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

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 last reported incident aboard the Allure of the Seas involved multiple rapes earlier last month. 

The cruise ship was under charter by Atlantis, which hosts parties for the gay and lesbian community.  The Allure had sailed from South Florida on January 29, 2012 to Labadee Haiti, Costa Maya Mexico, and then to Cozumel. 

In the past, the Atlantis - Royal Caribbean cruises have been marred by controversy, with drug overdoses, suicide, and a travel agent busted for selling drugs (arrested with 142 ecstasy pills, 3 grams of methamphetamine, ketamine and about $51,000 in cash).  You can read about these incidents below.

One year ago:  Passenger Busted for Selling Drugs on Royal Caribbean's Allure of the Seas

Two years ago:  Another Death on a Royal Caribbean - Atlantis Cruise

Three years ago: GLAAD Board Member Dies Aboard Royal Caribbean's Mariner of the Seas

And don't forget to read:  Is Royal Caribbean Ready for Medical Emergencies During the World's Largest Gay Cruise?

Does anyone know what happened on this latest Atlantis cruise party?

Photo credit:  Atlantis Events

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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.

A Filipino crewmember allegedly jumped from a Celebrity ship earlier this year - Another Celebrity Crewmember Goes Overboard

You can read about RCCL / Celebrity crew overboards (all nationalities) below: 

Crew Member Goes Overboard from Celebrity Constellation Cruise Ship

Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas

Crew Member Overboard from Royal Caribbean's Explorer of the Seas

"Man Overboard" Reported on Radiance of the Seas

Asleep At the Wheel: What Does the Delayed Reporting of Neha Chhikara's Disappearance from the Monarch of the Seas Reveal About Royal Caribbean's Shipboard Security?

Wife of Royal Caribbean Crew Member on Monarch of the Seas Goes OverBoard

Does anyone have information about this latest incident? 

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In November 2006, a 73 year old Scottish passenger was reported missing from the Century cruise ship while the vessel traveling near Madeira in the Canary Islands.  The disappearance was discovered when a crew member reported that passenger James ("Jimmy") Ewan, of Fife, Scotland, had not used his cabin the previous night. 

Ship logs indicate that Mr. Ewan, who had been traveling alone, did not disembark in the previous port.   The cruise ship conducted a cursory search and then continued on its 14-night trans-Atlantic cruise from Barcelona, Spain, to Miami. 

Today a newspaper in Scotland is reporting that the mystery of Mr. Ewan's disappearance five years ago has been solved.  The newspaper reports that Mr. Ewan's "best pal and executor of his will," John Cooper, has been struggling with settling his estate for the past several years.  The U.K.'s Foreign and Commonwealth Office and the Portuguese Consulate apparently were of little help. 

Mr. Cooper complained that he could not obtain a certificate of death so that Mr. Ewan's business could be wound up and his will could be executed.

The newspaper reports that Mr. Ewan had lost his wife 20 years ago and had no children.

Cabin attendants found his personal belongings neatly laid out in his cabin, including the executor of his will's name and telephone phone number.  Mr. Ewan reportedly stated that " . . . he didn't want to be a burden to anyone as he got old . . . "  The newspaper reports that "he scrapped his car two days before leaving, which was odd because he couldn't do without it."

Mr. Cooper stated that "I'm the executor of his will and the fact my details were sitting on top of his wallet in his cabin rang alarm bells.  It's like he tied everything up and not left anything outstanding."

If I decided to end my life like this, I hope that someone would remember me - like Mr. Ewan - with a big smile on my face, waving goodbye.   

Photo credit: dailyrecord.co.uk

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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.  

Image credit:   Lee Armstrong via Pinkfroot

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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."

We last reported on a Celebrity crew overboard just two months ago - Crew Member Goes Overboard from Celebrity Constellation Cruise Ship.

Unfortunately, overboards from cruise ships in the Royal Caribbean / Celebrity Cruises fleet appear to be a regular occurrence.  In March, we wrote an article about another crew member disappearing - Crew Member Missing from the Grandeur of the Seas - Why Are So Many People Disappearing From Royal Caribbean Cruise Ships?

Of course, missing crew members are not limited to Royal Caribbean cruise ships - Carnival Cruise Employee Goes Overboard - Does the U.S. Media Care When Foreign Crew Members Disappear at Sea?

There is no official database of passengers and crew who go overboard from cruise ships. The cruise lines say that this is something that they just don't track.  Perhaps they should start studying the problem.  The best source for tracking cruise overboards is cruise expert Professor Ross Klein's website which lists 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.   

