Cruise Ship Accidents/Incidents

The Complexities of Being a Crime Victim at Sea

March 11, 2016 | by Gerson & Schwartz, P.A.

The cruise industry has significantly grown in popularity over the years. With this, however, comes an increase in crime on cruise ships. Crime at sea is now a serious problem. Just recently, near the Bahamas, an 11-year-old female was molested on a Disney Cruise Line (“DCL”) cruise ship when one of DCL’s chefs touched her breast. Stunningly, this crime was not reported until 16 hours after it occurred. This non-reporting occurred despite the requirement for cruise lines to make such reporting. What is more surprising is that, for one, the victim’s grandmother decided that she did not want to press charges on the suspect, and, two, Bahamian authorities did nothing more than fly, free of cost, the suspect back to his home! Justice was certainly not served in this case. Not only was the incident not reported until 16 hours after it took place, but an overlapping of jurisdictions (Bahamas instead of Florida) prevented this suspect from being fully investigated and prosecuted.

It is becoming commonplace that crime victims on cruise are not provided the help they need by the judicial system. With the blatant lack of reporting, despite a high occurrence of crime at sea, the cruise line business appears to be misleading the public. Perhaps this is to keep sales high. If you, or your loved one, are a cruise ship crime victim, it is critical that you hire an attorney. The Miami maritime attorneys at Gerson & Schwartz PA are here for you. Our attorneys have plenty of experience filing claims against all major cruise lines. We can provide you an ease of mind, as we know what do and know how to deal with the numerous complexities. We will fight hard to enforce your legal rights.

Serious Problem with Cruise Lines

When Someone Goes Missing at Sea

February 26, 2016 | by Gerson & Schwartz, P.A.

Cruise ship vacations have significantly increased in popularity over the years. Cruise lines maintain that they are among the safest forms of travel. Yet, unfortunately, this is not always the case. For instance, some of the people that depart on a cruise ship never make it home. In some cases, they become lost at sea. The number of individuals who have gone missing from cruise ships is frightening. In the last two years, alone, 41 people have gone missing from cruise ships. According to the Cruise Victims Association, almost 170 people have gone missing at sea since 1995. Recently, off the coast of Florida, two passengers on a Carnival Spirit cruise ship experienced a similar tragedy. A lady, 26 years of age, was climbing on a rail outside of her room during the late evening hours. She then lost footing and fell overboard. A few seconds later, a paramedic jumped into the sea in attempt to save the drowning passenger. The pair was described as missing once the cruise ship docked in Sydney. The pair has never been found.

If you or your loved one experienced a cruise ship accident or, if your loved one is missing, you need to hire an experienced maritime lawyer. The relevant laws that govern these cases are highly complex and significantly different from state laws. The maritime lawyers at Gerson & Schwartz PA know the law and are here to help. Our Florida Cruise Ship Accident Lawyers have experience filing claims against all the major cruise lines. We will fight hard to enforce your legal rights and to secure adequate compensation. We will even bring your case to trial if a fair settlement offer is not made.

Complex Laws that Govern Cruise Ship Accidents

Suit Against Cruise Line for Traveling into Hurricane

February 19, 2016 | by Gerson & Schwartz, P.A.

On February 6, 2016, nearly 4,500 passengers boarded Royal Caribbean Cruises’ Anthem of the Seas and departed on a trip to the Florida and the Bahamas. Unfortunately, a severe storm began the next day. Said storm was accompanied by wind gusts of up to 120 miles-per-hour and about 40-foot tall waves! Due to the severity of the storm, the ship’s captain ordered everyone to remain in their rooms. One passenger, Mr. Simpson, brought a negligence lawsuit against the cruise line. Mr. Simpson alleges that the captain of the cruise ship had knowledge of the approaching storm and neglected the safety of the passengers. The captain negligently opted to sail through a hurricane. During the hurricane, the ship shook so violently that Mr. Simpson was thrown 18 feet across his room. He sustained a concussion, a bruise on his left eye, an injured wrist and pains and bruising on his torso, ribs, and neck. Mr. Simpson now seeks to recover damages in physical injury, physical pain and suffering, impairment and economic insecurity.

What to Do if You Suffer an Injury on a Cruise Ship

First of all, please be advised that you must act quickly if you or your loved one suffers an injury at the fault of a cruise line. As a matter of fact, at the moment you purchase your cruise ship ticket, you are entering into a binding contract with the cruise line. This particular contract, once in writing, specifies how long you have to file a lawsuit if you are injured, for example. What is noteworthy is that this time limit can be as short as six months to one year. For this reason, it is imperative that you retain an experienced maritime lawyer as soon as possible to begin working on your case.

