maritime accidents

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.

What Happens When the Cruise Line Sends You to a Medical Examination?

July 15, 2014 | by Gerson & Schwartz, P.A.

If you are injured on a cruise ship, part of the burden in proving your case is showing you have sustained an injury, and proving the nature, severity, and permanency of your injuries. If you have sustained a major injury—for example, one that requires surgery—that may sound like an easy burden. But despite how obvious your injuries may be, the law allows a defendant cruise line to force you to attend what is known as an Independent Medical Examination, or IME. An experienced Florida cruise ship attorney can help you understand the process.

What is an IME?

An IME is a medical examination that an injured person is compelled to attend while their case is pending. Although the name may imply that the examination is “independent,” in most cases, the physicians are hired and paid by the cruise line, and may even receive significant money from the cruise through repeated referrals of injured passengers. IMEs are fairly routine, and are used by defendants in all kinds of cases.

Costa Deliziosa Power Outage Causes Delays And Raises Safety Concerns

July 10, 2014 | by Gerson & Schwartz, P.A.

Over the last year, our Florida cruise ship accident attorneys have discussed what appears to be a never-ending string of cruise mishaps, made worse by cruise liners continued policy of denial and concealment of such issues. In March, Royal Caribbean’s Adventure of the Seas and the Navigator of the Seas had problems returning to port. The Adventure of the Seas lost propulsion after the cruise ship’s “fixipod” leaked oil and barely made it to San Juan and the Navigator of the Seas was unable to make port on time due to an oil spill caused by a collision between a ship and a barge.

Recently, 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. In April, the South Korean ferry, Sewol, turned on its side and sank, leaving two-thirds of the 476 passengers dead or missing after the ferry’s captain jumped ship shortly after it began to go down.

Another Recent Mishap

News Report Highlights Growing Concern Over Drowning Deaths Aboard Cruise Ships

June 10, 2014 | by Gerson & Schwartz, P.A.

On a number of occasions, our Florida maritime attorneys have commented on the negative aspects of the ever-increasing size of cruise ships, specifically, that these giant vessels have so many more areas in which passengers can get hurt. With more entertainment areas comes the greater risk of harm to passengers, especially when cruises feature options such as on-board surfing and giant waterslides. Many ships now boast several gigantic pools, which are unsupervised by lifeguards or other crew members.

Late last year, one of the problems associated with these large, and numerous pools was brought to light 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. 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 and pulled the boy out. A crew member attempted to revive the unconscious boy, but was unsuccessful and he was pronounced dead shortly after. According to one passenger’s account, there were a number of adult passengers in the pool area, but no lifeguards.

South Carolina Man Disappears After Falling Overboard From Celebration Cruise Line Ship

May 23, 2014 | by Gerson & Schwartz, P.A.

Late last month, South Florida news outlet CBS Miami reported that the U.S. Coast Guard launched a search for a 30-year old man who reportedly jumped over the railing of Celebration Cruise Line’s Bahamas Celebration. James Miller of Charleston, South Carolina, was reported overboard shortly after 2 a.m. on April 27, as the ship headed back to its home port in West Palm Beach. According to ship officials, the vessel turned around when Miller was discovered missing, but the ensuing search was unsuccessful. Our cruise ship accident attorneys are monitoring this story closely.

On April 28, Fox 4, reported that one couple who was aboard the Bahamas Celebration when Miller went overboard were shocked at how unprepared officials seemed during the search and rescue mission. One of the couple commented that it didn’t seem like the crew put enough effort into the rescue, and the incident had the couple hesitant to ever bring their 10-year-old son with them on a cruise.

In response to the incident, Celebration Cruise Line issued the following statement:

Woman Sues Carnival Cruise Lines Over Alleged Rape By Crew Members

March 3, 2014 | by Gerson & Schwartz, P.A.

Last week, Inside Edition, published an interview with a young woman who claims that she was raped while aboard a Carnival cruise ship last year. According to 28-year-old Tristin, who asked that her last name not be disclosed, she was held her down by two crew members in their cabin and raped repeatedly. Our cruise ship attorneys in Florida have been watching this case closely for additional details to emerge.

Following the incident, Tristin reported the attack to ship security, prompting a breathalyzer test of the involved crew members. Tristin admitted to drinking that evening, but, contrary to the claims of the alleged attackers, the sex was not consensual. Tristin has filed a lawsuit against Carnival Cruise Lines, but Carnival is denying any wrongdoing and criminal charges have not been levied against the crew members.

Carnival issued the following statement with regard to the assault: