Cruise Ship Accident Lawyer Blog

Liability Of Cruise Liners

August 23, 2013 | by Gerson & Schwartz, P.A.

The last thing on a person’s mind when they depart for their dream cruise vacation is the possibility that they will become the victim of a crime while sailing the seas. However, many cruises ships are essentially floating cities, and, as such, often experience incidents of criminal activity.

According to a statement made by Deputy Assistant Director of the FBI Salvador Hernandez to the House Committee on Transportation and Infrastructure in 2007, 207 criminal incidents were reported to the FBI by the U.S. Coast Guard and Cruise Lines International Association (CLIA) that year. The reports were broken down into eight categories according to the nature of the incident: homicide, suspicious death, missing U.S. national, kidnapping, assault with serious bodily injury, sexual assault, firing or tampering with vessels, and theft greater than $10,000.

At the time of the statement, there had been no reports of homicide, suspicious death or kidnapping aboard CLIA ships, however, disturbingly, there were 41 reported instances of sexual assault accounting for fifty-five percent of the violent crimes that were reported. Further, there were a reported thirteen assaults resulting in “serious bodily injury.”

There are a number of problems that cruise ship officials face in attempting to investigate and prevent such crimes from occurring on board ships. Because most ships have no formal police force, any evidence of a crime will likely not be properly preserved, the scene of the incident may be contaminated, and if an investigation does occur, it will be delayed until the actual police become involved which, some cases, may take days.

As this blog has discussed before, all businesses owe patrons a certain duty of care. However, because cruise liners are considered “common carriers,” they owe their customers a greater duty of care. Cruise companies have a duty to provide a safe environment for their passengers, and the failure to do so may entitle the injured party to compensation.

There is, however, a different standard for criminal acts committed against passengers by cruise ship employees. Under general maritime law, cruise liners are strictly liable for the intentional, wrongful, and criminal acts of their employees, such as in a rape or sexual assault. This means that a cruise ship company may be found liable for the criminal acts of its employees without a finding of fault, such as negligence.

As this blog has mentioned before, because cruise ship claims are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and have been representing the victims of cruise ship negligence for over four decades. If you or someone you know has been injured in a cruise ship accident or has been the victim of a crime while on a cruise ship, contact the attorneys of Gerson & Schwartz, P.A. today.

The Importance of Maritime Law

August 20, 2013 | by Gerson & Schwartz, P.A.

Almost everyone felt the sting of the financial crash of 2008, but good news: we are coming back. Recreational industries are a great marker of how strong the market is; if consumers feel the pinch they let go of the fun stuff first. It should make you breath a fresh sigh of relief, then, to find out that the boating industry is on the upswing.
2012 saw a ten percent increase in recreational boat sales, nationally. It may not seem like much, but 2013 is expected to see the growth continue. The Miami Herald reported that Miami and Fort Lauderdale boat retailers and servicers have seen a steep increase in sales. Les Stewart, the sales and marketing director of Contender Boats Inc. in Homestead, FL, said that the company expects to sell 260 boats this year. That’s over a 100 percent increase from 2009 when they were, “lucky to sell a hundred boats…” according to Stewart. Contender also touts a 30 percent increase in the number of people it employs in the same timeframe. And that’s not the only South Florida company enjoying the return to recreation.

Companies like Deep Impact and Concept Boats are operating at maximum capacity. Deep Impact invested in development of new models during the recession and it paid off. They have already sold four of the 399 Cabin since its recent unveiling. Concept Boats is swamped with potential buyers who are attracted to the affordable prices they offer. The 30-foot open and 36-foot open are their best sellers.

Although many boaters downsized during the recession to save on maintenance and crew costs, the large luxury yacht industry has gained strength. In just two years, 2010-2012, yachts falling in the range of 80 to 200 feet saw a 30 percent increase in sales. Of course, the people who buy these multi-million dollar machines didn’t experience the economic decline like most of us. The smaller yachts are still moving slow, and the companies that manufacture them are relying much more on servicing for revenue than they were before 2008.