ANTHEM OF THE SEAS PASSENGERS INJURED IN LATEST CRUISE SHIP ACCIDENT CASE

February 8, 2016 | by Gerson & Schwartz, P.A.

Four passengers were injured onboard Royal Carribean’s Anthem of the Seas after the ship was caught in dangerous weather conditions last weekend. The Anthem of the Seas encountered hurricane force winds, with some gusts reportedly reaching 130 miles per hour with 30-40 foot waves. The nature and extent of those injured are not currently known. At first, Royal Carriban reported no injuries. However, later news reports once the vessel came ashore stated no serious injuries. Martime lawyers at Gerson & Schwartz, PA state that this is not the first time an RCCL passenger ship has knowingly left the port and cruised directly into the teeth of dangerous weather conditions, jeapordizinf the life and safey of passengers. In 2012, RCCL vessel “Freedom of the Seas” encountered danerous and severe weather conditions including hurrcan force winds and high seas after the vessel set sail into a developing tropical cyclone system/ tropical storm just after it departed off the Florida east Coast. This was despite forecasts and warnings that a storm was likely to develop prior to leaving port Canaveral, Florida.

In the 2012 “Freedom” incident, passengers were thrown about and across the ship along along with plates, dishes, and everything else imagineable. Fixtures fell, ceilings were falling, youtube vidoes and social media captured the pure chaos experienced by many. In a federal lawsuit filed, attorneys from Gerson & Schwartz, PA argued that the Royal Carribean ship should never have decided to set sail and risked the lives and safety of passengers by placing them into harms way. Many passengers sustained serious injuries because a decision to set sail was made despite clear warnings from the National Weather Service and National Hurricane center of the potential for rapid tropical cyclone development.

In the Anthem of the Seas, cruise ship accident lawyers say they will need to get a hold of the weather reports and forecasts to see whether the “Anthem of the Seas” should have taken another route, or simply stayed in port as well. The decision to sail rests with the captain. If the captain feels that it is unsafe for the vessel to depart he can make the decision that the ship should stay in port. The decision to remain in port can also be made shoreside. Weather buoys located in the Atlantic can also provide adavance warnings of expected wind and sea conditions in advance, along with the weather forecasts. Generally speaking, sudden and drastic weather phenomenons are not actionable negligence under the law because they may deemed acts of god or unforseeable in nature and difficult to prevent. But, cruise ships are also equipped with state of the art weather forecasting technology that should make cruise line companies accountable if they do decide to stay there course, despite clear weather warnings.

Carnival Cruise Slip & Fall Accidents: What is wrong with the floors inside the Breeze Lido marketplace?

February 8, 2016 | by Gerson & Schwartz, P.A.

Cruise ship slip and fall accidents happen all too often. That is especially so on the vessel Carnival Breeze. The “Breeze” had it’s maiden voyage in June 2012 making it a relatively new ship in the Carnival fleet and is one of Carnival’s largest passenger ships. It is part of the “Dream” Class, and holds roughly 3,900 passengers and 900 crew members. Slip and fall accidents inside lido market place restaurant seem to happen so frequently some wonder, should the largest cruise line in the wold take the ship out of service? The lido market place on the Breeze is located on deck 10. What you may not know is that the Lido market place restaurant is notorious for slip and fall accidents, many of which result in serious injuries. Slip and falls happen in the Lido on the Breeze can happen even when the floors appear dry and without any warning and at any time. The cruise ship injury lawyers at Gerson & Schwartz, PA have represented numerous passengers injured inside the Lido market place. Slip and fall accidents happen with such regularity on this particular vessel that it heightened attention within Carnival shortly after the vessel was placed into service in June 2012. Testing of the tile floor surfaces inside the Lido have proven they have inadequate and poor slip resistance properties and are even known to be defective are dangerous. The end result, dozens upon dozens of slip and fall accidents with serious injuries. Despite actual knowledge of the dangers in the Lido market place, Carnival doesn’t warn its passengers about the dangers that the tile floor surfaces pose and which they know.

