Cruise Ship Accidents/Incidents

Carnival Cruise Lines Under Fire For Claims That It Knowingly Risked Passenger Safety On Infamous Triumph Cruise

January 7, 2014 | by Gerson & Schwartz, P.A.

According to two recent reports ready by our Florida cruise ship accident attorneys from both CNN and the Associated Press, Carnival knew that its now infamous Triumph ship posed a substantial risk of fire due to delays in the maintenance of its diesel engines and fuel lines, but allowed the ship to set sail anyway. More than 4,000 passengers and crew members became stranded aboard the Triumph in February of 2013 after a fire knocked out the ship’s power. The ship drifted for four days without air conditioning, and only had limited lights, water, food and working toilets, before it was towed to Mobile, Alabama.

According to the AP article, Triumph’s captain, Angelo Los, admitted in a November 22nd, 2013, deposition that he had been notified by Carnival that there had been problems with the ships flexible fuel hoses leaking. Los stated that he believed Carnival had known about the leaks since March of 2012. When confronted with a “compliance notice report” dated January 2nd, 2013, that recommended that spray shields be installed on engines’ flexible fuel hoses, Los confesses that the suggested spray guards were only a makeshift measure to deal with leaking fuel lines and had not even been installed on the engine that caught fire.

In response to the allegations that it was aware of the Triumph’s safety issues, Carnival stated, “The leak in the flexible fuel hose was a completely unexpected accident that took place. What ignited the fuel is unknown.” Carnival referred to the spray guards as the “best practice to avoid fires.” Carnival also claimed that the compliance notice only referenced fuel lines above the engine room floor, whereas the leak that disabled the Triumph occurred on a fuel hose beneath the engine room floor.

6 Year Old Boy Drowns On Carnival Cruise Mega Ship

January 6, 2014 | by Gerson & Schwartz, P.A.

Last month, our Florida cruise ship accident attorneys discussed some of the negative aspects of the ever-increasing size of cruise ships, including the fact that such megaships, by their very nature, have many more areas in which a passenger can become injured. As mentioned in that post, with more entertainment venues comes a greater risk of injury to passengers, especially when cruises feature options such as on-board surfing and giant waterslides. Some ships have several gigantic pools that too often go unsupervised by lifeguards.

One of the megaships that features such water entertainment options is the Carnival ship Victory, which is 893 feet long and has a capacity for 3,400 passengers and 1,000 crew members. The Victory has three large pools, all that include whirlpools, and a 214-foot-long waterslide. With such a massive amount of space to be supervised, it is no surprise that tragedy struck the Victory when 6-year-old Qwentyn Hunter of Winter Garden, Florida, drowned in one of the pools aboard the ship where no life guards were on duty.

According to a recent CNN story, Hunter was spotted underwater in a mid-ship pool by passengers as the ship was completing the final leg of a four-day journey. A ship DJ saw Hunter struggling in the water and another passenger guest then jumped into the pool to pull the boy out. A crew member attempted to revive the unconscious boy, but was unsuccessful and he was pronounced dead shortly after.

Cruise Ship Passenger Victim of Alleged Medical Malpractice

December 8, 2013 | by Gerson & Schwartz, P.A.

Earlier this week, the Florida Third District Court of Appeal issued a decision in the case of Taylor v. Gutierrez, which demonstrates the intersection of the maritime and medical malpractice fields of law. Our experienced Florida cruise ship attorneys have been monitoring the case closely as it pans out.

In Taylor, the plaintiff, Hilda Gutierrez, was a passenger on Royal Caribbean’s Oasis of the Seas cruise ship in May 2010, which sailed from Port Everglades, Florida through the Western Caribbean. At some point during the cruise, Gutierrez began experiencing severe abdominal pain and was taken to the ship’s medical facility. The ship’s physician, Dr. Chris Taylor, diagnosed Gutierrez with gastritis when she was actually suffering from an abdominal infection.

Gutierrez’s condition became worse and, upon reaching port in Mexico, she went to a hospital where she underwent abdominal surgery. Gutierrez was treated for abdominal sepsis and multiple organ failures and suffered a cerebral hemorrhage.

Cruise Ship Collision With Pier In Greece Highlights Need For Increased Passenger Safety

November 22, 2013 | by Gerson & Schwartz, P.A.

Earlier this week, the cruise ship industry suffered yet another disturbing incident when MSC Cruises’ Magnifica ship, transporting 2,469 passengers and 976 crew members, allided with a pier in Piräus, Greece. Alliding is a term often used in nautical contexts to describe an impact with a stationary object. The Magnifica suffered minor damage to its hull, although there were no immediate reports of injuries to the passengers or crew. According to reports, the ship was blown into the pier by strong winds while it was being berthed.

