairs on cruise ships where cruise lines destroy evidence knowing that their fan base doesn't care.
I think I'll re-name this article "Crime Scene on Splendor Cruise Ship? Carnival Won't Say and Cruise Fans Don't Care."
A newspaper in South Africa published a disturbing story today about the defense raised by the lawyers for a passenger who is accused of raping a woman during a cruise aboard the MSC Sinfonia cruise ship.
The case involves South African national Anika Marks who sailed on the MSC Cruises ship in November 2009. Ms. Marks was on what is described as a three-day business trip with 40 work colleagues when another South African passenger, Sindhu Ramanandh Bhogal, allegedly drugged and raped her.
The cruise ship regularly sails between Durban and Mozambique. On the cruise in question, Ms. Marks says that she awoke two hours after the alleged rape. She accompanied her colleagues to the Portuguese islands (see map), one of the ship’s stops on the cruise. She reported the rape during the cruise the day before the cruise ship was due to return to Durban.
Rather than using a Jane Doe pseudonym, Ms. Marks is using her own name because she believes that this will encourage other rape victims to take action.
After two years of legal wrangling, defendant Bhogal's lawyers have a new defense - the South African state courts cannot try him for the cruise ship rape because the incident happened in international waters. The defense lawyer even obtained a statement from the cruise ship's captain (how interesting) that the incident did not occur in South African waters. At a hearing last week, Mr. Bhogal’s lawyer cited a provision in the South African Criminal Procedures Act that if the alleged crime occurs in international waters, the South African state courts have no jurisdiction.
Ms. Marks, on the other hand, alleges that the alleged rape took place the same night the ship left Durban such that the vessel was still in territorial waters.
If the court concludes that the alleged rape occurred on the high seas, then Mr. Bhogal may walk free. The prosecution would then have to obtain authority from the National Prosecuting Authority to try and prosecute Mr. Bhogal.
Cases like this reveal the dilemna which many women face after they have been raped on cruise ships around the world. Sometimes they find themselves in a no man's land.
In the U.S., only the state of Florida has a law which permits the prosecution of rapists on the high seas. The Florida law is unique because it permits the state to exercise jurisdiction over crimes which occur on cruise ships even if the rape occur in international waters, provided the ship leaves from a U.S. port and the majority of the passengers are residents of Florida.
Regarding rapes which occur on cruises in international water which leave from ports in other states, only the U.S. Department of Justice may prosecute such crimes provided that the FBI is interested in investigating the incident.
But if the rape does not involve a U.S. victim or assailant and is against a citizen of another country and occurs on a foreign flag vessel on the high seas, the FBI has no jurisdiction. This means that the criminal can avoid prosecution on technical terms, citing a lack of jurisdiction.
Photo credit: Photos nos 1 and 3 - International Newspapers via Saturday Star
CruiseLog cites statistics from the U.S. Centers for Disease Control ("CDC") of 11 outbreaks of illnesses so far in 2011, down from 14 in 2010 and 15 in 2009. It concludes that this reflects a "downward trend that began several years ago as the industry increased prevention efforts."
But looking at the data at the CDC website, you can see that the "trend" is actually flat, with 14 to 15 outbreaks reported to the CDC for each the past 3 years (2008, 2009 and 2010). This year will probably end up with the same number of reported incidents.
There has been an additional outbreak reported to the CDC just since the CruiseLog article was published yesterday. HAL's Ryndam cruise ship has reported that more than 5% of its passengers reported to the ship's infirmary complaining of vomiting and diarrhea. You can read about this latest outbreak here. The cruise ship is returning to Tampa tomorrow.
Unfortunately, there seems to be an outbreak or two over the Christmas and New Year sailing somewhere each year, so we should reasonably expect there to be the usual number (14 to 15) this year as in past years.
My real criticism of the CruiseLog article is not whether the number is actually 15 versus 11. It is that the article really doesn't explain that the cruise ship outbreaks reported to the CDC are probably less than 50% of the actual number of incidents which occur around the world each year. Remember that cruise lines do not report sickness outbreaks to the CDC if the cruise does not call on a U.S. port. This is significant because many cruise lines re-positioned a greater number of their cruise ships to Europe and Asia in recent years compared to five years ago
Although it is difficult to track the incidents outside of the U.S., we have reported on a number of incidents this year.
For example, in September, norovirus broke out on Celebrity's Eclipse sailing out of Southampton, England. Royal Caribbean's cruise ships sailing out of this U.K. port remained on heightened alert for months. You will find no mention of this is in the official CDC database. The cruise lines certainly will never voluntarily disclose this.
In November, we reported on one death and 80 sick passengers on HAL's Veendam which experienced a sickness outbreak as the cruise reached in Rio de Janeiro.
The other issue that the CruiseLog does not explain is the cruise lines report disease outbreaks only when 3% of passengers are afflicted based on the number of ill passengers who appear in the ship infirmary. This is significantly less than the true number of those afflicted with viral illnesses. Many sick passengers know that they will be quarantined in their cabins or they simply do not want to wait in the long lines outside of the ship infirmary.
The Clinical Infectious Disease Journal reported earlier this year that 40% of passengers with a viral infection did not report being sick to the ship medical staff. If these passengers were included in the sickness count, then the number of CDC reportable cases would surely increase.
CruiseLog also points to Carnival as not reporting a single outbreak this year. Does that mean that Carnival has a vaccine against the cruise ship bug? Hardly. Consider the following comments by cruise passengers on the CruiseJunkie website about the Carnival Conquest last week:
"From a passenger: There was an outbreak of something vomiting and diarrhea starting on Tuesday of the cruise (4-11 Dec). My husband got sick on Thursday morning and was asked to stay in cabin on isolation. On Friday I came down with vomiting and diarrhea. We were told there were lots of people sick.
Another passenger writes: On our final day at sea suddenly all the crew was wearing gloves and none of the passengers were allowed to get their own plate or food at the buffet. Everything had to be served by the staff and they were constantly wiping down everything and making announcements about hygiene. We asked if something was going on and we were told no however by that night 3 of the seven people in our party were very sick and once we walked in on an employee in the bathroom vomiting very badly. A casino employee told us that night many of the crew and passengers were very sick.
When we were getting off the boat Sunday we saw stacks and stacks of mattresses in plastic they were loading on the ship. We still have people from our group sick and I wish we had been told something. We received no information and since I was traveling with two children and my seventy year old father I continue to be concerned."
Families intending to cruise and worried about norovirus should read news sources like CruiseLog with a grain of salt. There is no empirical evidence that norovirus and other cruise ship sicknesses are on the decline.
Regarding cruises not calling on a U.S. port, the best sources of information are anecdotal, like cruise community forums and websites not beholden to the cruise lines like Professor Ross Klein's CruiseJunkie.
CBS Channel 4 reported today that a check of a suspicious package at the Port of Miami resulted in the evacuation of a cruise ship terminal. The evacuation was ordered after a police dog alerted to the package.
Miami police ordered the evacuation of Terminal C, which was in use Friday by NCL's Norwegian Sky cruise ship. CBS reported that the evacuation covered only cruise and port employees working in the terminal because cruise passengers arriving Friday had yet to be allowed inside to board Friday’s cruise.
The Miami-Dade bomb squad and HazMat crews were was called to check the package. A port official eventually said the package turned was harmless.
This week the United States Coast Guard rescued two cruise passengers - one ill young man from the NCL Gem cruise ship sailing off the coast of North Carolina and a second young woman from the Explorer cruise ship who was suffering from an appendicitis attack near Key West Florida.
When we report on these type of rescues, we sometimes hear from readers of Cruise Law News complaining that the cost of the medical evacuations should be borne by the sick passengers themselves.
We especially hear these complaints when a passenger inadvertently goes overboard. Was the passenger acting negligently or was he or she under the influence of alcohol (a major money maker for the cruise lines). If so, many people protest loudly and angrily that the cruise passenger should bear the extra fuel expenses and other costs incurred by the cruise ship and the Coast Guard searching for the missing passenger.
Federal agencies are prohibited by law from seeking reimbursement of the costs associated with search and rescue of this type.
So who bears the expense when the cruise lines act irresponsibly and the cruise goes terribly wrong?
Consider the fire last year aboard the Carnival Splendor which caused the cruise ship to lose power off of the coast of Mexico. The Carnival ship was disabled due to the negligent design of the cruise ship itself which risked the lives of 4,500 passengers and crew. As we reported before, the U.S. Coast Guard blasted Carnival for its defective engines and poorly designed safety instructions which caused several thousands of passengers to find themselves helplessly adrift at sea without lighting, air conditioning or hot water on the high seas.
Carnival quickly considered legal claims against the companies which designed and manufactured the engines which failed. Carnival did not hesitate making a claim against these companies for the revenues lost while the Splendor sat in dry dock being repaired.
But who paid for the enormous costs associated with the U.S. Navy and U.S. Coast Guard responding to the emergency?
You will recall that the U.S. Navy sent an aircraft carrier, the U.S.S. Ronald Reagan, to the scene as the mostly U.S. passengers bobbed around on the high seas. The Navy utilized four aircraft and helicopters to assist the stricken Carnival ship. The Navy made twenty-four airlifts of food and provisions which its aircrew skilfully dropped onto the Carnival cruise ship to feed the passengers.
How much did this cost and who was paying for it?
I inquired around and the only knowledgeable source was the International Cruise Victims ("ICV") organization whose President, Ken Carver, had requested information from the U.S. Navy and the U.S. Coast Guard pursuant to a Freedom of Information Act ("FOIA") request.
The U.S. Navy timely responded to Mr. Carver's FOIA request. The Navy disclosed that it delivered 60 pallets, weighing over 37,000 pounds, of "bread, luncheon meat, pop tarts, canned crab, water and paper plates."
Considering the cost of positioning an aircraft carrier, dispatching multiple aircraft and helicopters, and delivering tons of food and water to be dropped onto the cruise ship, the Navy stated that it spent $1,884,376.75 responding to the fire aboard the Carnival Splendor cruise ship.
This figure does not include the costs incurred by the U.S. Coast Guard in responding to the crisis and towing the cruise ship back to San Diego. Unfortunately, the Coast Guard has not yet provided any information in response to Mr. Carver's FOIA request dating back to earlier this year.
The Coast Guard's costs were undoubtedly another $2,000,000 or so in personnel and fuel costs for their vessels and helicopters.
There is a certain irony that cruise lines, which structure their businesses to avoid U.S. taxes and U.S. safety regulations, are dependent on the generosity of our Federal agencies in responding to emergencies when they get themselves into a jam.
Cruise lines incorporate in foreign countries like Liberia and Panama and register their cruise ships in foreign countries like the Bahamas in order to avoid U.S. laws and all U.S. income taxes. The cruise industry collects over $35,000,000,000 (billion) a year in income from mostly income-tax-paying-Americans, yet it avoids U.S. corporate income tax by incorporating itself and registering its ship abroad.
But when the cruise ships catch on fire and are adrift on the high seas, cruise lines like Carnival are the first to make a distress call to the United States and ask for favors from the U.S. Navy and U.S. Coast Guard.
When cruise passengers were thinking of suing Carnival last year for the inconvenience caused by the cruise fire aboard the Splendor, I was the first one to say don't do it. Many of the major news networks and newspapers picked up on the my don't-sue-Carnival message, like the Wall Street Journal, USA Today, Fox News, ABA Journal, Gadling, and the U.K's Mirror.
At the end of the day, it was not the cruise passengers who filed suit. It was Carnival who made legal claims against the companies which designed and manufactured its engines. Carnival made millions in the process.
Did Carnival, the only one suing, repay the U.S. government?
Not a penny.
So who paid for all of the millions of dollars in emergency services expended by our U.S. Navy and Coast Guard arising from the negligence of the tax-avoiding, foreign flagged and incorporated cruise line which stranded thousands of tax-paying Americans on the high seas?
You, the American taxpayers.
For additional information about the Carnival Splendor fire and cruise ship fires in general, consider reading:
A number of news sources are reporting that yesterday the U.S. Coast Guard medevaced an ill cruise passengerman from a cruise ship to a North Carolina hospital for treatment.
The ship doctor on the Norwegian Cruise ine's Gem cruise ship notified the Coast Guard that a 38-year-old man was going into shock. The cruise ship was reportedly about 75 miles east of Wilmington at the time.
A helicopter from the Coast Guard Air Station in Elizabeth City North Carolina then flew the man from the cruise ship to New Hanover Regional Medical Center in Wilmington.
The Coast Guard says the man was in stable condition. His name was not released.
A local news station in Palm Beach Florida reports that a fire broke out yesterday on a Palm Beach-based cruise ship in the Bahamas.
WPBF Channel 25 reports that the fire occurred Bahamas Celebration cruise ship. The cruise ship operates between Palm Beach and Freeport, Bahamas. According to Wikipedia, the cruise ship is available for cruises to be purchased directly from Celebration Cruise Lines; however, it is primarily used as a lure by time share companies to attract clientele.
The report indicates that the crew doused the fire themselves and no Coast Guard crews were called to the ship.
The ship is expected to return to the Port of Palm Beach this morning. No one was reported injured.
There is no explanation regarding the cause or the extent of the fire. The cruise ship is operated by the Celebration Cruise Line.
The ship was previously known as the Princesse Ragnild. It entered service in 1981 and was owned by Jahre Lines until 1991. From 1991 until 2008, it was operated by the Color Line.
This is not the first fire on the cruise ship. On July 8 1999, a fire erupted in the engine room resulting in the evacuation of the ship. After repairs in Germany, ship resumed operations in September 1999. On March 1, 2002, the cruise ship experienced another engine room fire, which was quickly extinguished.
If you were on the cruise or know what happened regarding this latest fire, please leave a comment below.
December 13, 2001 Update: The Freeport News reports today that the Bahamas Celebration avoided a "potentially disastrous situation" after a fire erupted in the engine room of the ship some four miles off Grand Bahama early Monday morning. The vessel was hauled into the harbor in Freeport by tugboats.
Seven-hundred-seven passengers and a crew of 300 plus were on-board the ship as it came into the harbor where a fire truck and an ambulance were stationed.
The fire was caused by generator number three which threw a rod and oil caught fire.
The newspaper reports that the fire was ultimately contained within 25 minutes and nobody on-board was injured.
The remaining generators were then shut down deliberately.
The crew and passengers were led up to deck nine. Some of the passengers were quoted as describing the incident as "unsettling" and "nerve-racking."
A cruise line representatives called the incident a "minor fire."
The cruise ship's engine will require a complete overhaul because a lot of cables which melted need to be replaced.
The Centers for Disease Control ("CDC") report that 118 of the 2,730 passengers aboard the Celebrity Solstice cruise ship have reported to the ship's medical facility with vomiting, diarrhea and other symptoms of gastrointestinal illness.
The Solstice is currently on a 14 day cruise and will return to Fort Lauderdale on December 11, 2011.
Pursuant to the CDC Vessel Sanitation Program, environmental health officers and an epidemiologist will board the cruise ship, once it returns to Fort Lauderdale tomorrow, in order assess the outbreak and the cruise line's response activities.
It has been our experience over the years that the "official" CDC numbers of ill passengers and crewmembers is usually less than the true number of those afflicted with viral illnesses. This is because many sick passengers know that they will be quarantined in their cabins or they simply do not want to wait in the long lines outside of the ship infirmary. Often, sick crewmembers are pressed to work notwithstanding their sicknesses.
This is not the first time the Solstice has experienced an outbreak this year. In January and February, there were norovirus outbreaks on the Solsticewith one passenger dying due to exposure to the virus.
Celebrity Cruises has experienced other bouts of widespread illnesses in 2011. Over 100 passengers became sick on the Millennium in May of this year.
Not all gastrointestinal outbreaks are documented with the CDC. The cruise lines do not have to report the outbreaks when the cruise ship does not call on a U.S. port. In September, norovirus broke out on Celebrity's Eclipse sailing out of Southampton, England. You will find no mention of it in the official CDC database.
If you were on the Solstice and have something to add to this story, please leave a comment below. Was the sickness more widespread than reported? How did the cruise line handle the situation?
Afraid of your cruise vacation ruined by a nasty bout of diarrhea and vomiting?
There may be hope for you.
WebMD and a few other medical journals report that there have been promising results from the tests of an experimental vaccine designed to prevent infection and symptoms associated with norovirus.
WebMD explains that researchers sprayed the experimental vaccine in the noses of 47 volunteers. They also sprayed a "placebo vaccine in the noses of 43 other volunteers." The study participants all swallowed a large dose of the norovirus (yuck).
About two-thirds of those who got the placebo vaccine developed gastrointestinal symptoms such as diarrhea and vomiting. However, only a third of the participants who received the real vaccine developed symptoms.
The researcher behind the experiment, Dr. Robert Atmar, a professor of medicine and molecular virology at the Baylor College of Medicine, said that the results are very promising, but it will be a few more years of research before the vaccine can be offered to the public.
Although commonly referred to as the "cruise ship virus," the virus also affects nursing homes, hospitals and restaurants. Over the years, the cruise industry's trade organization, Cruise Lines International Association ("CLIA"), has tried to disassociate itself from this nasty virus. It often writes to newspapers complaining when norovirus is described in such nautical terms.
When nororvirus breaks out on a cruise ship, you will usually hear the cruise lines and pro-cruise line publications stating that the cruise ship has been subjected to "enhanced cleaning,' whatever that means. Cruise Critic ran an article earlier this year with a title "Norovirus is NOT a 'Cruise Ship' Virus." The article showed a couple of photographs of crewmembers spraying down tables, chairs and even the roulette wheel. Many topical solutions sprayed like this are not effective in killing the virus. If a towel is contaminated, the wiping down of everything in sight spreads the virus everywhere.
You will never hear the cruise lines or industry publications mention that the norovirus may not be spread from person-to-person, but have been transmitted by contaminated food or water.
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 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.
Whatever the source of the virus on cruise ships, it is encouraging that there are doctors researching a vaccine against this dreaded sickness.
For other articles about noro virus on cruise ships, consider reading:
Today the Cayman News Service reports that yesterday afternoon a seventy one year old cruise passenger was found dead in the water near an area referred to as the "Sand Bar." This is a popular location where tourists can swim in shallow water near stingrays.
Police have identified the cruise ship passenger as Mr. Samir Rizk of Raleigh, North Carolina.
According to this news source, a spokesperson for the Royal Cayman Islands Police Service said that just before 2:00 PM on December 6th, the local police police received a report that "a man had been found in the ocean, near to Coral Gardens, floating in the water by people who were on a boat at the Sand Bar."
The boaters lifted the man onto their vessel, but found he was unconscious and non-responsive to CPR.
The news source further reports that the Joint Marine Unit’s ‘Niven D’ went to the location and transported the man to the Yacht Club where paramedics were standing-by. He was then taken to the Cayman Islands Hospital in George Town, but was found to be dead on arrival.
A post mortem examination is scheduled to take place on this Friday, December 9th. There is no indication regarding the name of the cruise line or cruise ship on which the deceased passenger was sailing. It is also unknown whether the passenger was on an excursion, or a tender, or swimming or engaged in water sports.
If you were on the cruise and have information regarding this incident, please leave a comment below.
December 8, 2011 Update: The Raleigh News and Observer newspaper has an article where Mr. Rizk's brother described him as an excellent swimmer and marathon runner, having completed a marathon just two months earlier. He questions how no one observed his brother in distress in such a popular and often crowded area.
A news station in California is reporting that a woman is dead after falling around 75 feet from the Queen Mary in Long Beach Harbor Monday evening.
KABC News in Long Beach states that the woman "fell off a walkway" around 8:30 p.m. yesterday evening and plunged into the water below.
Another person jumped into the water to try and rescue the woman, followed by two Long Beach police officers.
The BelmontShores-Naples Patch has the most complete information. This newspaper states that the 26 year old woman fell from the upper gangway after arguing with her 40 year old boyfriend.
The newspaper reports that that two unidentified employees witnessed the argument and the woman falling into the water. Although ordered not to talk, they provided eyewitness detail.
They said that the woman had been arguing, with a man they called her boyfriend, near the center of the top level gangway for nearly 10 minutes. One employee recounted that the woman allegedly said "I don't want to live, I don't want to be with you anymore, I don't want to go on."
She made a "motion like she was going to go over the rail and slipped."
The 40 year old man then "ran down the steps to the bottom landing and jumped in."
The newspaper states that one of the employees saw the entire (nearly 10 minute) argument, while the second employee said he saw the final three or four minutes.
She was taken to a hospital in critical condition and later died.
Although many news sources refer to the Queen Mary as a "cruise ship," in 1967 it was removed from the British registry and officially turned over to the city of Long Beach. The once storied vessel was operated by Cunard. The vessel had its inaugural voyage in 1936; it was used as a troop transport in the second world war; and it enjoyed its "golden years" in the 1950's and 1960's. It is now operated as a hotel and is fully dependent on shore utilities.
Newspapers in Hawaii are reporting today that a twenty-seven year cruise ship employee was pulled from the water at Kalapaki Beach this afternoon.
The local police are saying that bystanders brought the man to shore and administered CPR. Paramedics later continued CPR after arriving on the scene, and transported the crew member to Wilcox Hospital, where he is listed in critical condition.
The crew member is from an unidentified cruise ship docked in Nawiliwili Harbor which is the major port for Kauai. If you are familiar with this incident and know what cruise ship the crewmember is from please leave a comment below.
CBC News in Canada published a story this week about cruise passenger Bernie Hamilton, age 66, who died following a Holland America Line ("HAL") cruise due to what sounds like a series of errors by the ship's medical personnel. The article is entitled "Cruise Death Prompts Warning on Ships' Medical Care."
I have heard these stories time after time over the years. A couple excited about a dream vacation. The husband experiences medical issues during the cruise which a competent doctor ashore would easily handle. But due to blunders by the cruise ship medical team, the wife returns home alone to face the cruise line's denials of responsibility for the suffering and death.
In Bernie Hamilton's case, you can read about the ship doctor's misdiagnosis by concluding that Mr. Hamilton had just a common cold or perhaps asthma which led to a prescription of Ventolin which accelerates a patient's heart rate. You can read that after Mr. Hamilton collapsed on the floor of the cabin, his wife Heather had to witness the spectacle of the medical personnel trying to decipher the instructions for the automatic defibrillator as precious minutes ticked away on her husband's life.
After the ship medical team struggled to insert an intravenous line and intubation tube and finally "stabilized" Mr. Hamilton, the ship put Mr. Hamilton ashore in Spain where the shore-side doctors declared him brain dead.
Ms. Hamilton received no apologies from HAL. The cruise line is quoted in the article saying that they "believe the care provided to Mr. Hamilton was appropriate." All that Ms. Hamilton received from HAL was a bill for $2,000.
The article mentions other similar stories by members of the non-profit International Cruise Victims organization. Also quoted is Miami lawyer, and my friend, Phil Gerson who is quoted saying: "They advertise that they do have a medical clinic on board . . . and they actually sell those services to their passengers. But they don't tell them … that they have no legal responsibility for the carelessness of the medical personnel."
Last year, I wrote an article "If the Ship Doctor Kills You, Too Bad" which explains the dangers provided by the limited nature of cruise ship medical care and the difficulty seeking compensation when malpractice of the ship doctor or nurses harms your family.
Yes, doctors and nurses make mistakes, but a cruise ship is about the only place where a doctor can negligently kill your loved one and there is no accountability.
As I mentioned last year, as long as cruise lines are not liable for bad medical care, there is no financial incentive for the ships to invest in training and hiring more qualified and experienced doctors and nurses.
There is no economic or moral justification for such an inequitable situation. The cruise industry collects over $35 billion dollars a year and pays no Federal income taxes by registering their cruise ships in foreign countries. As long as travel agents, cruise fans and the public are indifferent to these type of stories, in the future other families will experience the horror of dream vacations going terribly wrong.
A number of readers of our blog have contacted us asking for information about a jet ski mishap where a cruise passenger apparently died in the Bahamas on November 24th.
The incident reportedly occurred after the cruise passenger rented a jet ski at the Atlantis resort in Nassau. The passenger had sailed to Nassau aboard the Carnival Magic cruise ship.
There are no news accounts regarding the incident which we have been able to find.
One reader wrote to us saying:
" . . . I think it would be good to have more openness so that people can make better informed decisions about activities when they go on vacation. I think it's atrocious that it is obviously being covered up. I also checked all avenues before I wrote you a note. It is real but I don't know how to get the information out."
The U.S. Department of State has the following warning about water sports rentals in the Bahamas:
"The water sports and scooter rental industries in The Bahamas are not carefully regulated. Every year people are killed or injured due to improper, careless, or reckless operation of scooters, jet-skis, and personal watercraft or scuba/snorkeling equipment. Visitors should rent equipment only from reputable operators, and should insist on sufficient training before using the equipment. There have been reports that some operators do not actually provide insurance coverage even when the renter opted (and paid) for insurance coverage. Visitors should insist on seeing proof that operators have sufficient medical and liability insurance."
There are lots of articles on line about jet ski accidents in the Bahamas, including this article dating back to 2004.
If you were on the Magic and have information about this incident, please leave a comment below.
November 30, 2011 Update:
A reader left a comment below and alerted us that there is a video from the Bahamas about the incident. The victim was apparenty 47 years old and from Texas.
Video credit: Broadcasting Corporation of the Bahamas
Multiple news sources are reporting that a Federal Judge sentenced a Pittsburgh-area man 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.
According to the Republic newspaper, Stevenson fondled a 6-year-old boy while in a hot tub on the Royal Caribbean 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.
The Australian Broadcasting Network just published a weird and disturbing report that the Scientology organization held a young woman against her will on its cruise ship, the Freewinds, which the Scientologists home port in Curaçao.
The report involves Valeska Paris who was born into a Scientology family. Her father, once a millionaire, alleged that the organization fleeced him and he became impoverished. After he committed suicide, her mother denounced Scientology on national television. Scientology "church" leaders then instructed Ms. Paris to have no further contact with her family and placed her on the organization's cruise ship where she has been held for twelve years.
As a child, Ms. Paris had enlisted into Scientology's "Sea Organization" which required her to agree to a "one billion year contract" of service.
It seems that the Scientology cult uses the cruise ship to teach "specialized services . . . in advanced spiritual concepts" based on lectures that its leader L. Ron Hubbard gave in the 1960s. Hubbard thought that the path to higher spirituality could be found in settings like cruise ships sailing to tranquil locations. Hubbard was often photographed wearing a captain's hat.
The "Church of Scientology International" calls Ms. Paris a "liar" and an "apostate." It refers to Ms. Paris' claims as "wholly irresponsible, ludicrous, sad, spurious, dishonest, ridiculous, unreliable, uncorroborated, and totally false." You can read the over-the-top Scientology denials here.
The Scientology statement says that the Freewinds cruise ship is a "wonderful place."
The last time the Freewinds was in the news was in 2008 when asbestos was located on the ship and the cruise ship was declared a health hazard. It was dubbed the Death Ship.
A newspaper in St. Kitts reports today that on Wednesday two U.S. passengers who arrived in St. Kitts aboard a cruise ship were arrested by local police for possessing pot.
The U.S. couple from Los Angeles were sailing on the Celebrity Eclipse when ship security was alerted to the possibility of passengers having marijuana in their cabin. Ship security searched the couple's cabin and found pot. St. Kitts police then arrested the passengers and took them to jail ashore.
One of the passengers reportedly admitted to purchasing marijuana on a beach when the cruise ship docked in St. Maarten the day before. A local judge fined the passenger EC $5,000, which he reportedly paid immediately after the hearing.
The couple were not permitted to return to the cruise ship. They spent the night in St. Kitts, and left the island the following day. A fine of EC (East Caribbean currency) turns out to be around
US $1,850.
Lots of the island countries which cruise ships frequent levy substantial fines for cruise passengers possessing small amounts of pot for recreational use.
I wish that the cruise ship security and local port police would show such vigor in arresting passengers and crew engaged in violent crimes on cruise ships.
Multiple news sources are reporting that an U.S passenger died aboard Holland America Line's Veendam cruise ship that arrived in Rio de Janeiro yesterday.
HAL's Veendam is also the same cruise ship on which approximated 80 passengers fell ill, according to the state-run Brazilian news agency, Agencia Brasil. The agency refers to the cruise passengers as suffering from "gastro-enteritis." It is unknown whether there is a norovirus outbreak.
Forensic doctors are investigating the death of the American passenger. A CNN article reports that the cruise ship doctors told police that the woman was "elderly and suffered from diabetes and hypertension." (So much for the confidentiality of a patient's medical information.)
The Veendam left New York 36 days ago for a South America cruise. The Veendam had stopped earlier in the cruise at ports in Chile, Argentina and Uruguay before reaching Rio de Janeiro.
November 23, 2011 Update:
HAL claims that the death and the illness of some 80 passengers are unrelated. HAL issued a statement to Noticias de Cruceros that the passenger died due toa heart condition whichhad nothing to dowith thegastrointestinal ilnesses. It's amazing how cruise line PR people suddenly become epidemiologists when someone dies on their cruise ship.
But a local newspaper in Brazil, Clarin, has the following account (translated):
An American, 61, died of a suspected food poisoning on a luxury cruise ship which arrived in Rio de Janeiro, from Chile, Argentina and Uruguay, in which 86 other passengers had symptoms such as cramps and vomiting, reported Brazilian authorities, in what is thought to be an outbreak of gastroenteritis due to consumption of bad food and poor hygiene.
The Holland America liner MS Veendam, carrying 1259 passengers, arrived in Rio de Janeiro and was quarantined to be subjected to investigations by the Brazilian Federal Police and the National Health Surveillance Agency (ANVISA) .
Tourism Secretary de Janeiro, Ronald Azaro, said that 79 people have contracted some sort of infection on the trip. When the November 6 cruise departed from Valparaiso, Chile, ANVISA received a warning symptoms of some passengers. He went to Argentina and Uruguay, having started the journey in New York, USA, with stops in Panama and Colombia, according to the Brazilian press.
The official said the Brazilian Federal Police took over the investigation into the death of the American, identified as Dorothy Philips, age 61, occurred on board as the ship was in the Maua Pier in the city of Rio.
Sources told the Brazilian media crew that the crew issued a red alert three days ago to take care with hygiene and some food. For now, the pool and the library of the cruise were closed.
According to the NASS report released last month, 27% of cruise ships passing through the Brazilian coast have health problems than those permitted by the rules in Brazil. Among the problems, according to an official report collection are inadequate food and lack of water conditions offered to passengers.
ANVISA recalled thatpassengers on the same boat, in March this year, experienced gastroenteritis cruising to Brazil. At least 43 passengers had symptoms in Belem, capital of Amazon state of Pará.
A news source in the U.S. Virgin Islands reports that two passengers from the Celebrity Eclipse cruise ship were involved in a serious parasailing accident on Tuesday in St. Thomas.
The incident occurred late Tuesday afternoon while the passengers were on an excursion. One of the passengers died, and the other was seriously injured and remains hospitalized.
There are comments from an online cruise community suggesting that the deceased passengers was celebrating her 60th birthday and her daughter was the one seriously injured.
Celebrity Cruises advertises parasailing "400 feet over St. Thomas" on its website. You can watch's Celebrity's brief video about parasailing in St. Thomas here which describes the excursion as an "experience of a lifetime."
A number of agencies are apparently involved in the investigation into this incident, including the Virgin Islands Police Department, Department of Planning and Natural Resources, Attorney General’s Office, and the U.S. Coast Guard.
if you know how the accident occurred, please leave a comment below.
November 17, 2011 Update:
The Virgin Islands Daily News published an article this evening stating that "squalls and wind gusts Tuesday afternoon may have factored into the death of Bernice Kraftcheck, 60, and the serious injury of her daughter Danielle Haese, 34, who was hospitalized overnight at Schneider Hospital."
The mother and daughter purchased a parasailing shore-excursion from Celebrity Cruises which was conducted by Caribbean Watersports and Tours. The excursion company conducted the parasailing trip aboard the 31-foot powerboat Turtle. The newspaper reports that two crew members operated the Turtle, which was carrying five passengers.
"All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation," said Celebrity Cruises spokeswoman Cynthia Martinez.
Cruise lines face legal liability when they fail to vet the safety policies and procedures of the excursion companies which the cruise lines select to do business with.
For example, 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."
WPTV - 5 in West Palm Beach has an interesting article and video this morning about a U.S. soldier who was denied boarding on a cruise ship to the Bahamas by Celebration cruise line because he had only military I.D. with him.
The story involves Jupiter Florida mom Melissa Fontane who booked the cruise in celebration of her son, who serves with the 101st Airborne Division, returning to the U.S. on leave from service in Afghanistan. Before she purchased the cruise, she knew that her son did not have a passport nor did he have possession of his birth certificate. She asked if it was okay for him to use his military I.D.
"No problem!" the cruise line agent said.
What Ms. Fontane did not know, nor did the cruise line reveal, was that the Department of Homeland Security changed its policies and no longer permitted military I.D. to board a cruise ship.
As WPTV - 5 explains, not only did Celebration block soldier Fontane from boarding, but the cruise line refused to honor "Celebration's protection plan" which Ms. Fontane paid extra for just in case she had to cancel for any reason. Celebration referred to the "fine print" drafted by their lawyers in the cruise ticket stating: 'no refunds or changes are allowed if you're denied boarding due to failure to provide proper documents.'
When Ms. Fontane tried to dispute the charges with her credit card company, Celebration blocked that move too, arguing that: 'the guests were denied boarding due to failure to provide proper immigration documents. The booking, was cancelled, and charged the full penalty.'
Ms. Fontane tried to contact the Celebration executives but was given only the email of a low level customer care representative who completely ignored her.
Justifiably frustrated, she asked: "he can serve in Afghanistan, fly through different countries with his military I.D., but to go to the Bahamas on a cruise line is not acceptable?"
So what did Ms. Fontane do at this point? Did she hire a lawyer to fight the dastardly cruise line? No, that would not have make much of a difference in a case like this. Cruise lines like this are equally skilled at ignoring lawyers too.
She did something much smarter - she contacted the media.
