Wrongful Death

Does the Death on the High Seas Act Apply to Cruise Ships?

August 14, 2023 | by Gerson & Schwartz, P.A.

Accidents on cruise ships are common, and they cause injuries to numerous passengers every year. These incidents rarely lead to loss of life, but fatal accidents do happen. However, they are not covered by the same Florida wrongful death laws that would apply if the fatality occurred on land. Instead, the Death on the High Seas Act (DOHSA) governs the legal process. Once a cruise ship travels beyond three nautical miles from the shore of the US, DOHSA is the statute that provides victims with legal remedies.

DOHSA was originally intended to protect workers at sea by allowing family members to seek compensation after the employee’s death. The law does apply to fatal accidents on cruise ships, so it is critical to get help with your remedies if your family is affected. A Miami cruise ship accident lawyer will assist with all legal requirements, but you can read on for some background about DOHSA.

Overview of DOHSA

Authorities Investigate Death of Almarosa Tenorio, 52, on Royal Princess Cruise Ship as Murder

November 30, 2018 | by Gerson & Schwartz, P.A.

Authorities Investigate Death on Princess Cruise Ship as Murder

On Tuesday, November 13, Almarosa Tenorio, 52, died on the Princess Cruises vessel, the Royal Princess. The cruise ship was in the middle of an eight-day trip from Fort Lauderdale, Florida to the Caribbean. Initial reports indicate that the woman struggled with a man on an upper deck. The man appeared to choke her before pushing her overboard. She fell from the upper deck, falling 14 stories onto a lifeboat. The death was reported to local authorities in Aruba, and the U.S. Federal Bureau of Investigations is involved. It is being investigated as a suspected murder.

While authorities will investigate and determine whether criminal charges may be brought, Tenorio’s surviving children may consider whether there is an appropriate civil claim. There may be evidence regarding a lack of appropriate security aboard the cruise ship. Also, if a suspect is identified, the family may have a wrongful death claim against the responsible individual.

Florida Resident Christopher McGrory Dies From Fall on Cruise Ship

October 26, 2018 | by Gerson & Schwartz, P.A.

Christopher McGrory, 29, was onboard the Bahamas Paradise Cruise Line’s Grand Classica for his bachelor party. What should have been a fun trip before his nuptials ended tragically. McGrory fell from an upper deck, landing on a lower portion of the vessel. He did not fall overboard. He was rushed to St. Mary’s Medical Center in West Palm Beach by the U.S. Coast Guard and the Riviera Beach Fire-Rescue. The cause of McGrory’s fall is unknown, and the U.S. Coast Guard is investigating.

Unfortunately, McGrory’s story is not as rare as it should be. Falls on cruise ships occur frequently, though they are not always fatal. Many falls result in serious injuries.If you fell and suffered an injury on a cruise ship, or you lost a loved one in a significant fall, do not hesitate to contact a Miami cruise ship attorney from Gerson & Schwartz P.A. We are highly experienced cruise ship attorneys. If the fall was due to a defect or a dangerous condition on the vessel, we can represent you in pursuit of fair compensation. Call us at (877) 475-2905 or contact us online to schedule a free consultation.

Cruise Ship Falls May Be Due to Crew Member Negligence

Search Called Off After Georgia Man Goes Overboard on Carnival Cruise

February 27, 2017 | by Gerson & Schwartz, P.A.

Last week, officials from the U.S. Coast Guard made the decision to call off the search for a man who fell overboard while sailing on a Carnival Cruise ship. Security cameras on board the ship recorded 24-year-old Kevin Wellons falling from the 11th deck of the ship while the vessel was sailing near Abaco, Bahamas. The cameras did not record how or why the Warner Robins, Georgia man fell from the Carnival Elation, and only caught his descent into the water.

Wellons fell overboard at about 2:45 a.m. on the morning of February 13, 2017. Wellons’ wife reported him missing to the ship’s authorities after she awoke around 8 a.m. By 11 a.m., the ship had deployed rescue boats, helicopters, and had notified the Coast Guard, but had no luck locating Wellons. The search was called off a week after the accident with Wellons presumed dead.

