Bloomberg Legal reports today that according to data which it collected over the last several years, 83 federal personal injury cases were filed against cruise lines in the first three months of 2018. Bloomberg concludes that this figure continues an upward trend over the last two years in which 188 negligence suits were filed against cruise lines in in 2017 and 164 in 2016. 

Bloomberg also states that "personal injury cases against the three biggest cruise lines – Carnival, Royal Caribbean Cruises Ltd., and Norwegian Cruise Line Holdings – accounted for 78 to 87 percent of all federal litigation they faced over the last five years, according to the data which it collected. 

Bloomberg explains that the lawsuits "often involve slip-and-fall claims, but recent complaints also Miami Cruise Linesallege serious illnesses and injuries worsened by shipboard medical decisions."

The article does not explain that according to the terms and conditions in the passenger contracts, most cruise lines require that all legal claims be filed in the cruise line’s home city, such as Miami for Carnival, Norwegian Cruise Line and Royal Caribbean. These terms have been held to be binding by the United States Supreme Court in Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991).

Cruise lines based outside of Miami typically require that lawsuit be filed in the location of the city or state where their headquarters are based. For example, Holland America Line requires Seattle, Washington and Princess Cruises requires California.  

Cruise lines now require that lawsuits be filed in federal court, which is typically more conservative than state court. 

Although the article suggests that litigation against cruise lines is on the rise compared to the last two years, the fact of the matter is that lawsuits filed against the cruise industry have dropped off substantially compared to 15 years ago.

For the five year period from 2001 to 2006, there was an average of 423 lawsuits filed a year against cruise lines, according to the Miami Herald article "Law on the High Seas," by Amy Martinez (article at bottom). In contrast, for the last two years (2016-2017), there was an average of only 176 according to the data collected by Bloomberg, which is just 40% of the 2001-2006 average (even though over 50% fewer people were cruising fifteen years ago).

The reason for this decline is that most cruise lines no longer permit crew members to file lawsuits in the  U.S., but instead require the filing of international arbitration where judges and juries are not permitted. 

The only lawsuits which are now permitted to be filed against the cruise industry involve passengers who are injured during cruises.

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

Photo credit: Marc Averette – Creative Commons Attribution 3.0 wikipedia

Lawsuits Against Cruise Lines

On Sunday, July 2, 2017, NBC Nightly News aired the first part of an investigative report into the issue of sexual assaults on cruise ships.

Over the course of three months, NBC News spoke with 10 victims of sexual assaults, or members of their families, and found that cruise ships pose hidden dangers.

“Of the 92 alleged on-board crimes reported by cruise lines in 2016, 62 were sexual assaults. When sexual assaults occur at sea, it may be hard for victims to get justice on land. Some assaults were barely investigated, according to the victims and families who spoke to NBC. Most were never NBC News Cruise Ship Sexual Assaultprosecuted.

And perhaps most troubling, many of the sexual assaults on-board cruise ships involved minors. A congressional report in 2013 found that minors were victims in a third of the assaults.”

NBC interviewed me, as well as another maritime lawyer in Miami Michael Winkleman, during their investigation. You can see a portion of the interview in the video below.

The program highlights the fact that the FBI usually does not conduct a full investigation when women and children are victimized on foreign flagged cruise shhips. Prosecutions by the Department of Justice are even rarer. As a result, the cycle of sexual violence remains a problem on cruises.

The second part of the investigation airs this evening on NBC News.

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

 

 

Today, Miami lawyers filed suit on behalf of a cruise passenger who sailed aboard the Royal Caribbean Anthem of the Seas on Sunday, February 7th. The Lipcon law firm, based here in Miami, has filed a proposed class action lawsuit against Royal Caribbean in Federal Court for the Southern District of Florida.

Anyone who has read this blog in the last two weeks knows how I feel about the cruise in question. There is little doubt that the cruise line acted recklessly by ignoring weather forecasts of hurricane strength winds and 30 foot waves of this Altantic winter storm.  The winds strengthened, as to be expected in a storm like this, to well over 100 MPH. Many passengers experienced Anthem of the Seas Storm Lawsuitterrifying experiences where some passengers were fearful of losing their lives and those of their loved ones on the cruise ship.

The Anthem of the Seas returned to New Jersey with severe damage to its propulsion system, among other damage.

The captain of the Anthem of the Seas said during a talk to the passengers after the storm that he expected waves of only 12 to 15 foot waves.  But weather forecasts indicate that much higher waves, to over 30 feet, were expected. This means that the cruise line did not provide accurate weather reports to the captain or he ignored them. Navigation officers are required to up load “passage plans” pursuant to the the International Safety Management (ISM) codes before they sail. This information will quickly reveal exactly what weather conditions the captain anticipated during the ill-fated cruise in question.

ABC reports that any passenger who was on the ship can be represented in the lawsuit, which covers both passengers who suffered physical injuries and those passengers who are alleging only severe emotional, psychological and emotional stress.

