Cruise Ship Accident Lawyer Blog

Rights and Protections for Sexual Assault Victims on Cruise Ships

June 24, 2016 | by Gerson & Schwartz, P.A.

Sexual assaults often occur during cruise ship voyages. Just recently, the Royal Bahamas Police Force took a United States citizen into police custody in connection with an alleged sexual assault incident. Both the suspect and the victim were passengers of a cruise ship. This incident was reported shortly after 9:00 a.m. when the female victim informed Bahamian police that she was sexually assaulted. The suspect was arrested and taken into police custody. Given that these crimes are not rare, it is important that victims have certain rights and protections on board cruise ships for when they are, or may have been, victimized. This article will touch on the victim rights expounded in the Cruise Vessel Security and Safety Act of 2010.

If you or a loved one is a victim of a crime at sea, it is important that an experienced maritime lawyer is retained for the case. Cruise ship companies have their own lawyers who work for them following an incident and so should you. The Miami maritime lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

Cruise Vessel Security and Safety Act of 2010

Minor Sexually Assaulted on Cruise Ship

June 17, 2016 | by Gerson & Schwartz, P.A.

Recently, Brock Christian Hammerstein, 25 years of age, was one of two individuals accused of sexually assaulting a minor on a Dolphin cruise. Once said cruise ship ported, the victim visited a local hospital to report that she was sexually battered. At the time of the assault, the victim and her family were visiting Destin, Florida, and went on one of the Sunset Cruises. While on the cruise, an employee, 22 years of age, served her wine without first requesting her identification. On the completion of the cruise, said employee invited her back onto the boat. The employee and Hammerstein then took her to the ship’s lower level where they allegedly sexually battered her. The two men maintain that the victim said she was 24 years of age and that she consented to the sex.

If you or a loved one is a victim of a crime, it is imperative that you hire an experienced attorney. The Miami crime victim lawyers at Gerson & Schwartz, PA are here for you. We are available at 1-877-475-2905 and/or at info@gslawusa.com.

Sexual Assault on Cruise Ships

Murder Abroad

June 10, 2016 | by Gerson & Schwartz, P.A.

While a cruise ship voyage can be a dream vacation, accidents and crime may occur. Just recently, Gary Stevenson, 27 years of age, admitted he stabbed a cruise ship worker, Katy Bourke, three times because she refused to have sex with him. Mr. Stevenson, a hard drinker, essentially snapped and fatally attacked her. Before the stabbings, Stevenson punched her repeatedly in the face and put his hands around her throat. After killing her, Stevenson then cut his wrists in a fake suicide attempt. Officers discovered Bourke’s naked body next to her bed near a large kitchen-knife. The officers were notified by Katy’s friends when she failed to show up for work.

If you or a loved one is a victim of a crime at sea, it is important that an experienced maritime lawyer is retained for your case. Cruise ship companies have their own lawyers who work for them following an incident and so should you. The Miami cruise ship lawyers at Gerson & Schwartz, PA provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

The Basics of Murder

Smuggling Drugs and Cruise Ships

June 3, 2016 | by Gerson & Schwartz, P.A.

Two employees on a Royal Caribbean cruise ship were recently arrested after being accused of using sandals to smuggle drugs into Florida. They were bringing drugs into Port Canaveral. One of the two employees was a courier for at least one drug trafficking organization. Police officers began following the employee as he left Port Canaveral and they saw him and another employee smuggling cocaine with the use of sandals. Junior Ellison, 31 years of age, was arrested aboard the cruise ship as he was walking away with the cocaine. It was found that the sandals were purchased from Wal-Mart. It was also later found that each time Ellison left the ship he took a shuttle to a Merritt Island Wal-Mart. Authorities discovered that Ellison would obtain sandals filled with cocaine in St. Maarten and then wear them off the ship. Ellison would make his trip to Wal-Mart, purchase a new pair of sandals, and then place the cocaine-filled sandals in the Wal-Mart bag to deliver to someone else.