The Coast Guard states that they do not suspect foul play involved in Wellons’ death, and his presumed drowning was likely an accident. Further investigation will show if the cruise line was negligent in failing to prevent Wellons’ death. If you or a loved one was injured or suffered an accident while on a cruise ship, the Florida cruise ship accident lawyers at Gerson & Schwartz, P.A., can help.

Cruise Ship Swimming Pools and the Possibility of Harm

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

Are you contemplating embarking on a cruise ship vacation? Be aware that accidents on cruise ships seem to happen with regularity. Often times the accident may be life threatening or even fatal. A common type of accident on cruise ships is drowning. Even though this is a common tragedy, cruise ships fail to hire lifeguards to monitor cruise ship swimming areas. As a matter of fact, the only cruise line that hires lifeguards is the Disney Cruise line.

Just recently, a 4-year-old child almost drowned in a cruise ship wave pool. He was a passenger of the Royal Caribbean’s Oasis of the Seas. The cruise ship had just departed from Port Everglades, when unbeknownst to his mother, the boy entered the wave pool. The young child was then “swept away.” It was reported that he was below water for over six minutes. Another passenger spotted the drowning child. This accident prompted the ship to return to Port Everglades. The young child, in critical condition, was rushed to a nearby hospital. This accident prompted additional demands for lifeguards on all cruise ships. This demand is echoed by Andrew Coggins, a cruise industry expert. Mr. Coggins maintains that all cruise lines should have lifeguards and all cruise lines should require children wear flotation vests when near the pools.

If you or your loved one were injured on a cruise ship, it is imperative that you hire an experienced attorney. The Miami maritime lawyers at Gerson & Schwartz, PA have the experience and skill need to aggressively take on your case. Contact our attorneys today at 305-371-6000 or via email at info@gslawusa.com to schedule a FREE consultation.

Cruise Ship Crew Member Dies in Elevator

January 1, 2016 | by Gerson & Schwartz, P.A.

While the exact details of the accident are still under investigation, what is clear is that a crew member died in a Carnival Ecstasy elevator while passengers caught glimpses of the gruesome scene. The ship was in the last legs of a Caribbean cruise departing from Miami when Florida residents Matt Davis and his wife were walking toward the elevator and noticed it was malfunctioning, only partly open and dripping with a copious amount of blood. When they alerted the cruise ship’s staff, they were told to leave the scene and enter the restaurant.

Miami-Dade police are currently investigating the freak accident that killed electrician Jose Sandoval Opazo, 66, of Liguria, Italy. Carnival Cruise Line has been reluctant to provide many details regarding the incident but do extend their support to the victim and his family. Witnesses of the accident say that crew members told them that Opazo was working either inside or behind the elevator when the elevator came down. If you were injured or lost a loved one aboard a cruise ship consider contacting a Miami Cruise Ship Accident Attorney.

Carnival Cruise Line has been fraught with controversy surrounding various catastrophic accidents in recent years. In 2012 the Costa Concordia capsized off the coast of Italy, killing 32 people. The cause of the accident was the hubris of the ship’s captain who intentionally steered the ship too close to shore. In 2013 the Carnival Triumph caught fire, which knocked out the ship’s power, leaving the cruise stranded for four days without working toilets.

Eight-Year-Old Boy Drowns in Cruise Ship Swimming Pool

December 25, 2015 | by Gerson & Schwartz, P.A.

While aboard a Royal Caribbean cruise ship, an 8-year-old boy drowned in one of the ship’s swimming pools. The ship named “The Liberty of the Seas” was traveling from Galveston, Texas to Cozumel, Mexico when the tragedy occurred. The child’s body was discovered by one of the passengers and removed from the pool. A member of the ship’s medical team performed CPR on the child for over an hour but was unsuccessful. If you were injured or lost a loved one in a cruise ship accident, consider contacting a Miami Cruise Ship Accident Attorney.