Photo credit:  Travel Weekly Blog  

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Newspapers in India are reporting that a young man working as a crew member on a Royal Caribbean cruise ship disappeared at sea.

"Disappearances" at sea have been a regular occurrence on Royal Caribbean cruise ships over the past several years.   

The Times of India ("Did 'Missing' Ship Staffer End Life?") and the Hindustan Times ("Chef Commits Suicide in U.S., Mom Cries Foul") report that 27 year old Sandip Surwade went missing from Royal Caribbean's Grandeur of the Seas cruise ship on February 18th in waters near Aruba.

The Indian newspapers report that Mr. Surwade left India for work on the Royal Caribbean cruise ship in June of last year.  On February 20th of this year, a representative from the local hiring agency in India came to Mr. Surwade's home in Bara Bungalow, Thane (north of Mumbai) and told his family that he was "missing."  The hiring agency gave the family a telephone number and e-mail address of Dr. Fabio Acevedo, a supervisor in the medical crew department of the cruise line.

Later, the cruise line told the family that their son committed suicide by jumping off the cruise ship around 9:00 p.m. on February 18th.  The cruise line claims that Mr. Surwade left a letter which mentions the name of a female crew member with whom Mr. Surwade was allegedly involved, notwithstanding that he was reportedly engaged to be married in April. The letter purportedly states that his supervisors were troubling him and the woman due to their relationship. 

His family doubts the authenticity of the letter which, according to the newspaper articles, was written in chaste Hindi, a language with which he not particularly familiar. The family tells the newspapers that Royal Caribbean and the local agent for the cruise line has "stonewalled" them. 

The cruise line, however, states that there are closed circuit video tapes documenting the overboard and an eye witness who allegedly confirms that Mr. Surwade jumped from the ship.  

What is one to make of this mess?  The family suspects foul play.  If another crew member saw him jump, why did the cruise line first tell the family that their son was "missing" and then mention "suicide" later?  Why did it take the cruise line 2 days to tell the family?

Adding to the confusion is that the first public account of this incident is in a newspaper in Aruba, indicating that it was a passenger who committed suicide.  Another newspaper in Aruba indicates that the cruise ship first reported the incident around 11:00 p.m. on February 18th which, if true, would be 2 hours after the overboard.  Helicopters and a coast guard cutter from Aruba searched for 4 hours before ending the search with intentions of searching again at day light.      

An online website, "Cruise Bruise," speculates wildly that Mr. Surwade's disappearance may have been a drug-related murder.  As we reported,  Royal Caribbean crew members were smuggling large quantities of cocaine from South America aboard this cruise ship and there was a drug bust on the Grandeur of the Seas ship a few days later when the ship reached Montego Bay.  However, there is no indication that Mr. Sandip was involved in drug smuggling or a victim of violence by drug smugglers, and at this point there is no connection between his disappearance and the drug bust as suggested by others.

Nonetheless, we are  suspicious of most anything this cruise line says.  It suffers from a lack of transparency and the most unexplained disappearances and deaths of any cruise line. 

Did this crew member really commit suicide, which is the cruise line's favorite excuse?  Consider how cruise lines use the "suicide defense" as a public relations tool -  "Suicide" - One of the Cruise Lines' Favorite Excuses When a Passenger Disappears at Sea.

Also consider in the last year:

January 6. 2011: Another Passenger Overboard From A Royal Caribbean Cruise Ship

November 30, 2010: Death of a Young Jamaican Cook on the Mega Ship Oasis of the Seas 

May 24, 2010: Another Overboard From A Royal Caribbean Cruise Ship? - Oasis of the Seas

May 5, 2010: Crew Member Overboard from Royal Caribbean's Explorer of the Seas

March 22, 2010: "Man Overboard" Reported on Radiance of the Seas

January 4, 2010: Asleep At the Wheel: What Does the Delayed Reporting of Neha Chhikara's Disappearance from the Monarch of the Seas Reveal About Royal Caribbean's Shipboard Security?

January 1, 2010:  Wife of Royal Caribbean Crew Member on Monarch of the Seas Goes OverBoard

Determining the cause of cruise ship overboards and mysterious deaths is the role of experts - the F.B.I., sometimes the U.S. Coast Guard, or other law enforcement authorities - not the cruise lines' PR departments.   

But this case raises a more profound question.  Who investigates the circumstances of a crew member from India who goes overboard into waters around Aruba from a cruise ship flagged in the Bahamas and operated by a cruise line incorporated in Liberia?

This is a no man's land, where there are no clear answers - only self-serving statements by a cruise line with a reputation of being less than honest. 

Photo credits: 

Photographs   24ORA.com

Overboard drawing     CruelKev2's blog regarding overboard cruise passengers 

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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. 

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OnlinePoker.net reports that a 51 year old passenger aboard the SuperStar Aquarius lost HK$5 million ($650,000) playing baccarat.  He then leaped to his death from the top floor of the 13-deck cruise ship.

The article identifies the passenger as "Xu" and states that he gambled at the baccarat table until it closed at 8 a.m. on Sunday.  After losing this staggering amount, "Xu then wandered the deck for an hour before he was seen jumping to his death .  .  ." 

A police spokesman classified the incident as “man overboard,” with no suspicious circumstances.

The cruise ship is operated by Star Cruises.

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A newspaper in the Cayman Islands is reporting that a 37 year old passenger aboard Royal Caribbean's Liberty of the Seas died during an Atlantis sponsored cruise.

The local newspaper carries the sensational headline: "Body Found On Gay Cruise Ship."  The cruise ship had been chartered by Atlantis Events, which organizes parties for the gay community.

The cruise was billed as the Liberty Gay Cruise - the World's Largest All-Gay Cruise. 

The local police in the Caymans apparently issued a statement to the effect that "there would appear to be no suspicious circumstances surrounding the death."  This is a ridiculous statement.  Perhaps there is no evidence of a murder, but clearly a death of a 37 year old man healthy enough to go on a vacation cruise is inherently suspicious. 

The Advocate also reports on this latest death.

Previously, we reported on the death of another passenger aboard a Royal Caribbean - Atlantis cruise in October 2009. Spencer Yu, an attorney for Warner Brothers and a board member of the Gay and Lesbian Alliance Against Defamation ("GLAAD"), died on the Mariner of the Seas. There is speculation that Mr. Yu, also a young man of  only 46 years, may have died of a drug overdose during the cruise.

Commenters on the gay community blogs Queerty and JoeMyGod bickered about the use of drugs during Atlantis sponsored events. Whether Mr. Yu's death is drug related is unknown to us.  

It has been our experience that cruise ships are not the place to have a medical emergency, whether you are gay, lesbian, transgendered, or straight.  Cruise ships are often characterized by the questionable experience and training of the shipboard doctors and staff and the limited nature of the ship's medical facilities. Are cruise ships equipped to handle medical emergencies which occur during Atlantis parties?  Does Atlantis discuss the use of drugs and the foreseeable risk of a drug overdose with the cruise line to make certain that there are properly trained medical personnel to respond to emergencies?

The Atlantis cruise parties are organized by Rich Campbell who is quoted in a recent article saying: "There’s no turning back. Once you sail, if you forget something, you’re screwed!" 

There doubtlessly will be speculation regarding the cause of this most recent cruise death and the connection to the Atlantis organization.  Is this recent death just a coincidence to the unfortunate death of Mr. Yu on another Royal Caribbean - Atlantis cruise? 

The skeptic in me says there are no such coincidences in life, or in death. 

Credits:

Newspaper            CompassCayman.com

Rich Campbell       Caribbean Net News "Rainbow Welcome for Gay Cruisers in the Cayman Islands"

Video                      Cayman Islands News 27

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For the past many years, I have watched cruise lines respond to each disappearance at sea by blaming the passenger.

Selling Dreams of Carefree Vacations

Cruise lines like Carnival and Royal Caribbean spend hundreds of millions of dollars a year to create the illusion of carefree vacation getaways where hard working Americans can relax, let their guard down, and forget the worries of city life. Passenger "disappearances" are inconsistent with the cruise industry’s marketing image which sells tickets.

When a passenger "disappears," there are a number of possible explanations.  Was foul play involved?  Did the passenger act carelessly due to alcohol?  Was the intoxication due to the cruise line's negligence in over-serving the passenger to make the targeted profits for the cruise?  Or was the disappearance due to a plan by the passenger to end his or her life?   

The possibilities are many but the cruise lines' conclusions are few. Cruise ships are quick to attack the passengers’ character and to steer blame away from themselves when a passenger goes overboard.