Although the initial reports indicate that the cause of the incident was inclement weather, further investigation might reveal that there’s more to the story. Unfortunately, as this blog has discussed recently, the cruise ship industry is not always forthcoming with negative information regarding its safety record. In fact, docking and berthing incidents are more common than expected with a number of serious accidents having occurred in recent years.

Perhaps the most memorable, and tragic, of these incidents was the sinking of the Carnival cruise ship Costa Concordia, which crashed into the rocks off the coast of Giglio Island, Italy, resulting in the deaths of thirty two individuals and injuries to dozens of others. Carnival and ship’s captain, Francesco Schettino, took heavy criticism for the botched evacuation efforts, which suffered from significant delays, allegations of bribery, and the captain’s early abandonment of the ship.

Is Bigger Always Better? The Problems Posed By Cruise Mega-Ships.

November 10, 2013 | by Gerson & Schwartz, P.A.

In 1985, the largest cruise ship in the world was the 46,000 ton Carnival Holiday. A decade ago, the largest ship was the Queen Mary 2, was three times as large at 148,528 tons. Today, this distinction is held by Royal Caribbean’s Oasis and Allure of the Seas; each weighing in at an astonishing 220,000 tons and having a capacity of well over 6,200 passengers. As these statistics demonstrate, the size of passenger cruise ships has grown exponentially over the last thirty years, and shows little signs of stopping. This raises the question, however, is there such a thing as a cruise ship that’s too big?

It would appear that, despite a number of recent setbacks suffered by the industry, cruising is more popular than ever, and growing. In 2012, more than 17 million people jumped on a cruise ship, 10 million more than in 2000. As demand for cruises, grows, so does the size of ships that can carry more passengers and provide greater entertainment, shopping, and dining experiences. With more “real estate” to cover, however, cruise ships may struggle to maintain a satisfactory level of passenger safety.

With more entertainment venues comes a greater risk of injury to passengers, especially when cruises feature options such as on-board surfing and giant waterslides. Some ships have several gigantic pools which too often go unsupervised by lifeguards. Last month, 6-year-old Qwentyn Hunter of Winter Garden, Florida, drowned in one of the pools aboard the Carnival Victory where there were no lifeguards on duty.

In addition to the greater risk of injury to passengers, larger numbers of passengers with more room to move around increase the likelihood of criminal activity. According to a report by the FBI, in 2007, 207 criminal incidents were reported to the FBI by the U.S. Coast Guard and Cruise Lines International Association (CLIA). Of those crimes, 41 reported instances of more secluded locations that are not monitored by ships personnel, with sexual assault accounting for fifty-five percent of the violent crimes that were reported. Larger ships are more trafficked by passengers, and represent ideal locations for the commission of a crime.

Finally, larger ships means more areas in which a passenger can slip and fall. Foreign substances often make their way on to passenger cruise ships, cargo vessels and their decks. If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it. This is harder to do when crew members have a lot more ground to cover.

As this blog has mentioned before, because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.
The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the attorneys of Gerson & Schwartz, P.A. today.

Crew Raises Liability Questions.

September 17, 2013 | by Gerson & Schwartz, P.A.

According to a recent story by the Huffington Post last week, a crew member of a Carnival cruise ship headed to New Orleans, Louisiana had to be airlifted to a hospital after falling and hitting her head on the ship’s deck. A Coast Guard news release stated that one of its helicopters picked up the 34-year-old woman on the morning of August 7, 2013, from the Carnival Conquest, located approximately 172 miles southeast of New Orleans. The woman was taken to Interim LSU Public Hospital, and is currently in stable condition.

As this blog has discussed on several occasions, premises liability is a legal terms that references a property owner’s duty to maintain their premises in a reasonably safe condition. Depending on the relationship between the individuals, an owner will owe one of three different duties to entrants of his property. Cruise ships are no different, as the ship and its crew owe a duty of reasonable care to passengers. Invitees are afforded the highest duty of care by owners under Florida law. Invitees are individuals who enter a property for the benefit of the property owner, such as to conduct business. Passengers on cruise ships are considered invitees and therefore owed the accompanying duties.

Cruise liners owe passengers a duty to keep the ship in a safe condition, as well as a duty to repair or warn of known dangerous conditions on the vessel and to regularly examine the premises so as to discover any dangerous conditions. As a result of the duty to inspect, cruise lines can be held liable for injuries resulting from dangerous conditions that the crew didn’t actually know about but should have.

Unfortunately, cruise ship slip and fall accidents can occur anywhere. Foreign substances often make their way onto passenger cruise ships, cargo vessels and their decks. If the dangerous condition exists long enough on the vessel, regardless of who created the dangerous condition, the cruise line owes passengers a duty to warn of the condition and correct it.

The occurrence of the Carnival cruise line crew member’s fall demonstrates that anyone, including a seasoned sailor, can fall victim to a dangerous condition on the deck of a cruise ship. Depending on what caused the crewmember to fall will likely determine what the cruise line’s ultimate liability for the defective condition will be.

If you or someone you know has been injured as the result of the dangerous condition on a cruise ship, it is important that you discuss your situation with a knowledgeable attorney as soon as possible to determine the merit and value of your claim, as well as to preserve any evidence favorable to your claim. Because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the attorneys of Gerson & Schwartz, P.A. today.

Man stranded in Turkish Hospital

September 12, 2013 | by Gerson & Schwartz, P.A.

What would you do if you were injured on a cruise ship and found yourself stranded in a foreign country without adequate medical care? That is exactly the situation Dodge Melkonian faced after breaking his hip on a Royal Caribbean cruise ship.
ABC News reports that Dodge and his wife, Jill, who have been on almost 30 cruises to date, were enjoying Royal Caribbean cruise to Turkey when disaster struck. Dodge slipped and broke his hip onboard the ship.

The cruise line responded by dropping them off at a local hospital in Turkey that was so dirty that Jill was worried Dodge would get an infection if he had to stay there long. To make matters worse, no one at the hospital spoke English, and they did not allow women inside their facility because of strict cultural mores.

Then, the couple found out that the hospital they were left in wasn’t equipped to conduct the surgery that Dodge needed. Stranded and left without any assistance by Royal Caribbean, the couple managed to get into contact with an English-speaking tour guide who found alternative transportation for the couple to a hospital in Istanbul, after Royal Caribbean’s insurance company cancelled their first attempt at transportation.

According to New York Daily News, Dodge is now safely in Istanbul thanks to the Turkish tour guide who even donated his blood to ensure that Dodge recovered.

The couple is left shocked by Royal Caribbean’s actions, especially since they were only on the cruise because they were offered a free ticket as a goodwill gesture after their last cruise ship caught on fire.

Even though the accident occurred in a foreign country, maritime law requires cruise lines to provide passengers with reasonable care in the case of an onboard injury. Dodge—and anyone who has suffered an injury while on a cruise—shouldn’t wait to contact an experienced attorney. In these cases, shorter statute of limitations apply, which could leave the injured party responsible for the medical and transportation costs if action isn’t taken quickly.

If you or a loved one has suffered a cruise ship injury, contact the attorneys at Gerson & Schwartz a at 877-475-2905 for a free consultation. You can be sure that you are in good hands; our attorneys have more than four decades of experience representing injury and accident victims

Hard Landing at Statue of Liberty

September 10, 2013 | by Gerson & Schwartz, P.A.

A passenger ferry making the regular crossing to the Statue of Liberty made a hard landing, which resulted in a number of injuries to the passengers onboard. As a popular tourist destination that hosts international visitors and Americans from all over the country, it is likely that those involved were from a wide variety of locations, including Miami, Florida.

According to the Maritime Executive, the incident occurred on Aug. 27, 2013 in the afternoon, and the exact cause of the hard landing remains unknown. However, it has been confirmed that 497 passengers and nine crew members were onboard the ferry, which was travelling from New Jersey to Liberty Island when the incident happened. Although the initial report stated that the accident resulted in nine maritime injuries, some reports show this figure is too low.

Injuries at Sea

Injuries that occur at sea are more common than most people think. There are so many potential unexpected occurrences and hazards that it is hard to prepare for all of them. Those who work at sea are at a particularly high risk of personal injury because of the increased amount of time spent on the water. Ferry and cruise ship passengers are also at risk as has been demonstrated in the incident at the Statue of Liberty. In Miami, Florida, a substantial number of residents work on the coast, so there is a fairly high rate of maritime injury.

In many ways, the passengers onboard during this incident were fortunate because only minor injuries were sustained. However, in the last few years, there have been many cases of cruise ship accidents that were much more devastating.

Maritime law covers several areas, one of which is personal injury to passengers. Maritime injury is not well understood by most people, but if you have been affected by an accident and have sustained a personal injury at work, as a passenger on a ferry, while riding on a cruise ship or while partaking in water sports, you may be owed compensation.