Due to the number and nature of slip and fall accidents that occur on an almost regular basis and the failure of Carnival to find a permanent solution to the problem legal claims for punitive damages are not out of question for thse cruise ship accident and injury victims. Generally speaking, punitive damages are uncommon in slip and fall accident lawsuits. That is because the legal standard for punitive damages under federal maritime law requires a much higher burden to meet and more difficult to prove in the court room. Injury victims must prove conduct of that is either intentional harm, “gross negligence” or concious disregard for the life and safety of others. But, lido makret place slip and fall accidents on the Carnival Breeze occurr so frequently that they are warranted on this particular ship says, maritime attorney Nicholas I. Gerson with Gerson & Schwartz, PA. Why doesn’t Carnival just repair or replace the tile floor surfaces? According to Gerson, it’s really more of a business decision. “Profits over safety”, What else? As far as the Breeze is concerned, money and the financial implications of taking a huge passenger ship out of service would be very costly. This is one of Carnival’s premier money makers. The Breeze departs nearly every week. It holds the most passengers of all Carnival’s 24 ships and doesn’t’ travel all that far, nor are the trips very long.

At a minimum, the Breeze would likely have to be out of service for anywhere from two weeks to a month, maybe longer. When you calculate the amount of money that Carnival would have to forfeit, return, or lose, it appears that it makes more business sense for them to just wait until the ship goes into dry dock. The Breeze is not scheduled to go into dry dock until sometime in late 2017. In the latest lawsuit filed against Carnival regarding the Breeze, punitive damages have been included in two lawsuites filed. Carnival has already moved to dismiss the punitive damages claims early on in the law suit process . Their motion was rightfully denied. In other words, the presiding United States District Court judge believed that based on the allegations in the complaint and combination of the applicable federal law, the claims for punitive damages should be decided on the merits.

Drowning on a Cruise Ship Vacation

February 5, 2016 | by Gerson & Schwartz, P.A.

Embarking on a cruise ship vacation, to most, is a great experience accompanied with relaxation and exploration. Nevertheless, catastrophic and often fatal accidents can and do occur on cruise ships. For instance, recently a ten-year-old girl drowned in a swimming pool on a Norwegian Cruise Line ship. Said ship had to sail immediately to a nearby port in Florida. This incident occurred on a Sunday afternoon when the ship’s medical team responded to an emergency call from the pool deck that a ten-year-old female guest was reported unresponsive. Of course, the medical team administered quick CPR and proper emergency care. After countless efforts, the guest could not be revived.

In all, if you or a loved one is injured on a cruise ship, it is important that you hire an experienced maritime attorney. The relevant law governing your case may be complex. In fact, there are special laws both federal and international that govern injury and death lawsuits that take place at sea. Additionally, statutes of limitations are much shorter, sometimes only six months from the date of incident. If your accident occurred on navigable waters, either near the United States or near a foreign shore, this presents complex legal issues and admiralty, maritime, and even foreign laws may apply to your particular case.

Our Miami, Florida maritime lawyers at Gerson & Schwartz PA have plentiful experience filing claims against all the major cruise lines. Our attorneys are skilled at representing passengers and crew members who suffer serious and catastrophic injuries. If you are injured, we will fight to enforce your legal rights. We also will not hesitate to bring your case to trial if a fair settlement offer is not made.

Cruise Ship Injuries

January 29, 2016 | by Gerson & Schwartz, P.A.

Face it, we all love vacations. They are a time to get away, clear your head, and simply relax. What we do not want is to face a tragedy while on vacation. Tragedy can happen anywhere and to anybody. For instance, just two months ago, a passenger fell off a cruise ship off the coast of Florida. Prior to falling overboard, the passenger was involved in a verbal altercation with several of the ship’s crewmembers. These crewmembers yelled many gay slurs at said passenger who was on a vacation with his husband. Following the verbal altercations the passenger was seen falling off the side of the ship and grabbing a hold of a lifeboat. Cell phone videos captured this scary scene. The passenger eventually lost his grip and fell into the dark, treacherous ocean. The frantic search that covered 931 nautical miles was unsuccessful, and the investigation is currently pending as to the cause of this tragic incident.

Tragic accidents, can happen to anyone anywhere, even on cruise ships. If you are a cruise ship passenger or crewmember and you are injured on the cruise ship, you should hire an experienced lawyer for your case. There are special laws, both federal and international, that govern injury and death claims at sea. Fortunately, the Florida cruise ship accident lawyers at Gerson & Schwartz, PA have significant experience aggressively pursuing claims against all the major cruise lines including Carnival, Royal Caribbean, Norwegian, Princess Cruises, Disney Cruise Lines, Holland America, Celebrity, Costa, Seabourn, Regent, Crystal and many other vessels.