When a local television station called Celebration and said it was airing an investigation, the cruise line suddenly changed its tune. Its all a big mistake the cruise line explained. Ms. Fontane received a full refund plus free cruises to be used when her son returns from overseas. The foreign incorporated and foreign flagged cruise line was suddenly full of American pride and patriotism, announcing:
"The President of Celebration spent 26 years in the military. We appreciate everything the brave men and women of the military do for our country . . . "
Ah, a happy ending to the story! Now if we can only get Celebration to begin paying U.S. taxes . . .
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.
Although 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.
Multiple news sources are reporting that a fire broke out aboard a Moscow based river cruise ship, the Sergey Abramov, and engulfed the vessel.
Various news reports indicate that several passengers were burned and one crewmember is either missing or reported dead. Other news accounts reports indicate no deaths.
The Sergei Abramov is a three-deck river vessel which apparently caught fire due to defective electric wiring.
The fire is one of several serious accidents involving Russian river cruisers in recent months.
The worst incident involved the the sinking of the cruise ship Bulgaria, which sank during a storm in the Volga River on July 10, killing 122 people.
There is a great deal of criticism of the archaic and dilapidated nature of many of Russia's river cruise boats and the inadequacy of the inspection procedures in that country.
A photo of the Sergei Abramov, in happier days, is above.
When I think of Disney Cruise Lines these days, the popular saying "the cover up is always worse that the crime" comes to mind.
I'm sure that I am not the only one who thinks that. Disney Cruise Lines's conduct over the last nine months after the unexplained disappearance of Disney youth counselor, Rebecca Coriam, has a number of people questioning Disney's moral compass.
Stephen Mosley, the MP of the city of Chester in England, where Rebecca is from, condemned the so-called investigation after young Rebecca's disappearance as "appalling."
Perhaps the most insightful, and damning, look at Disney Cruise Line's corporate culture is from an article by noted reporter Jon Ronson in the U.K.'s Guardian newspaper. Mr. Ronson's investigative report, 'Lost at Sea," is a must read if you are interested in the culture of a feel good corporation like Disney which chooses obfuscation rather than transparency and cover-up over truth to protect its brand.
Mr. Ronson, a journalist, documentary filmmaker, and the best selling author of "Them" and "The Men Who Stare at Goats," took a cruise last month aboard the Disney Wonder to take a hard look at the cruise line and cruise ship which are at the center of the mystery surrounding Ms. Coriam.
He quickly learned that the crewmembers on the cruise ship, although trained to maintain a happy I-don't-know-what-you-are-talking-about disposition, apparently all knew where Ms. Coriam went overboard - the front of deck 5, at the crew pool.
"Disney knows exactly what happened," one crew member told Mr. Ronson. Referring to a telephone call Ms. Coriam had on the morning in question, the crewmember said: "It was taped. Everything here is taped. There's CCTV everywhere. Disney have the tape."
Mr. Ronson also learned that Disney put flowers at the wall next to the crew pool, although it refused to answer any questions why - leading many crewmembers to become convinced that Disney knows what happened but is not telling anyone.
There is also the issue of a pair of flip-flops, found on a deck on the morning at issue. Instead of securing them as evidence and conducting forensic testing to determine whether there was any connection to Ms. Coriam, Disney instead placed them in her cabin when her parents got on board.
But family members and friends rejected the connection between the sandals and Ms. Coriam, finding them too big and not her style. Rebecca's cabin mate, her intimate friend and other crewmembers were never asked to identify the flip-flops. Instead, it was as if Disney wanted Rebecca's family to conclude that she must have slipped the sandals off before she voluntarily went overboard - even if it meant spoliating the evidence by moving the sandals from the open deck into her cabin, after-the-fact.
The article raises also the basic question of how someone can go overboard from the cruise ship without the CCTV cameras capturing the event. If Rebecca really went overboard at deck 5 by the crew pool, a crewmember confided: "there's HR offices, the crew gym, the crew office that deals with passports, money, documentation. And they're saying there's no CCTV cameras?"
If Rebecca really went overboard at this location, it means that it occurred right below the bridge.
There is something not quite right on the Disney Wonder. If Disney knows why Rebecca went overboard, her family deserves to know the truth.
The Coriam family does not deserve Mickey Mouse games.
The Sunday Times of London published a disturbing story today regarding paint used on cruise ships and other vessels which could leach into the ship's water tanks. The newspaper reports that the potable water supplies may have been contaminated and posed a cancer risk to thousands of cruise passengers.
The paint could leach the toxin acrylonitrile, described as a tumor-causing probable carcinogen, into the cruise ship's drinking water.
After an inspector, Brian Bradford, discovered the problem with the paint, the paint manufacturer, Danish corporation Hempel, successfully sought an injunction against Mr. Bradford to keep him quite.
The New York Post picked up the story today, and published an article "Cancer Scare Over Cruise Ships’ Suspect H2O." The Post refers to the Sunday Times "bombshell report" and raises the alarming question whether "thousands of New Yorkers may have been exposed to cancer-causing drinking water aboard a flotilla of luxury cruise liners."
The Post refers to a "defective paint" used inside water tanks on many ships, some owned by cruise lines such as Royal Caribbean and Norwegian Cruise Line as well as other companies.
The articles report that Hempel managed to keep the danger secret due to a "super-injunction" which effectively gagged Mr. Bradford from blowing the whistle on the paint manufacturer and the cruise lines. The articles state that Mr. Bradford was a paint inspector who was overseeing the repainting of water tanks on the Norwegian Dawn and the Norwegian Star.
The Post states that "Bradford discovered a black residue on tanks, told Norwegian Cruise Line about it, and was axed." Mr. Bradford remains muzzled for speaking out about the danger, but the Sunday Times apparently is not bound by the injunction.
Norwegian Cruise Line issued a statement, claiming that: “the drinking water on Norwegian Star and Norwegian Dawn has always been and remains safe.”
We reported on the problem with the allegedly toxic cruise ship water last March in our article Did Cruise Industry Hide Evidence of Toxic Water Tanks? Our article was based on an article which was published in the Telegraph in London. At that time we raised the issue of what cruise ships had the Hempel paint and which cruise lines knew of the problem.
It's interesting to see the London based newspapers taking the lead reporting on such a public hazard involving the cruise industry based here in Miami.
When will the major U.S. media focus on this important story?
What do you do if you accidentally knock your wife unconscious when she tries to commit suicide on a cruise? Do you throw her overboard after suddenly remembering that she wanted to be buried at sea?
Yes, pretty far fetched. But that is exactly the defense offered in a criminal trial against a Chinese cruise passenger who is accused of murdering his wife and then pitching her overboard during a cruise aboard the Macau Success last year.
The Standard newspaper in China explains that Wang Weilie, age 49, stands accused of murdering his wife Yang Wenjuan, age 43, during a cruise on September 24th last year.
A cruise passenger witnessed the couple on a deck when Wang pushed Yang's head backwards towards the railing. He rushed to notify the cruise staff but returned to find the couple gone but blood covering the deck.
Cruise security guards observed bloodstains on Wang's fingertips. He said the injuries to his fist, chest and knee were caused during a struggle to prevent his wife from killing herself. However, when she lost consciousness, he threw her overboard.
A post-mortem examination found bruises, abrasions and a broken arm. A pathologist concluded Yang "died of drowning after sustaining significant but otherwise non-fatal injuries."
The bizarre story reminds me of the violent death of cruise passenger Karen Roston whose husband threw her overboard on the last night of her honeymoon cruise from the Sundancer cruise ship operated by Admiral Cruises of Miami. Scott Roston concocted a story that high winds blew her overboard as she ran on the jogging track on an upper deck. But evidence introduced at his criminal trial indicated that the winds were just 4 - 5 mph.
FBI agents found Ms. Roston's hair embedded in the rubberized jogging track along with a broken earring matching one she was wearing in a photograph taken at a shipboard dinner. Her husband was observed with scratches on his face after her disappearance. A medical examiner concluded from an autopsy that Ms. Roston had been strangled and then thrown overboard . . .
Cruise expert Professor Ross Klein reports that a NCL passenger went overboard from Norwegian Cruise Line's Norwegian Sun shortly after the cruise ship pulled out of the Falmouth shipping pier in Jamaica late Wednesday.
Professor Klein has the most complete list of passenger overboards over the course of the last ten years.
Professor Klein's website refers to an article in the Jamaica Observer which reports that the Trelawny police responded to an incident late on Wednesday involving a passenger who died after going overboard from the top deck of the cruise ship Norwegian Sun.
The newspaper quotes the head of the Falmouth Police Division, Superintendent Andrew Lewis, stating that he was informed that the cruise passenger was taken from the water by crew members of the vessel, which had turned around after an alarm was raised that the passenger had jumped.
The police reported that the incident occurred 25 minutes after the vessel left the Falmouth cruise shipping pier about 6:00 pm.
The article is confusing, claiming that the passenger allegedly "jumped" while Superintendent Lewis referred to "the man falling in the water."
Yesterday, the Jamaican Tourism Minister Edmund Bartlett issued a bizarre statement, expressing regret over the incident but said he stating that "the circumstances has nothing to do the destination."
NCL, which is based here in Miami, has not issued a statement about the incident. The only reports I have seen about the passenger overboard are from Professor Klein who is in Canada, and the newspaper in Jamaica.
The Miami-based cruise lines do a remarkable job keeping these type of incidents under the radar.
Like many overboards, it is less than clear whether the passenger jumped or fell, and if so whether alcohol was involved.
If you were on the cruise or have information, photographs or video regarding the incident, please leave a comment below.
November 4, 2011 Update:
Tonight NCL issued the following statement:
"At approximately 7 pm ET on Wednesday, November 2, 2011, a guest traveling on Norwegian Sun was observed jumping overboard from a public area on Deck 12. The ship immediately turned around, launched rescue boats and conducted a search. At approximately 8 pm ET, the guest was located in the water, returned to the vessel and pronounced deceased by the ship’s doctor.
All appropriate authorities have been notified. Out of respect for the family, the company will not be releasing any further details. Norwegian Cruise Line extends its deepest sympathies to the guest’s family and friends during this difficult time.
Norwegian Sun departed Port Canaveral, Florida on October 29, 2011. The ship is sailing a Western Caribbean itinerary and had visited Falmouth, Jamaica on Wednesday."
November 7, 2011 Update:
Several passengers have left comments below. One passenger, Kate, sent us a photograph of one the rescue boats. (The exposure of the photo was adjusted substantially because it was very dark).
A fire broke out yesterday aboard an Egyptian bound ferry, the Pella, in the Gulf of Aqaba, which is the northeastern tip of the Red Sea.
There were approximately 1240 passengers aboard the cruise ferry at the time of the fire. The ferry was ten miles off of the coast of Jordan. A number of military vessels and helicopters responded to the emergency. There are conflicting news accounts whether the rescue operations were conducted solely by Jordan or a combination of Jordanian and Egyptian vessels.
One passenger died. All other passengers were rescued and various news sources are reporting between twelve and twenty-five passengers were hospitalized for smoke inhalation injuries.
The Pella is owned by the Al-Jisr Al-Arabi company, which is described as a shipping company owned by Egyptian and Jordanian businessmen.
The AP reports that in February 2006, about 1,000 passengers, mostly Egyptian workers returning home from Saudi Arabia, died when a fire broke out on a ferry.
Photo credit: Abraham Farajyan / EPA (via MSNBC photoblog)
For aditional information about cruise ship fires, consider reading:
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:
The 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.
Today the case of missing Disney Cruise Line youth counselor Rebecca Coriam is again in the news as a MP from her hometown of Cheshire England spoke before the House of Commons.
You will recall that last March, Ms. Coriam "disappeared" from the Disney Wonder as the cruise ship was sailing a Los Angeles - Mexico cruise itinerary.
How could a young woman, especially one who is charged with taking care of children, simply vanish during a cruise?
The disturbing incident raises serious questions regarding not only the safety and security of the passengers and crew on foreign flagged ships but whether there are acceptable systems in place to conduct objective and aggressive investigations into such incidents.
Because the Wonder is flagged in the Bahamas, the Bahamas has the responsibility to investigate Ms. Coriam's disappearance. This is so even though the cruise ship was based in Los Angeles, and her employer (Magical Cruise Company, Ltd.) is incorporated in the U.K.
In this case this means that a single policeman from Nassau flew to Los Angeles. Only one policeman from the Bahamas was responsible for conducting a forensic investigation and interviewing the thousands of passengers and crew on the cruise ship once it returned to Los Angeles.
The local FBI offices in Los Angeles have literally dozens of FBI agents and forensic experts and were readily available to meet the ship at the port. But they were not invited to become involved, either by the Bahamas or at the urging of the Disney cruise line.
The BBC published an article today about the dilemma. MP Stephen Mosley asked the House of Commons: "How could we have allowed this to happen to a British citizen?"
Mr Mosley warned people on cruises were not covered by British laws in cases of disappearance, theft or sexual assault at sea. He said:
"We have the disappearance of a young English woman hired by an English corporation to sail on a cruise ship out of a US port and yet not a single British or American police or forensic team went on board the cruise ship in the days following her disappearance."
Rebecca's parents, Mike and Ann Coriam, are working to change in the law to allow British authorities to investigate cases when British nationals go missing on vessels registered in places like the Bahamas.
Do you know what happened to Rebecca? Please contact her family:
At this moment the U.S. Coast Guard is in the process of medevacing three elderly passengers from a cruise ship 100 miles east of from Hilo, Hawaii.
The Republic reports that an 86 year old man appears to having a heart attack, an 82 year old man has symptoms of internal bleeding, and a 76 year old woman is suffering from abdominal pains.
The helicopter deployed two helicopters and a plane to the Holland America Line cruise ship, the Oosterdam. The cruise ship is headed for San Diego. The Coast Guard intends to take the ill passengers to Hilo Medical Center.
A cruise ship in the middle of the ocean is not where you want to be if you are gravely ill.
The newspaper reports that a Coast Guard flight surgeon made the decision to medically evacuate the elderly passengers after hearing about their conditions from the ship's medical staff.
We have covered lots of cruise ship medevac stories, but none involving three separate passengers in need of emergency medical evacuation.
If you are on the cruise ship and have information or photographs or video of the medevac, please leave us a comment below.
Video Credit: U.S. Coast Guard / Department of Homeland Security
Earlier this month, crewmembers aboard the Celebrity Century cruise ship recorded interesting video of the rescue of an injured skipper in the Pacific as the cruise ship sailed to Hawaii.
The incident involved the Quantum Leap, a 49 foot sailing yacht which was being delivered from San Diego to Honolulu by captain Phillip Johnson, together with his nephew and another friend.
After the sailboat left California, it began experiencing problems with its generators and batteries, which compromised power to the sailboat's satellite phone and GPS.
Captain Johnson was injured badly when rough weather struck the sailboat. Because of the distance to the closest port (some 700 miles), the U.S. Coast Guard was unable to send a helicopter but contacted vessels in the area.
In this case, the Celebrity Century was sailing to Hilo. As explained in an interesting account from Sail World, Celebrity Captain Konstantinos Patsoulas turned the 815 foot cruise ship around and headed for the sailboat which took approximately 12 hours.
You can see how the cruise ship deployed the rescue boat and took the crew of the Quantum Leap aboard the cruise ship, to the applause of the passengers and crew. The sailboat was adrift as the Century then continued it cruise to Hawaii.
Sail World also explains about how, three weeks later, the Quantum Leap washed ashore on a beach in Maui without its captain or crew . . .
An interesting account of the rescue is also contained in an article "Rescue at Sea" by Lorraine Thompson who was cruising with her husband, Charles, on their 56th cruise.
According to WAVY.com, on October 29, 2011, the Norwegian Gem cruise ship responded to a distress signal initiated by a disabled sailboat which had lost power and was taking on water. The sailboat was 256 miles northeast of Bermuda, and it would have taken days for a Coast Guard cutter to respond from the U.S.
The Coast Guard sent a C-130 aircraft from Air Station Elizabeth City, North Carolina and coordinated the arrival of the NCL cruise ship which was in the area.
The Norwegian Gem deployed a lifeboat which the NCL crew tethered to the sailboat which had five sailors aboard.
New sources report today that hundreds of people cowered for hours inside a shopping mall in the resort town of Cabo San Lucas today while security forces traded gunfire with armed criminals at the Plaza Sendero shopping center.
A local newspaper in Mexico, Milenio, reports that 12 men armed with high powered rifles (AK-47's), were traveling in three vans (other articles say 3 - 4 men). When they were observed by police, they retreated into a store at the mall. They were suspected of killing a marine the night before. There are conflicting stories whether they held 200 of the 600 shoppers hostage. After a shoot out, three men were arrested according to Borderland Beat.
This dangerous event occurred after cruise lines like Princess Cruises, its parent company Carnival Cruise Line, and Disney Cruise Line pulled out of Mexican ports such as Mazatlan and Puerto Vallarta in the last few months because of fears of violence.
Is it safe to cruise to Mexico when places like Cabo San Lucas turn into a scene from the Wild West?
You can see the gun battle and arrests in the video below:
October 29, 2011 Update: The incident may be related to another gun fight broke out late on the night of October 28, 2011 between 11:00 PM and 3:00 AM in Cabo San Lucas "between Mexican military and assumed narco trafficantes." One soldier and a gunman are dead and two police officers are seriously injured. A video of the nighttime shooting is below:
Video credits: Top - TheRasek79 (YouTube); bottom - BajaWhistleBlower (YouTube)
Photo credits: Pat Garcia / La Paz, Mexico
October 30, 2011 Update: Photographs are emerging of the criminals holding hostages (above) and the military responding to the situation (below). Photos courtesy of Now Public / Pat Garcia, La Paz, Mexico.
While the P & O Cruises Ventura cruise ship sailed from Southampton to the Caribbean, a passenger went overboard.
Falling into the middle of the Atlantic Ocean at night should be the beginning and the end of the story. But this passenger overboard story is different from the many other cases we have discussed before.
The Mail Online newspaper in the U.K. reports that passengers on the cruise ship "were woken by a huge lurch in darkness at 5:30 AM, while horns sounded . . . " Life rings were thrown out and lifeboats were deployed. The overboard passenger was pulled aboard a lifeboat and, once aboard the cruise ship, he was sent to the ship infirmary to recover.
There is no explanation regarding what happened.
The newspaper quotes another passenger, Julie Lourens, saying ‘It has all been very dramatic. It was pitch black. This guy is so, so lucky."
Were you on this cruise? Do you have information to share? Please leave a comment below.
Multiple news sources are reporting that two passengers died aboard a Norwegian Cruise Line ship which returned to port in Boston this morning. The passengers died separately on the ship on Thursday.
One of the passengers, a 67-year-old woman, has been removed from the vessel. State Police said that her death was not suspicious.
The second death, involving a 23-year-old man, is being investigated. His cabin is being scrutinized by crime scene investigators because of his young age and the unknown cause of his death.
Massachusetts State Police and Suffolk County detectives are investigating the deaths.
A Carnival crewmember found a dead baby in a passenger cabin this week. The child is apparently the newborn baby of a twenty year old passenger.
The disturbing discovery occurred aboard the Carnival Dream cruise ship. Carnival released a statement indicating that Dutch authorities detained the mother in St. Maarten, where the cruise ship called on Wednesday. The FBI boarded the Dream when it returned to Port Canaveral. The FBI has special maritime jurisdiction to investigate alleged crimes involving U.S. passengers in international waters.
Carnival does not permit pregnant women to cruise if their estimated gestational age on the day of disembarkation is 25 weeks or more.
There is no indication whether the baby was stillborn or died after the mother gave birth. An autopsy should provide answers.
If you have additional information about this incident, please leave a comment below.
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:
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 . . .
The Italian newspaper Corriere della Sera contains an interesting update today on the mysterious disappearance of a young Italian chef from a Princess Cruises cruise ship in November 2009.
The story involves Angelo Faliva, a chef from Cremona Italy who was employed by Princess Cruises aboard the Coral Princess. Mr. Faliva was last seen working in the Sabatini's restaurant on November 25, 2009. Although his work shift did not end until 10:00 PM, and he essentially disappeared around 8:15 PM, no one sounded an alarm until the following day.
The cruise ship was heading toward Cartagena, Columbia while some 2,000 passengers enjoyed their dinners and the entertainment during the evening of Mr. Faliva's disappearance. What happened to this outgoing young man?
The Italian article, "The Mystery of the Chef who Disappeared on a Cruise," touches upon some of the theories which we have discussed in prior articles. Did Mr. Faliva observe something he should not have, such as drug trafficking? Certainly there is nothing about this handsome out-going man to suggest that suicide is a reasonable explanation.
The article contains some new information, such as someone logging on to Mr. Faliva's laptop after his disappearance and downloading files, printing documents and deleting e-mails. There is also a reference to a hotel in Cartagena - Capilla del Mar - which was hand written inside of Mr. Faliva's chef hat. This is the same hotel referenced in online research performed on Mr. Faliva's computer on the day he disappeared.
It is now going on two years since Mr. Faliva was last seen on the Coral Princess. There are hundreds of closed circuit television cameras on this cruise ship. Indeed Princess is well known for its fleet-wide bridge cams and wedding cams where you can watch passengers get married on the cruise ships with remarkable clarity from the comfort of your home computer. But when someone goes into the water? Like other cruise lines, Princess seems to always have problems with its CCTV cameras when someone involuntarily goes over the rails.
The article mentions that Mr. Faliva's younger sister, Chiara, is the only person genuinely motivated to search for answers. The official "investigation" is the responsibility of Bermuda where Princess flags its cruise ships to avoid U.S. taxes and labor and safety laws. As other families have learned dealing with foreign flagged cruise ships, the "investigation" by the flag state into shipboard crimes and disappearances is a low priority. The cruise line is indifferent.
As the article explains, Mr. Faliva's story is " . . . segnata dall’incompetenza degli investigatori, l’insensibilità della compagnia di navigazione . . ."
Some crewmembers must have information about Mr. Faliva. if you know something, please leave a tip at lawinfo@cruiselaw.com.
You can read other articles about Mr. Faliva here.
Four days ago, I wrote about the absurdity of Bermuda sending in customs agents with sniffer dogs onto cruise ships to conduct lawless searches for pot while the cruise passengers are vacationing ashore. Bermuda engages in warrant-less random searches of unoccupied cabins, without any semblance of probable cause, and will even instruct the cruise line employees to open up locked safes when the passengers are ashore to search for a few marijuana cigarettes.
Why? U.S. passengers are easy marks. No American charged with possession of a couple of joints will risk spending a couple of months when they can spend a couple of thousands of dollars and go home.
Well, here we go again. Bermnews reports today that yesterday a 62 year old retired U.S. physician from New Jersey was arrested for possessing 8 grams of cannabis after Bermuda customs conducted a random and warrant-less search of the Norwegian Gem. Magistrate Wolffe fined the passenger $2,000 to be paid immediately or the retired doctor would go to jail.
The fact that the passenger had no intention of taking the pot ashore, or that the pot was for his personal use locked in a safe, were was of no concern for the judicial system in Bermuda.
Even the local citizens in Bermuda have figured out this is a scam. Consider these comments to the newspaper article in Bermuda:
"I can’t believe these customs officers are searching unoccupied cabins!!! This is nuts, crazy and stupid! We are losing tourists left right and center with these unethical searches. Stop it you idiots! Go find the heroin and crack!
Good work! We managed to wait in ambush for a 62 year old retiree and take him down for possession of a little bit of ganja! God knows that old geezer was a serious threat to our very existence out here in the Atlantic Ocean! Luckily we caught him before he had the chance to strike up another spliff, because the very foundation of our society would surely have crumbled! Guess who we’ll never see in Bermuda? Anyone who knows Mr.Reisen. They’ll go to some other island.
Very well put! a tourist wanting to smoke on vacation, heaven forbid they get the munchies and actually spend money in a Bermuda restaurant.
Once again an example of the colossal waste of time that is this island’s current drug policy. Instead of devoting resources to tracking down gangbangers who are shooting it out in broad daylight we choose to instead employ a highly trained canine unit to search every cruise ship in order to invariably uncover marginal amounts of weed, wait around for hours until the master criminal returns, arrest them, then send the few grams of weed to a technician to be examined, then employ a team of prosecutors and a judge to waste valuable court time so that we can levy a fine on a 62 year old tourist. Bravo.
Again, no witness, no injured party . . . Please Bermuda-stop the madness . . ."
October 12 2011 Update: Senior Magistrate Warner, who has raised the issue whether cruise ship pot busts are legal, "described it as “vexing” and “embarrassing” that tourists are charged for having small quantities of cannabis." The magistrate made these comments as he sentenced a 28 year old crewmember from Royal Caribbean's Explorer of the Seas a 12-month conditional discharge for possessing 5g of pot.
Multiple sources are reporting that a U.S. passenger fell from an upper balcony to his death while cruising aboard the Celebrity Equinox in the Mediterranean Sea.
The incident occurred on September 26th while the Equinox was sailing toward the port of Kusadasi Turkey.
I first learned of the incident today while reading cruise expert Professor Ross Klein's blog, which contains an account from a cruise passenger that: " . . . a man of age 25ish jumped from the 11th floor and died. Do you know any thing about this as it has been kept very much in the dark as we were on the side of the ship from where he jumped. Some say he had a disagreement with his girlfriend and some say he was sleep walking.
The account states that the passenger " . . . hit the life boat metal rigging gear, it took about 30 mins to get to him but was dead at the scene."
A newspaper in Turkey states that the passenger was allegedly sleepwalking when he went overboard around 3:00 AM. The cruise ship then arrived in Kusadasi around 8:00 AM. After an investigation by Turkish police, the cruise ship sailed on to Rhodes Greece as part of its regular itinerary.
CBC News Canada is reporting that a 75 year-old passenger from the Holland America Line MS Maasdam was reported missing by his wife shortly after 8 AM. yesterday after the HAL cruise ship docked in Charlottetown, Canada.
The Maasdam left from Montreal on Saturday on a seven-day cruise,
The newspaper states that the vessel's crew conducted a shipwide search but could not locate the passenger on the cruise ship. The Canadian Coast Guard searched the cruise ship's route but could not locate the man.
According to the newspaper, a lobster fisherman found a body around 8:30 AM. in the Northumberland Strait near western Prince Edward Island.
The cruise line confirmed that the body was that of a passenger from the cruise ship, although the Canadian police have not yet confirmed that the body was the missing passenger. An autopsy has been requested.
If you have information about this latest cruise overboard, please leave a message below.
October 5, 2011 Update:
The CBC News identifies the deceased passenger as William Cureton, age 75, of Port Dover, Ontario.
The Royal Gazette reports on Bermuda busting yet another U.S. cruise ship passenger for possessing a small amount of pot for personal use.
This incident yesterday occurred when Bermuda customs officers brought their sniffer dogs aboard the Norwegian Dawn and busted a Massachusetts passenger for 8 grams of cannabis which was located in a safe in the passenger's cabin.
Bermuda customs officials arrested the NCL passenger - who incidentally was on this three year anniversary with his wife - and hauled him in front of a local criminal magistrate who fined him $2,000.
Drug sniffer dogs + small amounts of pot + quick fines for U.S. passengers = big business in Bermuda. Doesn't seem to be anything called probable cause or an arrest warrant on this rocky island in the middle of the Atlantic.
Cruise ships are a major source of drug trafficking in Bermuda. Consider this Bermuda facebook page information:
"Illegal Substances and Drug Trafficking: Crews of cruise ships and drug couriers are the major importers. There is a zero tolerance policy in Bermuda; penalties for not complying are very harsh in Bermuda for even the smallest amount (Forbes, 2011)."
Also consider the following articles in the last year:
Stay tuned. Bermuda busts cruise passengers it seems almost weekly.
But if a passenger or crew is raped or disappears on a Bermuda flagged cruise ship, Bermuda will never do anything. It is too busy grabbing the easy money by busting Americans with a few joints stashed away in a safe in the cruise ship cabin.
Mike and Ann Coriam appeared on CNN International yesterday to discuss the "disappearance" of their daughter, Rebecca Coriam, from the Disney Wonder cruise ship. Ms. Coriam worked as a youth counselor aboard the Wonder and went missing six months ago while the cruise ship was sailing a Los Angeles - Mexico itinerary.
The Coriam family are campaigning for greater accountability of the foreign flag cruise industry. Because Disney chose to flag its cruise ship in the Bahamas, only one police officer in Nassau is responsible for investigating Rebecca's disappearance.
The Coriam family thanked Victim Support UK which has been providing assistance and emotional support for the family in this time of crisis. They also thanked Ken Carver, President of the International Cruise Victims, who lost his daughter from the Celebrity Mercury cruise ship seven years ago, for his "lots of support and help."
Do you know what happened to Rebecca? Please contact her family:
The Southern Daily Echo newspaper in Southampton England is reporting that the Celebrity Eclipse cruise ship was delayed for “enhanced sanitation” after dozens of passengers returning to Southampton from a 11 night eastern Mediterranean cruise had been struck down by norovirus.
Sick passengers disembarking the cruise ship at the city's terminal reported seeing “people walking around in Ghostbusters suits” ready to disinfect the vessel and the terminal.
Cruise ship norovirus cases often take several sailings before the virus runs its course. Perhaps the Eclipse needs a major cleaning and spray down. But "enhanced cleaning" may or may not help, depending on whether the virus is passed hand-to-hand between crew and passengers or passenger to passenger - or is contained in contaminated food or water.
If you were on the Eclipse, please leave a comment below about how the cruise line handled the situation. We would be interested in hearing from passengers on the ship now whether additional passengers have been sickened or whether everyone is well and enjoying the cruise.
A reader of Cruise Law News has informed me that CNN's iReport contains a message seeking help from a crewmember aboard the Gemini cruise ship operated by the now defunct cruise line "Happy Cruises."
Happy Cruises is a Spanish cruise company which abruptly ceased operations on September 24th. When cruise lines suddenly stop operations due to financial problems, the crewmembers are often treated poorly and sometimes abandoned.
In this case, crewmember Rooy Eduardo Deceno Velásquez, a 32 year old cruise ship restaurant worker from Trujillano, Peru, left a message on CNN's iReport. He is crying for help, stating that the crew has been deceived and about to be abandoned in Gibraltar without pay. The message is in Spanish and is translated roughly as follows:
DEAR CNN.
The reason I'm writing is because we need you to help us, they are holding us hostage, against our will, owing us over four months worth of paychecks, with deceit we were first told that we would cruise from Malaga to Barcelona but then we weren't allowed to get off in Malaga.
We left for Barcelona and were told we would arrive on Tuesday, but then the captain said we would arrive to Gibraltar on Wednesday 8am. Now we're being told it will be on Thursday at noon.
This is the Happy Cruises Gemini, we're near the Gibraltar strait. Besides, today we were given the sign off sheet and they put "vacations". Many of us don't want to sign it. Please, we need help urgently, we don't know what to do and feel unprotected. They won't even let us call our families, we're being held against our will.
And try to contact the "ITF" PLEASE, WE'RE BEGGING YOU, HELP US. I'M AWAITING YOUR ANSWER, PLEASE COME...WE'LL BE IN GIBRALTAR ON THURSDAY, OR MAYBE THEY'LL KEEP DECEIVING US, WE DON'T KNOW UNTIL WHEN, THERE'S SICK PEOPLE ON BOARD AND THEY DON'T WANT TO DO ANYTHING..
The link to the message is here and can be listened to below:
A newspaper in Peru also has an article about the incident which can be read here.
Do you have information, photos or video about the incident to share? Please leave a comment below.
September 30, 2011 Update:
The El Comercio newspaper in Peru is reporting that another Peruvian crewmember wrote to her sister 3 days ago stating that the crew has not been fed and that there was a big brawl aboard the cruise ship.
Cruise Law News received comments from unidentified individuals who claim to be crewmembers (see below) or family member of the crew who dispute that there are any problems on the ship.
October 1, 2011 Update:
International Shipping Partners (ISP) here in Miami is the administrative manager of Jewel Owner Ltd., which is the owner of the cruise ship. ISP is the commercial and technical manager of the vessel. ISP has made no statements about this dilemma other than stating the Gemini is "available for immediate sale or charter."
October 2, 2011 Update:
The Spanish newspaper Provincia reports that on Friday the Gemini dropped anchor in the eastern port of Gibraltar by the Ocean Pearl in hopes that the company pay the crew's wages and repatriate them. Yesterday, the vessels docked in the passenger area of ​​the port of Gibraltar
Does anyone have photos or video of the conditions on the cruise ship?
Yesterday, I discussed the case of Jane Doe v. Princess Cruises, where the Eleventh Circuit Court of Appeal addressed the issue whether a raped crewmember can pursue a case before a U.S. jury. Or does she have to appear before an arbitrator in Bermuda where California-based cruise line Princess Cruises flags its cruise ships?
Cases like this raise all type of issues.
The first issue, perhaps, is how can a country like Bermuda which did not bother to send an investigator to the Star Princess to arrest the assailant crewmember after raping a young woman on the Bermuda flagged cruise ship be an appropriate forum for the victim to seek justice?
But the Eleventh Circuit was charged with deciding a narrow legal issue: did the ten legal causes of action asserted against Princess Cruises fall within the arbitration language the cruise line inserted into the crewmember's employment contract?
Or did the bad conduct alleged against Princess fall outside of the parameters of arbitration? The issue of justice was not on the table.
However, the Eleventh Circuit nonetheless departed from the issue before it and could not help but to address the fundamental issue whether women are safe on cruise ships. It stated and I quote:
"Unfortunately, if congressional reports are to be believed, sexual assaults and other violent crimes on cruise ships are a serious problem." (emphasis added)
Quite frankly, I have never seen an appellate court depart from the legal issue before it. I have never seen an appellate court give "advisory opinions" or social commentary like this.
The Court was obviously displeased with the facts alleged in the case and, like the appellate panel stated at oral argument on this case, raised the basic question whether cruising is safe or whether crimes against women on cruise ship go un-prosecuted. Here is the language of the Court:
The House Subcommittee on Coast Guard and Maritime Transportation Staff has reported that:
At a hearing in March 2006 convened by the Committee on Government Reform, cruise industry executives testified that 178 passengers on North American cruises reported being sexually assaulted between 2003 and 2005. During that same period, 24 people were reported missing and four others reported being robbed.
Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 2 (2007). From fiscal year 2000 through June 2005, the FBI opened 305 case files involving “crime on the high seas,” and during those five years about 45% of those cases were sexual assaults that occurred on cruise ships. International Maritime Security: Joint Hearing Before the Subcomm. on Nat’l Sec., Emerging Threats, and Int’l Relations and the Subcomm. on Crim. Justice, Drug Policy, and Human Res. of the H. Comm. on Gov’t Reform, 109th Cong. 8 (2005) (statement of Rep.Souder, Chairman of the Subcomm. on Crim. Justice, Drug Policy, and Human Res., Member, H. Comm. on Gov’t Reform).
Salvador Hernandez, Deputy Assistant Director of the FBI, testified before Congress in 2007 about sexual and other physical assaults that have taken place on cruise ships: “Sexual assault and physical assaults on cruise ships were the leading crime reported to and investigated by the FBI on the high seas over the last five years, 55 percent and 22 percent respectively . . . . Employees were identified as suspects in 37 percent of the cases, and 65 percent of those employees were not U.S. citizens.” Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 12 (2007) (statement of Hernandez, Deputy Assistant Director of the FBI).
Salvador Hernandez, Deputy Assistant Director of the FBI, testified before Congress in 2007 that the majority of cruise ship sexual assault cases are not prosecuted. Crimes Against Americans on Cruise Ships: Hearing Before the Subcomm. on Coast Guard and Mar. Transp. of the H. Comm. on Transp. and Infrastructure, 110th Cong. 12 (2007) (statement of Hernandez, Deputy Assistant Director of the FBI). (emphasis added)
When appellate courts offer commentary about the "serious problem" of rapes and violent crimes on cruise ships based on data provided to Congress by the FBI, the cruise industry may consider implementing changes to their shipboard procedures to making cruising safer for women.
Photo credit: Star Princess cruise ship, Seattle Washington - Jim Walker
In the past month, I have written about the progression of federal court cases which have chipped away at the rights of foreign crewmembers, who are the backbone of the U.S. based cruise industry.
The cases of Lindo v. NCL (Bahamas) Ltd. and Henriquez v. NCL showed that the Eleventh Circuit would not hesitate to affirm the dismissal of the claims filed on behalf of NCL crewmembers in the U.S. courts here in Miami, leaving the seriously injured seamen to seek compensation in foreign countries applying foreign law.
On Friday, the Eleventh Circuit decided the case of Jane Doe v. Princess Cruises. The Court addressed the issue whether a Princess crewmember raped on the M/S Star Princess cruise ship would be sent from the U.S. to face uncertain justice before an arbitrator in a country selected by the cruise line, or whether she could try her case here in Miami before a jury.
According to the opinion which you can read here, the facts allegedly "tell a story of a woman, working for Princess Cruise Lines on one of its ships, who was drugged by other employees, raped and physically injured while she was unconscious, and when she reported to officials of the cruise line what had happened to her they treated her with indifference and even hostility, failed to provide her with proper medical treatment on board, and interfered with her attempts to obtain counseling and medical treatment ashore."
We represent Jane Doe (whose name is being protected to protect her confidentiality).
Princess Cruises is represented by Miami cruise defense lawyer Jeffrey Maltzman.
The complaint that we filed on her behalf alleged ten (10) causes of action:
As described by the Eleventh Circuit, the ten claims are:
(1) a “Jones Act negligence” claim, alleging that Princess Cruise Lines breached its “duty to provide a safe place to work such that [Doe] could perform the job obligations in a reasonably safe manner and live aboard the vessel free from sexual violence and/or sexual harassment”;
(2) an unseaworthiness claim, alleging that the cruise line breached its “non-delegable duty to provide [Doe] with a seaworthy vessel upon which to work and live free from sexual battery and/or sexual harassment”; (3) a Jones Act claim, alleging that the cruise line breached its duty under that act to provide Doe with prompt, adequate, and complete medical treatment for “injuries sustained while in the service of the vessel”;
(4) a maintenance and cure claim, alleging that the cruise line “purposefully refused to arrange for and pay [for] timely and complete medical cure” despite its obligation to do so under “the General Maritime Law”;
(5) a Seaman’s Wage Act claim that the cruise line breached its “duty to timely pay all of [Doe’s] wages as a seaman;”
(6) a false imprisonment claim, alleging that the cruise line had “purposefully and intentionally restrained [Doe] against her will on the cruise ship and did not permit her to leave the cruise ship to go ashore for medical treatment” in Seattle;
(7) an intentional infliction of emotional distress claim, alleging “separate and independent torts committed by” the cruise line, its agents, and its employees related to Doe’s rape and the way that they handled the situation and treated her after learning of the rape;
(8) a spoliation of evidence claim, alleging that the cruise line breached its duty to preserve evidence after one of its crew members sexually assaulted and battered Doe;
(9) an invasion of privacy claim, alleging that the cruise line, though its agents, breached its duty to protect Doe’s confidentiality and privacy as a rape victim by repeatedly disclosing her real name in an effort to intimidate and embarrass her; and
(10) a fraudulent misrepresentation claim, alleging that officers of the cruise line who were on the ship repeatedly and falsely told Doe after she had been drugged and raped that she could not disembark the ship to obtain medical treatment and counseling by doctors of her own choosing.
The Court held that the first five causes of action fall within the language of the arbitration agreement. The trial court will then consider the cases of Lindo, Henriquez and Thomas to determine whether these first five causes of action should be sent to Bermuda to be arbitrated and what law should apply. However, the Court held that the last five causes of action, which involved post-rape conduct alleged against the cruise line, did not arise of of Jane Doe's employment and therefore are not subject to arbitration. The last five legal theories alleged against the cruise line will be heading toward a jury trial here in Miami.
This case should be of continuing interest to maritime lawyers representing crewmembers working for cruise lines which insert arbitration agreements in their employment contracts.
A local television station in Galveston, Texas is reporting that a 39 year old passenger is missing after going overboard from the Carnival Conquest after the cruise ship left Cozumel, Mexico.
The incident occurred Friday evening.
ABC affiliate Channel 13 Eyewitness News' article states that "according to a statement from Carnival Conquest, a 39-year-old male was seen jumping overboard around 6:30pm Friday while the ship was in the Gulf of Mexico, shortly after departing Cozumel."
This statement likely indicates that other passengers observed the passenger go overboard and/or ship personnel observed him jump overboard.
The article indicates that the cruise ship returned to the location where the passenger was seen going overboard in order to conduct search and rescue operations.
Mexican vessels apparently were also in the search efforts.
The Carnival Conquest is returning to Galveston today.
This cruise ship has had passengers go overboard in the past. In October 2006, a 48 year old woman apparently committed suicide by jumping from an upper deck. You can read about that incident here. Cruise expert Professor Ross Klein's website mentions another incident in November 2006 when a 42 year old passenger fell/jumped from his cabin and was not found.
Professor Klein's website lists 167 incidents (not including this one) where passengers and crew have gone overboard from cruise ships in the last 10 years.
Were you on the cruise? Do you have information, or photos or video of the rescue attempts, to share? Please leave a comment below.
September 24, 2011 Update:
The passenger has been identified as Clint Wayne Markham of Forney, Texas.
The Carnival cruise ship captain, Antonio Sammartano, sent a letter to the passengers stating:
“We’re sorry to say that at this time, the missing guest has not been located. However, the Mexican navy remains on site and continues with the search. We continue to provide support to his family and friends during this difficult time. We ask that you please continue to join us in keeping them in your thoughts and prayers."
A Fox News station in Dallas has accounts from friends and family of Mr. Markham that he was a fine son, father and husband and that he would not have voluntarily gone overboard. He apparently sailed on cruises every year to celebrate his birthday. He would have been 40 years old today.
Bernews reports that Bermuda Customs officials boarded the Norwegian Gem yesterday and search an unoccupied passenger cabin and seized 6 grams of pot.
Magistrate Archie Warner, who we have blogged about before, fined the American cruise passenger $1,000 or 90 days prison if the fine was not paid immediately.
6 grams is less than a 1/4 ounce of pot. Something like 6 - 7 marijuana cigarettes.
Bermuda loves busting Americans for small amounts of pot, even though the pot is in a locked cabin on the cruise ship and the passenger has no intention of taking it ashore. Probable cause? A warrant? Apparently not necessary in Bermuda, at least not for cruise ships.
Fining cruise passengers $1,000 to $3,000 is a major source of revenue for the island. No U.S. passenger is going to sit in a jail for three months. The customs officials and judges in Bermuda know it. It's easy money. Wait for the passengers to go ashore and then take the sniffer dogs from cabin to cabin when no one is there,
Last month I blogged about Magistrate Warner raising his eyebrows at these type of random, warrant-less searches. He complained at a court hearing that it was only a matter of time before a victim of such an illegal search sued the customs officials and prosecutors for such conduct. His concern for due process seems to be a temporary thought.
Click on our "Drugs" category to the left. You will see that most drug seizures are in Bermuda and involve tiny amount of marijuana for personal use. We have written lots of articles like this, including:
If you sail to Bermuda, you are free to drink like a fish on the cruise ship or in the bars ashore. But if you sneak a little reefer on board, be prepared to be shaken down by the officials in Bermuda.
The article discusses the cases of "missing' passengers and crew from cruise ships and the lackluster efforts of the cruise lines and foreign flagged investigations which are doomed to failure.
If you are interested in learning about missing passengers and crewmembers like Rebecca Coriam who "disappeared" from the Disney Wonder cruise ship, please read this article.
The article refers to ". . . one well-known cruise line, Royal Caribbean International, receiving more than 450 sexual abuse complaints during an eight year period."
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.
There 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'
Cruise ship issues in Europe dominated the world of cruise news this week.
An explosion in the engine room of the Nordlys cruise ship, operated by Hurtigruten, resulted in a fire and the evacuation of the ship off of Norway. Half of the 200 or so passengers were evacuated in lifeboats and the other half got off the cruise ship when the vessel was towed to port. All passengers were safe but unfortunately two 2 crewmembers died and many were injured.
Whenever a cruise ship explodes or catches on fire, there is always a cruise / travel columnist who feels compelled to publish an article insisting that such cruise calamities are rare. This time it was Jane Archer, a cruise fan and columnist who writes for the Telegraph Travel. Her puff piece article Hurtigruten Fire: How Safe is Your Cruise? claims that "incidents like this are few and far between."
The problem with this claim is that just last year an engine room fire caused the evacuation of over 600 passengers and crew in Norwegian waters.
That incident involved the German cruise ship Deutschland. And just last November a cruise ferry, the Pearl of Scandinavia, erupted in fire off of Norway while filled with cars and passengers (photo left).
The other big development in Europe involved the parents of missing Disney Cruises youth counselor Rebecca Coriam meeting with the U.K. Shipping Minister to discuss enacting legislation to permit the U.K. to become involved in the investigation when British citizens disappear on foreign flagged cruise ship around the world. Mike and Ann Coriam of Chester England are understandably upset with the lack of information from the cruise line and the single policeman from the Bahamas who is charged with investigating the disappearance.
While the Coriam family was working to make cruising safer for the U.K. public, another cruise passenger disappeared from the Fred Olsen Balmoral cruise ship. Last year, the Balmoral was dubbed the "Cursed Cruise Ship of the High Seas" following a series of norovirus bouts which sickened hundred of passengers and crew. We reported on the unexplained disappearance of another passenger from the Balmoral last year. The Balmoral also narrowly averted disaster when it was attacked by pirates last year.
On a lighter personal note, the season finally started for my younger son's JV football team. Gulliver was trounced by rival Belen Jesuit, but my son got to play running back, split end and corner back. He ran across the field and got a big hit on Belen's running back at the one yard line to save the touchdown. Watch the play to the end!
The Associated Press is reporting that a fire on the M/S Nordlys cruise shipthis morningkilled two people and injured at least nine others while operating on a popular route along Norway's coast.
The AP reports that nine people were taken to the hospital, two with serious burns and smoke injuries. Eight of those injured and sent to the hospital were crew members. Mail Online reports that 16 people were injured and two additional people (probably crewmembers) are missing.
The fire broke out in the engine room.
The Nordlys, operated by Hurtigruten, reportedly had over 200 passengers on board at the time of the fire. 100 passengers were evacuated by lifeboats before the cruise ship reached port in Alesund, which is 230 miles northwest of Oslo. The cruise ship was then escorted into port where the remainder of the passengers were evacuated.
The cruise line has an information link on its website which can be viewed here. The only information posted is as follows:
"Following a fire on board the MS Nordlys all guests have been safely evacuated to the Rica Parken Hotel in Ålesund. There were 207 guests on board of varying nationalities and 55 crew. Relatives hotline: +47 47 83 47 00."
If this information is correct, all of the injuries and deaths involved crewmembers.
The last engine room fire on a cruise ship occurred last year on the Carnival Splendor, resulting the stranding of over 3,000 passengers and over 1,000 crewmembers.
Last year, an engine room fire caused the evacuation of over 600 passengers and crew in Norwegian waters. That incident involved the German cruise ship Deutschland.
After the Nordlys reached port the ship continued to burn, as show in the video below.
Mail Online in the U.K. is reporting on the disappearance of what is described as an "elderly" passenger who was traveling alone on the Balmoral cruise ship operated by Fred Olsen Lines.
The story made the news when the cruise ship returned to the port of Southampton after an eight day cruise in the Norwegian fjords. Around 1,000 passengers were detained on the cruise ship while authorities showed photographs of the missing passenger and questioned them whether they had any knowledge about the passenger.
The detaining of passengers is somewhat unusual because most cruise lines and investigating agencies let the passengers disembark without ever questioning them.
The newspaper article indicated that the passenger was in his late 70's or early 80's and also referenced a "note which was discovered by a cabin stewardess."
The passenger was apparently last seen around 9:00 PM on Sunday night, and was discovered missing yesterday morning.
Does the presence of a "note" and the fact that the passenger was elderly suggest that he committed suicide? I don't know. What is the height of the rails? Was he over-served alcohol? Where are the CCTV images if the passenger went overboard, voluntarily or involuntarily?
We reported on the disappearance of an eighty year old passenger last year from the Balmoral, without explanation. Did the cruise line improve its CCTV capacities following that incident?
This incident occurred as the parents of missing Disney Cruise youth counselor Rebecca Coriam appealed to the U.K. Shipping Minister to introduce tougher laws to protect British citizens from crimes at sea, as we mentioned in an article yesterday.
Last year, the Balmoral was dubbed the "Cursed Cruise Ship of the High Seas" following a series of norovirus bouts which sickened hundred of passengers and crew. The Balmoral also narrowly averted disaster when it was attacked by pirates last year.
Courthouse News has published a copy of the lawsuit our firm filed against Celebrity Cruises following the alleged rape of an unconscious female crewmember aboard the Celebrity Equinox. You can read the allegations in the lawsuit here.
According to the lawsuit papers, in October 2010, a crewmember employed as an assistant sales clerk working for a perfume concessionaire aboard the Celebrity Equinox, was raped on the cruise ship in the early morning hours after leaving the crew bar. "Jane Doe" awoke to find another crewmember sexually assaulting her.
She reported the incident to her supervisors and was examined and treated in the ship infirmary. Police in the next port of call in Israel interviewed her, and the assailant crew member was eventually terminated and sent home. Like most cruise ship sexual assault allegations, the assailant crew member was not arrested and there was no criminal prosecution.
The ship doctor did not administer any anti-retroviral medications to Jane Doe. She was permitted four days off from work and thereafter returned to full time duty. Neither Celebrity Cruises not her employer, Harding Brothers which operates the perfume concession, provided her with a psychiatrist, psychologist or counselor despite her many requests for help dealing with the trauma.
Jane Doe ended her employment on the cruise ship in February 2011. Jane Doe is from South Africa. She is unemployed. Neither Celebrity nor Harding Brothers have provided her with any medical treatment or assistance after she left the cruise ship as required by the doctrine of "maintenance and cure."
Celebrity and its parent company Royal Caribbean have known about the high rate of sexual assaults on cruise ships for over a decade.
In 1999, Royal Caribbean hired two top notch firms to study the problem of sexual assaults on the Royal Caribbean and Celebrity fleet of cruise ships. The cruise line retained a consulting firm called "Sheridan, Swailes" to study the company's security systems. Royal Caribbean also retained a nationally recognized expert on sexual harassment issues, Dr. Kay Krohne, who previously was a commanding officer at the Naval Training Station in San Diego.
After conducting an extensive analysis of the Royal Caribbean / Celebrity fleet, these experts concluded that sexual misconduct occurred "frequently" during cruises. They attributed this problem to the fact that most crew members were not afraid of being arrested, much less convicted. Dr. Krohne reported that the worst thing that could happen to a crew member who committed a crime on a Royal Caribbean or Celebrity cruise ship was to be sent on a one way flight home.
Last summer, we reported on a similar sexual assault allegation involving a crewmember from South Africa. "Taryn" was employed as a beauty therapist on a Royal Caribbean cruise ship. Another crewmember employed as a fitness instructor allegedly raped her. The cruise line reportedly sent her home after reporting the incident and refused to provide her with medical treatment or living expenses as required by the maritime law. Her assailant was not prosecuted.
Women on cruise ships need to be aware of the danger of rape, especially after drinking alcohol. Crewmembers should also know that if they are sexually assaulted on a cruise ship, they entitled to treatment with psychiatrists and counselors until they reach their maximum medical improvement.
Photo credit:
Celebrity Equinox in Haifa Port, Israel - Wikipedia (Shlomiliss)
Every so often we receive an email or telephone call from someone asking why cruise ships can't sail from one U.S. port to another.
The reason is because there is a Federal law which prohibits foreign flagged ships from coastwise trade between U.S. ports. Only U.S. flagged ship can do that. The thought at one time was that such a law would promote U.S. shipping by providing preferential treatment of US vessels over "foreign" vessels.
The law in question is the Merchant Marine Act of 1920. This is a U.S. Federal statute which regulates maritime commerce in U.S. waters and between U.S. ports. Section 27, known as the Jones Act, deals with the concept of "cabotage" (coastal shipping). The law requires that all goods transported by water between U.S. ports be carried in U.S.-flag ships, constructed in the United States, owned by U.S. citizens, and crewed by U.S. citizens.
This is why you don't see a cruise ship sailing from New Orleans to Galveston and letting off passengers (for example). The reality today of course is that virtually all cruise ships are foreign flagged in order to avoid US taxes and occupational laws. So the entire US based cruise fleet can't sail from one US port to another.
Critics of the law argue that the law increases the costs of shipping good between U.S. ports. U.S. shipbuilders are also substantially higher than vessels constructed overseas. As a result, U.S. shipyards now build only 1 percent of the world's large commercial vessels.
There is now a bill which has been introduced to amend the law to allow foreign-flag cruise ships to operate in the coastwise trade of the United States. It was introduced by Representative Blake Farenthold (R-TX) and co-sponsored by Ron Paul. Representative Farenhold believes that opening up coastal trade to all cruise ships will result in more cruise ships sailing from one US port to another and the US and Texas would benefit economically.
However, U.S. shipbuilders and companies engaged in coastwise trade are opposed to amending the law. A recent controversy regarding shipping crude oil from the Strategic Petroleum Reserve reveals that the new bills will face strong opposition.
The Boston Herald published an article discussing the Obama administration's decision to waive the requirements of the Jones Act against foreign flagged ships regarding the transportation of oil from one U.S. port to another. The Jones Act cabotage requirements prohibit shipments from reserve holdings on the Louisiana and Texas coasts to East Coast refineries.
Buyers of the oil wanted to use large tankers to transport the 30 million barrels being sold, because they are larger and cheaper than most U.S. coastwise vessels and barges. However, there are only nine large tankers flying the U.S. flag, all of which sail from Alaska to California. The administration let the buyers use foreign ships for 46 out of 47 shipments.
This caused American shipping companies to become "understandably furious," according to the Boston Herald which calls from the repeal of the Jones Act. "The Jones Act is a smelly piece of protectionism that should have been repealed 50 years ago," says the Herald.
My prediction is that the bill will not make it out of committee.
Even changing the Jones Act will not significantly affect the cruise industry, which will continue to buy foreign ships, fly foreign flags, and hire foreign employees to save money.
Yesterday, Paul Motter's popular online cruise community "Cruisemates" published an interesting article entitled "Mainstream Media Stupidity over Cruising." The article is about the weird and sad story of an irate and perhaps drunk father throwing his 7 year old son overboard during a cruise around a harbor in Southern California on a sight-seeing boat.
Cruisemates was upset that most of the stories carried headlines that the incident occurred aboard a "cruise ship" as opposed to a tour boat.
I was initially sympathetic to Cruisemates' plight. Most media reports characterized the tour boat as a "cruise ship" when in fact the overboard incident occurred on a little 100 passenger tub cruising around the harbor.
I was one of the first to blog and tweet about the bizarre story about the dad who pitched his crying 7 year old son over the rails and into the water (the child was rescued and is physically okay). I was careful not to label it as a "cruise ship" incident. And I also offered my perspective that I have never heard of a child ever being thrown from a cruise ship, or any other type ship, for that matter.
But Cruisemates then went overboard in its defense of the cruise industry. Passenger safety is a touchy issues for Cruisemates. When the cruise lines were under siege in a series of U.S. Congressional hearings over the past many years inquiring into the disappearance of passengers on cruise ships, Cruisemates was on the front line defending the cruise industry in the media. Every single overboard incident, according to Cruisemates, was a suicide or due to drunken recklessness.
Cruisemates's unequivocal defense of the cruise industry has been unwavering, but has left it blind as a bat. Cruisemates writes yesterday:
"There is absolutely NO documented crime where a person, dead or alive, was ever thrown off of a cruise ship, and I expect the news media to know and respect that fact."
The family of Karen W. Roston may tend to disagree with this statement.
Ms. Roston was 26 years old when she went overboard on the last night of her honeymoon cruise from the Sundancer cruise ship operated by Admiral Cruises of Miami. Her husband, Scott Roston (photo right), claimed that high winds blew her overboard as she ran on the jogging track on an upper deck. But evidence introduced at his criminal trial indicated that the winds were just 4 - 5 mph.
An article in the LA Times explained that investigating FBI agents found Ms. Roston's hair embedded in the rubberized jogging track along with a broken earring matching one she was wearing in a photograph taken at a shipboard dinner. Mr. Roston was observed with scratches on his face after her disappearance. A medical examiner concluded from an autopsy that Ms. Roston had been strangled. Mr. Roston was tried for murder. The prosecutor stated "she was strangled and then thrown overboard . . . "
A jury convicted Mr. Roston of murder. An appellate court affirmed his conviction in the case of United States v. Roston, 986 F.2d 1287 (9th Cir. 1992). In affirming the murder conviction, the court noted:
Here, there was evidence of a substantial struggle. Parts of the decedent's earrings and remnants of her hair were found on the deck 11 1/2 feet from the railing where she went overboard. The injury to her forehead was consistent with the prosecution's theory that her head had been smashed against the deck of the ship. The hemorrhaging and bone warping in her neck indicated she had been strangled. The cumulative effect of this evidence suggests that the decedent's assailant, over the course of a fairly prolonged struggle, intended to kill her. Moreover, the killing process continued beyond the struggle and strangling. The decedent was not dead, but only unconscious when she was pushed or thrown into the ocean.
Cruisemates' claim that there is no documented crime where a person was thrown off of a cruise ship is false. Its claim is disrespectful to the families of loved ones like Ms. Roston, and others thrown overboard from cruise ships.
Multiple news sources are reporting that a passenger threw his 7 year old son overboard from the Pavillion Queen, which is being referred to as either a cruise ship or sight seeing boat.
The incident occurred yesterday afternoon, when Sloane Briles, age 35, was sailing on a sight seeing cruise in Newport Harbor, California with his girlfriend and two sons, ages 7 and 6.
According to news sources, Briles began arguing with his girlfriend and struck his older boy and then threw him overboard.
NBC LA reports that the boy was pulled from the water and onto a nearby boat, according to Orange County Sheriff's spokesman Jim Amormino.
The Orange County Sheriff's Office arrested Briles for child endangerment and resisting arrest. He was released after posting bond.
Briles' facebook page indicates that Briles was in the U.S. Marine Corps for 5 years from 1995 to 2000.
This is the first time I have ever heard of a child being thrown overboard. This is why I have a section in this blog called "Weird Cruise News."
Yesterday the Bermuda Sun reported on two additional drugs busts involving both cruise passengers and crewmembers.
The Bermuda Sun reports that yet another cruise passenger was arrested with a small amount of marijuana in his cabin. This arrest involved a 48 year old US tourist who was arrested after Customs officers from Bermuda entered his cabin. The cruise passenger was present and admitted having six grams of cannabis in the cruise ship safe. Customs officers claim that they searched the cabin on the Celebrity Summit in Dockyard on August 17 after receiving an unidentified "tip-off."
Magistrate Archibald Warner, who we reported on above questioning the legality of warrant-less random searches, nonetheless fined the passenger $1,000.
The Bermuda Sun also reported that a crewmember from the Holland America Line (HAL) Veendam cruise ship was arrested on drugs charges. Crewmember Dhimas Pradiptar allegedly conspired with unidentified "others" to bring approximately 340g of cannabis to Bermuda for purposes of selling the pot.
He pleaded not guilty and was released on $15,000 bail. He is scheduled to reappear at Magistrates’ Court on November 17th.
Al.com blog reports today that a 19 year old Mississippi man pleaded guilty to sexually abusing a 13 year old girl during a Carnival cruise ship last month.
Dylan Cole Bloodsworth, 19, pleaded guilty to sexual abuse of a child during the cruise, as well as enticing another young girl to engage in sex back in Mississippi. We reported on this crime last April.
The blog states that a 13-year-old girl was taking a cruise to Mexico in March with her friend and her friend’s mother. She met Bloodsworth on March 6th near the elevators onboard the Carnival Elation cruise ship and agreed to meet him on the top deck after dinner. She later agreed to go with Bloodsworth to get a jacket from his cabin, where the sexual abuse occurred.
An affidavit filed by the FBI stated that the girl told investigators that she did not want to have sex with Bloodsworth and that he hurt her. Bloodsworth's defense lawyer disputed that force or coercion were involved. The bottom line is that the girl was too young to legally consent to sex, which is in violation of the Federal Statutes regarding sexual abuse of minors.
The blog indicates that Bloodsworth faces up to 10 years in prison on both charges.
In the last week there have been a number of articles about certain cruise lines enacting new policies to restrict smoking on their cruise ships.
Yesterday the Miami Herald published an article Cruise Lines Putting Out More "No Smoking" Signs which discussed the policies of some of the cruise lines which have new rules prohibiting smoking in cabins and other areas of the cruise ships.
None of the articles mention passenger safety. Rather the articles focus on the annoyance of passengers arriving in a cabin which had been smoked out by prior guests, or the nuisance of having to smell the smoke of cigarettes drifting into into cabins from adjacent balconies.
The article mentions a new policy by Norwegian Cruise Line ("NCL") which announced that smoking will be banned inside cabins on all of its eleven cruise ships starting in January 2012. However, NCL announced that passengers can still smoke on balconies.
Carnival also announced that smoking is permitted only in dance clubs, jazz clubs, casinos and bars, and certain parts of open decks. Like NCL, Carnival is forbidding smoking in all staterooms across its fleet of cruise ships, but it gives a green light to its passengers to smoke on balconies.
Oh, how these cruise lines forget the lessons of history.
On March 23, 2006, a passenger aboard Princess Cruises' Star Princess cruise ship smoking on a balcony flicked a cigarette overboard, thinking that it would drop innocently into the waters off of the coast of Jamaica. Instead, the burning cigarette was whipped by the winds of the cruise ship, as it proceeded at over 20 knots, into a lower balcony. It came into contact with the highly combustible furniture and partitions on a lower balcony. The cigarette smoldered, then erupted into a nightmarish fire.
Cruise passengers Richard Liffridge (photo above left) and his wife Vicky were asleep peacefully in their cabin. The plastic partitions between the balconies below them were easily combustible. The Princess cruise ship had no fire suppression systems on the balconies of the cruise ship. The fire quickly spread across hundreds of other cabin balconies and then erupted into the cruise ship cabins.
Disoriented and confused, Richard and Vicky tried to crawl out of their cabin, through the cabin hallway. They tried to hold on to one another as they tried to escape the billowing fire as they crawled, scratching across the hallway carpeting seeking safety. Fire sparked and smoke billowed over their heads.
But the smoke and fire separated them as they tried to escape.
Vicki heard Richard moan “Vicky, don’t let me die!”
Vicki searched for her husband but was overwhelmed by the smoke and fire. Richard was lost in the darkness and oppressive heat. Vicki was taken to an open deck and treated for smoke inhalation.
Vicki later identified Richard's dead body, covered in soot, resembling a chimney sweep - a far cry from the distinguished, smiling man whose photograph (top left) was taken in a smart suit and tie just the day before.
Vicki and Richard's daughter, Lynnette Hudson, and other family members retained our firm to represent them in a case against Princess Cruises. The case was highly successful, but that's not the point of this article. Rather, the surviving family members demanded that the cruise line take steps to make certain that such a catastrophe never occur again.
Princess acted quickly to replace the highly combustible balcony wall partitions and furniture on the balconies, and to install fire detectors and fire suppression systems which had never been installed on any cruise ship before.
Ms. Hudson later boarded the cruise ship with us 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 (below) pointing to the heat detectors and sprinklers. Although Princess cruise ships have been retrofitted with sprinkler systems on the cabin's balconies, not all cruise ships sailing today have such safety systems.
Vicki Liffridge and Ms. Hudson later traveled to Washington D.C. to attend a Congressional hearing into the safety of cruise passengers. They requested Congress to enact legislation to protect passengers on cruise ships.
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 . . . "
Unfortunately, many cruise lines, including Carnival (which is the parent company of Princess Cruises) and NCL have not replaced the easily combustible balcony partitions and installed fire suppression systems on the balconies.
The news today is disappointing. Carnival and NCL still permit smoking on balconies.
Why would any responsible cruise line not tell the smoke addicts that balconies are strictly off limits for lighting up a smoke?
Has Carnival and NCL learned anything in the past ten years?
Before you take your family on a cruise, ask the cruise line or your local travel agent if the cruise ship has fire suppression systems for the passenger balconies. If not, consider selecting a cruise line which does.
Eight people have been proclaimed dead and one is presumed to have drowned when a pleasure ship collided with a cargo barge. The accident occurred today in the Moscow River. There were a total of sixteen people onboard when the ship went down and only seven were rescued.
The ship, Lastochka, was registered to Russia. Its captain and owner, Gennady Zinger, had previously be fined (three times in the past year) for exceeding the passenger limitation aboard the vessel. According to Wireupdate, the vessel had several safety issues, including a broken engine and extreme overloading.Photo Credit: SeaNews
Numerous news sources are reporting that a cruise ship carrying 173 passengers and crew sank in Russia's Volga river today.
The sinking involved the Bulgaria cruise ship, which had 140 passengers and 33 crewmembers aboard.
To date, there have been reports of two confirmed dead bodies recovered and 96 people unaccounted for after the Bulgaria sank at 1358 local time (0858 GMT) in the Tatarstan region, 500 miles east of Moscow.
A helicopter and two rescue vessels are reportedly at the scene of the sinking.
According to the Mail Online, the Bulgaria sank near the village of Syukeevo in the Kansko-Ustinovsky district near the region's capital, Kazan. The Bulgaria belongs to a local tourism company and was on its way from the town of Bulgar to the regional capital, Kazan.
The ship was built in 1955 in Czechoslovakia.
July 9, 2011 Update:
Russian authorities initiated a criminal investigation into the river sinking, according to the Investigative Committee of the Russian Federation. This Russian website identified the operator of the river cruise as "Argo Rech Tours."
There are conflicting accounts of the number of people missing. The Russian website states that 169 people have been rescued, although most news accounts state that there are 80 -100 still missing.
July 10, 2011 Update:
A Russian website has heart wrenching photographs of the survivors. Updated information from Russia regarding the recovery efforts can be located here.
July 11, 2011 Update: The Rianovisti newspaper in Russia reports that although the Russian Transport Ministry stated that the vessel had passed a regular "technical inspection" on June 15th and was certified for further use, investigators discovered that the ship "had a list to starboard and its engine was broken" when it left port. It was "heavily overloaded with passengers." There now appears to have been 196 people on the cruise ship. Only 79 were rescued. The video below depicts disturbing images of some of the deceased passengers.
Photo credits:
Top: Survivors of Bulgaria sinking - Rianovisti newspaper
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.
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 Seasstopped 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.
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
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.
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 scrutiny” and 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.
The cops in Bermuda love to bust American tourists with small amounts of pot, even if the pot never leaves the cruise ship.
In April, I wrote an article about Bermudan customs officers and police who boarded a cruise ship with a drug sniffing dog and found seven homemade cigarettes in the passenger cabin's safe. The cruise passenger was fined $3,000. The newspapers in Bermuda are quick to identify the names and ages of the American tourists and photograph them, but they avoid mentioning the name of the cruise ship or cruise line, issues I talked about in my blog The Bermuda Press and the Cruise Industry - See No Evil, Hear No Evil, Speak No Evil.
In October 2009, a cruise passenger was busted for pot when a Bermudan customs sniffer dog found 12 joints of marijuana during a search of the cruise ship, while the ship was in port in St. George's. The cruise passenger pled guilty to importing drugs into Bermuda, which is difficult to understand because the joints were discovered in the passenger's luggage inside his cabin on the cruise ship.
In May of 2010, two cruise passengers were arrested by Bermudan police officers who boarded the cruise ship and searched the ladies' cabin. They found a plastic bag with 6.68 grams of cannabis. The Court in Bermuda fined them $500 each for possessing marijuana, even though it was for their personal use and they did not try to bring the reefer ashore.
Well, the Bermudan authorities have now stepped enforcement up. They have been enjoying a field day in the last month arresting Americans with small amounts of pot.
