Cruise Ship Accidents/Incidents

Cruise Ticket Time Limits May Prevent You From Ever Bringing a Claim

October 1, 2014 | by Gerson & Schwartz, P.A.

If you are injured on a cruise ship, a major hurdle that you may have is filing your lawsuit within the time period provided by law. Cruise ship accident victims are often excluded from bringing negligence or liability claims, based upon having waited too long to file a lawsuit.

What is a Statute of Limitations?

A statute of limitations is a deadline in which a lawsuit can be filed. After that deadline, the lawsuit is forever barred. Different causes of action—negligence, breach of contract, malpractice, etc. – may have different statutes of limitations, and different states have different limitations on each kind of action.

Cruise Industry Still Thinks New Laws are Unnecessary

September 24, 2014 | by Gerson & Schwartz, P.A.

The Washington Post recently published an interesting article about whether or not cruise ships are doing enough to protect passengers, and whether existing regulations are strong enough to ensure passenger safety.

The article describes one passenger who almost drowned in the undertow of a pool on the ship, after going down a large slide. Her sister noticed her struggling, and only after she desperately cried for help did anybody from the cruise staff jump in to help her.

To make up for her accident, Carnival offered her a $100 coupon.

Cruise Ship Medical Malpractice – Are Ships Responsible?

August 29, 2014 | by Gerson & Schwartz, P.A.

When you are on a cruise, you are often miles out into the ocean, far away from land. While on the cruise you may be engaging in extreme sports, eating foods you aren’t used to eating, walking on rocking floors, and being in close contact with thousands of other passengers in a closed environment. With the chances of injury or illness being high, you would think that ships were equipped with medical facilities and personnel that were prepared to deal with any kind of medical emergency. Think again.

Medical Facilities on Cruises

In fact, there is little regulation about what kind of medical facilities must be on board, and medical personnel may be licensed in countries that are not as stringent as the licensure requirements in the U.S.

International Cruise Victim Association Board Member, Philip M. Gerson Speaks to Congress at Senate Hearing in order to better enforce the Cruise Vessel Safety and SecurityAct 0f 2010

July 30, 2014 | by Gerson & Schwartz, P.A.

On July 24, 2014 a senate Committee Hearing chaired by retiring Democratic Senator John D. Rockefeller IV, illustrated the necessity for better enforcement of the Cruise Vessel Safety and Security Act 0f 2010Act. The Bill S. 1340, known as the Cruise Passenger Protection Act, perfects the intent of congress in passing the 2010 legislation. Despite, efforts made by the cruise lines to thwart the passage of this legislation, crime victim advocates and personal injury attorneys such as Miami based lawyer, Philip M. Gerson of Gerson & Schwartz, P.A. still pursue justice for passengers on the high seas. Mr. Gerson addressed congress detailing the negligent behavior of the cruise line industry and its trade group, Cruise Lines Industry Association, commonly referred to as CLIA. Mr. Gerson illustrated how cruise ship owners suppress the facts, rather than honestly report them to their passengers. These organizations and individuals alike, boast that its passengers are safer at sea, when this is clearly not the case.

At the senate hearing Mr. Gerson emphasized, how ship security is on board to protect the ship owners, not their passenger customers. Moreover, he pointed out how the legal relationship between the passenger and the cruise line is deliberately written in a way that is difficult to understand. Due to the fact, that the contractual terms which individuals sign are printed in tiny font and using legal and maritime terms that cannot be understood by the average person who takes a cruise, the rights of crime victims on board a cruise are often signed away before they even embark.

The compelling stories of three witnesses who spoke at this hearing demonstrated how difficult it has been for victims to seek or obtain protection before, or assistance after, violent and brutal crimes such as rape and sexual assault occur. Mr. Gerson continued to express deep concern for women and children who are unsafe while at sea. These vulnerable populations in particular are targeted by sexual predators often including crew members hired to work on board the ship. Sometimes, individuals hired as security guards who passengers understandably believe are on board to protect guests are the very ones who are committing these heinous crimes. More importantly, there is absolutely no police protection, on board these floating cities, and so defenseless passengers are left to protect themselves.

Two U.S. Men Allegedly Rape Woman While In Jamaican Waters

July 1, 2014 | by Gerson & Schwartz, P.A.

Over the last year, our Florida cruise ship attorneys have had the unfortunate task of discussing a number of incidents in which cruise ship passengers have been the victim of sexual assault or rape at the hands of crew members or other passengers.

Recent Incidents

In February, we discussed an Inside Edition interview with a young woman who claims that she was held down by two crew members in their cabin and raped repeatedly onboard a Carnival cruise. In April, we talked about sexual abuse allegations against a Disney Cruise Line crew member who has been charged with two counts of lewd or lascivious molestation and one count of false imprisonment of a 13-year-old female cruise passenger. Last year, there was an assault on a fourteen-year-old passenger aboard Carnival Cruise Line’s Imagination by a security guard, and, in July of 2012, a 19-year-old man from Kentucky was charged with raping an 18-year-old aboard the Carnival Dream.

Cruise Ship Employee Allegedly Rapes Passenger While in St. Kitt’s Territorial Waters

June 26, 2014 | by Gerson & Schwartz, P.A.

Over the last year, our Florida cruise ship accident attorneys have discussed a number of incidents in which cruise ship passengers have been the victim of sexual assault or rape at the hands of crew members or other passengers. Several weeks ago, two U.S. men were accused of raping a female passenger aboard Royal Caribbean’s Navigator of the Sea, which docked in Jamaica.