What to Do if You or a Loved One is Injured on a Cruise Ship

The Dangers of Shore Excursions

January 22, 2016 | by Gerson & Schwartz, P.A.

For cruise trips, shore excursions are rapidly growing in popularity and variety. Shore excursions help maintain the interest and attention of passengers of a particular cruise. Excursions typically offer access to a wide variety of tourist areas that are different from the ports and harbors where the cruise ship rests. They are also popular because by booking a specific excursion, the individual does not have to stress about sightseeing on this or her own. Instead, the cruise ship will take care of this. The cruise company will choose a relevant and necessary onshore tourist site and allow the individual to enjoy the highest quality of time there.

Albeit fun and convenient, excursion accidents do happen, and these accidents are sometimes tragic. Just last summer an Alaska sightseeing excursion plane crashed killing all nine passengers including the pilot! This plane was carrying cruise ship passengers on a shore excursion when it suddenly crashed near Ketchikan in the Misty Fjords area. Said plane was first reported missing at around 2:06 p.m., or 6:06 p.m. Eastern Time. Less than 30 minutes after the initial report, said plane was spotted by a helicopter crew against a granite rock face. Search and rescue teams then reached the crash site which was nearly 800 feet above Ella Lake.

Maritime laws differ significantly from ordinary personal injury laws and are highly complex and unique. Maritime laws maintain several rules pertaining to the time you may file your claim, legal liability, and the amount of money recoverable from your case. Generally, maritime law consists of a combination of different bodies of law from federal statutes, international treaties, laws of contract, and even substantive foreign law. Many people are unaware that maritime laws may govern their accident. Thus, if you are injured in a maritime accident, you should contact a qualified Florida maritime attorney.

Rape and Sexual Assaults on Cruise Ships

January 15, 2016 | by Gerson & Schwartz, P.A.

Instances of rape, sexual assault, and other sex crimes occur frequently on cruise ships. Just last year a cruise ship employee used a master key to enter the room of a female passenger. He hid on the room’s balcony until she returned. On her return to the room, she went to bed and was awakened by the intruder. The crewmember began choking her. The passenger fought for her life in every way she could by biting him and stabbing him with a corkscrew. The passenger was sexually assaulted, punched, and beaten with a laptop and a curling iron. She incurred brain injuries, fractures to her skull, spine, and face, and numerous bite marks. The crewmember even tried to snap the passenger’s neck. The crewmember tried to kill her. He became nervous when other passengers began knocking on the door and jumped off the balcony to the lower level in hopes of getting away. He was eventually caught.

Maritime law holds cruise lines strictly liable for the intentional, wrongful, and criminal acts of their employees. This includes rape and sexual assault. Rules of law governing conduct on cruise ships can be complex. To add to the complexities, cruise ships are governed by federal law, not state law, when the cruise ship is more than three nautical miles out at sea. If you or a loved one is a victim of a crime on a cruise ship, it is important that you seek the representation of an experienced maritime law attorney. The Miami, Florida maritime lawyers at Gerson & Schwartz PA have experience filing claims against all the major cruise lines.

The Cruise Ship Vessel Security Act of 2010

11-Year-Old Girl Molested on Disney Cruise

January 7, 2016 | by Gerson & Schwartz, P.A.

Last December, a Honduran man was arrested after allegedly fondling an 11-year-old girl aboard the Disney Magic cruise ship. The ship disembarked from Port Miami for a weekend long cruise. While aboard the ship, the girl told her parents that the man, 31-year-old Palma Ortega, had fondled her three times. If you or someone you love was the victim of sexual assault on a cruise ship, consider contacting a Miami Cruise Ship Sexual Assault Attorney.

Miami-Dade police are charging Ortega with three counts of lewd and lascivious molestation of a minor, and he is being held without bond. Upon detention, Ortega confessed to the crime. In the state of Florida, the lewd or lascivious molestation of a child under 12 is a felony punishable by 25 years to life in prison. The man is also on an immigration hold and may be subject to deportation.

It is not clear yet whether or not Ortega was a crewmember of the Disney cruise line, but regardless, the cruise ship company does not have the best track record of responding to sexual assaults by their crew members. In 2013, a similar event took place, where an 11-year-old girl was groped by a dining room employee on the Disney Dream cruise ship while the ship was docked at Port Canaveral. Local police could not arrest the man because Disney did not report the assault until the next day. Instead of receiving justice, the man was sent back to his home country of India.