Many people are victimized when a person, or people, commits the crime of drug trafficking. Perhaps your money was stolen by a person intending to use it to purchase drugs or paraphernalia. If you are a victim of a crime, it is imperative that you hire an attorney. The experienced Miami maritime lawyers at Gerson & Schwartz, PA are here for you!

Drug Distribution in Florida

Cruise Ships and Robbery

May 27, 2016 | by Gerson & Schwartz, P.A.

Are you contemplating a cruise ship vacation? If so, please be wise and keep your valuables at home (if possible). Theft crimes on cruise ships are not uncommon. Not only do these theft crimes take place at United States ports and at sea, theft crimes also take place while ported on foreign lands. For instance, just last month, in March 2016, while making a stop in Belize, six cruise ship passengers and one tour guide were robbed at gunpoint. The robbery occurred while the passengers enjoyed an excursion at the Altun Ha Maya ruins site. Local police detained a few people in the area as suspects.

If you were a victim of a theft crime while abroad, it is imperative that you retain an experienced attorney for your case. Contact the Miami maritime lawyers at Gerson & Schwartz PA. At Gerson & Schwartz, PA we provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

The Basics of Robbery

Gastrointestinal Outbreak on Ocean Princess Cruise Ship

May 20, 2016 | by Gerson & Schwartz, P.A.

Cases of gastrointestinal illness (“GI”) have grown to become a serious problem for various cruise lines. The cases are growing in number. Today, there are several cruise lines that are specifically required to report the total number of GI illness cases. These cruise lines are participating in the Vessel Sanitation Program (“VSP”).

Per the Centers for Disease Control and Prevention (“CDC”) there was a severe gastrointestinal outbreak on the Ocean Princess cruise ship of the Princess Cruises cruise line. From this apparent outbreak, 63 out of 603 passengers (or 10.45%) became ill while on the cruise. Seven crewmembers also became ill. This notable outbreak occurred during the cruise ship’s February 13th through March 7th, 2016 voyage. Among all those sickened, the predominant symptoms were vomiting and diarrhea. In response to this outbreak, the cruise ship’s crewmembers, those not sick, increased their cleaning and disinfection procedures, collected stool samples from the sickened passengers and crewmembers for testing and made daily reports of gastrointestinal illness cases. The CDS Vessel Sanitation Program (“VSP”) is currently monitoring the outbreak and the ship’s response procedures.

Have you or a loved one suffered from an illness while on a cruise ship? If it is found that the cruise ship was at fault for your illness, you may be entitled to compensation. To best protect your interests, it is imperative that you retain an experienced attorney. The Miami maritime lawyers at Gerson & Schwartz PA are here to help. At Gerson & Schwartz, PA we provide high quality legal representation. For more information call us toll free at 1-877-475-2905 or contact us online.

The Common Occurrence of Sexual Assault on Cruise Ships

May 13, 2016 | by Gerson & Schwartz, P.A.

Sexual assaults on cruises are, unfortunately, not an uncommon occurrence. The facts are quite scary. One major cruise line recently indicated that there were 173 sexual assaults or rapes reported on their ships during a five-year period. To make matters worse, none of these 173 reports were ever prosecuted. A different major cruise line reported that there are two rapes or sexual assaults per month on each of its cruise ships. Just recently, off the coast of Florida, a cruise line’s steward was charged with sexually assaulting a teenage boy in a cruise ship shower. The steward was charged with lewd and lascivious molestation and sexual battery of a person less than 16 years of age. Investigators maintain that the steward saw the young boy in a ship sauna. The two started talking as they used the facility. To get away from the steward, the boy left the sauna and went to the showers; yet, the steward followed and engaged in inappropriate sexual conduct.