In February, we discussed an Inside Edition interview with a young woman who claims that she was held down by two crew members in their cabin and raped repeatedly onboard a Carnival cruise and, in April, we talked about sexual abuse allegations against a Disney Cruise Line crew member who has been charged with two counts of lewd or lascivious molestation and one count of false imprisonment of a 13-year-old female cruise passenger.

Recent Allegations

Centers for Disease Control Issues Report Regarding Cruise Ship Illnesses

June 18, 2014 | by Gerson & Schwartz, P.A.

Over the last year, this blog has discussed on several occasions one of the most prominent problems faced by the cruise industry, onboard outbreaks of gastrointestinal illness. Each year, there are dozens of such outbreaks, including those suffered by Royal Caribbean Cruise Lines’ Grandeur of the Seas in April, in which 111 of 2122 (5.23%) passengers and 6 of 790 (0.76%) crew; Royal Caribbean’s Explorer of the Seas in January, in which 630 of 3,071 (20.5%) passengers and 54 of 1,166 (4.6%) crew; and the Norwegian Gem in November, in which 111 passengers and 3 crew members (4.55% of the total number of people onboard) reported being ill with symptoms of vomiting and/or diarrhea. Our maritime attorneys are monitoring this information closely.

According to a recent publication by the Centers for Disease Control (“CDC”) the leading cause of norovirus, a common cause of gastrointestinal illness, is infected food handlers who work while sick and don’t regularly wash their hands. Despite this finding, and common knowledge that cruise ships are essentially floating restaurants, the report inexplicably concluded that one is far more likely to contract the norovirus in a restaurant than on a cruise ship.

The CDC report estimates that 20 million people get sick from norovirus each year, mostly from coming in close contact with infected individuals or by eating contaminated food. The report concluded that cruise ships account for only one percent of reported norovirus cases, while the other 99 percent of cases occur on land. Although this claim appears, on its face, to favor the cruise ship industry, it is likely misleading.

Saga Cruises’ Ship Stranded After Electrical Fire

June 2, 2014 | by Gerson & Schwartz, P.A.

According to a report from the BBC, Saga Cruises’ Sapphire cruise liner was left stranded off the Isle of Mull with 1,008 passengers and crew aboard after an electrical fire broke out over the weekend and knocked out the ship’s power supply. Our Florida maritime attorneys read the BBC report, which claimed that there were no injuries and the Coastguard was providing the ship support while the crew dealt with the problem.

Following the incident, Saga released the following statement via Twitter:

There was a small electrical fire in the engine room on the Saga Sapphire at 10am on 16th May. This was quickly and professionally dealt with by the crew. The ship is currently anchored, in fine weather, off the Isle of Mull whilst the damaged electrical panel is repaired and tested. Our priority is always to make sure our passengers and crew are safe and well.

South Korean Ferry Disaster Shines Spotlight On Cruise Industry

May 1, 2014 | by Gerson & Schwartz, P.A.

Our Florida Cruise Ship Attorneys have dedicated their decades of experience to representing cruise ship passengers that are injured by the acts or omissions of the cruise ship industry and its employees. This past Tuesday, the New York Times published a short editorial discussing the questionable actions of South Korean ferry captain, Lee Jun-seok, in abandoning the ship while it sank with hundreds of passengers still aboard. The South Korean ferry, Sewol, turned on its side and sank last Wednesday, leaving two-thirds of the 476 passengers dead or missing. So far as we know, none of those aboard included American citizens.

Captain Lee and two-thirds of ferry’s crew survived, many of whom, including Lee himself, jumped ship shortly after it began to go down. According to reports, only one of the ferry’s 47 lifeboats was deployed, and the order to abandon ship wasn’t broadcast until 30 minutes after the ferry began to sink. One crew member claimed that an immediate evacuation was not conducted the ferry’s officers were attempting to stabilize the vessel. To date, Lee and six crew members of the Sewol have also been arrested, with others under investigation. South Korean law allows for an individual convicted of abandoning passengers at a time of crisis to be punished by life in prison.

The tragedy of the Sewol casts the spotlight back on the cruise industry, especially given the similarity of the allegations against Lee to those asserted against the captain of the Carnival cruise ship Costa Concordia in 2012. In one of the worst cruise disasters in history, the Costa Concordia crashed into the rocks off the coast of Giglio Island, Italy, resulting in the deaths of 32 individuals and injuries to dozens of others.

Gastrointestinal Disease Strikes Royal Caribbean Cruise Out Of Baltimore

April 14, 2014 | by Gerson & Schwartz, P.A.

Saturday, Royal Caribbean Cruise Lines’ Grandeur of the Seas returned to Baltimore from a seven day journey during which a number of passengers suffered from a gastrointestinal illness causing symptoms of vomiting and diarrhea.

The Centers for Disease Control and Prevention (“CDC”) officially issued a cruise ship illness outbreak alert for the ship, on which 111 of 2122 (5.23%) passengers, and 6 of 790 (0.76%) crew, reported falling ill with symptoms of vomiting and/or diarrhea. The CDC still has not officially announced the cause of the illness, but our Florida maritime accident attorneys are waiting with anticipation for a discovery.

According to the Outbreak Alert, Royal Caribbean took the following action to deal with the outbreak: