Carnival GloryA 8 year-old girl died Saturday morning after falling from a deck in an interior atrium to a lower deck on the Carnival Glory

A representative of Miami Fire-Rescue Department said the child fell "about two stories" inside the Carnival cruise ship around 8:15 a.m. after the ship had returned from a cruise in

Congress introduced legislation on Wednesday which will strengthen the rights of cruise passengers to seek compensation when cruise lines negligently cause the death of their loved ones on the high seas.

As matters now stand, the statute which governs deaths in international waters, the Death on the High Seas Act ("DOSHA"), bars the recovery of

Amazon River Cruise BoatOne of the very first articles I wrote when I started this blog almost eight years ago was about the Death on the High Seas Act. "DOHSA," as it is commonly called, is one of the cruelest and most unfair, if not completely callous, laws imaginable. When an adult child loses a parent on the high seas (defined as outside of U.S. state territorial waters, including the rivers and waters of foreign countries), the law permits, at best, the recovery of only "pecuniary" (financial) losses, such as lost wages (assuming the person is employed). If the person is a retiree, the only damages permitted are the expenses of burying their loved one. Emotional damages such as grief, bereavement, mental anguish, sadness and suffering are prohibited. 

The article was titled The Death on the High Seas Act – Screwing American Passengers for 89 Years. It explains how families are not compensated because DOHSA prohibits non-pecuniary damages when their loved ones die on international waters. The cruise lines love DOSHA. Cruise lines have lobbied heavily over the years to keep the ancient maritime law on the books. DOSHA punishes families when they lose a parent, or child, on the high seas, notwithstanding the negligence of a cruise line. 

Today, Jill and Kelly Hammer, the daughters of Larry and Cristy Hammer, were reminded of the cruelty of DOSHA when several newspapers covered the latest development regarding their deceased parents, namely that the operator of the La Estrella Amazonica was reportedly grossly negligent and caused the fire which killed the Hammers while they slept in their cabin on La Estrella Amazonica, a river cruise boat on the Peruvian Amazon. It’s a sad story which we wrote about earlier last year – Deadly Amazon River Fire Update: International Expeditions’ La Estrella Amazonica (photos and video).

La Estrella Amazonica has now been renamed by International Expeditions as the Amazon Star.  

The Wall Street Journal’s article today, When People Die at Sea, Cruise Operators Often Get a Pass, is "subscription only" although the title suggests that cruise operators are literally getting away with, if not murder, deadly criminal negligence.  Another article, published by the World-Herald Bureau, titled Report on Gretna Couple’s Death in Cruise Ship Fire Finds Fault with Ship’s Safety Features, Crew’s Training, reaches the same conclusion.  

You can read these articles and make your own mind up about the reportedly unsafe conditions aboard La Estrella Amazonica, the lack of training and qualifications of its crew, and the shifty conduct of the owner and operator of the river cruise boat, International Expeditions, and its president, Van Perry, whose underwriters demanded that Jill and Kelley agree to a gag order (which they rejected) before the cruise operator would meet with them and talk about the circumstances surrounding their parent’s death. 

The point to come away with after reading about this terrible ordeal is that this is the exactly the result that the cruise lines want after cruise passengers have been killed. Christina Perez, PR person for the Cruise Line International Association ("CLIA"), was quoted in the Wall Street Journal as saying that if DOHSA was amended to permit fair damages "droves of foreign litigants would "burden an already crowded U.S. judicial system." She also resorted to other scare tactics, saying that "insurance rates for cruise ships would skyrocket, increasing prices and potentially jeopardizing thousands of jobs created by the industry." 

This is hardly true. The cruise industry is a rich, billion-dollar business, where it’s CEO’s regularly collect tens of millions of dollars a year, and which registers its cruise ships in foreign countries like the Bahamas and Panama, in order to avoid the taxes, labor laws and safety regulations of the U.S.  

Ms. Perez later contradicted herself by claiming that the U.S. Congress did not amend DOHSA to permit additional damages (like it did in aviation cases) because the "maritime industry has a superior safety record."*  

CLIA has poured around $30,000,000 into the pockets of Congress in the last decade, according to the Wall Street Journal, to keep the DOHSA legislation which it loves. 

Have a thought? Please leave a comment below or join the discussion on our Facebook page. 

April 13, 2017 Update: Fox News Travel, today, published Cruise ship responsible for couple’s death, report finds which covered the story and discusses the harsh limitations of DOSHA.  

April 14, 2017 Update: The U.K.’s Daily Mail, the world largest online newspaper, published Cruise company is finally found responsible for fire that engulfed Amazon tour boat and killed retired Nebraska couple.

May 8, 2017 Update: Fortune: The Cruise Industry’s Priority Is Clear: Profits Over Passenger Safety.

Photo credit: Wall Street Journal 

*/The cruise industry, in fact, has experienced far more deaths on its ships than the U.S. commercial aviation fleet in the last decade, although commercial airlines transport over 30 times as many passengers a year. Read our article from several years ago: Cruise Ships: The Deadliest Form of Public Transportation


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In November of 2015, a 78 year old passenger from South Korea drowned in a swimming pool on P&O Australia’s Pacific Dawn cruise ship that did not have a lifeguard.  The cruise ship was sailing from Brisbane, Australia to New Guinea.

The ship’s un-monitored closed circuit television recording showed the passenger enter the adult-only lifeguard-less

Island Princess Several crew members and other people have informed me that the FBI is investigating the death of a Princess Cruises crew member yesterday.  

The cruise ship was in Colon, after cruising in the Panama Canal, when a crew member was discovered dead in his cabin. Some people are saying that it is an apparent suicide

Sapphire PrincessInstead of hiring trained lifeguards in response to the drownings on the Sapphire Princess, Princess has tasked bartenders, dishwashers, and other crew members to add an hour of work each day to being "pool monitors" or "pool rovers".

The U.K.’s Maritime Accident Investigation Branch (MAIB) recently criticized Princess after a passenger drowned on the Sapphire Princess.

Multiple crew members are confirming that a young woman employed in the Carnival entertainment department was found dead on the Carnival Sensation

The cruise ship was last in Nassau, Bahamas. Bahamian news sources reported that "on Monday 1st June 2015 shortly after 6:00am, police received information that the lifeless body of a female crew

Disney Dream Several people informed me that there has been a death aboard the Disney Dream.

An officer was reportedly discovered dead on the cruise ship yesterday. The officer reportedly was discovered hanging, in what I am told is an apparent suicide. His body was located in an air conditioning room reportedly on deck seven.

The