The Sun newspaper in Bermuda reports last week that a cruise passenger from a cruise ship (the newspaper chose not to mention its name) was fined $2,500 for possessing 10 grams of cannabis. Bermudan customs officers boarded the ship and found a small bag of pot and partially smoked cigarettes.
Arguing to a court in Bermuda that the pot is for medicinal purposes will make the matter worse, as two American women learned in separate incidents.
According to the Sun newspaper, Teresa Sheridan, 53, of Oregon was arrested last month at the airport in Bermuda when customs officials found a bag with just three grams of cannabis. She claimed that she smoked pot as treatment for depression. The court was not impressed and imposed a fine of $2,000.
A worst fate met U.S. tourist Edith Lord Wolffe, 59, who was also arrested last month at the airport in Bermuda. Customs officials found 14 homemade marijuana cigarettes in her luggage.
Her lawyer argued for leniency. Ms. Wolffe was from California where pot has been de-criminalized. She smokes marijuana for her Ménière's disease. The lawyer informed the court that she has a prescription for the marijuana from her doctor as she suffers from the chronic illness. He presented the court with a copy of a medical certificate with the illness and prescription outlined on it to treat the medical condition. According to the Sun newspaper, the court responded: “I am of the view that this matter calls for an immediate custodial sentence.” The court fined Ms. Wolffe $3,000 plus 30 days in jail.
Bermuda has a strange sense of priorities. It has a pitiful record investigating the disappearances of crew members or prosecuting violent crimes, such as rape, on Bermuda flagged cruise ships, as we have written about before. If you are a sexual predator on a Bermudan flagged ship, no policeman from Bermuda will ever bother you.
But if you are a stoner who cruises to Bermuda and have a few joints stashed back on the cruise ship in your luggage, prepared to be arrested, fined and perhaps incarcerated.
And don't tell the judge that pot is legal in California and you get high for medical reasons . . .
June 27, 2011 Update: The Royal Gazette newspaper reports that a "cruise ship drug smuggler" was sentenced to two and one-half years in prison for delivering "cannabis residue" to Bermuda and collecting $7,000. His companion was fined $1,000. As usual, this newspaper did not mention the name of the cruise line or cruise ship.
This weekend I ran across an interesting tweet "Scuttled cruise ship on Google Maps" from Brian Major (@cruiseprguy) who handles PR for some of the cruise lines. I could not resist clicking on the link.
His tweet linked to an interesting article in Geek O System about the World Discoverer, a German cruise ship built in 1974. In 2000, the ship captain decided to ground the ship in Roderick Bay in the Solomon Islands after hitting an uncharted reef. The ship was subsequently ransacked and its equipment and furnishings were stolen.
Gizmodo originally ran the story pointing out the weirdness of finding a scuttled cruise ship on a Google Map.
Hawaii News Now is reporting today that an environmental group in Hawaii has located an illegal dumping site.
Much of the garbage and large plastic bags reportedly came from the Norwegian Cruise Line's Pride of America cruise ship, including "paperwork, documents, and dozens of cabin cards with the names of passengers and the dates they sailed."
The Hawaii News Now website reports that Carroll Cox, president of EnviroWatch, was tipped off to the dump site.
In addition to the cruise ship trash, the site contained old tires and oil bins.
The website reported that a company called Honship Maritime Service collects NCL's garbage from its cruise ship. Honship Maritime Services apparently has a contract with a company called "The Trash Man" to haul the trash away.
Looks like someone took a shortcut and dumped about a quarter acre of garbage across the site.
The state inspectors are in the process of investigating the dump site and will determine who is responsible for not properly disposing the garbage.
The article contains a number of photographs of the garbage including a photo of discarded NCL cocktail glasses.
Multiple news sources are reporting that a passenger from a Norwegian Cruise Line cruise ship went overboard in the Mississippi River last night.
The Norwegian Spirit had sailed for approximately three hours from New Orleans when the passenger went into the river around 8:00 p.m.
A rescue boat was deployed from the NCL cruise ship. The passenger was rescued and returned back to the cruise ship.
The passenger was injured and received medical treatment aboard the cruise ship which made arrangements to disembark the passenger ashore further treatment.
There are no reports explaining how and why the passenger went overboard. The good news is that the passenger was rescued safely, which is not the usual outcome of cases like this.
A photograph was taken of the rescue by a passenger aboard the cruise ship and posted via Twitter, @sheets.
Does anyone have information about this latest overboard? Please leave a comment below.
For the past two years, I have been interested in the use of Twitter as a method of educating the public about dangers on cruise ships. Dangers that are real. Dangers that the cruise lines don't want the public to read about.
Anyone who follows me on Twitter is well aware that I tweet daily on issues that the cruise lines don't discuss - sexual assaults of women and children, mistreatment of crewmembers, and the disappearances of people on the high seas.
Yes, I know that I am annoying. There are lots of cruise fans and travel agents on Twitter who use the #cruise hash-mark to market the joy of cruising, and I spoil the fun. 50% of the people who I interact with on a routine basis disagree with me 100% of the time it seems. But I know that my message is getting out there. I would like to think that if one parent realizes that its not safe to leave your kids unsupervised on a cruise ship, then my last 5,500 tweets have been a worthwhile exercise.
I am particularly fascinated by the way that cruise lines use Twitter and other social media. Are they engaging in discussions with the public where they address unpleasant subjects with candor and in the process develop a reputation of transparency? Or, are they just using Twitter and Facebook to create fan pages or other cult clubs? Do they run and hide when they read tweets critical of their business practices?
Earlier this week, I wrote an article about Oceania Cruises trying to convince a Judge in Miami to impose a limit of liability of only $65,000 in a case where it is alleged that an Oceania Cruises crewmember raped a 13 year old child on the Regatta cruise ship. Stories like this are important. Most parents don't understand the significant number of sexual assaults which occur on cruise ships. Few parents could possibly imagine that if a crewmember raped their little girl, the cruise line would try and make certain that the child didn't receive fair and just compensation for her physical and emotional injuries.
I tweeted a few references to my blog article about Oceania Cruise's disturbing behavior. I always invite a cruise line's response. I even invite disagreeing cruise lines and travel agents an opportunity to write a guest blog - unedited - to tell the other side of the story.
Oceania Cruises, which has been following me on Twitter for over a year, had no interest in discussing the story. Instead, it "un-followed" me.
"Unfollowing" critics seems like a poor way to manage a business' online reputation. Instead of explaining its conduct or at least expressing concern for the girl's well being, the cruise line just turned and ran.
Twitter is a proving ground of truth and transparency. Twitter is not a place where slick unprincipled marketers can withstand scrutiny. It is not a place where cowardly cruise lines like Oceania can survive.
The Los Angeles Times has an interesting although very sad article about the mystery of a missing crewmember from the Disney Wonder cruise ship. Written by Corina Knoll, the LA Times article is entitled "Bereft Parents' Loss is as Deep as the Ocean."
Rebecca Coriam, a 24 year old from Chester, England, joined Disney Cruise Line to work with kids as a youth counselor. On March 22nd of this year, she failed to show up for work. As the article explains, she was last seen speaking on the telephone early in the morning and was apparently crying. A closed circuit television camera (CCTV) recorded these images, yet Disney claims that there are somehow no CCTV images of her going overboard.
Rebecca's parents, Mike and Ann Coriam, traveled to California to meet the cruise ship when it returned to port. They met with the police officer who flew from the Bahamas which is responsible for conducting an investigation because Disney chose to register its cruise ship in that country to avoid U.S. taxes and safety regulations.
It is hard to imagine what the Coriam family was feeling when the Disney Wonder quickly unloaded several thousands of passengers and just as quickly reloaded the ship and set sail from the port in San Pedro.
What type of investigation could a single police man conduct in such a short period of time? When I was retained by the widow of missing passenger George Smith to search for answers about what happened to him during their honeymoon cruise, we hired world renown forensic scientist Dr. Henry Lee and we boarded the Royal Caribbean cruise ship with a team of ten forensic experts, photographers, videographers, and detectives. How on earth could one cop from the Bahamas think he could accomplish anything in such short order?
The real irony here is that the Disney Cruise Line is actually incorporated as the Magical Cruise Company in England. So we have the disappearance of a young English woman hired by a English corporation to sail on a cruise ship out of a U.S. port and yet not a single English or American police or forensics team were permitted on the cruise ship. I was quoted in the LA Times article criticizing the token investigations by the cruise friendly flag states, saying that "the families are caught in no-man's-land between the cruise line and the foreign authorities."
There will be no answers from the one policeman in Nassau. He will not write anything embarrassing about a cruise line which flies the flag of the Bahamas.
But someone working on this cruise ship knows more than they are saying. How can a popular crew employee charged with the responsibility of the cruise guests' children on a Disney cruise ship just "disappear" with no explanation?
The LA Times article lists the Coriam family's website which was created to bring awareness to this cause. If you know something about Rebecca's disappearance, please contact the family using the information below:
The Australian newspaper reports that the Federal government in Australia is ignoring certain cruise safety recommendations proposed by Australian Coroner Jacqueline Milledge following an inquest into the death of P & O Cruises passenger Dianne Brimble.
Ms. Brimble's death and the dreadful state of affairs which existed in the P & O Cruises fleet were some of the first issues I wrote about when I started this blog two years ago. You can read through this sad case in a series of articles here. The stories are disturbing.
The Australian article today points out that it has been six months since NSW Coroner Jacqueline Milledge concluded an inquest into Ms. Brimble's death aboard the P&O cruise ship, the Pacific Sky nine years ago, and issued cruise safety recommendations to the Federal Government.
Ms. Milledge summed up the case accurately, saying Ms. Brimble was "drugged by unscrupulous individuals who were intent on denigrating her for their own sexual gratification." The newspaper reports that the "conservative and modest mother-of-three was left to die on the floor of a cabin from an overdose of the drug, fantasy, and alcohol, after being photographed having sex with strangers she met in the ship's disco." Ms. Milledge recommended:
Australian Federal Police on board every cruise ship;
Drug detection scanning of passengers and crew members;
Drug sniffer dogs at all ports; and
The establishment of a federal parliamentary committee to consider industry reforms to improve crime prevention, investigation and prosecution of offenses at sea.
The newspaper reports that Australian Prime Minister Julia Gillard has not responded to the recommendations, saying only: "This is a tragic case that has caused pain and anguish to Ms. Brimble's family and friends."
It is now nine years since Ms. Brimble's untimely death. It will be a real shame if these recommendations are not fully implemented no later than the 10 year anniversary of her death next year.
Photo credit: Book cover, "Abandoned - The Sad Death of Dianne Brimble" by Geesche Jacobsen.
Writing this article, I’m reminded of Seth Meyers’s joke at the White House Correspondents’ Dinner - addressing the Senate: “I don't think you read bills anyways. I think you guys vote on bills the same way the rest of us agree to updated terms and conditions on iTunes.”
Let’s be honest. Most of us don’t read the “fine print” of contracts and are often bound by terms and conditions we don’t understand or don’t even know exist. And most of us assume that lawyers drafting these contracts use standard form, kitchen sink, same ole’ same legalese that appears in all of the contracts we encounter in day-to-day life. We assume we’ll be protected by the law.
This assumption is the inspiration for this blog. I remember when I was writing my undergraduate thesis at the University of Florida. The irony was that I finally read the ticket-passenger contract to a cruise I had taken 6 months earlier. Oops. As I was reading the contract for my research, I remember thinking to myself, I really should have looked at this before I boarded the ship. Again, oops.
So, I’ve decided to prepare my list of the top 10 shocking contractual provisions in cruise line tickets. (I strongly advise picking up the contract and reading it in its entirety before stepping aboard).
The selected clauses are taken directly from Royal Caribbean Cruise Line’s (“RCCL”) website. The following clauses are the Top 10 Shocking Clauses taken from RCCL’s Ticket-Passenger Contract for its passengers, excluding the Brilliance of the Seas.
1. We Don’t Care If You Have Read or Signed the Contract
“Purchase or use of this Ticket Contract, whether or not signed by the Passenger, shall constitute the agreement by Passenger, on behalf of himself and all other persons traveling under this Ticket Contract (including any accompanying minors or other persons for whom the Ticket Contract was purchased), to be bound by the terms and conditions of this Ticket Contract.”
2. No Jury Trials for You!
“This agreement requires the use of arbitration for certain disputes and waives any right to trial by jury to resolve those disputes.”
3. We’re Not Responsible for the Ship Doctor’s Malpractice
“Carrier assumes no liability whatsoever for any treatment, failure to treat, diagnosis, misdiagnosis, actual or alleged malpractice, advice, examination or other services provided by such persons or entities.”
4. We’re Not Responsible for the Excursions We Sell, Even if We Make Millions in Profits
“Even though Carrier may collect a fee for, or otherwise profit from, making such arrangements and offers for sale shore excursions, tours, hotels, restaurants, attractions, elements of the RCT Land Tour packages that are provided by independent contractors and other similar activities and services taking place off the Vessel for a profit, it does not undertake to supervise or control such independent contractors or their employees, nor maintain their conveyances or facilities, and makes no representation, whether express or implied, regarding their suitability or safety.”
5. Our Agents Can Kill You, But We’re Still Not Responsible
“In no event shall Carrier be liable for any loss, delay, disappointment, damage, injury, death or harm whatsoever to Passenger which occurs on or off the Vessel or the Transport as a result of any acts, omissions or negligence of any independent contractors.”
6. Live in Oregon and Injured on Cruise Ship in Mexico? You Have to Sue in Miami
“It is agreed by and between Passenger and Carrier that all disputes and matters whatsoever arising under, in connection with or incident to this agreement, Passenger’s cruise, cruisetour, RCT Land Tour or transport, shall be litigated, if at all, in and before the United States District Court for the Southern District of Florida located in Miami-Dade County, Florida, U.S.A.”
7. Injured on a Cruise? You Lose Your Right to Sue Us If You Don’t Send Us a Letter in 6 Months and Sue Us in 1 Year
“The limits for personal injury/illness/death claims: no suit shall be maintainable against carrier, the vessel or the transport for personal injury, illness or death of any passenger unless written notice of the claim, with full particulars, shall be delivered to carrier at its principal office within six (6) months from the date of the injury, illness or death and suit is commenced (filed) within one (1) year from the date of such injury, illness or death and process served within 120 days after filing, notwithstanding any provision of law of any state or country to the contrary.”
8. If You’re Injured or Killed on a Ship Which Doesn’t Call on a U.S. Port, the Maximum Compensation is $70,000
“On cruises which neither embark, disembark nor call at any port in the United States, Carrier shall be entitled to any and all liability limitations, immunities and rights applicable to it under the “Athens Convention relating to the carriage of passengers and their luggage by sea” of 1974 (“Athens Convention”). The Athens Convention limits that Carrier’s liability for death or personal injury to a Passenger to no more than 46,666 special drawing rights as defined therein (approximately U.S. $70,000, which amount fluctuates, depending on daily exchange rate as printed in the Wall Street Journal).”
9. Don’t Even Think of Filing a Class Action Lawsuit
“Passenger hereby agrees that except as provided in the last sentence of this paragraph, Passenger may bring claims against Carrier only in Passenger’s individual capacity. Even if the applicable law provides otherwise, Passenger agrees that any arbitration or lawsuit against Carrier . . . shall be litigated by Passenger individually and not as a member of any class. . .”
10. We Can Search Your Cabin and Kick You Off The Ship If The Captain Says So
“Carrier may also change accommodations, alter or cancel any activities of, deny service of alcohol to, confine to a stateroom or quarantine, search the stateroom, property or baggage of any Passenger, change a Passenger's RCT Land Tour, disembark or refuse to embark the Passenger and/or any Passenger responsible for any minor Passenger, or restrain any Passenger at any time, without liability, at the risk and expense of the Passenger, when in the sole opinion of Carrier or Captain . . .”
Some of these terms and conditions are valid and enforceable, other clauses are not. Cruise Law News has reported on several of these issues in the past:
This article was written by a "guest blogger" for Cruise Law News, Caitlin Burke. Ms. Burke just finished her first year at law school at the University of Miami. Ms. Burke is a graduate from the University of Florida. She majored in Recreation, Parks and Sport Management. Ms. Burke wrote a senior honor's thesis entitled a "Qualitative Study of Victimization and Legal Issues Relevant to Cruise Ships."
Last week I was away from my computer traveling in Jamaica to visit crewmembers while the story broke about the U.K.'s Maritime and Coastguard Agency detaining the MSC Cruises' Opera cruise ship for safety violations.
The incident was the type of event which I would normally and quickly write about. But by the time I returned to Miami the cruise ship had already been detained, released and back to sea.
A story today in the USA Today entitled "UK Coast Guard: Issue with Detained MSC Cruises Ship was Major" renewed my interest in the story. The article was written by Gene Sloan who hosts an excellent and very popular cruise blog called "CruiseLog," which caters to the cruise community. He reported today on the fact that the detention of the MSC Opera was no small matter. In fact, the UK's Maritime and Coastguard Agency informed USA Today that there were multiple issues that together "led to the conclusion of a major non-conformity."
In the UK, cruise ships may be detained under UK Merchant Shipping Act 1995 only when it “appears to a relevant inspector to be a dangerously unsafe ship."
USA Today reported that the MSC Opera arrived in Southampton "overladen" with concerns by safety inspectors about the cruise ship's stability and safety emergency preparedness which were in violation of the International Safety Maritime Code (an international standard for the safe management and operation of ships).
USA Today further reported that the Opera was detained after it arrived in Southampton on May 25th coming from a shipyard where it had undergone repairs after losing power in the Baltic Sea, which left it adrift for several days until it was towed back to port. "Passengers described uncomfortable conditions during the incident that included blackouts, a lack of hot food and running water, and backed-up toilets."
What is remarkable about the USA Today article is that it reported that when news of the detention first broke last week, MSC Cruises falsely told news outlets (including USA Today) that it was just "a rumor." Later in the day, after the ship had been cleared to sail, MSC "issued a short statement that appeared carefully crafted to leave the impression that there had been no issues with the vessel. The statement made no mention of the detention."
Of the over 500 blogs I have written about the cruise industry in the last year and a half, a major focus of my articles is not about the bad things that happen on cruise ships - but the extraordinary steps that the cruise industry takes to cover them up.
The fact that CruiseLog, a friend to the cruise industry by all accounts, would publish an article about this cruise ship's safety deficiencies as well as the cruise line's lack of candor is encouraging. It reflects objectivity and a clear concern for the public's safety and welfare which are often lacking in most pro-cruise publications.
It will only be when cruise fans and CLIA travel agents demand greater transparency and accountability from the cruise lines will there be improvements in the safe operation of cruise ships.
It also cannot be overlooked that the CEO and president of MSC Cruises, Richard Sasso, has been the chairman of the Cruise Lines International Association (CLIA) Marketing Committee. CLIA is the trade organization for the cruise industry which promotes the U.S. cruise lines and has the motto that it "promotes all measures that foster a safe and secure cruise environment."
Needless to say, it's disappointing that a cruise ship deemed by UK safety inspectors to be "dangerously unsafe," and whose leader is the head of marketing CLIA cruise ships, would exhibit such a lack of candor to international news outlets and to the American public.
This type of conduct perpetuates the image of the cruise industry as slick and dishonest marketers.
Additional info: What is a Cruise Ship Detention?
The MSC Opera is flagged in Panama which is suppose to make certain that the ships carrying its flag meet safety standards. But like many "flag of convenience" countries, Panama does not have a reputation of vigorously overseeing the safe operation of cruise ships and other vessels flying the flag of Panama.
Responsibility for overseeing the safety and security of cruise ships often falls, by default, to the "port states" where the cruise ship are based or countries where they call on port. Caribbean countries are largely either incompetent or indifferent to safety issues or hesitant to incur the wrath of a major cruise line.
But countries like the U.K. or the U.S., from time to time, will intervene. Agencies in port states can intervene for safety or health reasons, like was threatened in this norovirus case aboard the Balmoral cruise ship once it reached the U.K.
The U.S. Coast Guard and U.S. public health agencies like the Centers for Disease Control ("CDC") can shut cruise ships down, like when the CDC issued a "no sail' order for the noro-virus plagued Celebrity Mercury cruise ship which infected passengers for four sailings until it was finally shut down for health reasons.
Several news sources are reporting that an oil tank exploded at the port in Gibraltar today.
Royal Caribbean's Independence of the Seas cruise ship was in port at the time of the explosion. One newspaper reports that the cruise ship was due to sail at 4 p.m. but was "berthed nearby" when the oil tank exploded.
The cruise ship then reportedly "quickly sailed away and anchored in the bay."
The Gilbraltar Chronicle reports that two people ashore were injured, one reportedly seriously due to burns.
Twelve cruise passengers were injured. The cruise line issued a statement indicating that the injuries are allegedly "minor." Subsequent news sources are saying that eleven Britons and one Swiss passenger sustained injuries consisting of burns, abrasions and a dislocated finger.
Radio Gilbraltar ran a live feed of the fire as it continued to burn, with an additional oil tank involved. Radio Gilbraltar reports that the Independence of the Seas felt the "full force" of the blast:
There is an indication that the explosion may have been caused by a spark from welding.
If you have photos or video of this incident, please contact us and we will post them on our blog.
One of the proposals recommended by the International Cruise Victims (ICV) organization is having "sea marshals" on cruise ships in order to protect passengers and respond to shipboard crimes.
Since 9-11 the Federal government has placed "air marshals" on airplanes. The ICV has attempted to ensure that cruise ships have the same level of security by supporting legislation in California requiring "sea marshals" on all cruise ships entering and departing cruise ports in that state.
Unfortunately, the cruise industry fought against an independent police force on cruise ships. The typical argument is that state law enforcement have no jurisdiction over foreign flag cruise ships on international waters. However, there is no question that states like California have jurisdiction to place sea marshals on cruise ships once the ships reach state waters to act as a police presence and to monitor environmental activities. Alaska has a very effective sea marshal program designed to monitor cruise ship waste water dumping.
The port of Los Angeles already has a sea marshal program. By all accounts it is successful and serves the valuable purpose of protecting passengers. As explained in an article today "Marshals Defend Port of L.A." in the Contra Costa Times, the port of Los Angeles has six sea marshals, as well as an additional eight to 10 port police officers who are trained to join the team. The L.A. sea marshal program is seperate from the sea marshal program operated by the U.S. Coast Guard which board vessels up to 12 miles offshore.
The sea marshal program in L.A. is geared toward addressing vulnerabilities as cruise ships and cargo vessel head into and out of the harbor. Sea marshals board cruise ships 3 miles from port. They are armed. They make sure that no one forces their way into the bridge to hijack the ship and uses it as a floating bomb or a battering ram, just as al-Qaida terrorists forced their way into the cockpits of jetliners on 9-11.
Sea marshals also inspect various areas of the cruise ship, look for explosives, drugs, suspicious activities, and coordinate underwater inspections by port police divers once the cruise ships reach port. They remain on the bridge, where they keep watch as the cruise ships sail out of the Port of Los Angeles. They return to port once the vessels reach 3 miles offshore.
The newspaper interviewed John Holmes, the deputy executive director of the Port of Los Angeles, who said: "Our most precious cargo at the port are our cruise passengers . . . Anytime you get on a ship in Los Angeles and these guys come on board, I think it really gives people a sense of security."
It remains less than clear whether the sea marshals in Los Angeles have responsibility to handle reports of crime which occur at sea as the cruise ships sail back to California. Undoubtedly, the local sea marshals can liason with the Los Angeles Port Police and the FBI.
Los Angeles has proven that a sea marshal program on a state level can work. More ports and states need to follow Los Angeles's lead.
The article raises the question of the environmental impact of massive cruise ships sailing into the passenger terminal at the end of the Giudecca Canal, to unload over one and one-half million cruise passengers into Venice a year.
I have warm memories of the first, and only, time that I visited Venice. It was the summer of 1977, after my freshman year at college. I originally traveled to Europe with my freshman roommate at Duke and two buddies from prep school. After two weeks in Belgium and Holland, where we spent more time in the beer halls than in museums, we got on each other's nerves. We strapped on our backpacks and went our separate ways.
I had bought a $200 "Eurail pass" that let me hop on trains all over over Europe. It even covered a couple of cruises (where we slept on the open decks) on old tubs from Brindisi, Italy to the island of Corfu and then on to Greece and back.
Before I headed south, I spent a week in Venice by myself.
I loved it.
For $8 a night, I rented a single room in an Italian's family upstairs apartment. I spent my time visiting St. Mark's Cathedral, walking around the narrow winding streets, and eating incredible Italian ice cream. I stopped at all of the little bridges over the canals which criss-crossed the city and leaned over the rails to watch couples and families ride on gondolas navigating below me.
I took a few photos (above and right) which have been in an old photo album for the last three decades.
I have lasting images and feelings from my experiences in Venice. I felt at ease in this incredibly tranquil city, especially in the evenings when I would sit in the plazas drinking wine or espresso and wonder what my future would bring.
Now 34 years later, I am looking at the photo (below) in the New York Times' article of a massive cruise ship looming over Venice. What a stark contrast to my fond memories of the quiet and quaint city with the gondola drivers pushing their poles along the little canals.
Are those monster cruise ships really docking off of the Riva dei Sette Martiri, a quay near St. Mark’s Square?
There seems something disrespectful about arriving in Venice aboard a cruise ship taller and wider than anything that could have been imagined when the city was built 500 years ago.
What happened to the tranquility of the beautiful, delicately scaled maze of canals and plazas where the poets, artists and travelers inter-mingled in the uniqueness of this old city? Are the mega cruise ships and their one and one-half million cruise tourists ruining the charm of Venice? Or has the world forever changed, leaving only the memories from my youth?
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.
The 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.
Yesterday, we discussed the latest overboard from a Celebrity cruise ship, this time involving a 31 year old Filipino on the Eclipse who by all accounts committed suicide by climbing a rail and jumping into the English Channel.
While some people may be inclined to say oh,a suicide end of the story, my thought is that an investigation is warranted to study the significant number of crewmembers who decide to end their life in this manner. Is there a correlation between the long hours and difficult working conditions of "ship life" and crew suicides?
There are a number of interesting comments posted on line about this sad incident, which apparently occurred shortly after an ill passenger was medevaced from the Eclipse. A medevac of an ill passenger and a crew suicide is not how you want to remember a family cruise holiday.
One post links to Ship Finder which charted the cruise ship altering course and returning to the location where the crewmember went overboard. It looks like the Eclipse may have originally altered course to sail closer to France to meet the helicopter involved in the passenger medical evacuation.
Multiple new sources in the U.K. are reporting that a crewmember from the Celebrity Eclipse cruise ship went overboard last night and is presumed dead.
Sky News reports that, according to the cruise line, a Filipino crewmember was captured on closed circuit television (CCTV) climbing over a railing and jumping from the cruise ship. The luxury cruise ship, operated by Celebrity Cruises here in Miami, was eight miles north of Cherbourg, France, heading to Southampton when the incident happened. The cruise ship alerted the French Coast Guard and turned the vessel around in an attempt to rescue the crewmember.
The French Coast Guard stated "We deployed our resources to find him but it was to no avail and we can now presume that he is dead . . . The water was very cold and there is no hope for him."
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 160 overboards in the past ten years.
In this latest case, the news sources are indicating that the crew member was a Filipino, which probably means that he was a waiter. The Filipinos on cruise ships work incredibly long hours and are away from their families for long periods of time. At this point, it is unknown what led him to jump if this is what happened.
Does anyone have information about what happened? Please leave a comment below.
The U.S. Coast Guard has issued a press release indicating that a MH-60 Jayhawk rescue helicopter from Air Station Sitka safely medevaced a woman from the cruise ship Celebrity Millennium during an Alaskan cruise. The Coast Guard helicopter transported the passenger to Hoonah where she was then flown by aircraft to Juneau.
The passenger, a 59 nine year old woman, reportedly was suffering from symptoms of a stroke.
Medical evacuations by helicopter are routine during emergencies like this while cruise ships are in relatively close proximity to U.S. and Canadian ports of call.
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)
"A group of young women take a seven-day cruise to the Caribbean, a trip they’ve been planning for months. The second night on board, they have a couple of drinks in one of the ship’s many lounges and bars. The bartender is attractive and flirty.
Later that night, he rapes one of the women in her cabin—something he’s done before because he always gets away with it. He knows full well that cruise companies generally do whatever it takes to cover up shipboard crimes. By the time his victim gets to port, it’s too late to get any real evidence, plus the maid steam-cleaned the DNA off the cabin carpet."
The problem with this hypothetical scenario is that it is not hypothetical at all. We have represented passengers who have been raped by bartenders, cabin attendants and even security guards on cruise ships.
The article mentions two of our client's cases and also refers to an article by Cruise Law News.
First cited is an article by Julie Rowe in TIME Magazine entitled "Crime Rocks the Boats" which discussed the case of firm client Janet Kelley and the disappearance of George Smith during his honeymoon cruise with firm client Jennifer Hagel. TIME published its blockbuster article in March 2006 while Congress was convening its second (of five) hearings on the problem of cruise ship crime. It would not be until 2010 that Congress passed the Cruise Vessel Security and Safety Act which requires cruise ships to report shipboard crimes to the FBI and U.S. Coast Guard and to maintain rape kits aboard the ships.
The new cruise safety law will not go into effect until 2012. In the meantime, there remains few arrests and even fewer convictions when crimes occur during cruises. The most recent alleged crime, involving a 17 year old who was allegedly raped after a crew member purchased her a half dozen drinks, resulted in a quick FBI investigation and no arrest. Royal Caribbean terminated the crew member and gave him a one way ticket back home. But the cruise line bartender who sold the booze and those on the cruise ship who observed the crew member drinking and fraternizing with the minor remain employed today.
The fired bartender is free to seek employment on one of the other 25 cruise lines which operate out of the U.S. The cruise lines who are members of the Cruise Line International association ("CLIA") do not share information with each other when a crew member from one of the CLIA cruise ships is fired for sexual misconduct.
In the case of firm client Janet Kelly, raped by a cruise line bartender on a CLIA cruise ship, the crew member applied for work on another line (Princess Cruises) and was accepted for employment. Sexual predators are emboldened by the cruise industry's indifference to this problem.
Courthouse News Service reports that a lawsuit has been filed against Celebrity Cruises for the death of a father of eight after he died from incompetent medical care for norovirus he contracted during a vacation cruise aboard the Celebrity Solstice.
The lawsuit alleges that Joseph Gavigan Jr., from Orleans, Massachusetts, embarked the Solstice cruise ship in January of this year in Fort Lauderdale, Florida. During the cruise, a norovirus outbreak occurred and Mr. Gavigan contracted the illness.
The lawsuit alleges that Celebrity failed to take adequate precautions to screen passengers and crewmembers, failed to sanitize and disinfect the cruise ship and disinfect plates, cups, food trays, utensils, ice machines and drinking fountains, failed to quarantine infected passengers and crewmembers and failed to warn Mr. Gavigan about the virus.
The lawsuit also alleges that Celebrity provided negligent medical care to Mr. Gavigan, and negligently selected the cruise ship medical staff who held themselves out as agents of the cruise line.
A copy of the lawsuit is available on line and can be viewed here. The lawsuit was filed by attorney Keith Brais, a very experienced maritime lawyer who used to be a defense lawyer for Celebrity Cruises and other cruise lines.
The Centers for Decease Control and Prevention reports that 118 cruise passengers and 10 crewmembers reported ill during the voyage. You can read more about the CDC's report for this voyage aboard the Solstice here.
The popular on line community Cruise Critic contains Celebrity's official press statement about the norovirus outbreaks (which preceded Mr. Gavigan's cruise) as well as the accounts of unhappy cruisers some of whom felt that the medical staff was incompetent and the cruise line was trying to cover-up and down-play the outbreaks.
An on line obituary indicates that Mr. Gavigan, nicknamed "Junior," is survived by 21 grandchildren and 17 great grandchildren in addition to his 8 children and companion.
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 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
A magazine in Bermuda is reporting that two cruise ships recently diverted toward Bermuda to transfer ill passengers ashore for medical treatment.
On May 9th, the Princess Crown Princess diverted to Bermuda to disembark a 57 year old male passenger who was suffering from breathing difficulties. The magazine reports that the pilot cutter St. George met the cruise ship at the sea buoy and the sick passenger was transfered between the two vessels.
Open water passenger transfers are potentially dangerous exercises. You will recall that a rescue vessel recently dropped an elderly passenger into freezing water while trying to transfer her ashore. A recent investigation found that the crew used unsafe procedures and did not even place a life vest on the sick passenger.
In this case, the Princess passenger was transferred safely to the pilot boat and then ashore where an awaiting ambulance transported him to King Edward VII Memorial Hospital.
The second diversion occured on May 7th when Princess' Grand Princess altered course toward Bermudato disembark a 55 year old male passenger who needed urgent medical attention. The passenger was also transfered ashore via the same pilot boat.
Both Princess cruise ships were sailing from Port Everglades, Florida to the Azores Islands.
The U.S. Coast Guard has issued a press release indicating that it is investigating an allision between Holland America Lines' cruise ship Westerdam and ice in the vicinity of Yakutat Bay today.
The Westerdam was reportedly maneuvering through ice near Hubbard Glacier Tuesday evening when it sustained damage approximately 15 feet below the cruise ship's waterline. The Coast Guard press release reports that the vessel's hull was not breached. Fortunately, there is no report of pollution and the passengers and crew are okay.
The Westerdam continued on with its cruise to Sitka, where the cruise ship was met by Coast Guard representatives.
This morning, HAL issued a statement claiming that the "winds were high at the time," and stressing that "the hull was not breached, and the ship continued on its published itinerary as planned."
HAL also says that the Westerdam will sail on its next cruise as scheduled.
Multiple news stations are reporting today that a passenger from the Carnival Sensation cruise ship was fatally injured while in a serious accident involving a jet ski rented during a port call in Nassau.
A second passenger sustained injuries and is recovering at a hospital in Nassau.