Since Broward Shipyard was bought and sold in 2009, the company’s income from servicing is 35 percent higher. Although
their engineering sector has declined, it still remains a focus for the company. Two 135-foot yachts are under construction for their client, World Sea Yachting.

It seems that although boat sales have climbed, many water enthusiasts are opting for chartering, and family friendly boats are proving to be the most popular. Not only has the boating industry seen growth but so has the cruise ship industry. Larger ships, more voyages and unfortunately more accidents as well. Whether staying close to home or island hopping, it’s important to understand what law governs your time on the open waters. Once a boat or cruise ship travels three nautical miles from shore Federal maritime jurisdiction rules over state laws. Gerson & Schwartz P.A. are experts in maritime law. If an accident occurred on or around the water you can count on Florida maritime attorneys at Gerson & Schwartz P.A. to give you sound advice. They represent clients injured in a number of different situations and have years of experience.

CRUISE CRIME INFORMATION AVAILABLE TO GENERAL PUBLIC

August 5, 2013 | by Gerson & Schwartz, P.A.

Previously, statistical information regarding crimes committed on cruise ships was kept out of the public’s eye. Cruise ship companies were able to keep under wraps the many criminal offenses against passengers, in order to protect their reputations. Now, under new legislation, cruise companies are required to publish this information, therefore, prompting cruise leaders such as Carnival and Norwegian Cruise Lines to jump ahead and make this information available, before the new impending legislation passed.

Now, crimes committed on board cruise ships that are allegedly reported by individuals will be available in a crime report. This will include sexual assaults, homicides, kidnappings and serious personal injuries. Associations that work hard to protect the rights of passengers such as the International Cruise Victims Association, as well as Maritime lawyers around the country like those at Gerson & Schwartz, PA, believe that this information will encourage cruise companies to better investigate crimes and protect their passengers. Those factors that contribute to ongoing safety issues will hopefully be addressed, making the cruise experience a safer one for all.

Miami maritime lawyers at Gerson & Schwartz, PA have settled hundreds of cases involving crimes against passengers on board cruises. Since, cruise companies promise passengers a trip, where there is access to unlimited amounts of alcohol and limited security and police presence, predators often use cruises as easy venues to commit crimes against women or children. For instance, rapes are rampant, as well as sexual crimes against minors during cruises. Often times, the cruise ship companies’ self regulating security personnel operate way below standards. Passengers lives are at risk, and they do not even realize it. The cruise companies’ work to hide the fact that crimes are being committed on ships, so that business is not affected by the truth leaking out.

With the new standards in place, forcing cruise lines to inform the public specifically to the incidents that occur on their ships, this information will give individuals the knowledge and power to make educated choices when planning their vacation. People can make up their own minds whether or not they feel a cruise is a safe mode of travel. Miami crime victim attorneys at Gerson & Schwartz, Pa can assist anyone who has been physically harmed while on a cruise, whether, he or she was in international or domestic waters. No crime should ever be kept under wraps, simply because, it was committed on the open sea.

If you or someone you love has been the victim of a crime while on board a cruise ship, contact the Florida maritime lawyers at Gerson & Schwartz, PA today for a free consultation. (877)475-2905 or info@gslawusa.com

U.S. Senate Committee Conducts Hearing on Cruise Ship Safety

August 4, 2013 | by Gerson & Schwartz, P.A.

As this blog has recently discussed, the cruise ship industry suffered several big blows over the last year from the May evacuation of Royal Caribbean’s Grandeur of the Seas, due to an onboard fire, the grounding of Carnival ship Costa Concordia last January, a fire at on Carnival’s Triumph ship in February of this year, and mechanical issues with the Carnival Dream in March.

The increasing frequency of such incidents prompted the U.S. Senate Commerce, Science, and Transportation Committee, led by Senator Jay Rockefeller, to conduct a hearing last week to address a perceived lack of safety in the cruise ship industry. The hearing dubbed, “Cruise Industry Oversight: Recent Incidents Show Need for Stronger Focus on Consumer Protection” revealed several shocking facts about the cruise industry which raise serious concerns regarding the safety of cruising.

