Cruise Ship Accident Lawyer Blog

National Transportation Safety Board Holds Forum To Address Cruise Ship Safety

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

Yesterday, the National Transportation Safety Board (“NTSB”) commenced a forum in Washington D.C. to address a number of issues related to the cruise ship industry. The meeting will be attended by NTSB representatives, Coast Guard officials, representatives of the International Maritime Organization (“IMO”), and members of the Cruise Line International Association (“CLIA”), the organizer of the meeting. Our Florida cruise ship and maritime accident attorneys have been monitoring the forum for any developments.

According to a NTSB spokesman, the agency regularly holds forums addressing safety issues, but is the first in which the cruise industry has been the focus. The spokesman commented, “Because the cruise ship industry is worldwide, and has sort of a diverse oversight structure that’s international in scope, we felt that maybe we could add something to the conversation by bringing everyone together.

Although topics to be addressed at the meeting include regulation of the industry accident investigations ship design and fire protection and emergency response, the International Cruise Victims (“ICV”) a prominent non-profit organization advocating for cruise safety, was not permitted to send representatives to the forum.

New Legislation Threatens Ability of Cruise Ship Employees to Receive Compensation for Workplace Injuries

March 19, 2014 | by Gerson & Schwartz, P.A.

Our Florida Maritime 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. However, as this blog discussed last month, on occasion, it is one of the cruise ship’s crew that is injured by the negligence of a cruise company.

Generally, cruise ship crew members who are injured on the job are protected by the provisions of the “Jones Act,” as long as they fall under the legal definition of “seamen.” The Jones Act provides that a seaman that is injured as the result of the negligence of an employer or co-worker on a vessel may recover two different types of financial compensation from their employer known as “maintenance” and “cure” benefits. “Maintenance” requires the cruise line to continue paying a crew member wages in the event an on-the-job injury prevents the individual from being physically able to work, while “Cure” is the obligation of the cruise line to provide a crew member with medical care in the event an injury is sustained in the course of employment.

Recently, the protections offered to cruise crew members by the Jones Act have been threatened by proposed legislation, H.R. 4005. Introduced in the U.S. House of Representatives on February 6, 2014, H.R. 4005, entitled the “Coast Guard and Maritime Transportation Act of 2014”, for the most part, regulates various aspects of how the Coast Guard conducts its business.

Cruise Ship Passenger Dies Mysteriously Aboard Carnival Ship

March 17, 2014 | by Gerson & Schwartz, P.A.

Recently, our Florida Cruise Ship Accident Attorneys have been watching several different situations in which cruise lines have been implicated in cases of potential medical negligence and wrongful death.

In January, this blog discussed an unfortunate incident involving the death of a 72-year-old passenger aboard Carnival’s Sun Princess ship, which led the Australian authorities to launch a formal investigation. In that case, Betty Virgo was refused overnight medical supervision by ship’s staff and ended up dying the next day. Virgo’s body was returned to several days later, but it had been embalmed without an autopsy. Carnival denied that its medical staff was negligent in treating Virgo.

Now, Carnival is back in the news as a Chicago Tribune story discusses the sudden and mysterious death of a 29-year-old man while cruising last month. According to the story, John Perricone started feeling ill on February 19th. When Perricone had trouble walking the next morning, he visited the ship’s doctor. While in the infirmary, Perricone began to convulse and died shortly thereafter. According to authorities, foul play is not suspected in Perricone’s death and his cause of death has not been determined, pending an autopsy from the medical examiner’s office in New Orleans, the ship’s home port.

Carnival Cruise Lines’ Triumph Passengers Appear In Court For Lawsuit

March 5, 2014 | by Gerson & Schwartz, P.A.

Yesterday, our Florida cruise ship accident lawyers reviewed a South Florida news outlet NBC 6 story reporting that a group of passengers that traveled on the now-infamous Carnival Triumph last year have appeared for the first time in court with regard to their lawsuit filed against the cruise line.

According to the lawsuit, these passengers are suffering from post-traumatic stress disorder from being stranded aboard the Triumph in February of last year after a fire knocked out the ship’s power. The ship drifted for four day without air conditioning, and limited lights, water, food and working toilets, before it was towed to Mobile, Alabama. Several dozen of the ship’s more than 3,000 passengers are participating in the civil suit, which refers to the Triumph as “a floating toilet, a floating Petri dish, a floating hell.”

Carnival initially moved to dismiss the suit, arguing that the passengers’ tickets clearly state passengers cannot file class actions. Judge Donald Graham overruled Carnival’s motion, opining that, although the ship ticket does not actually guarantee a seaworthy vessel, good food and sanitary conditions, Carnival was negligent in maintaining the equipment that caught fire.

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:

FBI Called In To Investigate Cruise Ship Drowning Incident

February 20, 2014 | by Gerson & Schwartz, P.A.

Earlier this month, our Florida cruise ship accident lawyers saw a report on ABC News that the Federal Bureau of Investigation has launched an investigation into an incident aboard a cruise ship which left one child dead and another hospitalized.

According to spokesman David Couvertier, FBI officials met Norwegian Cruise Lines Breakaway when it docked in Port Canaveral, Florida on February 4. Couvertier stated that the Breakaway was in international waters near Cape Lookout, North Carolina when a four and six year old boy were pulled from a swimming pool aboard the ship. The four-year-old boy died and the six-year old has been hospitalized at a North Carolina medical center.

The Breakaway is an 18-deck ship with a passenger capacity of 4,000 and has five waterslides, two swimming pools, and four hot tubs. According to a passenger, quoted in a CBS article, that witnessed the incident, there were no lifeguards on the pool deck and none of the crew present knew CPR. In a posting on its Facebook page, Norwegian maintained that the Breakaway’s emergency medical team responded to the ship’s pool deck and quickly administered CPR. The post claimed, “After extensive efforts, the younger child could not be revived.”

CREWMAN RAPE OF PASSENGER ON HOLLAND AMERICA CRUISESHIP

February 19, 2014 | by Gerson & Schwartz, P.A.

Media reports of unauthorized entry into a stateroom by a low level crew member, beating, forcible rape, attempted murder, and escape shock the cruising public.

Every cruise passenger lawyer knows there is strict liability for these harms. This means Holland America owes this passenger 100% of her compensatory damages.

Philip Gerson, Board Chair of the National Center for Victims of Crime and board member for International Cruise Victims organizations says this is not enough. “This victim should sue Holland America for punitive damages for misleading the vacationing public about the safety of cruising. Passengers at sea are in a jurisdictional vacuum and cruise lines refuse to undertake needed reforms to prevent these attacks.” Gerson, founding partner at Gerson & Schwartz in Miami said the Cruise Line Industry Association (CLIA) should also be sued for promoting a disinformation campaign to mislead the public about the dangers of unskilled, poorly trained and inadequately supervised crew members who harm innocent travelers.”

Elderly Couple Assaulted Aboard English Cruise Ship

February 18, 2014 | by Gerson & Schwartz, P.A.

Early this morning, British news outlet Gazette Live, reported that an elderly couple from Teeside, England, had been violently assaulted by a fellow passenger, whilst cruising on Thomson Cruises Thomson Celebration in January. According to the report, the woman suffered “serious spinal injuries,” while her husband incurred “serious facial injuries,” both requiring treatment at a hospital. Apparently, the couple’s attacker was permitted to leave the cruise shortly after the incident, and the cruise line did nothing to detain him. Cleveland, England Police are investigating what they are referring to as a “serious unprovoked assault”, but have not yet made an arrest.

As our Florida cruise ship accident attorneys have discussed before, preventing and controlling crime on board ships is one of the biggest problems that the cruise ship industry faces. Every year, dozens of cruise ship passengers fall victim to physical and sexual assaults onboard cruise ships at the hands of crew members and other passengers.

Back in December, this blog discussed an assault on a 14-year-old passenger aboard Carnival Cruise Line’s Imagination by a security guard. According to the victim of the alleged assault, the guard chased him into a stairwell and slammed him into a wall after witnessing the teen try to sneak into the ship’s nightclub. In July of last year, a 19-year-old man from Kentucky was charged with raping an 18-year-old aboard the Carnival Dream. These are just a couple of the dozens of crimes that are committed against cruise passengers each year.

CDC Declares Yet Another Outbreak Of Gastrointestinal Illness On Royal Caribbean Cruise

February 4, 2014 | by Gerson & Schwartz, P.A.

Wednesday, Royal Caribbean’s Explorer of the Seas arrived back in a New Jersey port after passengers suffered one of the largest gastrointestinal illness outbreaks on a cruise ship in 20 years.

The Centers for Disease Control and Prevention (“CDC”) officially issued a cruise ship illness outbreak alert for the ship, on which 630 of 3,071 passengers (20.5 percent), and 54 of 1,166 crew (4.6 percent), reported falling ill with symptoms of vomiting and/or diarrhea. The CDC still has not officially announced the cause of the illness, but our Florida maritime accident attorneys are waiting with anticipation for a discovery.

According to the CDC, one of its Vessel Sanitation Program epidemiologists and environmental health officers, along with another independent epidemiologist, boarded the ship while it was in port at St. Thomas, and travelled with the ship back to port in New Jersey. The CDC team conducted an investigation and environmental health assessment in an attempt to determine the cause and origin of the outbreak. The CDC team is supposed to continue the investigation through the boarding of new passengers for the ship’s next voyage slated to begin tomorrow.

Cruise Ship Employees Are Entitled To Compensation For Workplace Injuries

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

Our Florida cruise ship accident attorneys use this blog to discuss the rights of cruise ship passengers in the event they are injured by the acts or omissions of the cruise ship industry and its employees.

But what happens when one of those employees becomes injured due to the negligence of a cruise company? Working as a crew member aboard a cruise ship can be a particularly risk job, as cruise crew are consistently exposed to dangerous situations and conditions that can cause serious injury, illness, or death.

In 1920, Congress adopted Section 27 of the Merchant Marine Act, referred to as the “Jones Act”, as a means of protecting the rights of crew members and maritime workers that fall under the legal definition of “seamen.” The Jones Act allows a seaman, that is injured as the result of the negligence of an employer or co-worker in the course of his or employment on a vessel, to recover for those injuries.