Carnival states that the cruise passengers rented the jet ski directly from a local vendor. The U.S. Department of State has the following warning about water sports rentals in the Bahamas:
"The water sports and scooter rental industries in The Bahamas are not carefully regulated. Every year people are killed or injured due to improper, careless, or reckless operation of scooters, jet-skis, and personal watercraft or scuba/snorkeling equipment. Visitors should rent equipment only from reputable operators, and should insist on sufficient training before using the equipment. There have been reports that some operators do not actually provide insurance coverage even when the renter opted (and paid) for insurance coverage. Visitors should insist on seeing proof that operators have sufficient medical and liability insurance."
Carnival flew a "care team" from Miami to provide assistance to the passengers' families. Carnival issued a statement: "All of us are deeply saddened by this event and extend our heartfelt condolences to the families and loved ones of those involved."
"The continued failure of the Bahamas government to enforce jet-ski regulations might possibly be viewed as criminal negligence.
A female tourist from the United States died in a horrific jet-ski accident in Nassau Harbour around 5:00pm on Saturday.
The 27-year-old woman from Florida, and a male companion also in his late 20s, had rented a jetski after arriving in Nassau on a Carnival Cruise ship.
The pair was riding the jet-ski in Nassau Harbour when they crashed into a boat near the entrance of the harbour, off the Montagu Foreshore.
Despite efforts by paramedics, the woman died almost immediately upon arriving at the hospital.
Her male companion is in serious condition after suffering head injuries.
Police investigations are underway as police try to figure out who was actually driving the jet-ski, where they acquired the vehicle and the circumstances leading up to the deadly accident.
Concerns over the dangers of jet-skis and other watersports have been ignored for years by the Bahamas Government, depsite numeorus deaths and serious injuries.
There is a poorly enforced law that requires jet-ski operators to provide a 15-minute training session to anyone interested in renting a jet-ski. However, that is rarely done and never enforced.
The names of the victims have not yet been released."
You can read about other jet ski accidents in the Bahamas here.
News sources are reporting that a 65 year old passenger is missing from a cruise ship which ported in San Diego on Tuesday.
The unidentified passenger was aboard the Celebrity Millennium cruise ship which was was on a 15-day cruise.
The cruise line did not realize that the passenger was missing until she did not show appear for a customs check when the cruise ship docked in San Diego. The ship had previously stopped in Cabo San Lucas, Mexico. The Millennium left Cabo on Sunday at about 3 p.m. According to the AP, the missing woman was apparently last seen on board the cruise ship about 10 p.m. Monday.
The passenger apparently went overboard somewhere between Cabo San Lucas and San Diego. A C-130 aircraft, helicopter and Coast Guard vessel searched an area that spans 175 miles between the cities.
We have discussed many overboards on the Royal Caribbean and Celebrity fleet of cruise ships. Click on "disappearances" (to the left) to read about other disappearances of cruise ship passengers. As we have reported before, there have been over 150 overboards from cruise ships in the past decade.
There is no acceptable excuse why a passenger or crew member should ever simply "disappear" during a cruise. Such an incident exposes deficient security and closed circuit television (CCTV) systems on the cruise ship.
May 4th Update: The cruise line subsequently went back and reviewed the CCTV images and determined that the woman climbed over the ship's railing and let go about 9:15 p.m. Monday.
The Royal Gazette newspaper reports that a crew member from the the Norwegian Sun cruise ship was transported to Bermuda because of a medical emergency.
The Norwegian Cruise Line ship was near Bermuda after sailing from Port Canaveral, Florida en route to the Azores when the 23 year old Peruvian crew member became ill.
The cruise ship took the crew member off the ship by stretcher to a pilot vessel which transported her to the island of Bermuda where she was taken to King Edward VII Memorial Hospital.
Cruise Lines like NCL have a non-delegable duty to provide prompt, adequate and complete medical care to their ill and injured crew members.
Medevacs involving crewmembers are relatively rare, especially compared to medical evacuations of passengers.
In the past two months, two citizens from the United Kingdom have disappeared during cruises. Disney crewmember Rebecca Coriam went missing from Disney's Wonder in March while the cruise ship was sailing from California to Mexico. This month, U.K. passenger John Halford vanished from the Spirit cruise ship operated by Thomson Cruise Lines while the ship was approaching Egypt.
Disappearances from cruise ships are an issue the cruise lines hate to talk about. In an age where the shipping industry faces the risk of terrorism and pirates and there is a need to focus close attention on the rails of cruise ships to protect the passengers and crew, it is inexplicable that anyone can simply vanish into thin air during a cruise. The fact that it happens raises two possibilities in my opinion: The cruise ships have insufficient security personnel and an absence of an effective closed circuit television (CCTV) apparatus to monitor who enter or exit (voluntarily or involuntarily) the ships. Or, the cruise ships have adequate CCTV and security systems in place, but they are simply not being honest with the families about what happened to their loved ones.
In both cases, the families have gone public to state that their missing family members were happy and enjoying life. In Rebecca Coriam's situation, the disappearance involved a popular and cheerful young woman, undoubtedly adored by her family and well liked by her friends, who enjoyed her job. Our web site has received at least one comment from a Disney passenger who raved about Rebecca's wonderful skills at interacting with and entertaining the passenger's daughter.
Mr. Halford's family describe their missing father in similar terms. According to the Milton Keyes Citizen newspaper, Ruth Halford described her husband, John, like this: "He was happy, certainly not depressed, enjoying his cruise and meeting people but looking forward to getting home again to be with me and the children . . . "
The last known publicly disclosed facts about each disappearance leave room for speculation. CCTV showed Rebecca speaking on the telephone in a public area the night before she went missing. A search was not initiated until she did not appear for work until the next morning at 9:00 a.m. Certainly there must be additional CCTV images if she went overboard from one of the decks. Crew members obviously do not have private balconies. Where is the CCTV of what happened? Why didn't Rebecca's cabinmate or friends notice her missing earlier?
The last known facts about Mr. Halford indicate that he was last seen on board the cruise ship at 11:45 p.m. the night before he disappeared, drinking cocktails in the bar when the ship was approaching its final port, according to the Milton Keyes newspaper. But when the ship reached port and the passengers were disembarking at 7:00 a.m., there was no trace of him.
Did he end his own life? That seems far fetched. He was looking forward to his silver wedding anniversary in June and dearly loved his three children by all accounts.
The fact that there are two families grieving about these "mysteries" reflects poorly on the cruise industry. It is inexcusable that no CCTV tape exists to reveal what happened, if in fact no CCTV tape exists.
Ruth Halford tells her local newspaper: “It’s terrible for the children. We are trying to cope together and not to give up hope but it is so difficult.”
“If anyone has seen him or knows what happened that night it would be so helpful. Not knowing is terrible and it is getting worse and worse by the day.”
If foul play was involved in either situation, the fact that a victim can "disappear" without a trace on a cruise raises profound questions about the issue of shipboard crime and whether the concept of "cruise ship justice" is at best an illusion. If the disappearances involved accidents or intentional decisions to go overboard, the families deserve to know this and try and understand why this happened.
They should not live a lifetime of doubt and speculation. They are entitled to some sense of closure, if that is possible.
To contact the Coriam family, go to the family's website: Rebecca-Coriam.com
To read about other articles about Ms. Coriam, click here.
To contact the police in Mr. Halford's case, please call 845 8 505 (country code 41).
To read other cases about Mr. Halford, click here.
The cruise community has been closely following the sad story of 73 year old grandmother, Janet Richardson, who was dropped into the frigid Artic Sea two weeks ago during a botched transfer between the Ocean Countess cruise ship and an awaiting rescue vessel.
She died this past weekend.
We have posted stories on this sad incident and photographs of the debacle.
Yesterday Cruise Critic U.K. posted an artice on its blog asking the question "Would You Sue" if this happened to your wife or grandmother?
The article was directly primarily to its U.K. readers and assumes that a bereaved husband who lost his wife under these circumstances would be legally entitled to significant compensation.
But in the U.S., sadly this is not the case.
If a retired passenger like Ms. Richardson was on an U.S. based cruise line like Carnival or Royal Caribbean which negligently dropped her overboard to her death, the case would be governed by a U.S. law called the Death on the High Seas Act ("DOHSA"). DOHSA does not provide any basis for the recovery by the grieving family members for their grief and bereavement. It also does not provide any compensation for the pre-death pain and suffering of the deceased passenger either. This is because the only compensation permitted under DOHSA involves "pecuniary" damages (meaning financial losses).
Pecuniary damages include primarily lost wages. But in cases of retired passengers (or children for that matter) they are not working so there are no such damages.
The only "pecuniary" damages when a retired passenger is rescued and died would be medical expenses (assuming the passenger is rescued and makes it to the hospital). If the hospital expenses are covered by insurance and/or by Medicare, there are liens which apply which will be asserted by the insurance companies and the federal government. The only other potential damages are burial and funeral expenses. However, if the retired passenger is not rescued or the body is not recovered, hence no obligation for funeral or burial expenses, there are no recoverable damages at all.
So before a passenger's surviving family decides to file a lawsuit, the question not only is there is a reasonable basis to win the lawsuit, but what are the damages if the lawsuit is successful?
In the U.S., the only damages may well be the cost of burying your loved one. The expenses of hiring experts to prove liability for the passenger's accident and to prove that the death was caused by the fall and shock of exposure to freezing water (as opposed to a pre-existing medical condition) may exceed the funeral expenses the surviving family incurs.
The cruise line defense lawyers understand this completely. In a worst case scenario, if Carnival drops your grandmother into the water and kills her, the most the cruise line will pay your family is the cost of putting her in a casket and then burying her in the ground.
Most passengers don't understand this. The cruise line won't explain this before you take your grandparents on a cruise. Take a moment and consider: If You Are Retired Or A Child, The Cruise Line Considers Your Life Worthless
DOHSA is an archaic law which was enacted in 1920. The cruise lines love it, but it is fundamentally unfair to the families of loved ones who die at sea. It provides no financial incentive for the cruise lines to improve their procedures to make cruising reasonably safe for the travelling public.
A local newspaper in the U.K. is reporting that a 63 year old passenger is missing from a cruise ship in the Red Sea.
The MK News in Milton Keyes is reporting this morning that John Halford, age 63, from Greenleys in Milton Keynes, left the airport in Luton on Thursday March 31st for a cruise aboard the Thomson Cruise Line. The cruise finished in Sharm al-Shaykh in Egypt on Thursday April 7th, when he was found to not be on board.
Sharm al-Shaykh is a city situated on the southern tip of the Sinai Peninsula, Egypt, on the coastal strip along the Red Sea.
The newspaper reports that it is believed that Mr. Halford went missing sometime between 11.45 p.m. on Wednesday April 6th and 7.30 a.m. on Thursday April 7th.
People who were on the cruise, or know where he might be, are asked to contact Thames Valley Police via the 24-hour Police Enquiry Centre 0845 8 505 505.
There have been over 150 passengers and crew members who have gone missing from cruise ships in the last decade.
The cruise industry trade organization, Cruise Line International Association (CLIA), states that it does not keep statistics of people missing from the 25 cruise lines which are members of CLIA. The most definitive source of cruise disappearances is found in cruise expert Professor Ross Klein's website.
This afternoon BBC Radio (Radio Merseyside) interviewed maritime lawyer Jim Walker in Miami regarding the disappearance of Disney youth activities worker Rebecca Coriam from the Disney Wonder cruise ship.
Rebecca was reported missing when she failed to report to work aboard the cruise ship on March 22, 2011. You can listen to the BBC Radio interview here. It runs just five minutes or so.
It has been almost a month and Rebecca's family continue to seek answers about her disappearance.
Ironically, Disney Cruise incorporated its cruise line as the Magical Cruise Company in the U.K. (for tax purposes) where Rebecca's family resides. Yet, there are no investigators from the U.K. invested with jurisdiction for investigating her disappearance. Instead, the "investigation" is being officially conducted by a policeman from the Bahamas because Disney flagged its cruise ship in that country (again primarily for tax purposes).
How is it that the Scotland Yard or someother competent agency are not involved in investigating the disappearance of a U.K. employee from a cruise ship operated by a company incorporated in the U.K.?
Ms. Coriam's family created a website which contains contact information. The site is Rebecca-Coriam.com. If you have information about Rebecca, please click on the website and e-mail the family.
You can read our other articles on this case here.
After kicking disabled cruise passenger Jim Keskeny off in a Caribbean island alone, Celebrity Cruises responded to Mr. Keskeny's request for reimbursement of his cruise fare and travel expenses home with a "bombastic and bullying" letter threatening him with legal fees and costs, according to his Mr. Keskeny's Michigan lawyer Richard Bernstein.
The cruise line threats follow Mr. Keskeny's decision to go to the press about his mistreatment aboard the Century cruise ship operated by Royal Caribbean's subsidiary Celebrity Cruises. The Daily Tribune in Michigan first published an article explaining that Celebrity Cruises left Mr. Keskeny, who is wheelchair bound due to MS, alone on the island of Guadeloupe. Cruise Law News followed up on this article the same day with Celebrity Cruises Abandons Disabled Passenger in Guadeloupe.
Celebrity Cruises refused to respond to requests for information by our blog and the newspaper in Michigan.
Instead, Celebrity eventually decided to release a statement only to the online cruise fan community, Cruise Critic, claiming that the cruise line has a strict 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.
In fact, there is no such policy explained in the cruise passenger ticket at all. There is only an answer to the question "Can I Travel Alone?" in the "Frequently Asked Questions" section of the cruise line's web site which casually mentions this language. It is of no legal significance.
Celebrity Cruises responded to the unwanted publicity by pointing out that Mr. Keskeny was on a nude cruise (although he never undressed) offered by "Bare Necessities Tour and Travel Company," a company which specializes in nudist vacations. Was Celebrity Cruises trying to embarrass Mr. Keskeny by releasing such information? Probably, but who cares? If cruising nude is on someone's bucket list, more power to them especially if they have a debilitating neurological disease and they are in a wheelchair with perhaps a diminished life expectancy. And consider that Celebrity and its parent company Royal Caribbean offer the greatest selection of alternative lifestyle cruising with nudist cruises, swinger cruises, cougar cruises, and gay rave / Atlantis drug cruises.
Mr. Keskeny and his lawyer Richard Bernstein seem not to be intimidated by Celebrity Cruises' threats. Mr. Bernstein, who himself is a disabled (blind) lawyer, indicates that Celebrity is trying to intimidate Mr. Keskeny because the cruise ship is not compliance with the American with Disabilities Act ("ADA").
In particular, Mr. Bernstein claims that the bathroom toilets are not ADA compliant, they are too low, and this was the problem in the first place. Mr. Bernstein is responding to Celebrity Cruises heavy handed threats with his own threat - an investigation to determine whether the Celebrity cruise fleet is in fact ADA compliant.
Whatever the outcome of this dispute, one thing is certain. The issue of the cruise lines' attitude toward disabled passengers is once again front and center. Cruise lines historically have not been a friend of the disabled community. Celebrity Cruises and the cruise industry's trade group, the Cruise Line International Association ("CLIA"), spent millions and fought vigorously to avoid complying with the ADA.
The cruise industry argued that because cruise lines are not incorporated in the U.S. and fly foreign flags from countries in Africa and Central America, the ADA does not apply. The cruise industry appealed this issue all of the way to the US Supreme Court before they lost. Only then did the cruise lines begrudgingly begin reading the ADA's design requirements for disabled passengers.
It is a rather amazing spectacle to see a $15,000,000,000 non-tax paying foreign corporation in a shit kicking contest with a disabled U.S. passenger, with the hard core Cruise Critic fans ready to lynch the disabled passenger and his blind lawyer from the nearest tree.
The parents of missing Disney Cruises youth counselor, Rebecca Coriam, recently launched a website Rebecca-Coriam.com seeking answers to the disappearance of their daughter from Disney's Wonder cruise ship. The family's website states:
"Rebecca was last seen just before dawn on the 22nd March 2011, where she worked on the Disney Wonder Cruise liner as a youth activities worker.
The alarm was raised when she failed to show for duty at 09.00hrs. The crew searched the ship but could not find her; Rebecca has since been listed 'Missing at sea.'
Rebecca’s parent’s Mike and Ann Coriam with Rebecca’s Aunt flew to LA on Friday 25th March 2011 to meet with the Disney Wonder when it arrived in port. They returned home on Monday 28th March 2011 with no answers and no clue to what has happened to their daughter and niece.
Father Paul of St Werburghs, of Chester has contacted the Mexican Catholic Churches along the Pacific coastline asking them to aid the coastline search for Rebecca.
The Investigation is still under way; the family and authorities are doing all they can to find Rebecca."
The family recently told their local newspaper, the Chester Chronicle, that "they are still being left in the dark over their daughter’s disappearance."
Were you a crew member or passenger on the Wonder when Rebecca went missing?
If you have information about Rebecca, please contact the family:
First impressions are everything. The first Mexican cruise line has already earned a dubious reputation.
The Secretary of Tourism, Gloria Guevara Manzo, said that the cruises are key to the expansion to tourism in Mexico.
Mexico is off to a rough start.
Ocean Star Cruises had just its second cruise this week. Cruceros Ocean Star had a disastrous start. A generator fire knocked out power to the Ocean Star Pacific cruise ship, forcing the evacuation of its passengers and crew Saturday. Some 522 passengers and 226 crew members were reportedly evacuated by catamaran to the port of Huatulco with the intention of flying them to Mexico City.
The Ocean Star Pacific was built in 1971 for Royal Caribbean Cruises and sailed as one of Royal Caribbean first cruise ships as the Nordic Prince.
We wish our Mexican friends better luck with their new cruise line!
Yesterday, the Bermuda Gazette reported on the sentencing of an American tourist who was arrested for possessing pot on a cruise ship which ported in Bermuda.
The Gazette identified the passenger as 43-year-old Edward John Molinari, from New York. The newspaper reported that after the cruise ship arrived in Bermuda, customs officers and police searched Molinari’s cabin with a drug sniffing dog and "found seven homemade cigarettes in the room’s safe, plus a partially-smoked eighth, containing cannabis of an estimated street value of $178."
The other major newspaper in Bermuda, the Bermuda Sun, also reported on the petty drug offense and mentioned that Mr. Molinari was married with three children. The Sun included a photograph of Mr. Molinari taken by a photographer camped outside of the courthouse.
Neither the Gazette nor the Sun mentioned the name of the cruise line, and the Gazette did not mention the name of the cruise ship either. Why not? Was it because Mr. Molinari informed the Bermuda judge that that cannabis had been in use “all over the boat?”
I have been critical of the press in Bermuda in general, and the Royal Gazette in particular, for not mentioning the names of cruise lines when the stories include embarrassing facts like drugs and crimes on the cruise ships.
For example, the Bermuda Gazette recently covered a trial in Bermuda involving allegations that a crew member raped another cruise line employee. We covered the incident and of course mentioned the names of the cruise line and cruise ship. We tried to place the incident into context by mentioning this cruise line's history of similar alleged crimes on its fleet of cruise ships.
The Gazette, however, choose not to mention the name of the cruise line (Princess Cruises) or the name of the cruise ship (Caribbean Princess). Was this because Princess Cruises incorporated itself in Bermuda and registered its cruise ship there in order to enjoy that country's lax safety regulations and minimal taxes? Is the Bermuda press extending the same courtesy of "looking the other way" routinely extended by the Bermuda vessel registry and incorporation officials? The Gazette claims that it decided not to mention the cruise line or cruise ship in order to protect the identity of the alleged rape victim and defendant. That seems like quite a stretch. But assuming that to be true, why did the Gazette decide not to mention the name of the cruise line or cruise ship which allegedly had drug use "all over the boat?"
When you search the Bermuda Gazette's archives, you will find that while it is quick to identify U.S. passengers caught with small amounts of pot on cruise ships, it will not publish anything potentially embarrassing about the cruise lines.
The island is very strict when it comes to prosecuting U.S. passengers. Bermuda will bust U.S. passengers for minor drug possession on cruise ships porting in Bermuda even if its clear that the pot is for the passenger's personal use and the pot never leaves the cruise ship. And the newspapers in Bermuda love reporting about such minor offenses.
But Bermuda does a deplorable job investigating violent crimes or mysterious disappearances which may implicate cruise ships which fly the flag of Bermuda. You will see no real journalism by the Bermuda newspapers into the issues of cruise ship crime, pollution, exploitation of crew members and tax avoidance. Take a moment and read about Bermuda's indifference to crimes on Bermuda flagged cruise ships.
For example when Italian crew member Angelo Faliva disappeared from the Bermuda flagged Princess cruise ship the Coral Princess, Bermuda eventually conducted a dilatory and unmotivated "investigation" which quickly ended without any answers and no criticism of the cruise line. The Royal Gazette and other newspapers in Bermuda completely ignored the Faliva family's plight.
The Angelo Faliva disappearance demonstrates the fundamental corruptness of incorporating cruise lines in remote islands and flying flags of convenience of countries with a non-existent regulatory scheme and a press which acts like a cruise line PR department. Disappearances often go un-reported, un-investigated, and un-prosecuted because of the indifference of the flag countries and the desire of the image-obsessed cruise lines to sweep the problem under the rug.
Independent newspapers with integrity keep large corporations like the cruise lines honest.
But newspapers like the Bermuda Gazette are a different story. If you are a passenger caught with some reefer in a safe in your cabin on a cruise ship docked in Bermuda, be prepared to have your name and photograph appear on the front page of the Bermuda newspapers. But if you are a cruise line with a history of pollution and shipboard crimes, don't worry - the newspapers in Bermuda will be certain never to mention you.
Photo credits:
Top: Edward Molinari leaving courthouse, photo by Kageaki Smith via Bermuda Sun
Bottom: Angelo Faliva, courtesy of the Faliva family
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 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.
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.
A family from Illinois is thankful that their son survived a medical emergency during a Caribbean cruise aboard Carnival's Dream cruise ship which quickly turned into a nightmare.
NBC Chicago reports that the Cohn family were three days into their week long cruise, when their 14 year old son Stephen became very ill with severe stomach pain and internal bleeding.
Heading to St. Thomas, the captain diverted the cruise ship to Puerto Rico. However, Stephen's medical condition deteriorated and the captain summoned a coast guard helicopter to medevac the child from the ship. The child's mom, Michelle Cohn, was also lifted from the cruise ship and accompanied her son to an intensive care unit in Puerto Rico.
The helicopter rescue avoided what would have been a 6 hours journey to the port in Puerto Rico.
The boy's parents thanked Carnival for saving their son's life, saying "They saved his life. They absolutely saved his life."
For other happy endings, read our articles about cruise ship medevacs here.
A newspaper in the U.K. reports that a seriously ill British passenger was inadvertently dumped into freezing waters off of the coast of Norway during what is described as a "bungled cruise ship rescue."
The Champion newspaper reports that a couple on the cruise ship, Colin and Sheila Prescott, watched in horror as Norwegian emergency crews were attempting to transfer the sick passenger from the cruise ship to a rescue vessel. The two vessels drifted apart several feet as the transfer was taking place, causing the rescue crew to drop the stretcher into the icy sea.
Mr. Prescott snapped a photo of the incident.
The water was reportedly "minus three degrees" (celsius - salt water begins to freeze at this temperature). The passenger was in the water for about "eight minutes or so" before she was finally rescued and transported shore-side to the hospital.
The newspaper reports that the incident involved the "Ocean Princess," which seems to be an error. It appears the cruise ship was actually the Ocean Countess operated by Cruise and Maritime Voyages.
Over the past years, we have been involved in a number of cases where cruise passengers and crew members have been victims of crimes on cruise ships heading to the Bahamas or ashore in downtown Nassau. We have witnessed the local police bungle the cases miserably and quickly close their files.
The Bahamian police cannot solve crimes against cruise passengers and employees which happen across the street from their police station. So the notion of the Bahamian police solving the disappearance of a young woman from England lost in the Pacific ocean off of the coast of Mexico is a rather ludicrous proposition.
This afternoon, the Bahamian police announced in the case of missing Disney crew member Rebecca Coriam ". . . there is no evidence to suggest foul play."
A number of news sources, including the BBC, are quoting Superintendent Paul Rolle of the Royal Bahamas Police Force, saying today: "With respect to the investigation into the disappearance of Miss Rebecca Coriam from the Disney Wonder cruise ship, the Royal Bahamas Police have concluded its investigation on board the vessel. "At the present time there is no evidence to suggest foul play. The case remains open and under active investigation.''
What on earth does this mean? No evidence of foul play? Does this mean that there is evidence of something other than foul play? Does it mean that the police think that Ms. Coriam inadvertently or intentionally went overboard? Or does it mean simply that the police in the Bahamas don't have any idea what happened and instead of admitting that, they are doing Disney a favor by trying to convince the public to keep sailing on cruise ships flagged in the Bahamas?
Remember this is not an announcement from the Bahamian Maritime Authority (BMA) which is suppose to investigate casualties on cruise ships which are registered in the Bahamas to avoid taxes. This is the Royal Bahamas Police who flew from the Bahamas to meet the ship on Sunday in Los Angeles, quickly conducted some type of "investigation" on the ship on Sunday (five days after the disappearance), let the ship return on its regularly scheduled itinerary, and then quickly flew back to Nassau yesterday for a press statement today.
There were over 1,700 passengers on the Disney Wonder and many hundreds of crew members. The ship is over three football fields long and over a dozen decks high. There are hours of CCTV footage to sit and review, electronic telephone and link-lock data to analyze, polygraphs to administer, and detective work to perform. It is not possible to interview witnesses and inspect the premises with a competent forensic team in such short order.
The Bahamas, whether it be the BMA or the local police, is not interested in and otherwise incapable of conducting an aggressive, competent, fair and impartial investigation into the affairs of the cruise ships which pay to incorporate in that country. The conflict of interest is glaring and repugnant.
Making a press statement of "no foul play" at this early date is like punting on first down in order to avoid embarrassing the other team.
The Royal Bahamas Police's services are advertised on its website, including ". . . temporary liquor licenses, firearm licensing, vendors permits, online character certificates, and barricade rental." "Conducting international investigations" does not seem to be a service it provides.
So what are the real skills of the Bahamas when it comes to the cruise industry? Entertainment. Beaches. The straw market in Nassau. And its wonderful military bands, which march along side the Miami-based but Bahamian-flagged cruise ships when they port in Nassau.
In fact, the Bahamas sends 10 times more military musicians to greet its cruise ship friends at port than it sent police to investigate Ms. Coriam's disappearance.
Yesterday the Ninth Circuit Court of Appeals ruled that the state of California can regulate the shipping and cruise industries and require vessels that call on the state’s ports to use cleaner fuel.
One of the problems with the cruise industry is that cruise ship use diesel and nasty bunker fuels which spew toxic particulate matter into the air.
Unlike most states, California requires that ships use cleaner fuel starting 24 nautical miles from California’s shore. According to Melissa Lin Perrella, an attorney with Southern California Air Project in Santa Monica:
"Over the course of six years, between 2009 and 2015, these rules will prevent 3,500 premature deaths.
Eighty percent of Californians are exposed to air pollution from large ocean-going vessels as their exhaust drifts inland. Every day, these vessels spew toxic diesel particulate matter (PM) in an amount equivalent to 150,000 big rig trucks driving 125 miles daily. While people living close to ports are particularly affected, wind patterns, geography, and meteorology transport vessel-generated air pollution well beyond our coastline and into too many of our lungs."
The shipping and cruise industries, led by the Pacific Merchant Shipping Association (which lists cruise industry giant Carnival as a member), fought against the California legislation. Essentially, the shipping and cruise interests argued that California does have not have authority to regulate vessels more than 3 miles from its coastline (the regulations reach 24 nautical miles from shore).
It is not unusual for the cruise industry to tell the public that it stands for the highest environmental standards, but behind the scenes spend millions of dollars to lobbyists and lawyers to fight for lower standards which harm the public.
Ms. Perrella writes: "The message is clear. It is time for the shipping industry to get on board or get out the way. California is moving forward to protect its citizens, and now has the Ninth Circuit firmly behind it."
California and Alaska are ahead of the curve in protecting U.S. citizens from the harmful effects of poisonous cruise fuels. Will states like Florida ever protect their citizens?
Michael and Ann Coriam returned to the U.K. with their younger daughter's belongings but no answers regarding the circumstances surrounding her disappearance. Sky News released a video today of the Coriam family's interview with the media in Los Angeles before their return home.
A number of different news stations are reporting that the Coriam family remains without an explanation regarding the circumstances surrounding the apparent overboard disappearance of their daughter, Rebecca, from Disney's Wonder cruise ship last week.
The Wonder returned to port in California yesterday amidst reports that the Coriam family had flown to Los Angeles to meet the cruise ship. Newspapers are reporting that the "Royal Bahamas Police Force" had also flown to the U.S. to meet the ship as well. This is an unusual development because the Bahamian police are a separate entity from the Bahamas Maritime Authority (BMA) which is charged with the investigation because Disney chose to flag its vessel in the Bahamas for tax purposes. We have been involved in cases where the Bahamian police will be involved in a criminal investigation when the cruise ship sails into the port of Nassau after a crime occurs on the ship and Nassau is the next port. We are not aware of police officers from the Bahamas traveling to an United States port to investigate in conjunction with investigators from the BMA.
The BMA and the cruise line are issuing the usual press statements. The BMA states that "Disney is fully cooperating," and Disney states that "we've been in close contact with the Coriam family, and we're assisting them in any way we can." At the same time, the Coriam family states that Disney is not providing an explanation regarding what happened to their daughter.
The Wonder left the port in L.A. in the the early evening yesterday and has returned to its routine cruise schedule. FOX News published an article "Mystery Surrounds Disappearance of 24-Year-Old Disney Cruise Line Employee" which includes a video (below) of several passengers speculating about what happened.
It must be maddening for the family to see people talking about such circumstances, without knowing their identity and an opportunity to question the passengers and crew members directly. I have always thought that passengers should be given contact information for the family and/or an opportunity to meet with the family members at the port to discuss what they observed before they scatter across the U.S. after the cruise. At a minimum, the family should be provided with a complete list of the passengers and contact information so that they have an opportunity to conduct their own investigation. In many cases we have been involved in the witnesses with the most relevant information are not interviewed by either the cruise line or law enforcement following a disappearance or shipboard crime.
The press in the U.S. and in the U.K. are continuing to cover the story of the disappearance of a Disney Cruise Line youth counselor who apparently went overboard from the Wonder last Tuesday during a 7 day "Mexican Riviera" cruise. BBC News reports that the parents of Rebecca Coriam flew from the U.K. to be present when the cruise ship returns to Los Angeles.
In our article yesterday, we were very critical of the Bahamas Maritime Authority (BMA) for being either disinterested in passenger and crew member deaths or being beholden to the cruise line's interests. In 2005, we were involved in one of the highest profile cruise ship disappearances when U.S. passenger George Smith disappeared during his honeymoon with his wife while aboard Royal Caribbean's Brilliance of the Seas. We represented Mr. Smith's wife.
The BMA was suppose to be involved in the investigation because like the Wonder, the Brilliance is flagged in the Bahamas. However, the BMA did nothing as far as we could tell. It appeared to be satisfied with receiving the casualty report from the cruise line speculating that Mr. Smith was intoxicated and may have fallen over the railing, a quick and self-serving conclusion which became questionable once we began our investigation and retained the renowned forensic scientist Dr. Henry Lee to assist us. To our knowledge, the BMA did not even prepare a report.
In this case, it is reported that the BMA sent investigators to Cabo San Lucas yesterday. Tomorrow the cruise ship will return to Los Angeles where Ms. Coriam's parents will be waiting.
As we explained yesterday, trusting that the BMA will perform an energetic, fair and impartial investigation, or relying on the transparency and honesty of a foreign flagged cruise line, are naive and inherently risky propositions. Any family seeking answers under these circumstances should consider retaining their own experienced investigators like Ken Carver, the President of the International Cruise Victims, did following the mysterious disappearance of his daughter during an Alaskan cruise.
There are a number of issues which the cruise line has already focused on. it is prudent that certain information be reviewed as soon as possible by someone other than the cruise line or the BMA.
CCTV: There should be closed circuit television images of the crew member indicating when she was last seen on the ship. When a crew member goes overboard, there should be images of the crew member on a deck and walking around the ship. There should be a review of the location of the CCTV cameras, an inspection of the CCTV / security office and equipment, a review of the diagrams for all CCTV cameras, and a walk-around of the cruise ship from the crew member's cabin, through all connecting hallways, stairs, and elevators, to the upper decks.
Locklink reports / C-Pass cards / Telephone print-outs: All crew members have their "C-Pass" cards swiped by the security guards when they board and exit the cruise ship. This will establish when the crew member last embarked/disembarked. Crew members use electronic cards to enter and exit their cabins. There is a print out (often called lock-link reports) for each cabin, indicating when the doors are opened and who opened the door. Cruise lines can also print out details of when the cabin telephones were used, and who the calls were made to and from on the ship. A time line can be created in correlating the information available from the CCTV, C-Pass, lock-link and telephone print-outs.
Computer / iPhone / Backberry / Android: The crew members computer and hand-held devices contain information when they were last used and when emails, test messages, skype and social media were used.
Cabin mate / co-employees / supervisors / employment records: Cruise lines quickly take statements from the missing crew member's cabin mates, friends, co-workers, and supervisors for relevant information. They review the missing employee's employment records and electronic data. A security officer will take statements and prepare reports.
As we previously explained, although the cruise line's public relations department will state they are cooperating with all authorities, the truth of the matter is that they subsequently assert that the results of their own internal investigations are "legally privileged" and are not to be shared with the missing crew member's family. A request for access to the above described information and access to the ship for an inspection and to co-employees for independent questioning should be made promptly.
If the cruise line resists these reasonable requests, the issue arises whether there is a conflict of interest between the missing crew member's employer and the surviving family members.
The disappearance of a youth counselor from the Disney Wonder cruise ship this week raises the issue of who is responsible for conducting investigations when crew members disappear at sea.
Disney released the following statement to us yesterday:
"The Mexican Navy has been conducting searches since Tuesday, and we immediately contacted the FBI and the Bahamian Maritime Authority, which is leading the investigation on this matter. We have also conducted a thorough and comprehensive inspection of the ship and spoken with the crew member’s colleagues to gather as much information as possible.” Disney also told us that the cruise line notified the U.S. Coast Guard.