Gerson & Schwartz: Miami Maritime Injury Lawyers

Contact Gerson & Schwartz, P.A. a Miami Florida-based law firm that has many years of experience representing individuals who have suffered injuries at sea. If you or someone you know has sustained such an injury, call 877-475-2905 for a free consultation with one of our attorneys. You can visit our website for information about maritime injuries.

Passengers Abandoned In Foreign Port

September 4, 2013 | by Gerson & Schwartz, P.A.

Cruise ships can be a great way to explore foreign lands and see the world, however, a dream vacation can become a nightmare if something goes wrong while traveling abroad. Problems that arise while cruising internationally can be particularly difficult, as travelers often don’t speak the native language or have any familiarity with the area. Disturbingly, many cruise lines will do little or nothing to assist passengers that run into problems while traveling abroad and, in some extreme cases, will abandon individuals altogether.

This is exactly what happened recently to an elderly couple, Jill and Dodge Melkonian, from Clearwater Florida who were passengers aboard an Azamara Club Cruise in Turkey. On August 19, 2013, Dodge fell aboard the ship and broke his hip. The ship dropped the Melkonians in Bartin, Turkey, so Dodge could receive medical treatment at a local hospital.

To the couple’s dismay, the ship abandoned the couple in Bartin, and, when they asked the cruise liner to assist in having Dodge transferred to another hospital in Istanbul, they were informed they would have to file a written claim against their traveler’s insurance.

According to a statement given by Dodge, none of the hospital staff spoke English, the hospital was dirty, and, due to Turkish custom, women were not permitted to enter the hospital room. In addition, the hospital was not equipped to perform reconstructive surgery on Dodge’s hip. Fortunately, Dodge was eventually transferred to an American hospital in Istanbul with aid from the United States Embassy.

When asked about the situation, U.S. Senator Bill Nelson from Florida, stated, “[I]t’s outrageous that they would leave an elderly couple in a foreign country without adequate support. Royal Caribbean has a responsibility to take care of their passengers, even when they have to put them in a foreign hospital.”

Tammy Levent of Elite Travel, the agency which handled the Melkonians travel arrangements, expressed concern for Dodge, “The man could be dying. He is 89 years old with a broken hip. You have insurance, shouldn’t it cover you? They drop you in a hospital that’s not capable of even doing the surgery.”

Passengers of international cruises are usually required to file legal claims in Florida courts, which can be inconvenient and expensive for many travelers, most of whom don’t live in the state. This is because the relationship between the cruise line and passengers is outlined in the passenger ticket contract, which generally requires claims against the cruise company to be filed in a Florida court.

As this blog has mentioned before, because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the Miami, Florida personal injury attorneys at Gerson & Schwartz, P.A. today.

Liability Of Cruise Liners

August 23, 2013 | by Gerson & Schwartz, P.A.

The last thing on a person’s mind when they depart for their dream cruise vacation is the possibility that they will become the victim of a crime while sailing the seas. However, many cruises ships are essentially floating cities, and, as such, often experience incidents of criminal activity.

According to a statement made by Deputy Assistant Director of the FBI Salvador Hernandez to the House Committee on Transportation and Infrastructure in 2007, 207 criminal incidents were reported to the FBI by the U.S. Coast Guard and Cruise Lines International Association (CLIA) that year. The reports were broken down into eight categories according to the nature of the incident: homicide, suspicious death, missing U.S. national, kidnapping, assault with serious bodily injury, sexual assault, firing or tampering with vessels, and theft greater than $10,000.

At the time of the statement, there had been no reports of homicide, suspicious death or kidnapping aboard CLIA ships, however, disturbingly, there were 41 reported instances of sexual assault accounting for fifty-five percent of the violent crimes that were reported. Further, there were a reported thirteen assaults resulting in “serious bodily injury.”

There are a number of problems that cruise ship officials face in attempting to investigate and prevent such crimes from occurring on board ships. Because most ships have no formal police force, any evidence of a crime will likely not be properly preserved, the scene of the incident may be contaminated, and if an investigation does occur, it will be delayed until the actual police become involved which, some cases, may take days.

As this blog has discussed before, all businesses owe patrons a certain duty of care. However, because cruise liners are considered “common carriers,” they owe their customers a greater duty of care. Cruise companies have a duty to provide a safe environment for their passengers, and the failure to do so may entitle the injured party to compensation.

There is, however, a different standard for criminal acts committed against passengers by cruise ship employees. Under general maritime law, cruise liners are strictly liable for the intentional, wrongful, and criminal acts of their employees, such as in a rape or sexual assault. This means that a cruise ship company may be found liable for the criminal acts of its employees without a finding of fault, such as negligence.

As this blog has mentioned before, because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the attorneys of Gerson & Schwartz, P.A. today.