In March of last year, Senator Rockefeller held a hearing in an attempt to gather information from cruise industry officials regarding the reality of the safety of cruising. During the hearing, Christine Duffy, an official with the Global Trade Association, claimed that cruise industry authorities were moving to improve safety within the industry.

At least week’s hearing, Senator Rockefeller pointed to the rash of incidents occurring since the March hearing as demonstrative of the cruise industry’s failure to improve safety on its ships. Senator Rockefeller expressed a concern that, although serious incidents are reported, less serious occurrences such as onboard fires and mechanical failures are not. In an attempt to improve passenger safety, Senator Rockefeller has introduced legislation entitled the Cruise Passenger Protection Act, designed to close “gaps” in cruise industry consumer protection by broadening the federal government’s role in cruise industry oversight.

Some of the Act’s provisions would:

Make the CLIA Bill of Rights legally enforceable by passengers in court.
Require the U.S. Department of Transportation (“DOT”) to maintain a hotline and website where consumers can submit complaints about cruise lines.
Authorize the DOT to investigate consumer complaints regarding cancellations, delays, lost or damaged baggage, poor onboard ship conditions, and deceptive advertising.

Authorize the DOT to impose civil penalties of up to $25,000 per violation or up to $50,000 for repeat violations of established regulations.
Despite enhanced safety measures and new policies designed to ensure passenger safety, cruising can be a risky activity. Cruise ship accidents are becoming more and more common, rendering the rendering the need for experienced legal counsel for those injured in such accidents increasingly important. As this blog has mentioned before, because cruise ship accidents are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

Congressional Hearings Underway for Cruise Passenger Protection Act of 2013

July 25, 2013 | by Gerson & Schwartz, P.A.

New legislation is currently before Congress in an effort to offer more protection for cruise ship passengers. The new legislation has been introduced in the wake of numerous cruise ship accidents such as mechanical failures, an increase in crimes at sea, and is part of a concerted effort to improve quality, safety and security for all cruise ship passengers. If past, the “Cruise Passenger Protection Act of 2013” would be the most significant cruise ship legislation enacted since the “Cruise Vessel Security and Safety Act of 2010” was signed by President Barak Obama. Maritime attorneys, passengers, and consumer protection groups like the International Cruise Victims Association along with members of Congress say much stronger laws and regulations are needed in order to protect the public and to hold cruise ship companies accountable when they should be.

Included in the legislation would be changes in the way cruise ship companies report crimes. It would also require cruise ship operators like Carnival and Royal Caribbean to change the way they report and assist innocent victims on their vessels. Though still in it’s early stages, the legislation would could require cruise lines to maintain video footage from surveillance cameras and install cameras in public areas.

Cruise ship lawyers at Gerson & Schwartz, PA explain that cruise ship companies have a huge incentive for limiting the way criminal incidents such as rape and sexual assault are reported and investigated. Under federal maritime law, cruise ship companies are subject to strict liability for crimes committed by their crew members. This means that when crimes have been committed by employees, the cruise line is automatically liable to an injured party. If the crime is established, crime victims do not need to prove fault, but only need to prove medical causation and damages. “The way cruise lines industry defends these cases is by a lack of oversight in the criminal investigation process. As soon as there is a criminal incident aboard one of their vessels the cruise lines typically “dump” the accused employee in the next port of call.

Instead of turning potential criminals over to police or FBI, the cruise lines will conduct their own investigation which is usually minimal at best. The cruise line usually takes the position that it was a “he said she said” and then make a self serving determination that the incident did not really occur. The next step, is the cruise lines will assist the accused and buy them a “one way ticket” back to their home country, and before any real investigation can occur. Notably, many cruise ship employees are Indian, from the Philippines, Europe, or live in other far away places.