But what is the reality of who does what in cases like this? What is the true involvement of the Mexican government, the U.S. Coast Guard, the FBI, the Bahamas Maritime Authority, and the cruise line in these type of circumstances?
The Mexican Navy: Because the incident appears to have occurred off of the coast of Mexico, the Mexican Navy is involved. Now, some people will say that the "Mexican Navy" conjures up an image of "three men in a row boat." Such criticism, although disrespectful, may accurately characterize the small scale of the Mexican maritime operations. When you think of dramatic search and rescue operations, the "Mexican Navy" does not come to mind. Rather, one would hope that the U.S. Coast Guard, with its quick deployment of cutters, jets and helicopters, is involved.
Mexico is a country of limited resources. Its is questionable what motivation Mexico has to expend money and resources searching for a citizen of another country who went overboard from a ship registered registered in the Bahamas. Once its navy ends its search (which it has probably already done), the country of Mexico will have no further involvement.
The U.S. Coast Guard: CNN's article "Disney Cruise Employee Missing Off Mexico" indicates that while the Mexican navy is leading the search, it asked for the U.S. Coast Guard's help early in the effort. The Coast Guard provided long-range search aircraft but was not now actively involved in the search as of yesterday. The U.S. Coast Guard is an impressive and highly experienced group of men and women, but there is only so much it can do when cruise overboards occur around the world.
The FBI: CNN's article contains a revealing quote from a spokesperson from the FBI. "The FBI is not involved because it does not have jurisdiction, as the ship was off the coast of Mexico flying under a foreign flag," said spokeswoman Laura Eimiller of the agency's Los Angeles office.
This is a typical comment from the Los Angeles office of the FBI which, unlike the U.S. Coast Guard, is filled with bureaucrats with little motivation to leave their desks and head over to the port when the cruise ship returns to L.A. The fact of the matter is that the FBI has special maritime jurisdiction to investigate incidents which occur on U.S. based cruise ships around the world, especially when a U.S. citizen is involved, even though the ships fly flags of convenience.
The statement of the FBI spokesperson that the FBI has no jurisdiction because the ship was in Mexican waters is preposterous. Last month, the FBI investigated the murder of a Polish crew member from a Royal Caribbean cruise ship calling on Cozumel which was allegedly committed by a Mexican citizen, even thought the victim was employed on a foreign flagged ship and the crime occurred ashore in Mexico.
The Bahamas Maritime Authority: Under the Bahamas Merchant Shipping Act 1976, the Bahamas Maritime Authority (BMA) is supposedly responsible for investigating incidents involving Bahamas-registered ships worldwide. The BMA has been criticized for being being beholden to large shipping companies like Disney and Royal Caribbean which register their cruise ships there to escape U.S. safety rules and regulations and U.S. taxes.
The BMA has a deplorable record responding to serious injuries, deaths or crimes involving passengers passengers and crew members on cruise ships flying the Bahamian flag. Often no real investigation is performed. Often the "investigation" will consist of a representative or two from the BMA appearing at the next port of call, sometimes working with the cruise line's defense lawyers or risk management team. No BMA report concluding malfeasance of the cruise line in a passenger or crew death will ever see the light of day.
If foul play is involved, the BMA will do nothing. As the BMA concedes on its website, "in fact, reports and documents may not be used as evidence in the event of any subsequent criminal proceedings. If a criminal investigation proves necessary, the entire incident should be investigated by a body independent of the original investigating authority."
So if foul play is involved (and there is no indication of that one way or the other), then who will be involved? The FBI has already declined to get involved. No police detectives from Nassau will fly to California to investigate. No police or sheriff agencies in California (where the vessel is ported) will become involved. No police agency from Florida (where the cruise line is located) or the United Kingdom (where the cruise line is incorporated) will investigate a disappearance at sea involving a cruise ship sailing between California and Mexico.
The Cruise Line: The Wonder cruise ship is operated by the Magical Cruise Company, Limited, d/b/a Disney Cruise Line, which is incorporated in the United Kingdom for tax purposes. Although Disney is saying that it is speaking with its crew member’s colleagues "to gather as much information as possible," these statements and reports will never become public knowledge and will usually be kept away from the crew member's family. Cruises line have exclusive control of the scene of the incident, witnesses, and evidence such as CCTV tapes. Cruise lines consider their own investigation to be privileged "work product," conducted for the purpose of defending them from potential law suits. Disney usually hires some of the top maritime defense firms here in Miami to defend their legal interests.
The Crew Member's Country: An issue remains of the nationality of the crew member. Most youth counselors on cruise ships are American, Canadian, or English. If you are from the U.S. and it was your child who went overboard, who would you want investigating the disappearance? The FBI or the Bahamas Maritime Authority? If a Canadian or English citizen is involved, no one from these countries will be actively involved with an investigation.
The Bottom Line: Disappearances at sea like this fall into "no man's land." The FBI takes the "not my problem" approach. The flag state's investigation will end up in a file cabinet in an old building in Nassau. Disney's investigation files will never leave the cruise line's risk management and legal departments.
According to cruise expert Ross Klein's website, 157 people have gone overboard from cruise ships in the last decade. Many appear to be due to intoxication, negligence, suicide, and sometimes foul play, but many remain unsolved mysteries. Often there is a delay in reporting the disappearances to the authorities and the crew member's family. Uncertainly, confusion and a lack of closure are the usual outcomes. Certainly there must be a better way to investigate disappearances from cruise ships than this. The families of loved ones lost at sea deserve better.
March 25th Update: BBC News identifies the crew member as Rebecca Coriam of Chester England. The BBC article states that England's Foreign and Commonwealth Office (FCO) has been "in touch with the relevant organisations and authorities" and identifies the Bahamas Maritime Authority and Interpol.
In the past day our office has received numerous requests for information about a woman who apparently went overboard from the Disney Wonder cruise ship two days ago.
There are no reports of this alleged incident in the mainstream press. This does not necessarily mean anything because the last three cruise line overboard were either not reported in the press at all or the stories were mentioned only in non-U.S. newspapers.
Cruise expert Ross Klein's website contains a short reference to the incident, stating: "From a crew member (unconfirmed): Two days ago one of the youth activities counselors apparently jumped over board. It was at 3 am. They are still searching the ship without any news about her."
Professor Klein reports that there have been 157 cruise ship overboards in the last decade.
There have been five other cruise ship overboards this year, involving crew members from Royal Caribbean's Grandeur of the Seas, Celebrity Cruise's Constellation, Carnival's Miracle, and Costa's Atlantica, as well as a passenger from Royal Caribbean's Liberty of the Seas.
Neither the cruise industry nor the U.S. maintain a list of cruise overboards.
Disney responded to our request for information indicating that the cruise line reported the incident to the Mexican Navy, the U.S. Coast Guard, the F.B.I., and the Bahamas Maritime Authority. Disney sent us the folowing statement:
“Given the circumstances we are very concerned about this situation and are doing everything possible to assist with the search effort and investigation. The Mexican Navy has been conducting searches since Tuesday, and we immediately contacted the FBI and the Bahamian Maritime Authority, which is leading the investigation on this matter. We have also conducted a thorough and comprehensive inspection of the ship and spoken with the crew member’s colleagues to gather as much information as possible.”
Do you have information about this latest overboard? Please leave a comment below.
March 24th Update: The crew member apparently disappeared off of the coast of Mexico. The ship is sailing to Cabo San Lucas today. Here is a video from ABC-7 News (Los Angeles):
Officials are searching for a female Disney Wonder cruise ship crew member who has been missing since Tuesday.
We have also conducted a thorough and comprehensive inspection of the ship and spoken with the crew member's colleagues to gather as much information as possible," a Disney Cruise Lines statement indicated.
The Disney Wonder, which sailed out from the Port of Los Angeles, has been on a seven-night cruise to the Mexican Riviera.
Disney Cruise Lines spokeswoman Rena Langley said the Mexican Navy is conducting the search. The U.S. Coast Guard and the FBI also is assisting. The Bahamian Maritime Authority is investigating the incident.
Langley said the crew member, who has been with the cruise line since 2010, never returned for her scheduled shift. She did not identify the missing woman. It's unclear if she fell overboard, but Langley said it's "certainly a possibility."
"Given the circumstances, we are very concerned about this situation and are doing everything possible to assist with the search effort and investigation," Disney officials said.
March 25 Update:BBC News identified the crew member as Ms. Rebecca Coriam, age 24, from Chester, England.
Of some 1842 passengers on the cruise ship, 1532 (83%) returned questionnaires provided by the researchers. 236 (15%) met the norovirus definition.
This particular cruise had a passenger vomit in a public area during boarding, as well as 7 other incidents where passengers vomited in public. The Centers for Disease Control ("CDC") investigators concluded that some sick passengers may have been infected by the vomit (through aerosolized vomit or by touching contaminated surfaces) or they were infected by person-to-person contact, particularly by an ill cabin mate.
The CDC investigators also concluded that some of the public toilets on the cruise ship were out of hand soap and paper towels and dish washing machines did not do an adequate job sanitizing eating utensils. These shortcomings might have contributed to the outbreak.
Nothing new with these conclusions.
The two interesting points in my opinion revealed in the study:
Of the 236 ill passengers, 95 (40%) did not report to the infirmary. We have been told by many passengers on cruises plagued by norovirus that the actual number of sick passengers reported by the cruise lines to the CDC was far less than the actual number of passengers with norovirus. Cruise lines report only the number of passengers who report to the ship infirmary. This is a problem we have discussed before - Is Celebrity Cruises Under-Reporting Sicknesses to the CDC?
Perhaps the most interesting statistic is that 62% of ill passengers did not decrease their participation in public activities. Over 200 passengers ill with norovirus walking around the ship? Yuck. This undoubtedly led to the spread of the outbreak.
But most outbreaks of norovirus on cruise ships are no so clear cut. There appears to be no effort to scientifically determine the source of norovirus outbreaks.
As we have reported in prior blogs, the U.S. Food and Drug Administration (FDA) concludes that 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 reports that "water is the most common source of outbreaks and may include . . . water stored aboard cruise ships."
When will the CDC conduct a recent study analyzing the potable water and food products after an outbreak? Compare this study with a study by the CDC in 2002 which the CDC "suspected that initial infection among passengers on cruise 1 originated from a common food or water source and then continued to spread from person to person" and "we identified that eating breakfast at restaurant A on day 2 of the cruise was associated with illness . . ." Or consider "Characterization of a variant strain of Norwalk virus from a food-borne outbreak of gastroenteritis on a cruise ship in Hawaii" (pin-pointing fruit at a buffet as the likely culprit).
Read some of our other articles about cruise ship norovirus:
March 24, 2011 Update: USA Today's CruiseLog has a story today about this study, indicating that the study involved Celebrity Cruises' Mercury cruise ship in January 2009. As we pointed out in an earlier blog, the CDC investigated outbreaks on the Celebrity Mercury inJanuary and February 2009.
The interesting thing about the Mercury was that it experienced four cruises a year later, in 2010, with repeated outbreaks of norovirus until the CDC took the unprecedented step of issuing a no sail order, an event we covered last March: Centers for Disease Control: "Shut Mercury Cruise Ship Down!" It would have been interesting for the CDC to have studied the cause of the norovirus on this cruise ship for months in early 2010. Why did this particular cruise ship experience so many problems with norovirus? Certainly it was not just because a passenger puked on embarkation in January 2009?
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.
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.
A reader of Cruise Law News alerted us that the Carnival Miracle lost a crew member overboard late in the night on March 14th or in the early hours of March 15th. The cruise ship was sailing between Curacao and Aruba.
A newspaper in Curacao reports that the missing crew member was a 47 year old man from the Philippines.
The incident is listed on cruise expert Canadian Professor Ross Klein's website which lists 155 crew member and passenger overboards from cruise ships in the last year.
There have been a large number of overboards recently, with some occurring in this area of the southern Caribbean. Many suspect that they are related to the increasing drug smuggling on cruise ships.
As with this case, the U.S. media rarely publishes stories about missing crew members - even though most cruise lines are based here in Miami. One of the most disturbing overboard cases we have seen involved Princess crew member Angelo Faliva, who disappeared as the cruise ship sailed between Aruba and Cartagena, Colombia. Mr. Faliva was from Italy and the case received lots of attention in Italy, but virtually no coverage in the U.S.
If you have information about this incident, please leave a comment below.
The Telegraph newspaper in the U.K. contains an interesting story today about the use of gag orders by large corporations in England to prevent the public from learning of potential safety hazards.
Called "hyper-injunctions," the gag orders are used to protect a corporation's reputation by barring an individual from discussing embarrassing information which may affect a corporation's business and legal interests.
The newspaper reports that a hyper-injunction was obtained at the High Court in 2006 which prevented an individual from "saying that paint used in water tanks on passenger ships could break down and release potentially toxic chemicals."
The injunction barred the person from discussing the case with members of Parliament, journalists and lawyers, along with the US Coast Guard and any ship owners, and also forbids any speculation linking chemicals in the paint with the illness of any individuals.
According to the Telegraph, the unidentified individual was given a two-week suspended sentence after talking to a lawyer about whether he would take the case. A U.K. politician commented on the situation saying:
"What we have, therefore, is passenger vessels trundling around the world with potentially toxic substances being released into the tanks. One of those who worked on the tanks collapsed as a result.
From a health and safety point of view, we want to think that the water we are drinking is safe and that it will not cause health problems. The difficulty in this case is that we do not know.
What we do know is that corporations used the massive force of the law to gag an individual and truss him up so much that he could not really challenge the process."
The article does not mention who obtained the gag order. Did a cruise line use the "hyper-injunction" to suppress information from a former employee?
Does anyone have information about this? Please leave a comment below.
November 13, 2011 Update: Looks like NCL and Royal Caribbean cruise ships contained the paint in question. The terminated paint inspector was Brian Bradford. You can read about the new information here.
There is no question that drug smuggling on cruise ships is seriously on the rise.
Today my perception of the extent of the problem can into focus when I read the highly respected maritime source Lloyd's List's report on the problem of drug smuggling on cruise ships. In an article entitled "Drug Crimes Linked to Cruiseships Soar 52%," Lloyd's List stated:
"UK based Serious Organised Crime Agency (SOCA) told Lloyd’s List there had also been a sharp increase in drug smuggling on cruise ships, which prompted it to issue a specific alert to cruise lines. SOCA said that despite its alert, cruise operators are down playing the problem and continue to rely on existing security measures to deal with the problem. The upsurge appears to be linked to professional drug gangs increasingly targeting cruise vessels. According to the law enforcement agencies, drug gangs have turned to cruise ships because drug enforcement agencies have worked hard to stifle smuggling routes using yachts, fishing boats, cargo vessels and aircraft. The gangs now see cruise ships as alternative vehicles for carrying drugs."
The statistic that blew me away was that the number of drug crimes detected in the US linked to cruiseships increased last year to 663, according to figures obtained by Lloyd’s List from the US Border Agency!
The presence of such large quantities of drugs on cruise ships reflects several problems with the cruise industry:
(1) The notion that cruise lines perform background checks on their employees is a joke. The fact of the matter that some of the waiters, bartenders, and cabin attendants serving your family during the cruise are drug smugglers.
(2) The cruise lines are more skilled at catching passengers who try to smuggle a bottle of Chardonnay wine aboard, than they are guarding the ship entrances for drug-smuggling crew members and large amounts of provisions loaded by fork lifts. There are simply not enough security guards aboard cruise ships. The cruise industry knows it. The reality is that cruise lines are more interested in making money selling booze and confiscating wine and alcohol brought aboard by passengers than intercepting large quantities of cocaine smuggled by their own employees.
(3) The presence of professional drug gangs presents a huge risk of violence against passengers and crew members who see suspicious drug-related activities on the cruise ship. It is easy to get tossed overboard if you see something you shouldn't have seen.
The cruise line's CCTV cameras never seem to work when this happens.
The Jamaica Observer is reporting conflicting stories about a large drug bust on a cruise ship in Montego Bay yesterday. The cruise ship had sailed from Columbia.
In one article, the newspaper reports that 50 pounds of cocaine valued at over one million dollars (U.S.) was seized yesterday from a cruise ship in Montego Bay Jamaica. 22 pounds of cocaine was found strapped to a passenger. The passenger was identified as Ricardo Chin. Another 28 pounds of coke was found in a suitcase in a cabin occupied by another passenger. It is less than clear whether there is a connection between the two passengers
Yet in another article, the Observer reports that Royal Caribbean says authorities in Jamaica have detained two crew members from one of its cruise ships after they were found with cocaine when the ship was docked in Montego Bay. The cruise line says in a statement that customs officers found 18 kilograms (40 pounds) of the drug on one of the crewmen and 15 kilograms (33 pounds) in the cabin of another crew member on Royal Caribbean Grandeur of the Seas.
Drug busts on Royal Caribbean cruise ships have been a common occurrence lately:
ABC Nightline has posted the video of its program last night regarding the sexual assault of a 14 year old girl on the Carnival Freedom cruise ship. Carnival crew member Hery Krispiyanto raped the child during a cruise in 2009.
Tonight, ABC's Nightline will cover the story of a 14 year old child who was sexually assaulted by a Carnival crew member aboard the Freedom cruise ship.
Hery Krispiyanto, age 30, from Klitren, Yogykarta (Indonesia) worked aboard Carnival's Freedom as a bartender. The 14-year-old girl, identified only as "Taylor" to protect her identity, was vacationing with her parents during the Carnival cruise which left Fort Lauderdale in April 2009. During the cruise, the minor and her parents became acquainted with Krispiyanto who waited on the family. When the minor was alone on the upper deck of the ship one night, Krispiyanto walked up behind her, grabbed her arm and pulled her into a nearby employee-only room and closed the door, court records disclose.
We have written many articles about the problem of crew members preying on children on cruise ships:
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.
The 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.
Multiple news sources are reporting that another small cruise ship to Antarctica has run aground.
This time it was the Polar Star which was carrying 115 passengers and crew when it ran aground in the Matha Strait, on its way back to Argentina. Rescue workers based at the Chilean port of Punto Arenas were evacuating the ship, which left the port of Ushuaia (in southern Argentine) last week with 80 passengers and 35 crew members.
The passengers reportedly included 32 Americans, 9 Canadians, 14 Britons and 8 Australians.
The International Association of Antarctica Tour Operators (IAATO) released a statement indicating that the cruise ship suffered a hole in the outer hull, with the inner hull intact.
There have been a number of mishaps on cruises to and from Antarctica recently, with several groundings and one horrifying trip with extreme weather:
Cruise Law News has been contacted by two passengers this weekend, inquiring about a serious accident which occurred on the Oasis of the Seas. The passengers are describing the incident as occurring during a crew fire drill while the cruise ship was at the port in Cozumel last Thursday, January 27th. A crew member was badly injured and taken from the cruise ship by a medical team.
The captain of the Oasis made a number of announcements indicating that the crew member was in critical condition and underwent surgery.
If you were you on the cruise and have pertinent information, please feel free to leave a message below.
January 29, 2011: We received information that the accident occurred "during the mandatory drill an oxygen tank cracked and hit a crew member on the head. Safety officer broke his leg."
January 30, 2011 Update: a passenger comments below that a defective oxygen tank used during the fire drills 'took off like a rocket' and hit the crew member in the head and he was taken to Miami for emergency medical treatment.
January 31, 2011 Update: a cruise insider informs us that the Royal Caribbean crew member died on January 29, 2011.
NBC - 2 News reports that Carnival Cruise Line's Valor cruise ship rescued three Floridians (and their cat) just 12 miles off the coast of Cuba around 2 p.m. yesterday. The motor boat was ownded by Wes Demott of Naples. A Carnival cruise ship came to the rescue. One of the passengers, Carl Ray, recorded the rescue. The two other passengers were from Fort Myers and Port Charlotte.
Carnival issued the following statement:
On January 22, 2010 at approximately 2:00 p.m. the Carnival Valor engaged in the rescue of three U.S. citizens and a cat, after receiving a distress call from a nearby small craft vessel. All three individuals and the cat were brought onboard. According to the individuals rescued they departed Key West on January 20, and were headed towards the Mexican Yucatan Peninsula. The Carnival Valor was returning to the Port of Miami from a seven-day Caribbean cruise and arrived as scheduled at the port earlier this morning.
Consider this massive public relations failure by this cruise line:
After this couple's cabin was flooded by a busted water pipe, Royal Caribbean Cruises refused to refund any portion of the cruise fare - instead offering only a 50% on a future cruise. This was the couple's first vacation after the husband served in the Iraqi War. Royal Caribbean, which has the most obnoxious PR department in the world, issued the understatement of the year: "We . . . sincerely regret if we did not satisfy their expectations."
We have heard gobbledygook like this from Royal Caribbean before.
The Army vet responded: "You guys promise a vacation of a lifetime . . . but you've given up on us and not tried to help us out."
WHDH Channel 7 in Boston reported that the couple described the flood as a "torrential downpour" from the ceiling.
Do you ever wonder why cruise lines like Royal Caribbean have bad reputations?
Update: It turns out that this is on Royal Caribbean's Freedom of the Seas two weeks ago. Here is a video on Facebook from one of the passengers on the cruise ship. The couple was apparently upgraded to another cabin, but no refund. Just the 50% off in the future.
If you like this article, consider reading other articles about the various ways that the cruise industry has ruined its reputation with its counter-productive crisis management philosophy:
In the last couple of weeks we have reported on a Royal Caribbean drug ring smuggling large quantities of heroin and cocaine on the Enchantment of the Seas cruise ship into Baltimore from the Caribbean islands. The cruise line's spin? Drug running is rare. Our take - its business as usual.
So here we go again.
The Royal Gazette newspaper in Bermuda reports that a Royal Caribbean waiter was found guilty yesterday of conspiring to import more than $424,000 worth of cocaine into Bermuda.
Jamaican crew member Ricardo Stewart (photo left and below) from Ocho Rios allegedly masterminded the drug operation, conspiring with fellow crew member Adrian Morris and others to import the cocaine to Bermuda on Royal Caribbean's Explorer of the Seas.
The newspaper reports that the plot fell apart after packages containing almost 4 kg of cocaine were found hidden under a chair in the cruise ship’s disco, of all places.
The drugs reportedly had an estimated street value in Bermuda of between $424,500 and $735,375, depending on how it was sold.
Kelnile Bushay, another Royal Caribbean crew member arrested during the investigation, stated that passengers would take the drugs on and off the cruise ship, "with crew members stashing the drugs around the ship while the vessel was traveling between destinations."
One of the problems we have discussed in prior blogs about Royal Caribbean crew members smuggling drugs is that some of the low paid cleaners are paid less than $600 a month (working over 360 hours a month) and are easily pusuaded into making some quick cash. In this case, Adrian Morris, a Jamaican father-of-two, was allegedly recruited by Stewart "told the jury he earned $565 per month for his legitimate work as a cleaner. However, Mr. Stewart offered him $1,500 to move a bag of drugs around the ship."
Is it any surprise that Royal Caribbean crew members making only $565 a month are enticed to supplement their income smuggling some smack and blow?
The following is a press release from Hess Marketing on behalf of the Fowler Rodriguez law firm:
Fowler Rodriguez Valdes-Fauli, an internationally recognized maritime law firm obtained a $24 million dollar verdict for Carnival Cruise Lines against Rolls-Royce. Rolls Royce was found guilty of fraud by a unanimous jury. Rolls Royce marketed its Mermaid pod propulsion system to Carnival for operation on their largest and most prestigious ship, the Queen Mary II. The jury found that at the time Rolls Royce presented its pod to Carnival, Rolls-Royce knew that the pod was defective and not fully developed.
Lead counsel for Carnival, George Fowler, argued that Rolls-Royce rushed into the market to defeat their competitors and sold an untested product that failed throughout the cruise industry. Furthermore, Fowler argued that Rolls Royce made money not only on the sales of the pods, but each time the bearings on the pods had to be replaced. He argued that Rolls Royce refused to pay for any of the replacement costs and made money off the repairs, which forced Carnival
to file suit.
In his opening statement, Fowler expressed surprise as to why Rolls Royce would allow this matter to go to trial. When the case was over, the judge and jury echoed Fowler’s initial concerns. The judge said the jurors asked her why the case ever went to trial. “The first question they had was why didn’t these people settle when they have to work together,” she said. U.S. District Judge Patricia Seitz said she saw the trial possibly as a “bellweather for lawsuits” filed by other cruise lines that found fault with Rolls-Royce’s pod system.
At trial, Rolls-Royce argued problems with Carnival’s propulsion system were isolated incidents and that the Mermaid pods were not faulty. However, Carnival demonstrated that four sets of bearings were replaced on four pods from 2003 to 2008. A Carnival witness testified that the pod was so poorly engineered that the bearings could be made out of kryptonite and still be rendered useless. Rolls Royce also argued that Carnival knew they were purchasing a risky, developmental
product when they purchased the Mermaid pods.
Micky Arison, the Chairman of Carnival Corporation, testified at trial that the notion that he would take a risk on one of his company’s most prestigious ships was ludicrous. He had trusted and relied on Roll-Royce’s assertions that the pods were going to function properly; he said he took people at their word and did his business deals “on a handshake.” When asked by Rolls Royce counsel, the well-known criminal lawyer, Roy Black, whether he considered himself a “shrewd” businessman, Arison made the courtroom chuckle. He responded that he preferred to be considered a good scout of basketball talent, alluding to the fact that he successfully recruited Lebron James to his winning Miami Heat basketball team.
Arnaldo Perez, Carnival Corporation’s General Counsel, explained that Carnival had trusted in the Rolls-Royce brand and its claim that the Mermaid pod was a “proven, well-tested product.” It was a highy contentious case that took nearly three weeks to try. Fowler and Black each took two hours for their closing arguments.
Similar problems on other ships in the Cruise industry:
In 2003, Fowler Rodriguez Valdes-Fauli filed suit on behalf of Royal Caribbean Cruises and Alstom Power Conversion after the Mermaid pods forced four Celebrity ships out of service on multiple occasions. The case never went to trial. Almost a year ago exactly, on January 11, 2010, Royal Caribbean and Rolls Royce reached a confidential settlement on the courthouse steps. At a celebratory dinner following the settlement, Richard Fain, the Chairman and CEO Royal Caribbean, presented Fowler Rodriguez Valdes-Fauli with a beautiful model ship as a token of their appreciation.
Last month, Fowler Rodriguez Valdes-Fauli filed suit on behalf of Crystal Cruises alleging similar Mermaid problems on the Crystal Serenity.
Co-counsel for Carnival, Antonio Rodriguez, said, “We are very pleased with the jury and their decision. This was an important case for Carnival and it was made possible by the international firm’s personnel functioning as one team.” Mary Hoelle, Frank Quesada, & Michael Rosen, from the firm’s Miami office, acted as trial attorneys in support of the firm’s lead counsel from New Orleans, Messrs. Fowler and Rodriguez. The support team also included attorneys A.T. Chenault, Michael Harowski, Cristi Fowler Chauvin, Luis Llamas, Sara Weber, & Thomas Oppenheimer.
Federal and local agents with K-9 dogs raided the MSC Poesia earlier this week looking to arrest passengers with drugs.
The Orlando Sentinel reports that officers from U.S. Immigration and Customs Enforcement, the U.S.Marshals Service, the U.S. Drug Enforcement Administration, and the Broward Sheriff's Office participated in the raid.
The raid targeted the cruise ship right at Port Everglades in Fort Lauderdale before it sailed with music fans on its Jam Fest cruise around the Caribbean. The raid resulted in the arrest of some passengers and the seizure of small quantities of pot, mushrooms, hash oil, LSD, Ecstasy, and prescription drugs as well as unspecified drug paraphernalia.
It sounds like this was a raid targeting the music fans on the belief (hope) that they brought drugs aboard for the Jam Fest cruise. But it sounds like the seizure was just small amounts of recreational drugs.
The real problem with drugs on cruise ships is when crime cartels use cruise ships to smuggle large quantities of cocaine and heroin. Early this week a story broke indicating that "Drug Gangs Target Cruise Ships." The article mentioned that that "gangs are placing couriers on board ships, and also attempting to corrupt crewmembers, in order to bring in "multi-kilo loads" of drugs." Eight eastern Europeans were recently sentenced in England after being convicted of attempting to smuggle over 75 pounds of cocaine (worth millions of dollars) ashore from the MSC Orchestra when it arrived in Dover from Brazil last year.
As Gadling points out, all the DEA and drug sniffing dogs accomplished during the overblown raid on the Jam Fest cruise was to make sure that there would be no high times on the high seas . . .
A newspaper in Belize is reporting that a 21 year old cruise passenger went overboard from Royal Caribbean's Liberty of the Seas cruise ship and disappeared today.
7 News Belize reports that the passenger went overboard from the 12th deck of the cruise ship. The passenger's family noticed that he was missing around 9:00 a.m. this morning. When the young man could not be located on the ship, the crew reviewed video from the security cameras that showed him going overboard from the twelfth deck of the ship at 3:25 am. The article indicates that is is unclear whether the passenger jumped or fell.
This is a story which has not been reported in the mainstream press, yet. It is highly unlikely that the young man jumped as speculated by the media in Belize. Was he over-served alcohol, which would reflect negligence by the cruise line? Was there evidence of foul play, again not likely but to be considered.
A pro-cruise website "Cruise News Daily" has a few sentences on the incident which seems to be based on the Belize newspaper. But the website claims that "a review of the ship's security cameras found footage of the man climbing over the railing on Deck 12, and then letting go." There is no reference to a source for this allegation.
Does someone on the cruise have information regarding this sad story?
January 7, 2011 Update:
A radio station in Belize has the following information regarding this incident:
"Search efforts for a missing cruise ship passenger were halted today as the Port Authority of Belize and National Coast Guard Service were given directives to discontinue their efforts. 53-year-old Puerto Rican Margarita Sandini Tello reported that her son 21-year-old Jose Miguel Pietri Tello was missing off the cruise ship, Liberty of the Seas. Surveillance cameras showed the young man jumping or falling off the twelfth deck of the ship shortly after three thirty on Wednesday morning. The family of the twenty one year old reported to cruise personnel that they noticed that he was missing around 9:00 on Wednesday morning and when he could not be located on the ship, the crew reviewed video from the security cameras. The Belize Port Authority along with the National Coast Guard were called in to search for the body as the incident occurred in Belize waters . . . "
A newspaper in Belize contains a quote from the local police that “video footage was obtained where it was observed that Jose [Jose Miguel Pietri Tello, 21, of Puerto Rico] jumped off the Royal Caribbean Cruise Ship at 3:38 a.m.”
January 9, 2011 Update:
Passengers from the cruise ships are indicating that the young man may have been over-served alcohol which resulted in him becoming disoriented and falling from the cruise ship. The Belize translation of events that this young man "jumped" seem bogus. Is this an incident like young cruise passenger Daniel DiPiero who was over-served alcohol and disappeared from Royal Caribbean's Mariner of the Seas after being over-served alcohol?
January 19, 2011 Update:
We received a number of comments (below) emailed from a "Joe" using a hotmail email account. The comments are the usual its-a-matter-of-personal-responsibility rather than corporate responsibility type of thing. Very disrespectful. We have determined, 100%, that the comments came from a computer at Royal Caribbean. Is it a PR person or someone in a position of management? Or a misguided employee? We don't know, but we know the comments came from Royal Caribbean. Pitiful than a cruise employee uses an alias and a bogus hotmail account. Only at Royal Caribbean does this foolishness occur.
February 9, 2011 Update:
The Spanish Univision TV station aired an exclusive story on its "Primer Impacto" program with interviews of the surviving family and clips from the closed circuit television (CCTV) images from the cruise ship. You can watch the video below. Here is part one of "Primer Impacto:"
Part two of "Primer Impacto" can be viewed here. Don't forget to leave your coments below:
Several newspapers in California are reporting that the FBI arrested a crew member aboard Celebrity Cruises' Constellation on child-pornography charges after the cruise ship arrived at the Port of San Diego.
According to the Union Tribune newspaper in San Diego, Amado Nicholas Hernandez, age 31, was employed by Celebrity Cruises as an audiovisual manager and provided onboard guest-entertainment services.
Hernandez was arrested after he apparently abandoned his computer which was subsequently purchased at an estate sale. The computer reportedly contained 450 photographs and about 250 video files of child pornography portraying a total of 44 different victims. The computer contained information which permitted the FBI to trace the pornography back to the crew member.
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.
The issue of child predators and crew members with child pornography on cruise ships is something we have written about frequently. It's not an isolated problem:
Today, two stories broke about cruise ship crimes issues.
The first story involved three Royal Caribbean crew members arrested for trying to smuggle drugs into Baltimore from the Dominican Republic via Royal Caribbean's Enchantment of the Seas cruise ship. We have written a lot about passengers and crew members using cruise ships to smuggle drugs. Earlier this year, passengers were busted for smuggling drugs on the Enchantment of the Seas. Just last October, U.S. Customs officers seized cocaine and heroin aboard another Royal Caribbean cruise ship, the Serenade of the Seas, when the ship was docked in San Juan, Puerto Rico.
According to the Baltimore Sun, the latest drug deal involved three Royal Caribbean crew members - 35-year-old Gavin Excell and 27-year-olds John Swart Garth and Kishurn Neptune - who picked up heroin and cocaine in the Dominican Republic during a stop of the Royal Caribbean's Enchantment of the Seas. Law enforcement arrested them after they delivered the drugs to a Walmart after the cruise ship reached Baltimore. The crew members are identified as working in the galley of the cruise ship.
The second story involved the FBI announcing that they have closed the investigation into the disappearance of cruise passenger Jennifer Ellis-Seitz, age 36. Ms. Ellis-Seitz went overboard from Norwegian Cruise Line's Pearl on Christmas Day in 2008.