The Lawsuit

If you wish to file a lawsuit against a cruise line, there are some important rules that you must be aware of. For one, cruise ship tickets that you initially purchase normally have a “forum selection clause” and a “choice of law clause.” These clauses are often printed on the back of the ticket in small font. These clauses specifically indicate in which state the passenger may sue the cruise line, as well as the law that will apply in his or her case. You should strictly adhere to the rules listed on your ticket. Failure to do so may ultimately have your case dismissed. If the cruise ticket has you filing the case in Florida, with Florida law applying, the following rules of law may apply to your situation.

Cruise Ship Homicide

May 6, 2016 | by Gerson & Schwartz, P.A.

Recently, a Carnival Liberty cruise ship returned to a port in South Florida following a tragedy at sea. The unconscious body of a passenger, 36 years of age, was found aboard the cruise ship. The passenger, once found, received immediate medical treatment but was pronounced dead two hours after her discovery. Currently, the FBI is investigating the passenger’s death and is awaiting the autopsy report. The FBI has stated that the accident could possibly be a homicide. Per the FBI, this case is largely still under investigation.

As it turns out, murders on the high seas are not uncommon. Just on Carnival cruise ships, for example, there have been a number of passenger deaths last year alone. Last year, a Carnival cruise passenger was brutally murdered by her husband. He was later charged and convicted of first degree murder.

If someone you love was murdered at sea, it is critical to retain an experienced maritime lawyer. The relevant laws are highly complex. The Miami cruise ship 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.

Safety Tips for Cruise Ship Trips

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

Cruise ship vacations provide for the perfect getaway. However, risks of injury and/or crime are relatively high for those embarking on a cruise. Recently, yet another cruise ship passenger fell off a balcony. This happens all too often. A Texas man fell off the balcony of a ship off the coast of Key Largo, Florida. He is currently being sought by search-and-rescue crews. This tragic event occurred about 36 nautical miles south of the Carysfort Reef Light. At around 11:00 p.m. on a Saturday night, David Mossman, age 46, fell 100 feet from the 10th deck of the cruise ship and into the dark water. This event was witnessed by another passenger and it was caught on security camera footage.

Cruise ship incidents, though not always fatal, can happen to any passenger, or crew member, at anytime. For this reason, it is critical that you take several safety precautions while you enjoy your cruise ship vacation. If you are injured, you may be entitled to compensation. It is imperative that you hire an attorney for your case. The Miami maritime lawyers at Gerson & Schwartz PA have the experience and skill needed to take on your case. Our attorneys are experienced in filing claims against all major cruise lines. We know how to aggressively handle maritime lawsuits. We will fight hard to enforce your legal rights and we will not hesitate to bring your case to trial if a fair settlement offer is not made.

How to Stay Safe on Your Cruise

Jurisdiction Issues in Cruise Ship Lawsuits

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

While swarms of people embark on cruise ships annually, crimes committed upon them seem to run rampant. What is sad is that many individuals who commit crimes aboard cruise ships actually get away with their crimes. It is a mess. What makes it even messier is the existence of the jurisdiction issue. A congressional hearing in 2007 revealed that in the past three years, 28 people have disappeared while on cruise ships. Of these, only three have been found! There have been 200 reported cases of assault or sexual misconduct aboard cruise ships. There have been four cases reported of grand theft. True, this may not appear to be a huge number of incidents. Yet, it is a large number when you take into consideration the several nuances of enforcing the law at sea. Most of these cases have not been sufficiently investigated and few have even been solved.

If you are a victim of crime or injury at sea, to best safeguard your interests, it is imperative that you hire an attorney for your case. The experienced Miami maritime lawyers at Gerson & Schwartz PA are here for you. We have the experience and skill needed to take on your case. Our attorneys are experienced in filing claims against all major cruise lines. We know how to aggressively handle maritime lawsuits. We will fight hard to enforce your legal rights and we will not hesitate to bring your case to trial if a fair settlement offer is not made.

Jurisdiction at Sea