Despite the many risks involved with swimming children, most cruise lines do not have lifeguards stationed at their family pools. It is telling that in this situation a passenger and not a cruise ship employee had to be the one to first attempt to rescue the boy from the pool.

While signs are always posted to warn passengers to swim at their own risk, it makes you wonder if that is enough to protect children on cruises. Especially when you consider the scenario of a long cruise where there are many opportunities for a child to be separated from his or her parent and swim unsupervised, the lack of lifeguards is baffling.

Multiple Suits Filed Against Owner of El Faro by Victims’ Families

November 27, 2015 | by Gerson & Schwartz, P.A.

In October, the El Faro cargo ship sailed through the path of Hurricane Joaquin on its way from Jacksonville to Puerto Rico. The large waves and heavy winds caused the ship to sink and all 33 crew members died at sea. Now some of the families are coming forward to file wrongful death suits against TOTE Maritime, the owner of the cargo ship. If you were injured or lost a loved one aboard a seagoing vessel, contact a Miami Maritime Accident Attorney.

Eight plaintiffs related to victims of the El Faro disaster are suing TOTE Maritime in Florida for wrongful death, claiming that tragedy could have been avoided. The remaining families have until December 21st to file claims against the shipping company due to a court order.

TOTE Maritime previously tried to block all lawsuits by the victims’ families, claiming that it was not to blame for the incident. The company filed a complaint in the U.S. District Court in Florida claiming that they exercised due diligence and did everything in their power to make sure the ship was safe and therefore should hold no financial liability for the accident. The court soundly rejected this complaint but agreed to cap the damages at $15 million if the company was not found to be negligent for the disaster.

Passenger Drowning at Sea – Understanding Your Rights

September 2, 2015 | by Gerson & Schwartz, P.A.

The Marine Accident Investigation Branch of UK Government (MAIB) recently published a report about the drowning of a 29-year-old female passenger in a swimming pool on board Sapphire Princess in the East China Sea. The victim was found floating face down in a swimming pool on board the Sapphire Princess. Despite rescue and resuscitation attempts by passengers and crew, the victim did not survive. In their report, MAIB concluded that the mere usage of a notice board expressing that lifeguards were not on duty and persons using the pools should do so at their own risk was inadequate and failed to sufficiently raise awareness among the passengers about the risks of unsupervised swimming. Our team of Miami cruise ship accident lawyers were saddened to hear about this awful incident when it occurred, but we are not surprised by the MAIB’s findings.

Serious safety issues were also noted by the MAIB team during their investigation, and officials specifically noted that:

With no dedicated pool attendants it was left to pool users and bystanders to recognize an emergency and raise an alarm.

Another Cruise Ship Passenger Victim of Alleged Medical Negligence

January 22, 2014 | by Gerson & Schwartz, P.A.

Last month, this blog discussed a particularly troubling decision out of Florida’s Third District Court of Appeals, wherein the Court found that a cruise ship doctor was not subject to its jurisdiction because the Plaintiff failed to show that the doctor had the “substantial, continuous, and systematic business contacts” necessary for the Court to exercise jurisdiction over him.

Last week, our Florida cruise ship accident attorneys read through another incident involving the death of a 72-year-old passenger aboard Carnival’s Sun Princess ship raised allegations of potential medical negligence, and led the Attorney General of Queensland, Australia, to order an investigation into the death.

Cruise passenger Betty Virgo was sailing from Brisbane to New Zealand in November of 2012 when she became ill at dinner on the fifth day of the voyage. Betty Virgo’s daughter, Gayle, who was sailing with her, claimed that the ship’s medical staff refused to allow Betty to stay in the medical bay for observation overnight. Gayle remained with Betty the next day as her condition worsened. When Betty’s breathing became labored, she was taken to the ship’s medical center and died that evening. The ship physician diagnosed “angina” as Betty’s cause of death.