Merrian Carver - Royal Caribbean Cover Up, Stonewalling, and the Big Lie

When 40 year old Boston resident Merrian Carver "disappeared" from the cruise ship Mercury operated by Royal Caribbean’s subsidiary brand Celebrity Cruises, the cruise line tried its best to cover the incident up. It didn’t report Merrian missing to either the FBI or the Alaskan State Troopers, even though the cabin attendant reported her missing early in the cruise. Merrian’s Dad, insurance executive Ken Carver, began a serious investigation. Royal Caribbean responded by lying to Mr. Carver and disposing of evidence.  Mr. Carver didn’t go away and the story went public.  The The Arizona Republic published an excellently researched and written story.  In response, the cruise line reached into its bag of tricks and pulled out a good excuse: " . . . there is very little a cruise line, a resort or a hotel can do to prevent someone from committing suicide." 

Aside of the speculation fueled by the cruise line's lawyers and PR team, there was no competent evidence whatsoever for Royal Caribbean's self serving announcement to the media. If it was a suicide, why did Royal Caribbean work so hard to cover the incident up and lie to Mr. Carver?  Indeed, there is now an issue whether a crew member was involved in Merrian's death.  

George Smith IV - Attack the Victim

I witnessed the same type of corporate thuggery while representing Jennifer Hagel whose husband George Smith of Greenwich Connecticut disappeared under suspicious circumstances during the couple’s honeymoon cruise on Royal Caribbean’s Brilliance of the Seas. For months the Hagel and Smith families patiently waited for information explaining the circumstances surrounding the disappearance of the healthy and handsome 26 year old man.

But when their frustration forced them to the press for answers, the cruise industry’s response was quick and brutal. Michael Crye, representing the International Council of Cruise Lines ( the predecessor to today’s Cruise Line International Association - "CLIA") told an AP reporter investigating the story " . . . its difficult if someone chooses to do harm to themselves . . ."

Carefully Planned Hit and Run Attacks By Cruise Line PR Departments 

These type of statements are not random or insensitive rants from low level employees. The cruise lines' PR departments carefully craft the announcements and issue them only after being run through their legal departments. The Merrian Carver "suicide" theory was issued by the Royal Caribbean corporate communications director only after being reviewed by the cruise line’s outside legal counsel. When the cruise industry faced embarrassment over Royal Caribbean's mis-handling of George Smith’s death, out trotted Mr. Crye - the vice president of the cruise trade organization and himself a lawyer. Mr. Crye issued the he-did-it-to-himself statement on behalf of the entire cruise industry (CLIA's motto is "one industry - one voice"), without a shred of evidence justifying such a conclusion.

Amber Malkuch - Holland America Lines' Attack Is Business as Usual  

The recent disappearance of Washington resident Amber Malkuch shows that little has changed. Amber was 45 when she sailed on the Holland America Line ("HAL") cruise ship Zaandam. On August 3, 2009, Amber disappeared. The usual protocol when a passenger disappears should be for the FBI or the state law enforcement authorities to board the vessel at the next port and to conduct an investigation. The period of time leading up to the cruise ship's arrival at the next port is critical because the cruise line controls the scene of the disappearance, the witnesses and all of the evidence. Before the authorities can conclude whether the "disappearance" resulted from an accident (due to the ship's negligence, or the passenger's carelessness or intoxication, or a combination of factors), foul play or suicide, they must first review the evidence and interview passengers and crew members.

But on August 4, 2009, before the Alaskan State Troopers concluded their investigation, a member of HAL's PR department and CLIA's PR team, Sally Andrews, announced to the media that Amber probably took her own life. The "suicide" conclusion was picked up by all of the major news outlets and reported prominently on FOX News and other news stations.

This surprised not only Amber’s friends and family, but it dumbfounded the Alaskan State Troopers who had yet to review photographs and video, conduct interviews or analyze toxicology reports. The Anchorage Daily News reported "Troopers Miffed at Cruise Line’s Rush to Judgment." The Seattle Post Intelligencer quoted a representative of the Alaskan State Troopers saying:

We’re the people actually looking into the exact cause of death . . . We’re the ones doing the interviews and looking at the evidence . . . And if we haven’t been able to make a determination, how can the cruise line who isn’t trained?"

Who Do You Trust?  The Alaskan State Troopers or the Cruise Line?

Does Holland America Line care about what the evidence reveals?  In the world of cruise line PR (perception vs. reality), what matters most to the cruise lines seems to be the public’s perception that cruise ships are safe rather than the reality that perhaps they are not.

Determining the cause of passenger overboards is the role of experts - the U.S. Coast Guard, the F.B.I., and other law enforcement authorities - not the cruise lines' PR departments.          

Photo credits:

Kendall Carver - photo of Merrian Carver

Kevin Wolf (AP) - photo of Maureen Smith, Michaeil Crye, Jennifer Hagel

Seattle Post Intelligencer - photo of Amber Malkuch

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