You can read the lawsuit papers here.

At least one other lawsuit was filed last week by a lawyer in Houston, Texas.

Our firm will be representing passengers who sustained physical injuries during the storm.

Cruise lines ordinarily have a duty of only “reasonable care” under the circumstances. But in instances of rough weather, cruise lines have a much higher duty of care toward the passengers. Some characterize this duty as the “highest duty of care” of the passengers when the ship is expected to encounter rough weather.

Can it seriously be argued that Royal Caribbean exercised “high care” when it sailed 4,500 passengers, including the elderly and children, into a winter storm forecast to bash the ship with hurricane strength winds and waves over 30 feet?

Read our last article on the Anthem of the Seas fiasco.

Jim Walker Cruise Law NewsToday, the Cruise Law News Facebook page reached 200,000 "likes."

The majority of our Facebook fans are crew members who use Facebook on a regular basis to communicate with their family and friends. 

We receive a great deal of information from crew members regarding a wide range of issues, like cruise ship fires, engine failures, man-overboard situations and the tough working conditions which crew members face.

We also receive information from cruise passengers when things go wrong on the high seas. 

Thank you very much for reading our page and providing information to us!  Our Facebook page would not be possible without the support of crew members and passengers on cruise ships around the world!

The motto of our blog is "everything the cruise lines don’t want you to know."

No, we are not a travel site with glossy photos of happy crew members and smiling passengers enjoying a dream vacation cruise. The fact that millions of people are reading a critical blog by a lawyer (lawyers often write boring, stuffy articles) reflects that there are a lot of things that happen on cruises which the public wants to know and the cruise lines want to keep secret.

Thanks for reading us! And a special thanks to the many people who have sent us tips, photos and videos. 

Juan Manuel Palma Ortega / Disney Wonder Sexual Assault MinorWSVN Channel 7 reports that a 31 year old man was arrested for allegedly molesting  an 11-year-old girl aboard a Disney cruise ship which sailed last week from the port of Miami.

The news channel says that the man is from Honduras and he allegedly fondled the little girl on board the Disney Magic, which sailed from Port Miami on December 18, 2015. The stations says that "while on the ship, the girl told her parents that a man, later identified as 31-year-old Juan Manuel Palma Ortega, fondled her three times."

The Magic returned to the port of Miami yesterday.

The station further reports that "Miami-Dade police detained Palma Ortega back at Port Miami, where he allegedly confessed to the crime. He was charged with three counts of lewd and lascivious molestation of a minor and is being held without bond."  

His mug shot is to the left.

The news article does not state whether he is a crew member or not. His Facebook page states that from Tegucigalpa, Honduras where many crew members are from. However, there is no information confirming this yet.

This latest alleged crime should serve to remind the public that sexual assault of minors do occur on cruise ships, even on those cruise ships which cater to families.

Last year, a Disney employee, age 36, of Jakarta Indonesia (photo below right), employed as a cabin attendant on the Disney Dream, molested a girl during a family cruise. He befriended the family during the cruise and assaulted the 13 year old girl on the last morning of the cruise. We are representing the family of the child.  The Port Canaveral Police department arrested the Disney cruise employee. He was Disney Pervert Cruise Shipsentenced earlier this year to 70 months in jail.  You can read about that case here.

Disney refused to timely report a similar incident when a 33 year old Disney waiter molested an 11 year old girl on the Disney Dream. Although the incident occurred while the cruise ship was in port in Port Canaveral, Disney sailed the cruise ship to the Bahamas in what appeared to be an attempt to aid the crew member in escaping justice. The Bahamas, as expected, refused to arrest the molester and Disney then flew the crew member back to his home country, India. WKMG covered the disturbing story. You can see photos of the incident here and read our account of the crime here.

Florida is the only state which gives jurisdiction to state police agencies to arrest foreign crew members or passengers who commit sexual crimes in international waters and provides jurisdiction to state prosecutors to criminally charge these perverts. Typically other states must rely on the FBI and federal prosecutors who do a terrible job investigating crimes at sea,  

Photo Credit: Top: Miami-Dade County Police via WSVN; Bottom FOX 35.

This morning Cruise Law News hit a milestone when the 150,000th person "liked" our Facebook page.

The motto of this blog is "everything the cruise lines don’t want you to know." Our main goal is to educate the public about dangers on cruise ships and in ports of call that the cruise industry would like to keep secret. It’s exciting to see that many people become a fan of our Facebook page.

Our Facebook page is primarily non-U.S. readers.

Who are the top readers outside of the U.S.? In order they are from India, Philippines, Mexico, Peru, Elvis 50000000 Fans Can't Be WrongIndonesia, Venezuela, Bosnia & Herzegovina, Myanmar, Romania, Turkey, Italy, Croatia, Macedonia, and many other countries. 

Lots of crew members send us information, video and photos of what really happens on cruise ships. (We keep the identity of the crew confidential). We have learned that "ship life" is a lot different from what the cruise lines and travel agents represent. 

