Cruise Ship Accident Lawyer Blog

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.

Former Disney Cruise Line Security Officer Alleges Company Covered Up Molestation Charges

May 28, 2014 | by Gerson & Schwartz, P.A.

A few weeks ago, our maritime accident attorneys discussed recent 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. According to reports, Canaveral Port Authority Police arrested 36-year-old Ahmed Sofyan, a resident of Jakarta, Indonesia, on allegations that he had lured the young girl into an unoccupied cabin and touched her inappropriately.

Following the incident, Karl Holz, president of Disney Cruise Line issued a statement: “We have no tolerance whatsoever for the behavior alleged in this incident. We are sorry that anything of this nature could have occurred on one of our ships. We place enormous value on the trust our guests have in us, and nothing is more important to us than the safety and security of each and every one of our guests.”

Two weeks after Sofyan’s arrest, WKMG Local 6 published a story in which former Disney Cruise Line security officer Dawn Taplin was interviewed regarding her experiences while working for the cruise line that seems to contradict Disney Cruise Line’s company policy regarding the handling of such incidents.

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:

South Korean Ferry Disaster Shines Spotlight On Cruise Industry

May 1, 2014 | by Gerson & Schwartz, P.A.

Our Florida Cruise Ship Attorneys have dedicated their decades of experience to representing cruise ship passengers that are injured by the acts or omissions of the cruise ship industry and its employees. This past Tuesday, the New York Times published a short editorial discussing the questionable actions of South Korean ferry captain, Lee Jun-seok, in abandoning the ship while it sank with hundreds of passengers still aboard. The South Korean ferry, Sewol, turned on its side and sank last Wednesday, leaving two-thirds of the 476 passengers dead or missing. So far as we know, none of those aboard included American citizens.

Captain Lee and two-thirds of ferry’s crew survived, many of whom, including Lee himself, jumped ship shortly after it began to go down. According to reports, only one of the ferry’s 47 lifeboats was deployed, and the order to abandon ship wasn’t broadcast until 30 minutes after the ferry began to sink. One crew member claimed that an immediate evacuation was not conducted the ferry’s officers were attempting to stabilize the vessel. To date, Lee and six crew members of the Sewol have also been arrested, with others under investigation. South Korean law allows for an individual convicted of abandoning passengers at a time of crisis to be punished by life in prison.

The tragedy of the Sewol casts the spotlight back on the cruise industry, especially given the similarity of the allegations against Lee to those asserted against the captain of the Carnival cruise ship Costa Concordia in 2012. In one of the worst cruise disasters in history, the Costa Concordia crashed into the rocks off the coast of Giglio Island, Italy, resulting in the deaths of 32 individuals and injuries to dozens of others.