Cruise Ship Accident Lawyer Blog

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.

Confusion Over What Law Applies Leads 2.7 Million Verdict to be Reduced to Zero

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

A Florida Court recently reduced a jury’s 2.7 million dollar injury award to a cruise ship passenger to zero based upon confusion over what law should apply. The United States Supreme Court has refused to hear the passenger’s appeal, creating a very dangerous legal precedent for Florida’s cruise ship passengers. Our Florida cruise ship accident attorneys are following these stories with interest.

Specifics of the Case

The passenger was injured when a rotting and unstable chair he was sitting on collapsed from underneath him while on a cruise. The jury awarded him 2.7 million dollars, but a dispute arose over the question of whether federal or state law should apply. The judge applied the much more business-friendly state laws, and reduced the award to zero.

Carnival Raising Cruise Prices as Costa Concordia is Raised from the Sea

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

Despite recent news of the ill-fated cruise line Costa Concordia being raised from the sea after its tragic sinking in 2012, Carnival Cruise lines, the parent company of Concordia, apparently thinks the environment is right to start raising prices on cruises again. This is despite having a less than spectacular year when it comes to cruise ship safety. Our Florida cruise ship attorneys are monitoring these developments closely.

Prices Going Up

Carnival Cruise line recently reported its intention to raise cruise prices, which had been trending cheaper in the recent years. Bad press has plagued the cruise line industry, due in no small part to the spate of near disasters that many mainstream cruise lines have suffered.

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

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.

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.

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.