Two years ago Ms. Ellis-Seitz had cruised on a seven-day trip aboard the NCL cruise ship to celebrate her first wedding anniversary with her husband, Raymond Seitz Jr., Her mother also cruised with them. By the time her husband reported her missing, there was an 8 hour delay. The Sun Sentinel newspaper reports that NCL searched the cruise ship for three hours before calling the U.S. Coast Guard. A subsequent review of the cruise ship's surveillance video revealed her going overboard from the balcony of the couple's cabin.
There were many accounts in the media of suspicious circumstances surrounding the disappearance, including the NBC Today show carrying a story "Missing Woman’s Husband Acted Odd, Passengers Say." The FBI was photographed inspecting the balcony where Ms. Ellis-Seitz went overboard.
But like most suspicious disappearances, the FBI investigation went nowhere.
The newspaper indicates that the FBI concluded its investigation with "insufficient evidence to prove any crime was committed," according to FBI agent Michael Leverock.
A newspaper in Connecticut is reporting that a 59 year old passenger fell while disembarking a Princess cruise ship in a Caribbean port and injured his neck. After being flown by air ambulance to Miami, the passengers died due to complications during surgery.
The incident occurred on December 14, 2010, when Timothy Scheibel sailed with his wife to the island of Bonaire on a cruise ship operated by Princess Cruises of Santa Clarita, California. Although the name of the cruise ship is not revealed, it appears that the Scheibels were sailing aboard the Emerald Princess.
This is the third death this week involving passengers falling on or from cruise ships, one yesterday involving the MSC Orchestra and one last weekend involving the Sea Princess.
The Scheibels resided in a retirement / golf community in central Florida called "The Villages," having relocated from Connecticut to Florida in 2004. Mr. Scheibel worked as a financial adviser. The cruise was to celebrate Mr. Scheibels' 60th birthday.
December 23, 2010 Update:
We received a comment (below) from Princess Cruises indicating that the passenger fell "ashore in Bonaire," not while disembarking the cruise ship. The story we linked to above reports that the accident occurred "while stepping off a cruise ship . . . while the ship was docked at the island of Bonaire . . . " We apologize for the erroneous information if the accident occurred ashore as Princess clarifies.
A newspaper in Brazil is reporting that a young man, age 19, died after "falling" from the MSC Orchestra cruise ship, anchored in Ilhabela, in the northern coast of São Paulo in the early morning hours today. The Federal Police of San Sebastian is investigating the incident.
Although MSC Cruises released a statement that it will wait for an official report, the cruise line is already blaming the passenger.
In a statement to the press, MSC Cruises said that it regretted the incident with the guest, but added that "Initial reports state that the victim acted recklessly, putting themselves in a situation of high risk and dangerousness." There is a reference in the cruise line statement to the passenger being in a "banned" location on the cruise ship.
The fall apparently was from the 14th deck of the ship. "He was rescued from the sea, but succumbed to his injuries and died, " the statement said.
The company said it took "all necessary action and is providing full support and solidarity to the family."
Where you on the cruise and have information to share? Please leave a comment.
I have been critical of Royal Caribbean's PR skills over the years, thinking that this particular cruise line's credibility is at the bottom of the cruise industry. So when RCCL announced after the terrifying storm which rocked the the Brilliance of the Seas and injured its passengers that the cruise ship "had full power and was operating as normal" and that no passengers were "seriously injured," I thought here we go again - another misleading PR statement.
RCCL has pulled this stunt time and time again, quickly issuing misleading statements in the hope that the media will quote its carefully crafted misinformation and then the story will quickly blow over.
This strategy didn't work with the Brilliance storm story. The storm was too big. And the damage to the ship's interior and to the passengers' psyche were too extensive.
Multiple media sources revealed that the ship was clearly not operating "as normal." The ship was a complete mess. Televisions were ripped from their mountings lying broken on the floor, glass shattered everywhere, furniture tumbled and passengers were thrown like rag dolls throughout the ship which looked like a bomb had exploded inside.
Royal Caribbean couldn't sweep this one under the rug. The national networks - ABC, CBS, and NBC - featured dramatic photographs and video taken by passengers aboard the cruise ship. Dianne Sawyer's news show earlier this week revealed the terror aboard the Brilliance as it was rocked and rolled off of the coast of Egypt in the middle of the night. ABC ran a story that the passengers were "in revolt." AOL News and USA Today ran stories that over 100 passengers appeared in the ship infirmary for injuries.
Royal Caribbean's everything-is-okay PR statement was overwhelmed by the power of YouTube where passengers on the cruise ship post videos and photos of the spectacle for the world to see. The discrepancy of what these photos (below) showed versus what the cruise line said magnified this cruise line's lack of transparency.
Royal Caribbean finally acknowledged that the incident was indeed "serious" and some passengers were seriously injured (broken bones). Royal Caribbean also agreed to reimburse the entire cruise fare for all passengers and provided an onboard credit.
Captain Hollywood To The Rescue
The cruise line then called on its Vice President of Marine Operations, William Wright, to appear before the media and answer questions about what happened.
Captain Wright flew from Miami to Valletta Malta and was ready when reporters began to interview the Master of the Brilliance, Captain Erik Tengelsen, who has a reputation for being honest and forthright. Captain Tengelsen was at the helm when he was trying to outrun the storm into the crowded port of Alexandria. He knew there was a storm on his tail, but when he slowed down at the port in Egypt, the stabilizers lost their effectiveness. The cruise ship was a sitting duck.
When Captain Tengelsen told the reporter that the incident was "horrific" and that he knew that a storm had forecast to blow to 45 knots and then gusted to 50 to 60 knots, Captain Wright saw danger brewing. He quickly interjected that "Mother Nature is fickle" and the weather must have been a surprise. (see video below) Clearly, Captain Wright had been sent to baby sit the ship and make certain no damaging PR statements with legal implications were made by the vessel's officers. He shut Captain Tengelsen up and took over the show.
Royal Caribbean also produced a short YouTube video back in its Miami corporate office. Wearing a friendly open collar and sweater with palm tress swaying behind him, Captain Wright provides a reassuring and calming cadence to bring the public's focus away from the horrific storm off of Egypt. No real information as usual, but a nice relaxing video to calm everyone down.
Many in the media loved it. A very popular cruise blog in the U.K, picked up on the feel-good vibe and Royal Caribbean pulled off a PR comeback with "Full Refund for Brilliance Passengers."
A Seasoned Media Pro
This is not the first time that Captain Wright has been used as a PR ploy for the cruise line. He was the media star for Royal Caribbean following the last high profile incident involving the Brilliance of the Seas.
Our firm was first introduced to Captain Wright when he was pushed to the front of a PR war our firm was engaged in following the death of George Smith during his honeymoon cruise on this very cruise ship, the Brilliance of the Seas, in July 2005. We represented Mr. Smith's widow. The cruise line wanted the public to think that her husband's disappearance was just an accident, whereas many thought that Mr. Smith met with foul play. Royal Caribbean handled the circumstances after George Smith's death badly. It paraded a number of employees from its corporate communications, human relations and security departments in front of the cameras to carry the Royal Caribbean "its-just-an-accident" message - only to see them flounder before the cameras.
Finally, Royal Caribbean settled upon Captain Wright to appear regularly on the cable news shows. I nicknamed him "Captain Hollywood" given his tall stature, good looks, deep voice, and dramatization of the cruise line's talking points. He was was a natural before the media. Captain Wright appeared regularly on Greta van Sustern's show on Fox "On The Record." The cruise line also picked him to fly to Washington D.C. to conduct media interviews during the Congressional hearings for the past five years into the investigation into cruise safety and security issues.
But cruise lines like Royal Caribbean are still a long way behind the curve in matters of social media. For example, around 15,000 people looked at "Captain Hollywood's" video - compared to around 290,000 people who viewed a video on our Cruise Law's YouTube page of a cruise ship facing rough weather in Antarctica.
Royal Caribbean still has problems handling its PR matters. Its first inclination is not to tell the truth. It tends to minimize the seriousness of serious life threatening incidents when honesty would serve it best. It finally has a blog by its President Adam Goldstein, and it finally is using YouTube, although both its blog and YouTube pages lag far, far behind the popularity enjoyed by this blog and our YouTube page. The cruise line still does not integrate Facebook, Flickr or, my favorite, Twitter, into its social media.
Instead, its media strategy is to simply issue the same old tepid "everything-is-just-fine" PR statements. When that doesn't work, it sends Captain Hollywood to the scene to reassure the faithfuls that everything is okay.
When the next disaster strikes a Royal Caribbean ship, look for Captain Hollywood to fly in from Miami and announce on YouTube that the cruise ship is safe and sound.
Credits:
Photos of damage to Brilliance of the Seas - MailOnLine
The U.S. Coast Guard evacuated a 46 year old passenger from a cruise ship in the Gulf of Mexico following a fall on Saturday.
Passenger Andrew Spicer was aboard Holland America Line's Ryndam cruise ship when he was reportedly injured. The cruise was roughly 120 miles southwest of St. Petersburg when the Coast Guard helicopter arrived around 8:00 p.m. Mr. Spicer was taken to Tampa General hospital.
On Friday, a Coast Guard rescue helicopter crew medevaced a 16 month old girl and her mother off the Norwegian Gem cruise ship approximately 245 miles south of Cape Lookout, North Carolina. The infant was suffering from upper respiratory tract infection and respiratory distress.
Our U.S. Coast Guard serves an important function of transporting sick and injured passengers to emergency medical facilities ashore. Earlier in the week we discussed the medical and legal implications of cruise medevacs in U.S. Coast Guard Rescues Sick Teenager from NCL's Jewel.
Where you on any of these cruises? Do you have photos or video to share? Please leave a comment . . .
The United States Coast Guard crews medevaced an ill thirteen year old from the Norwegian Cruise Line (NCL) Jewel cruise ship near Cape Hatteras, North Carolina on Saturday.
The boy had symptoms of acute appendicitis. The Coast Guard lifted the boy and his mother from the deck of the Jewel and flew them to Sentara Norfolk General Hospital.
This is the type of story which we have reported on frequently. Medical rescues like this are a regular occurrence when there is a medical emergency and the cruise ships are within the range of Coast Guard helicopters. As I have said many times, a cruise ship is one of the last places on earth you want to be if you have a serious medical issue.
One of the most infamous involving appendicitis aboard a cruise ship is Carnival v. Carlyle. A family from Michigan sailed on Carnival's Ecstasy when 14 year old Elizabeth felt ill with abdominal pain. The family took their daughter to the ship infirmary. The foreign trained doctor repeatedly told the family that the child had only the flu. When the family returned home, a qualified doctor diagnosed a ruptured appendix and infection, but due to the delayed diagnosis and treatment the young girl was rendered sterile.
Carnival defended the case by claiming that it was not responsible for the malpractice of "independent contractors." The cruise line and the cruise industry fought the case for a decade and finally won before the U.S. Supreme Court. The bottom line? The family went on a family cruise vacation and their daughter returned home sterile due to the gross negligence of the Carnival ship doctor. After ten years of litigation, the young girl received nothing.
So when I see a helicopters picking up a sick kid off of a cruise ship, I know that one parent's prayers have been answered. They will not have to suffer like the Carlyle family from Michigan.
So, thanks to the the U.S. Coast Guard!
The medevac was filmed by a passenger, Allan, aboard the Jewel:
CBS News is reporting that a "ferocious winter storm" pounded Royal Caribbean's Brilliance of the Seas as the cruise ship was heading into port in Alexandria, Egypt yesterday.
Hurricane force winds and thirty foot waves caused the ship to roll violently. Passengers complained of furniture and beds being tossed around. Cruise Critic contained this account from a passenger:
Horrid rollovers at sea approaching Alexandria an hour ago at 2 am. Thrown from bed + nearly pinned between bed that was wildly rolling to the walls and balcony slider -- with upended furniture + broken glass everywhere. Feet cut as we tried to get out of room, and badly bruised, but glad to be alive. Very sore. Very scary . . . Worse as we're up on deck 10. Couldn't quite make it to Alexandria, but don't know where we"re going - and it's still very bumpy and terrifying.
The popular U.K. cruising blog "Captain GreyBeard" reports "30 Hurt As Storm Batters Brilliance." However, Royal Caribbean's PR department downplayed the incident, indicating that the cruise ship "had full power and was operating as normal" and that no passengers were "seriously injured."
The Brilliance bypassed Alexandria and is now sailing to Valetta, Malta.
The spectacle of the Clelia II cruise ship (photo below left) bouncing around by big waves and howling wind as it was trying to make its way back to Argentina from Antarctica continues to capture the attention of the American public this week. The video of the stricken vessel on our Cruise Law's YouTube page has been viewed over 225,000 times in the last few days.
Unlike the images of Carnival's disabled-by-a-engine-fire Splendor cruise ship drifting peacefully off of the coast of Mexico several weeks ago, the photographs and video of the Clelia II show the violence of the Antarctic waters and provide a glimpse of the terror these cruise passengers must have been experiencing. Today USA Today's popular cruise blog, Cruise Log, carries the headline "Passenger on Storm-Tossed Cruise Ship Describes 'Terrifying' Ordeal."
A Near Death Experience?
The Philadelphia Daily News reports a passenger's account of the little cruise ship "violently shaking and twisting," with winds reaching 100 mph and waves 30 to 40 feet high. "I thought this was it," he said. "I never came so close to cashing it in." The passenger contemplated what would happen if the ship went down: "they'd never find the bodies. You couldn't even think about putting out lifeboats in that sea."
Blame Game
Who is responsible if one of these small expedition vessels sinks in the waters of Antarctica? The Clelia II ran into a bit of trouble a year ago when it scraped its hull on some underwater rocks. In November 2007, another expedition cruise ship, the Explorer (photo below right), sank in Antarctica and the passengers bobbed around in lifeboats. We discussed these events in an article earlier this year. Fortunately, the weather and seas were calm when the Explorer sank, and all passenger and crew membersescaped with their lives. But if the Explorer had faced rough weather or if the Clelia II needed to be evacuated earlier this week, the consequences would have been disastrous.
Shell Game
When things go wrong in the freezing waters of Antarctica, one thing is certain - the ship operators, tour organizers, and travel companies begin to squirm.
When the initial reports of the plight of the Clelia II began to emerge, numerous news sources reported that the cruise ship was operated by Polar Cruises of Bend Oregon, including CBS' Early Morning Show. Polar Cruises' website represents on its web site that it vets the cruise ship and participates in the voyages and it seems (to me at least) to indicate that it controls and manages the Clelia II, all factors to be considered in determining the issue of the operation of the vessel. Its website is silent (except for a disclaimer added two days ago) regarding the identity of the owner or operator of the cruise ships it promotes on its site.
Polar Cruises - Not Us
When the story broke, Polar Cruises called and emailed us insisting that it did not operate the cruise ship. It left a comment on this blog indicating that it was just a "specialized travel agency" - a phrase never used on its own web site. It identified Travel Dynamics International as the operator and a Greek company, "Helios Shipping" of Piraeus, Greece, as the vessel owner. The International Association of Antarctica Tour Operators (IAATO), a trade organization promoting the Antarctica tour operators, also subsequently identified Travel Dynamics as the operator of the Clelia II.
So is Travel Dynamics really responsible for the cruise?
Travel Dynamics - Read the Fine Print
Travel Dynamics' website, under "Responsibility" in its "Terms and Conditions" section, denies all responsibilities for the cruise and refers passengers to the ticket contract with the undisclosed vessel’s owner / operator which "constitutes the sole, legally enforceable terms of carriage." Travel Dynamics identifies itself only as an agent for the passenger, not the owner or operator, for all transportation. This is just the opposite of what IAATO is telling the public.
Grand Circle Travel - More Fine Print
In addition, a well known cruise community website and publication, Cruise Critic, indicates that the cruise ship had been chartered to another company called Grand Circle Travel. Grand Circle also denies all responsibilities. Its terms and conditions also refer to a separate owner and operator of the cruise ship but - like Polar Cruises and Travel Dynamics - it does not identify who these companies are.
Around and Around We Go
If any of the passengers aboard the Clelia II had been lost at sea, the families of the loved ones would face a hurdle to determine who was legally responsible. Was this a suitable vessel for these waters? Was the weather monitored responsibly? Who actually employs the crew?
The Greek vessel owner would undoubtedly claim that because it is a foreign corporation based in Greece, it is not subject to personal jurisdiction in the U.S. All of the companies which promote the Clelia II and sell cruises may, like Polar Cruises, subsequently claim that they are just travel agencies - notwithstanding far stretching representations to the contrary in their web sites. And all of the cruise defense lawyers would point to the legal fine print which purports to deny responsibility and liability for everything.
Can The Public Trust These Small Expedition Cruise Companies?
The "large cruise ship industry" (Royal Caribbean, Carnival) has faced accusations of a lack of transparency over the years. The problem lies in the disconnect between what the cruise industry says and what the public can readily see to be the truth.
These small cruise operators and their trade organization need to learn a lesson from the big ship owners and operators on what not to do in time of crisis like this.
For example, yesterday Polar Cruises was scrambling to distance itself from being perceived as a cruise operator (which is problematic when you call yourself "Polar Cruises"). It wrote a blog article "Polar Cruises Mistakenly Named as Owner/Operator of Damaged Clelia II." While trying to separate itself from the image of the floundering cruise ship, it still felt obligated to put its own spin on the incident, claiming that the damage was caused by a "rogue wave."
What a whopper! Millions of people have watched the terrifying video of the cruise ship being repeatedly pounded by one large wave after another. Obviously, this was no smooth sailing where a "rogue wave" came out of nowhere.
With questions about who was really operating the cruise, who actually employed the captain and crew, who was monitoring the weather conditions and navigating the vessel, legal mumbo-jumbo buried in fine print, and now a "rogue wave" defense announced by a "travel agency," the small cruise companies are headed into rough waters in the ocean of public opinion.
The partially disabled Clelia II cruise ship is facing extreme weather conditions with 88 U.S. passengers aboard as it limps back to port in Argentina after one of its engines stopped working.
Operated by Polar Cruises, (but see comments below), the Clelia II is a Antarctica explorer vessel with a crew of around 77. The cruise ship experienced limited maneuverability as it was navigating through the Drake Passage to Ushuaia, Argentina some 845 kilometers away. The Buenos Aires Herald reported that the wind was blowing at about 90 km and the weather conditions were harsh.
Other news sources report that engine failed when a wave broke over the bridge of the vesse and smashed windowsl, interrupting communications and causing an electrical outage that reduced power to the port engine.
The Merco Press has an excellent article about the crisis and explains that the Clelia II sent out a distress call and is being aided by another antarctica cruise vessel, the NG Explorer, which relayed the emergency call. The Chilean vessel ATF Lautaro was dispatched to the area to aid the cruise ship however it is located 18 hours from the Clelia II.
The Clelia II departed on a ten day cruise on November 30th. The cruise reportedly costs in the range of $8,000 to $15,000.
This is not the first time this cruise ship faced an emergency. Last December, we reported that the Clelia II was disabled in Antarctica when it ran into some underground rocks. The operator was criticized for not timely reporting the incident and then downplaying the seriousness of the risks posed to passengers.
The video below was filmed by passengers on the National Geographic Explorer.
Were you aboard the Clelia II during this latest incident? Please leave us a comment below.
December 8, 2010 Update:
We were contacted by Polar Cruises who states that it is not the operator of the Clelia II. Before this incident, the Polar Cruises website did not disclose the identity or nationality of the operators (or owners) of the Clelia II. There is now a link at the website to a press release by the International Association of Antarctica Tour Operators (IAATO) which indicates that the Clelia II is operated by "Travel Dynamics International" and owned by "Helios Shipping of Piraeus, Greece."
The news today is filled with stories about a cruise ship which "rescues" rafters adrift in the Atlantic.
What the news reports fail to mention is that the "rafters" were trying to get to Florida. They are probably already back in Cuba pursuant to U.S. immigration policy.
Royal Caribbean’s Monarch of the Seas cruise ship reportedly "rescued" six people who were floating on a raft near the Bahamas.
A passenger on the cruise ship spotted the raft and the ship stopped. As most of the news reports claim, the cruise ship then "rescued" the people on the raft.
An employees of a Houston news station FOX 35 employee (Scott Schroeder) was on cruise ship and reported that the raft looked like "it was a group of tires tied together with green burlap and a makeshift sail."
The make-shift raft had apparently been at sea for 15 days. The Fox employee says the captain of the ship told the cruise ship passengers that there were seven people on board the raft and one of them died.
As tragic as this is, the indignity is that the survivors, probably related in some way to the deceased "rafter," will be deported back to the evil Castro regime in Cuba. If they made it ashore to the U.S. they would one day be raising their children in Miami (God bless them). But if they are "caught" in the water by the U.S. Coast Guard, they will be "deported" / "repatriated" back to Cuba to face, at best, an uncertain future.
Perhaps this is a "rescue' in the minds of the happy-go-lucky cruise passengers and the PR people at the cruise lines, but according to the Cubans in the raft seeking freedom in Miami - they undoubtedly feel that they are screwed.
A temporary power outage on Cunard's Queen Mary 2 in September was caused by the "catastrophic failure of a capacitor and explosion in an 11kV harmonic filter" on the vessel, according to the U.K.'s Marine Accident Investigation Branch (MAIB) which issued a marine safety report yesterday.
On September 23rd, the Queen Mary 2 was approaching Barcelona early in the morning when the vessel lost lights and power, causing the cruise ship to drift off of the coast of Spain. No explanation for the power failure was provided by the Captain or the cruise line.
The explosion near one of QM2's main electric switchboard rooms (photo below) when a capacitor failed and leaking oil sprayed onto high voltage bars, causing a "major arc flash event. The explosion blew the steel door to the room out of its frame! (photo, left) "The blast ... also caused serious damage to an adjoining steel door into the main switchboard room, the stiffeners on the bulkhead of the compartment were buckled, and the steel cover plate on a cross-flooding duct was blown out into the main switchboard room," the report says. "Fortunately there were no personnel in the vicinity."
The reporting of this latest incident raises the issue of the safety of foreign flagged cruise ships, and comes after a string of recent disturbing mishaps.
Earlier in the week, the negligence of Holland America Line permitted a drunk passenger to enter a restricted area and drop an anchor as the cruise ship was underway - Drunk Passenger Drops Cruise Ship Anchor.
Last week, a passenger died on the Carnival Splendor under mysterious circumstances and Carnival added to the mystery by issuing a terse and questionable statement that the death was "medical related" notwithstanding a small army of FBI agents spending the day in the cabin and leaving with bags of evidence - Death on a Fun Ship: What Really Happened on the Carnival Liberty?
And two weeks ago, the cruise industry faced the spectacle of what an engine room fire can due to a new mega ship as the disabled Carnival Splendor drifted around off of the coast of Mexico for the better part of what seemed like forever.
But the cruise industry will never admit that it has a safety problem. Rick Sasso, president of MSC Cruises (USA) and chairman of the marketing committee for CLIA, disagreed with me yesterday in an article about cruise safety issues in Cruise Critic. Sasso said "I challenge people to measure the cruise industry's safety record against any other industry . . . Any critic that says cruises are unsafe -- sorry, it's just B.S."
A newspaper in the U.K. is reporting that three passengers (a mother and her two daughters) aboard Princess Cruises' Sea Princess were diagnosed with exposure to potentially lethal hydrogen sulphide gas due to a leak in their cabin’s air conditioning unit. They hired the British firm, Irwin Mitchell Solicitors, to seek compensation for their injuries. The article "Norfolk Woman, 79, Poisoned On Cruise Liner" indicates that Princess Cruises admitted liability for the gas leak. Here is the article:
"A Norfolk family are still waiting for compensation more than a year after a dream cruise turned into a nightmare when they were poisoned by gas in their cabin.
Sisters Lisa Mills, 51, and Jane Anderson, 55, and their mother Ethel Mills, 79, were traveling aboard the 400-bed Sea Princess to celebrate Lisa’s 50th birthday when they all became severely ill with headaches, sinus pain and sickness.
Towards the end of the cruise, they visited the ship’s doctor and were horrified when they were diagnosed with exposure to potentially lethal hydrogen sulphide gas due to a leak in their cabin’s air conditioning unit.
Owner Princess Cruises has admitted fault for the suffering caused, said the group’s lawyer, Liz Tetzner, a travel law specialist at Irwin Mitchell Solicitors. Now she has urged the cruise operator to work with them quickly to ensure victims have access to the funds they need so that they can put the ordeal behind them.
The family set out on the two-week cruise, which cost just under £2,000 each, from Barbados in October, 2009.
Lisa Mills, who lives in Wymondham and cares for her mother, said: “Within hours of boarding the ship things started to go horribly wrong. To start with, we were really disappointed with the conditions in our cabins as there was an overpowering smell of rotten eggs coming from the air conditioning unit. But that was just the start of the problems and things soon got much worse.
“After just one night we began to feel horrendously poorly, we had unbearable headaches and our noses felt like they were going to explode.”
Despite complaining about the awful smell in their cabin, the family say they were “fobbed off” by staff.
Mrs Anderson, from Southrepps, said: “They just kept not showing any worries about it and we put the illness down to sea sickness. The smell got so bad at night that we were sleeping with the balcony door slightly ajar.”
The family were so worried about their health that they visited the ship’s doctor on the penultimate day of the cruise and were horrified when they were diagnosed with exposure to hydrogen sulphide gas and were prescribed antiemetics and took painkillers. But despite the diagnosis, the ship’s staff did not move the family from their cabin.
Ms Mills said: “I feel we were treated appallingly, especially my mother as she had been unwell prior to holiday, and the break was supposed to help her recuperate but instead she felt even worse when we got back and we are all still suffering symptoms today.”
Lawyer Liz Tetzner said: “The company should provide assurances that lessons have been learned from this appalling incident, and that no other passengers will suffer onboard vessels in the Princess Cruises fleet due to inadequate standards of health and safety.”
Cruise Law News (CLN) has been cited by lots of newspapers and television stations in the last year. But today I was excited to learn that OpenSecrets.org (Center for Responsible Politics) cited CLN in its blog article about the Carnival Splendor ship fire.
OpenSecrets.org is one of my favorite websites. It is a nonpartisan watchdog organization which tracks money’s influence on U.S. elections and public policy. It shines light on who is funding politicians and the effect of money on the government formulation of policy and laws which affect all of us.
"News stories continue to trickle in on the nearly disastrous Carnival Cruise voyage that safely embarked in San Diego on Thursday. After an on-board fire disabled the ship, passengers were forced to live two days without the promised luxuries of a Carnival Cruise ship. Fortunately, no one was injured in the fire. The recent fire brings to light the not altogether uncommon occurrence of fires on cruise ships, an event that has made the news more than a few times in recent years. Employees of the parent company of Carnival Cruise Lines, the Carnival Corporation, have contributed modestly during the recent 2010 election cycle -- donating only about $317,600 to federal candidates and committees. And the Carnival Corporation itself has spent only $90,000 on lobbying in 2010, with legislative targets including H.R. 802, the Maritime Pollution Prevention Act of 2008 and H.R. 6434/S. 2881, the Clean Cruise Ship Act of 2008. With the media firmly focused on this nightmare voyage, legislators may turn towards the issue of cruise safety but until then, comedians will continue to rib the harrowing experiences of this cruise."
The article also linked to David Letterman's "Top 10 Things You Don't Want to Hear While You Are Stranded On A Cruise:"
The Smoking Gun reports that a drunk passenger aboard the Ryndam cruise ship, operated by Holland America Line (HAL), released the vessel's anchor as the cruise ship was returning to Tampa from Costa Maya, Mexico.
Under the category "drunk, stupid, crime," the article identifies the intoxicated passenger as Rick Ehlert, age 44, from Thousand Oaks, California.
The Smoking Gun website contains an affidavit from a FBI agent who noted that a subsequent review of the ship's surveillance video showed cruise passenger Ehlert releasing the anchor around 5:30 in the morning while wearing the same clothing he was photographed in Friday while attending the ship’s formal night.
Ehlert was arrested on felony charges of attempting to “damage, destroy, disable, or wreck a vessel.”
Its a pity that cruise ships have such poor security with so much alcohol aboard the ships. How can a single and very drunk passenger release a anchor without anyone noticing? Doesn't the security personnel monitor the surveillance cameras? Shouldn't the anchor be locked? I would love to take a look at this passenger's bar bill and see how much money HAL collected serving Mr. Ehlert booze on the night in question.
LOS ANGELES (Nov. 28) -- Missing persons. Assault. Child molestation. Rape. Death. Those are some of the extras the cruise ship lines don't tell you about.
The industry suffered a black eye for the recent nightmare cruise aboard the Mexico-bound Carnival Splendor, but that's just a small sampling of the safety issues plaguing one of America's favorite vacation modes, victim advocates say.
All sorts of dangerous incidents happen on ocean liners. But beginning next year, portions of a new federal law will give the FBI authority over crimes that occur on ships that have docked at U.S. ports.
"It's like a town serving unlimited drinks with no police," Kendall Carver said of the cruise industry. His 40-year-old daughter disappeared from a Celebrity cruise ship in 2004.
"Every two weeks someone goes missing from a cruise ship somewhere in the world – and those are only the ones we know about," Carver said.
Last year, the FBI received reports of 349 incidents on cruise ships. It opened investigations into 32 cases involving "serious crimes" -- including one death, three missing people, 20 sexual assaults and six assaults with great bodily injury. The names of the cruise lines involved were not available, nor were statistics from this year, an FBI official told AOL News.
A database of FBI reports from December 2007 to October 2008, available on the Sun-Sentinel website, shows 363 incidents. The vast majority were on Carnival and Royal Caribbean cruises.
None of this surprises Carver, who hears of incidents like this frequently as the founder of the non-profit International Cruise Victims which represents hundreds of people and is now in 20 countries.
Carver told AOL News he started the organization after spending years trying to find his daughter, Merrian Carver. During that time, he said, he ran into a cover-up by the cruise line, missing evidence and employees who were ordered not to talk.
The case has since been settled for an undisclosed sum, but Carver is still waiting for the answers he was looking for.
Merrian lived in Massachusetts and her father found an ally in the state's U.S. senator, John Kerry. They discovered that there were no laws pertaining to crimes aboard ships at sea. Soon they began to lay groundwork to change that.
"My daughter was the subject of five Senate hearings," Carver said. "The cruise lines spent $11 million in lobbyists to defeat this, but we still won even though we are just a group of regular citizens."
President Barack Obama signed the Cruise Vessel and Safety Act of 2010 on July 27.
"This law will finally do away with the murky lines of jurisdiction that have put American cruise ship passengers at risk in the past," Kerry said in a statement. He also noted Carver's help in getting the legislation passed.
It will be 18 months from the date of signing before the law is fully implemented. However, parts of it will be enforced in stages. Beginning early next year, the U.S. Secretary of Transportation must have guidelines to carry out enforcement. By summer, training standards must exist for ship personnel.
The law requires:
Peep holes and security latches on all passenger and crew doors
Electronic video surveillance that documents crimes to be made available to law enforcement
Passenger security guides with information on reporting crimes to U.S. law enforcement
Limits on crew access to passenger cabins
Staff with knowledge and equipment to perform rape exams
Free and immediate access to law enforcement
Prompt reporting of crimes, which must be contained in a log
"It's too soon to tell if it will matter," said Mike Ehline, a Los Angeles attorney who handles lawsuits against cruise lines. "I'm still getting the same types of issues with the cruise lines refusing to hand things over. They always have some excuse – like the video was out that day, it got lost, or it was erased on accident."
A Carnival spokesman did not want to comment on the new law. However, noting the high number of incidents reported on the Sun-Sentinel website, he said that Carnival carries more guests than any other cruise line with an estimated 3.9 million passengers this year.
"We have a zero-tolerance policy for crime and any and all allegations reported to us by guests or made known to us via any other channel are reported to the FBI," Carnival's Vance Gulliksen said.
No one from Royal Caribbean was available for comment Friday.
According to language in the new law, "It is not known precisely how often crimes occur on cruise vessels or exactly how many people have disappeared during ocean voyages because cruise line companies do not make comprehensive, crime-related data readily available to the public."
It states sexual assault and physical assault as the leading crimes investigated by the FBI on cruise ships and it's difficult for law enforcement to gather evidence and conduct an investigation.
"Before, cruise lines would just say 'We are registered in this island or that, and we don't have to do this,'" Carver said. "Now, they will be banned from coming into our ports if they don't."
A Royal Caribbean crew member was found dead in his cabin on the mega-ship Oasis of the Seas on November 26th. A local television station in Miami, CBS-4, identifies the crew member as a cook.
According to a statement from the cruise line, the crew member is a 33-year old Jamaican man.
"As is our standard procedure, both the FBI and local law enforcement were notified and responding to the ship on Saturday when it arrived at Port Everglades."
WSVN -7 NEWS (Miami) is reporting that a cruise ship returned to South Florida after a tragedy at sea.
A 36 year old passenger aboard the Carnival Liberty cruise ship sailing to St. Thomas was discovered by another passenger unconscious in her cabin. WSVN reports that the passenger received medical attention on the cruise ship, but she was pronounced dead two hours later.
The FBI is investigating the passenger's death and is awaiting the autopsy report. "It could be a possible homicide. It could be some other factor in the death of this individual, but we're still investigating this case at this time," said Harry Rodriguez of the FBI in San Juan.
There have been a number of passenger deaths on Carnival cruise ships in the last year. We previously reported on the death of a Carnival passenger last July aboard Carnival's Elation cruise ship. Robert John McGill was charged with the first-degree murder and kidnapping of his wife, Shirley, who was beaten and strangled in their cabin. Our article is entitled " Prosecutors May Seek Death Penalty In Carnival Cruise Murder Case." In February, a 32 year old female passenger, Kipi Holcomb, was found dead in her cabin aboard Carnival's Ecstasy. The FBI indicated that there was no evidence of foul play and a toxicology report revealed that the pasenger's blood-alcohol level was .27 and she had cocaine in her system.
Were you a passenger on this cruise? Do you have information to share? Please leave a comment below.
November 22 Update:
Passengers are leaving some gruesome comments (below) suggesting that the death involved a homicide. However, the Miami Herald states today:
Carnival spokesman Vance Gulliksen said in a statement that "evidence suggests [the death] was medical related. In respect to the privacy of our guests, we are not able to release specifics on the nature of the medical condition."