The readership of this blog has taken off this year. So far, we have had over 1,000,000 different people who have read over 3,500,000 pages of Cruise Law News, We are on schedule to have over 7,000,000 pages read by over different 2,000,000 people this year.

Why the reference to "150,000 fans can’t be wrong?" It’s a take-off on the famous 1959 Elvis Presley album "50,000,000 Elvis fans can’t be wrong." (Yes, I’m one of those fans).

Thanks to everyone who like our Facebook page, read my articles, and leave comments! I’m always pleased to answer any questions from crew members free of charge and without obligation.

Ryndam MedevacMiami news stations are reporting that several passengers from the Holland American Line Ryndam were medevaced to hospitals in Miami this evening.

WSVN Channel 7 reports that one of the victims suffered a leg injury, one sustained a head injury, and a third passenger may have suffered a heart attack.

The news station says that the Ryndam cruise ship came within three miles from shore so Miami-Dade Fire-Rescue crews could pick up the injured and ill passengers. One passenger was airlifted to Jackson Memorial Hospital and a second one to to Mercy Hospital.

The Ryndam cruise ship was sailing from from Tampa to London.

 

 

WSVN-TV – 7NEWS Miami Ft. Lauderdale News, Weather, Deco

The P & O Oriana has made it back safely to the Port of Miami last night after a fire broke out on the ship. 

Viewers following the PTZ / Port of Miami webcam heard radio communication between the ship and the Coast Guard that a fire had allegedly broken out on the ship involving the engine room. The Oriana requested tugs to assist it back to port in Miami after the fire was extinguished. 

AIS tracking systems shows the cruise ship leaving port (for Key West) and then turning around shortly after leaving the port. 

No further information is available at this time.  I have requested information from P&O Cruises but have not received anything. 

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

April 19, 2015 Update: Oriana left the Port of Miami this morning around 8:20 AM. Seatrade quotes an unidentified cruise spokeswoman issuing a bland statement that the incident involved a "minor, localized fire which was swiftly extinguished and at no time affected the safety of passengers or crew."   I have never heard a cruise spokesperson ever describing a cruise ship fire as anything other than "small" and "quickly extinguished."

Of course there is nothing "small" about a fire at sea.

 

Video Credit: @PTZtv 

 

https://youtube.com/watch?v=pQotsWdwEYY%3Frel%3D0

This afternoon an online webcam and marine tracking websites showed the Regal Princess cruise ship entering the Port of Miami for what people on social media were describing as unspecified medical emergencies involving two passengers. Local TV stations covered the story with helicopters. I covered the incident on my Facebook page involving the gay "30th Anniversary Caribbean Cruise."

This is the first time that the Regal Princess, which calls on Fort Lauderdale, has come to Miami. 

There is a great deal of chatter on Facebook and Twitter that the medical emergencies involved drug overdoses. The South Florida Gay News says that "speculation swirls around drug activity." It quotes a Regal Princess passenger saying that “It’s an all gay cruise and they’re all drunk. There’s three thousand gay men on this boat. You know what that means. There’s a lot of high risk activity associated with that.”

Perhaps an over-generalization.  But there’s reason why the image may be appropriate. 

Six years ago we wrote: GLAAD Board Member Dies Aboard Royal Caribbean’s Mariner of the Seas due to a drug over-dose. 

Five years ago, we wrote: Another Death on a Royal Caribbean – Atlantis Cruise again due to drugs.

Four years ago: Passenger Busted for Selling Drugs on Royal Caribbean’s Allure of the Seas which had a half-dozen drug overdoses aboard the ship.

Does the organizer (RSVP Vacations) 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?

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

Photo Credit: PTZtv

I’ve written thousands of articles here on Cruise Law News about all type of issues – cruise ship air pollution, cruise waste discharge, mistreatment of crew employees and the cruise industry’s exploitation of the Caribbean ports of call all the while cruise executives pocket obscene amounts of money.

But one of the issues that I rarely write about are the actual cases which we handle against the cruise lines. 

Starting today, I’m going to start posting a brief description of the cases which we file, whether it’s a Cruise Ship Lawsuitlawsuit on behalf of a passenger injured on a cruise ship, or an arbitration claim filed when a cruise line refuses to provide basic medical care and treatment to a sick crew member. 

Many people like to think that cases filed against cruise lines are frivolous, or silly, or filed just for the purpose of trying to get a free cruise and will result in higher cruise fares. Hardly.

Some of the cases which we file reveal the cruise industry at its absolute worst. The cases include issues like the cruise line’s mistreatment of female crew members who were sexually assaulted on so-called luxury cruise lines. Other cases involve the cruise lines’ refusal to provide and/or delay in providing life-saving medical treatment to crew members diagnosed with cancer. 

We will explain the applicable law so you can understand how legal issues are different under maritime law on the high seas. We’ll provide you with information that the cruise lines would prefer that you do not know.