Another strange week in the world of cruising, with multiple stories about the cruise industry appearing in the main stream newspapers and on the major television networks.
Cruise Fire Fallout: The Splendor cruise ship will be out of service until January 2011, meaning Carnival will lose revenue from over 20,000 passengers. A Time Magazine blog blasted a harsh headline about the predicament with "Worst Cruise Ship Ever: Disabled Splendor To Ruin 20,000 More Vacations." By my calculations, Carnival is facing around $50 million dollars in lost revenue over the next two months. But stockholders don't worry. The cruise line will eventually get every penny back from the manufacturers and designers of the Splendor's engine system.
Cruise Was No Nightmare: Even though hundreds of local television stations and newspapers covered the "cruise from hell" angle of the Splendor fire, some optimistic passengers (with a sense of humor and a keen perspective) still had a decent time. Colorado residents Maggie and Ken Wildenstein commented "I think Carnival treated us very well" in a nice story in their local newspaper, The Fort Morgan Times, entitled "Cruise Was No Nightmare."
Cruise Ship Design Flaw?: The Splendor was towed to a facility near 10th Avenue in San Diego for repairs to the engine room (article by KUSI News-San Diego). The U.S. Coast Guard and the National Transportation Safety Board (NTSB) will be participating in the investigation into the fire, which is being conducted by the Panama Maritime Authority because, like all of Carnival's ships, the Splendor is registered in Panama to avoid U.S. regulations and taxes. The local news station in San Diego questions how a single generator failure could cause a catastrophe with the vessel losing all of its power. Does the vessel have a design flaw? The cruise ship's entire electrical systems should not have been damaged to such a degree.
Business as Usual in St. Kitts: Two days ago, the tourism board in St. Kitts announced that the "cruise industry" would be sending "security consultants" to the island to investigate whether it was safe for cruise passengers to tour St. Kitts. Today, a local newspaper announced that the cruise line executives pledged to return to the island - "No More Cruise Ship Cancellation to St. Kitts." Well, that was a fast investigation by the cruise lines. Although the local newspapers initially chose not to publish the name of the cruise ship involved in the robbery, they were quick to broadcast the names of the five banditos who allegedly robbed the passengers: Elroy "Stanny" Williams (age 29), Devon "‘X Man" Hodge (28), Grenville "Rogie" Rogers (20), Junior "Q" Sabratie (24), and Admenston Lewis (27) all local residents of Sandy Point in St. Kitts. It's amazing how fast the local police can arrest suspects when an entire country's economy is based on the cruise industry.
Oprah Loses Her Allure: The week ended strangely with another Oprah give away, this time a "7-day cruise on the new largest ship in the world," Royal Caribbean's Allure of the Seas. OK. I admit it. I am not a fan of Oprah, who seems rather duplicitous to me. And Royal Caribbean has a well documented history of exploiting its crew members and the Caribbean islands for decades. So they team up to give some free cruises for PR purposes to promote Royal Caribbean's newest Monstrosity of the Seas. Sustainability anyone? Two thumbs down.
Spy Cruise Spooks (Kooks?): Talking about strange, last month, I commented on a rather bizarre event scheduled for this week called the Spy Cruise where certain passengers on the Holland America Line's Eurodam cruise ship can attend lectures and talks on espionage, spies, intelligence, and counterterrorism by speakers who are "intelligence experts, leaders, officers, operatives, analysts, authors and historians, many of whom served in the US Intelligence Community." Well, a "National Security Reporter" for the Toronto Star, Michelle Shephard, sailed on the cruise this week.
Ms. Shephard interviewed some of the top former spooks, like Michael Michael Hayden, former head of the NSA and CIA (photo left - is he showing how you waterboard a terrorist suspect?), and former CIA director Porter Goss (photo middle) about some serious subjects like "terrorism, tourism and torture." By the way, nice cufflinks gentlemen!
Hayden, a supporter of waterboarding, dismissed criticism of the interrogation technique, saying "I don’t care . . . This is a war . . . It’s about defense. It’s not about going through a judicial process.” The Canadian reporter, Ms. Shephard, points out the incongruity of discussing ". . . waterboarding when seniors graze on buffets and younger, scantily clad passengers gyrate to a Cher tune nearby."
Weird.
Credits:
Wildenstein photo: The Fort Morgan Times, Dan Barker, Times Staff Writer
Oprah and the biggest cruise cruise ship in the world: Huffington Post
Spy Cruise photo: Michelle Shephard of the Toronto Star
NBC New York has a nice video of the spirited reaction of passengers, who were aboard the disabled Carnival Splendor cruise ship, after returning home. The video is from NBC New York's "The Show Must Go On, Even if the Ship Couldn't" by Tim Minton.
A marine expert warned that the successful capture of a cruise ship with thousands of passengers on board would provide Somali pirates with “the mother of all ransoms.”
Cruise ships have used a wide variety of measures against pirates, including Long Range Acoustic Devices (LRAD) which emit powerful sound waves.
A company Security Alliance For Effective Solutions, LLC (SAFE) has designed a new device designed to prevent pirates from boarding ships. Called the "Nemesis 5000," the revolving water gun shoots an 80mph “360-degree curtain of water” to blast the pirates and keep them from using harpoon ladders to scale the side of vessels. The water blast is twice the blast as a high pressure fire hose.
The Express newspaper in the U.K. reports that at least 28 vessels and more than 500 hostages are currently being held by Somali pirates who netted more than $120 million in ransom payments last year.
Now that the disabled Carnival Splendor is back in a U.S. port, some lawyers are advertising that the passengers should consider filing a lawsuit. One cruise site, offering "cruise insider expert advice," is shilling for a Miami lawyer: "Now is the time to join the November 7, 2010 passengers in a joint effort for compensation. Contact us if you were on this cruise."
Such desperate solicitation like this never ceases to amaze me.
Any time there is a cruise disaster, the issue of lawsuits arises. Sometimes there is a basis to file a lawsuit, and sometimes - like this time - there is clearly not. Many passengers from the Carnival Splendor have contacted our office seeking a maritime lawyer to sue the cruise line for damages. We have told them that there is no basis to consider suing Carnival under these circumstances. They are wasting their time and money if they file a lawsuit, for these three reasons:
In order to have a legitimate case for compensation, a cruise passenger has to suffer a personal injury. Experiencing inconvenience and unpleasant circumstances does not constitute a personal injury unless there is a physical injury. If you fall down a flight of stairs in the dark and break your hip, that's a personal injury. But taking cold showers, smelling toilets that can't be flushed, eating Spam sandwiches in the dark or other similar "cruise from hell" stories are not compensable.
The cruise ticket drafted by Carnival protects the cruise line: “If the performance of the proposed voyage is hindered or prevented by . . . breakdown of the vessel . . . Carnival may cancel the proposed voyage without liability to refund passage money or fares paid in advance.” The passenger ticket also requires passengers to file suit in Miami, which the United States Supreme Court has upheld.
Carnival has already offered to refund the passengers' fare and travel expenses and a free cruise of equal value in the future. So if you are foolish enough to file suit (in Miami), you simply will not do any better than what is already being offered now. Plus you will incur legal expenses and travel expenses pursuing a case in Miami which you are certain to lose.
Carnival's offer after this fire should be compared to its response to the fire aboard the Carnival Tropicale cruise ship in 1999. Like the Splendor, the Tropicale was disabled by an engine room fire and the cruise ship bobbed around in the Gulf of Mexico. Carnival offered the passengers only a 25% discount - which the passengers felt was a slap in the face and created a public relations nightmare.
Carnival has handled this fire knowing that its response will be scrutinized in the court of public opinion. Its CEO traveled from Miami to San Diego and held a press conference where he apologized and offered a full refund, reimbursement of travel expenses and a free future cruise.
Most Americans think that Carnival's offer is fair. MSNBC ran a story yesterday "Free Cruise Should Be Enough for Splendor Passengers." In a poll of over 10,000 readers, MSNBC asked should the passengers stuck on the Carnival Splendor consider legal action? 88% said: "No - Carnival's compensation package is more than generous." Only 8% said: "Yes - Days at sea in miserable conditions is worth more than money back and a future cruise." (The remaining 4% said: "Unsure - Passengers may have a tough time since they signed an air-tight contract.")
Although the passengers on the Splendor were inconvenienced by the fire and the elderly undoubtedly suffered the most, sometimes a cruise line will step up to the plate and make a fair offer. But if you decide to reject it, please don't call us. Most jurors will not have much patience for vacationers complaining about eating Pop Tarts on a cruise ship, when some of the jurors cannot afford a cruise in the first place and our U.S. troops have been eating MRE meals in the middle of the desert in Iraq and Afghanistan.
November 14, 2010 Update:
A reader of Senior Cruise Director John Heald's blog sums up Canival's compensations as follows:
Full refund
Future credit equal to total of what was paid to be applied to a future cruise and must be used within 2 years.
Refund of transportation costs to the pier and from San Diego back home. One person said they took a bus from Las Vegas to the pier and Carnival (besides putting them up in San Diego is flying them home.)
Overnight stay in San Diego for those who requested it AND a daily stipend.
For those who had flights Carnival made the changes for them.
Any charges made on Sunday on the guests “Sign and Sail card were forgiven!!! (This included spa treatments, alcohol, purchases in the gift shop AND even gambling losses in the casino slots!!!)
All photos taken by Carnival of the guests were put out in the photo shop and guests were invited to come get their pictures at no charge!
On Tuesday and Wednesday Carnival opened some bars. Alcohol, wine and beer was given to the guests.
Carnival advised the guests that everything in their mini bars was free! (My minibar had 6 sodas, 6 beers, and 10 or 12 shot bottles of alcohol.)
Update:
This blog article went viral and was discussed by:
Last night, the U.S. Coast Guard performed a medical evacuation of a 75-year-old passenger who became sick while cruising on the Holland America cruise ship, Oosterdam, about 180 miles southwest of San Diego.
A HC-130 Hercules aircraft from the Coast Guard station in Sacramento located the HAL ship ship. A MH-60 Jayhawk helicopter dispatched from the Coast Guard's San Diego station then medevaced the passenger to Scripps Memorial Hospital in La Jolla.
The medevac came just 2 days after the Coast Guard assisted the disabled cruise ship Carnival Splendor into San Diego.
In October, the Coast Guard conducted essentially an identical rescue. A 74-year-old passenger with pancreatis was rescued from HAL's Oosterdam 36 miles from San Diego and sent via helicopter to Scripps Memorial Hospital.
The U.S. Coast Guard spends millions of dollars a year assisting passengers who are sick or injured on foreign flagged cruise ships.
This week ends with tugs finally towing the Carnival Splendor cruise ship back to port in San Diego, following a fire in the engine room early Monday morning.
The video below from ABC News 10 contains interviews with passengers, images of passengers finally disembarking, and a brief animation of the fire breaking out in the engine room.
As I watched CNN and MSNBC interview passengers disembarking from the ill fated cruise aboard the Splendor, passenger after passenger stated that no one explained to them that the cruise ship had been disabled due to a fire. Several passengers said only that thee was "some smoke." One of the reporters on CNN responded "that's incredible!" upon learning that the cruise line had kept the passengers in the dark, literally and figuratively, following the fire which left the cruise ship dead in the water.
Keeping passengers in the dark is nothing new for Carnival and other cruise lines following disasters like this. Carnival has the worst history of fires than any other cruise line over the past ten to fifteen years. In 1995, the Carnival Celebration caught fire. In 1998, the Carnival Ecstasy burned shortly after leaving the port of Miami. A year later, the Carnival Tropicale was disabled following a fire in the engine room, and the cruise ship bobbed around in the Gulf of Mexico for a couple of days. These two Carnival ships had suffered previous fires as well. In 2006, a large fire broke out on the Star Princess operated by a subsidiary of Carnival, Princess Cruises, in the middle of the night resulting in a death and multiple injuries. Last year, a fire in the engine room disabled the Royal Princess operated by Princess Cruises, which had to be towed back to an Egyptian port.
In all of these incidents, passengers learned the true facts only after leaving the cruise ship. Following the Tropicale fire, 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 NTSB investigation,the Master 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."
Some of the passengers interviewed yesterday by CNN did not seem to mind the limited information. One passenger commented that she understood why Carnival withheld information from them, reasoning that it was a prudent decision to avoid panic among the passengers.
I'm not too sure about that. We have an obligation to our children to screen information to keep them from being unduly frightened. But treating adult passengers like children is not the cruise line's prerogative. Passengers should not learn the basic fact that their ship was disabled by an engine room fire only after walking down the gangway.
"Even as thick black smoke was seen billowing from the rear of the 1,000-ft. ship, 'They tried to calm us by saying it was ‘flameless fire . . . '"
"They … didn't tell us the truth, that's what I found out when my cell phone started working," echoed passenger Marquis Horace. "They told us it was a flameless fire."
A number of news sources covering the stranded Carnival Splendor cruise ship have featured members of the International Cruise Victims organization (ICV).
Public Radio: Today, KPCC South California Public Radio interviewed the Chairman of the ICV, Kendall Carver (photo below), and me regarding the issue of cruise passenger safety issues. Listen here Here is the text from the public radio station:
"Two tug boats are slowly towing the Carnival Splendor cruise ship and her 4,500 passengers towards San Diego today. The 952-foot ship, which left Long Beach on Sunday for the Mexican Riviera, has been adrift since an engine room fire early Monday. Rather than lavish meals, passengers are surviving on Spam, Pop Tarts and canned crabmeat flown in by helicopter. Friends and families of stranded passengers are concerned because communication with their loved ones has been severely limited. It’s expected that the Splendor will arrive in port in San Diego late Thursday. Critics say there are serious safety lapses throughout the cruise industry and this accident was waiting to happen. What’s being done to protect passengers?"
Guests:
Kendall Carver, Chairman, International Cruise Victims
Jim Walker, Maritime attorney based in Miami and editor of “Cruise Law News”
Photo credit: Kevin Gray/U.S. Navy via Getty Images (via KPCC South California Public Radio)
L.A. Times: The L.A. Times also featured ICV members Ken Carver, my client Lynnette Hudson (photo bottom) whose father Richard Liffridge was killed due to a fire on a cruise ship operated by a Carnival subsidiary Princess Cruises, cruise safety expert Mark Gaouette and me in an article "Stranded Cruise Ship Offers Lesson in Huge Vessels' Vulnerabilities." Here is the text:
"They're called "floating cities," massive cruise ships that resemble skyscrapers and offer all the amenities of high-end resorts — spas and casinos, Broadway shows and amusement parks, fine dining and luxury shopping.
But the Carnival Splendor also offers a cautionary tale about just how vulnerable these mega-ships can be. Left powerless by an engine fire shortly after embarking on a seven-day cruise to the Mexican Riviera, the Splendor is expected to be towed into port in San Diego late Thursday. If the ship cannot make sufficient speed under tow, it is possible it will be taken to Ensenada, company officials said.
An early morning fire in the generator compartment Monday knocked out several of the ship's operating systems and left the nearly 4,500 passengers and crew members without air conditioning, hot food and telephone service. Even the flush toilets were down for a while.
With communications largely cut off, it's unclear what kind of hardship passengers have had to endure. But Carnival Chief Executive Gerry Cahill acknowledged in a statement that passengers were dealing with an "extremely trying situation."
"Conditions on board the ship are very challenging, and we sincerely apologize for the discomfort and inconvenience our guests are currently enduring," he said.
The "gourmet delicacies" of the " Manhattan chic" Pinnacle Steakhouse were replaced by 70,000 pounds of bread, canned milk and other emergency supplies, which were flown from the North Island Naval Air Station at Coronado to the U.S. aircraft carrier Ronald Reagan and then helicoptered out to the Splendor, stranded 160 miles southwest of San Diego. The company is paying the military for the food and supplies, officials said.
"There are significant risks as these ships get bigger and bigger," said Kendall Carver, president of International Cruise Victims. "This one held over 4,000 people. The new ones owned by Royal Caribbean hold over 6,000 passengers and 2,000 crew members, over 8,000 people. A fire on a ship like that would be disastrous."
The Carnival Splendor experienced its problems relatively close to several major ports, making rescue possible in only a few days.
"If it was hundreds of miles out, and you had a fire that wasn't suppressed, and you had rough weather, you'd have a complete disaster," said Jim Walker, a Miami-based attorney who specializes in cruise line litigation.
Although the $40-billion cruise ship industry — and its vessels — has been growing, it has been dogged in the last decade with controversies over passenger health and safety. Carver helped start International Cruise Victims after his daughter, Merrian, disappeared while on an Alaskan cruise in 2004.
The organization has pushed for stiffer laws regulating the cruise ship industry; just four months ago, President Obama signed into law tougher new rules for reporting crimes at sea, improving ship safety and training staff to collect evidence of crimes. The changes will go into effect in 2012.
But the new law makes only passing mention of fire safety issues, even though "the most serious event that can happen on a cruise ship is a main space fire, which is what happened on the Splendor," said Mark Gaouette, former director of security for Princess Cruises and author of the recently released "Cruising for Trouble."
On a Navy ship, Gaouette notes, every person has a fire-fighting role, and the crew is trained constantly in how to respond to a fire. On a cruise ship, "two-thirds to three-quarters of the population are passengers. They become problems and liabilities in a major fire. They have to be shepherded to safe areas."
Statistics are hard to come by for incidents on cruise ships, but Gaouette said the website cruisebruise.com lists eight major fires on cruise ships in the last five years, compared with just three in the previous seven years.
"As cruise ships become larger and their number increases on the high seas," he said, "the threat of fire and other risks to passengers will increase proportionally."
On the Splendor at 6:30 a.m. Monday, the 3,299 passengers were evacuated from their cabins and told to go to the ship's upper deck. They were later allowed to return. By afternoon, the U.S. Coast Guard had dispatched three cutters and an HC-130 Hercules helicopter to the ship's aid. The Mexican navy sent aircraft and a 140-foot patrol boat.
The Coast Guard has remained in contact with the ship throughout the ordeal, officials said. Whether the ship goes to San Diego or Ensenada, the company has promised to transport passengers back to Long Beach.
Miami-based Carnival Cruise Lines has promised a full refund for passengers and a complimentary future cruise equal to the amount paid for this voyage, which was scheduled to visit Puerto Vallarta, Mazatlan and Cabo San Lucas. The company announced that the Nov. 14 seven-day cruise from Long Beach to the same ports has been canceled.
"The safety of our passengers and crew is our top priority, and we are working to get our guests home as quickly as possible," said Cahill of Carnival Cruise Lines. Carnival Corp., which also includes such lines as Princess Cruises and Holland America and has 98 ships worldwide, reported revenues of $13.2 billion in 2009.
A spokeswoman for the Cruise Lines International Assn. did not respond to requests for comment. The organization's website says the U.S. Coast Guard calls cruising "one of the safest modes of transportation, and the industry is constantly striving to improve its safety procedures. Over the past two decades, an estimated 90 million passengers safely enjoyed a cruise vacation."
But that is little comfort to Lynnette Hudson, whose father died of smoke inhalation during a fire on the Star Princess, which is operated by Carnival, in 2006. It was his first cruise, she testified to Congress, and he was celebrating his 72nd birthday.
Hudson pushed for the more stringent standards that were signed into law this summer and is still fighting for stiffer laws. "I think if there's a major fire on a cruise ship, they're not prepared," she said in an interview. "They don't have sufficient training."
A fire broke out this morning in the engine room on the Carnival Splendor during a cruise to the Mexican Riviera (Puerto Vallarta, Mazatlan and Cabo San Lucas.) Passengers were told to move from their cabins to the Lido Deck on the upper level.
The fire burned from around 6:00 a.m. until it was extinguished around 9 a.m. according to several news sources. However, the fire erupted again according to U.S. Coast Guard spokesman Kevin Metcalf.
The Press-Telegram reports that two guests and a crew member suffered panic attacks, but no one was physically injured.
The cruise ship had left the Port of Long Beach on Sunday with 3,299 guests and 1,167 crew members.
The cruise ship is dead in the water. There are reports that there is only an emergency generator running, which means no air conditioning or working toilets.
The cruise ship is approximately 55 miles west of Punta San Jacinto, which is about 150 miles south of San Diego, and will have to be towed back to a port by tugs.
The Splendor is the Carnival cruise ship which Senior Cruise Director John Heald is currently on. Cruise Director Heald writes an excellent blog called the John Heald Blog. He wrote a timely and sensitive blog last month when a Carnival crew member tragically committed suicide. Will he write an informative blog about this latest incident on the Splendor?
The engines were manufactured by Wartsila. The Splendor is diesel-electric powered using six Wartsila diesel engines and has a power output of 63,400kW. I have made an inquiry to Wartsila but I have not received a response.
Were you a passenger or crew member on the cruise ship? Do you have photos or video to share? Please leave a comment below.
A Korean television station is reporting that more than 30 Chinese tourists remain missing in Korea's southern resort island of Jeju after 44 of them abandoned a tour group from a cruise ship.
The Chinese passengers arrived on the Italian cruise ship Costa Classica Sunday in Jeju from Shanghai and went to visit tourist sites on the island but did not return for the 3 p.m. departure.
South Korean police apprehended eleven of the cruise passengers, but the other 33 remain unaccounted for. The South Korean port of Jeju has been a frequent stopover for illegal immigrants from China seeking employment in Korea. The Chinese passengers took their luggage with them, and apparently intended to work illegally in South Korea.
The Coast Guard is reporting that it medically evacuated a 17-year-old female passenger from a cruise ship 83 nautical miles southeast of Wilmington, N.C. Monday.
Coast Guard Sector Hampton Roads received a phone call from a crewmember aboard the cruise ship Carnival Pride at approximately 8 p.m. stating that there was a female aboard who was experiencing symptoms of appendicitis.
An MH-60 Jayhawk helicopter crew from Coast Guard Air Station Elizabeth City was launched at 9:30 p.m. to respond. The helicopter crew arrived on scene at 11:30 p.m., and hoisted the 17-year-old female, her mother and the cruise ship’s nurse. The helicopter crew then transferred them to New Hanover Regional Medical Center in Wilmington.
This month is the 25th year anniversary of the death of cruise ship passenger Leon Klinghoffer, an American Jew, who was killed by Palestinian terrorists who hijacked the cruise ship he was sailing on with his wife in the Mediterranean Sea in 1985.
Mr. Klinghoffer, age 69, was from New York City and was vacationing with his wife, Marilyn, and their friends when four heavily armed terrorists hijacked the Achille Lauro cruise ship, after it left Port Said, Egypt. Although Mr. Klinghoffer was disabled and in a wheelchair, the terrorists shot him in the chest and head, and then forced two crew members to dump him and the wheelchair he was confined to over the side of the cruise ship.
The terrorists demanded the captain sail the cruise ship to Syria and Israel release 50 Palestinian prisoners. After a two-day drama, the hijackers surrendered in exchange for a pledge of safe passage out of Egypt to Tunisia. But when an Egyptian jet tried to fly the hijackers away from justice, U.S. Navy F-14 fighters intercepted the jet and forced it to land in Sicily. The terrorists were taken into custody by Italian authorities. The four terrorists were convicted and sentenced to jail, but a "mediator," Abu Abbas, from the Palestinian Liberation Army (PLO) who planned the hijacking, was permitted to leave Italy to the outrage of Americans. (The U.S. Army subsequently captured Abbas during the 2003 invasion of Iraq).
The tragic incident is known for the brutal nature of the Palestinian terrorists against Mr. Klinghoffer, the involvement of the PLO, and the bold action of President Reagan in foiling the terrorists' escape.
But the the incident is also well known in legal circles for demonstrating the extraordinary steps which cruise lines take to limit their liability.
Mrs. Klinghoffer and the estate of Leon Klinghoffer (daughters Lisa and Ilsa were the administrators) filed suit in the Southern District of New York against the owner / operator / charterer of the Achille Lauro, travel agencies, various other defendants and, eventually, the PLO. Other passengers who were aboard the Achille Lauro during the hijacking also filed suit.
The families sued the cruise line defendants for failing to have adequate security to protect the passengers from the terrorist attack.
The cruise ship was operated by the Lauro Line and marketed by the Chandris Line whose risk management department was based in New York City. (The claims supervisor subsequently went to work for Royal Caribbean and Celebrity Cruises).
Rather than trying to reach a settlement with the grieving family, the cruise line defendants threw up every obstacle imaginable to prevent the Klinghoffer family from obtaining compensation. The cruise line denied responsibility and claimed that the attack was "unforseeable." They filed motions to dismiss claiming that they did not engage in business in the U.S. They argued that the forum selection clause (which we have discussed in other articles) in the passenger ticket limited their liability to only $10,000 and, in any event, any lawsuit had to be brought in Naples, Italy. The cruise line defendant then filed claims against the PLO, arguing that if anyone should be responsible for Mr. Klinghoffer's death it was the PLO for planning the hijacking of the cruise ship.
The lawsuits lasted over 10 years, at great emotional and financial expense of the Klinghoffer family.
Finally, the cases were resolved shortly before trial when the PLO made a confidential financial settlement which resulted in the creation of a non-profit organization, the Leon and Marilyn Klinghoffer Memorial Foundation.
As a result of the ordeal, our U.S. Congress enacted legislation which provides a basis to sue terrorist organizations when they are involved in the deaths of U.S. citizens. Cruise lines, however, remain free to use forum selection clauses and contractual limitations of liability to make it difficult for Americans to obtain compensation.
The lasting maritime law implications of Mr. Klinghoffer's death is that no cruise line can realistically claim that the hijacking of a cruise ship by a terrorist organization is "unforeseeable" - given the vivid memories of that terrible day twenty five years ago on the Achille Lauro.
BBC News reports that a passenger is missing from the Fred Olsen 1,350 passenger cruise ship Balmoral, which is due to return to Dover tomorrow after a 21-day Adriatic cruise.
The cruise ship was in the English Channel when the unidentified passenger was noticed to be missing. A Royal Navy frigate, the HMS Westminster, is taking part in the search for the passenger, along with a U.K. Coast Guard helicopter, a French Coast Guard aircraft and a French warship.
The Daily Mail in the U.K reports that a "man overboard" alert was issued after the 80-year-old's wife reported him missing to staff on the cruise ship in the early hours of October 11th. His wife is beleived to have woken in their cabin on the ship to find he was no longer in bed.
Were you on the Balmoral and have information to share? Please leave a comment below or post your information or photos at Cruise Law News' facebook page.
Cruise Law News is a big fan of the United States Coast Guard which came to the rescue of a 79-year-old passenger aboard the Carnival cruise ship Spirit yesterday.
According to 10News.com, the Carnival cruise ship was about 570 miles south of San Diego when the vessel notified the USCG that a passenger was experiencing health problems. At around 3:45 p.m. on Thursday, a 41-foot-long Coast Guard utility boat met the cruise ship at the entrance to San Diego Bay. The sick passenger and a member of the cruise ship's medical staff were taken by the Coast Guard to the San Diego Harbor Police dock. The patient was then taken by ambulance to Scripps Mercy Hospital. The nature of the passenger's medical problem and her current condition were not discussed.
For other articles on Coast Guard medevacs, consider reading:
Today a Federal District Court Judge in Orlando sentenced cruise ship bartender, Hery Krispiyanto, to over three years and to pay about $4,360 in restitution.
The minor girl told investigators that she was alone on the upper deck of the cruise ship when crew member Krispiyanto walked up behind her, grabbed her arm and pulled her into a nearby employee-only room and closed the door. The incident occurred in April 2009 and the girl told her parents in August. Sexual assaults of minors on cruise ships are often not reported right away due to embarrassment.
Sexual assault of children is something the cruise lines like to keep secret. We have discussed other cases before and you can read them about here.
Lucas G. Wickes, age 25, of Rochester New York pleaded guilty in federal court to sexually assaulting a 13-year-old girl on January 1, 2007, on board the Disney cruise ship Disney Wonder after it left Port Canaveral for a Caribbean cruise.
The passenger approached the girl when she left a teen club on the cruise ship and ordered her to accompany him. The girl, who said she believed he was a security officer, followed him to the stern of the cruise ship where the adult assaulted her.
Yesterday, I boarded Royal Caribbean's Liberty of the Seas cruise ship at the Port of Miami for what maritime lawyers call a "vessel inspection." I boarded the cruise ship with my co-counsel on the case, Jonathan Aronson, and a top engineering expert.
Our client, a passenger, had been seriously injured when she fell on a wet deck around the FlowRider water attraction on the cruise ship. Shortly before we boarded the ship for the inspection, Royal Caribbean finally provided us, only after a Court order was entered, with one video clip taken from an aft / starboard closed circuit television (CCTV) camera. But it didn't show what happened to our client. The cruise line claimed that there were no videos of our client's "alleged" accident as they put it.
When we boarded the cruise ship yesterday, we immediately realized that the camera of the video they provided us was not pointed at the accident scene and, in any event, the video was taken over three hours after our client's accident occurred. We also realized that there were a dozen video cameras and CCTV cameras pointing to the FlowRider and the surrounding decks, including the area where our client's accident occurred. None of these videos have been produced.
Cruise lines control the scene of the accident and access to witnesses. Passengers who are injured on cruise ships should not inspect cooperation from the cruise line. Our client promptly reported her accident and was taken from the scene because she was seriously injured. If the cruise line's security officers wanted to document what happened, they would have looked at the dozen cameras and quickly determined which cameras captured the accident and preserved the video.
Instead, we now have a game of hide and seek. Cruise lines have a reputation of keeping evidence only when it tends to help the ship's legal interests and destroying evidence which supports the passenger's claim.
Passengers who are injured on cruise ships need to document the location of CCTV cameras (they are usually numbered) and request that the cruise ship retain the evidence.
Otherwise they may find that after they make a claim, there is no evidence left and the cruise line will deny that the accident even occcurred.
The police in Hong Kong arrested a 47 year old passenger after he reportedly pushed his 43 year old wife overboard from the MV Macau Success cruise ship yesterday.
The cruise ship made an emergency call to police at 7:40 a.m. reporting that a woman had been pushed into the sea at 7:20 a.m. The police sent rescue vessels to the scene and pulled the unconscious passenger out of the water at about 8:10 a.m. She as pronounced dead shortly afterward.
The police handcuffed her husband took him to the marine department's regional crime unit, in Sai Wan Ho.
The South China Morning Post quotes a police officer stating: "Initial investigations indicate that the woman was pushed into the sea from the deck close to the front of the casino ship. Witnesses have been located. Officers also arrested her husband on board the vessel in connection with this murder case."
Epilogue: Professor Ross Klein's Cruise Junkie tracks cruise ship overboards. There have been over 130 in the last decade. Most do not end up with either an explanation or an arrest Ike this case.
Photograph Credit: MV Macau Success - South China Morning Post
Medivac defintion: "Air transport of persons to a place where they can receive medical or surgical care; medical evacuation."
"Medivac" is a word that you hope the cruise ship doctor has heard before if you become seriously ill or injured during a cruise. As I have mentioned in prior blogs, a cruise ship is the last place you want to be if you have a life threatening situation with your health. Elderly passengers are particularly vulnerable when they have to rely on the medical skill and experience of ship doctor trained outside of the U.S.
Over one-half of the passengers who seek medical treatment during cruises are over age 65. Many passengers have pre-existing medical conditions including heart conditions. Elderly passengers are at risk for complications on cruise ships with noro-virus and are then at the mercy of the ship doctors.
Luckily for passengers on cruise ships near U.S. ports, the U.S. Coast Guard can come to the rescue. U.S. citizens don't appreciate just how fortunate they are when a U.S. Coast helicopter arrives on the scene and saves the day. Sometimes we hear of the Canadian Coast Guard rescuing Americans, like here.
Here we have a Coast Guard helicopter from Air Station Astoria pulling an injured passenger from the deck of the Volendam cruise ship operated by Holland American Line.
The passenger apparently sustained head and back injuries in a fall as the cruise ship was headed from Seattle to Hawaii. Luckily for him, the ship was still a hundred miles from Oregon. Thanks to the Coast Guard, the cruise passenger was taken to Oregon Health and Science University in Portland for medical treatment.
Credit:
Video - U.S. Coast Guard (via NWCN.com / Washington News)
BBC News is reporting that a cruise line waiter hanged himself after being accused of stealing money from the tip box on the cruise ship.
The article indicates that an Indian waiter, Sumith Gawas, from Goa, allegedly killed himself in his cabin on the P&O Cruise ship Arcadia while it was docked in Southampton earlier this summer. Fellow crew members accused Mr. Gawas of taking the money from a self-service restaurant.
A coroner in Southampton just released an official finding that a suicide occurred. The police had previously ruled out any foul play.
Tips are an important issue for the minimally paid waiters and assistant waiters on cruise ships. Waiters employed by cruise lines like Royal Caribbean are paid only $50 a month in wages and are dependent on the generosity of the passengers. Although some waiters can earn several thousand of dollars a month in tips while serving all three meals in the main dining room, working in a buffet or self-service restaurant results in very small passenger tips.
The Telegraph newspaper in the U.K. has a amazing article today by Richard Snailham about the Discovery cruise ship, operated by Discover the World cruise line, confronting a Somali speedboat as the ship sailed from Mombasa towards the Seychelles Islands.
The good news is that the pirates decided not to try and board the cruise ship. Mr. Snailham attributes this happy ending to "rolls of razor wire all over the stern rail (and) bundles of logs to be released to fall on any craft attaching itself to our hull . . ."
The photograph taken of the cruise ship indeed shows the barb wire and a bundle of logs hoisted near the stern - ready to be dropped in such an emergency. Look at the photo closely and you will notice logs tied below the railings, positioned to drop on any skiffs which dare to approach the cruise ship.
This may be quite unsightly, but this cruise line understands that a pirate attack in the Indian Ocean is a real threat. It's better to install unsightly barb wire than to risk having the passengers and crew taken hostage by pirates with AK-47's.
I have written about this issue before in two articles:
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.
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?
About Jim Walker
Jim Walker practices admiralty and maritime personal injury law. He has been involved in maritime litigation since 1983. Based inMore...