Cruise Line Regulators Adopt New Safety Measures Designed To Provide Enhanced Information To Passengers During Crisis

July 1, 2013 | by Gerson & Schwartz, P.A.

Approximately six months ago, the world was shocked when Carnival cruise ship Costa Concordia, crashed into the rocks off the coast of Giglio Island, Italy, resulting in the deaths of thirty two individuals and injuries to dozens of others. Carnival and ship’s captain, Francesco Schettino, took heavy criticism for the botched evacuation efforts, which involved suffered from significant delays, allegations of bribery, and the captain’s early abandonment of the ship.

In response to the problems that plagued the Costa Concordia’s evacuation attempt, the European Cruise Council (“ECC”) and the Cruise Lines International Association (“CILA”) have adopted new safety policies designed to target two issues, evacuation and tracking of passengers during crisis situations. According to ECC and CILA leaders, the new measures will guarantee superior handling of passenger safety in instances of cruise ship accidents such as that of the Costa Concordia.

The first of the new policies, dubbed the Common Elements of Musters and Emergency Instructions, is intended to provide passengers with information as to how to proceed in the event of a crisis. The policy requires that cruiselines provide passengers with emergency instructions that include twelve common elements:

When and how to put on a lifejacket.
Where to find a lifejacket.
A description of emergency signals how to respond in an emergency situation.
The appropriate location to gather, or muster, when an emergency signal is sounded.
How to account for passengers for training and actual emergency purposes.
A description of the ship’s key safety systems and features.
How information will be relayed to passengers during an emergency situation.
What to expect during an evacuation of the ship.
Additional safety information that is available to passengers.
Identification of ship personnel to ask for additional information.
Whether passengers should return to their cabins prior to mustering, including specifics regarding medications, clothing, and lifejackets.
An account of emergency routing systems and how to identify emergency exits.

The second policy, titled the Nationality of Passengers Policy, requires that passengers be counted prior to departure, that the ship keep records of those passengers who have stated a need for special care or assistance in an emergency, that the ship keep a list of the names and gender of all persons on board, differentiating between adults, children and infants, and that all information be kept ashore and made readily available to search and rescue services.

Despite enhanced safety measures and new policies designed to ensure passenger safety, cruising can be a risky activity. Cruise ship accidents are becoming more and more common, rendering the rendering the need for experienced legal counsel for those injured in such accidents increasingly important. As this blog has mentioned before, because cruise ship accidents are subject to different laws and much shorter statutes of limitations, sometimes as short as one year, they are best handled by experienced cruise ship accident attorneys.

The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and has been representing the victims of cruise ship accident for over four decades. If you or someone you know has been injured in a cruise ship accident, contact the attorneys of Gerson & Schwartz, P.A. today.

Another Cruise Ship Incident Highlights Need For Travelers To Understand Their Legal Rights

May 30, 2013 | by Gerson & Schwartz, P.A.

Over the weekend, the cruise ship industry suffered yet another blow when the Royal Caribbean ship, Grandeur of the Seas, was crippled by an onboard fire on May 27, 2013, forcing passengers to evacuate and be diverted to the nearby Bahamas.

This episode occurs in the wake of several other incidents that have plagued cruise liners this year, including the grounding of Carnival ship Costa Concordia last January, a fire at on Carnival’s Triumph ship in February of this year, and mechanical issues with the Carnival Dream in March.

According to a recent article by the SeattleTimes.com, incidents such as equipment failures and fires are more common than many might think. Further, because many of the ships are registered in other countries, and therefore not subject to U.S. reporting requirements, many of these occurrences go unreported.

The shocking extent of problems afflicting the cruise ship industry has brought the issue of passenger safety and comfort to the forefront, forcing the cruise industry to take steps to address these concerns. Accordingly, on May 22, the Cruise Lines International Association, representing 25 major cruise companies, announced the adoption of a passenger Bill of Rights guaranteeing the “safety, comfort and care” of their travelers.
Among other things, the Bill of Rights offers full refunds for canceled voyages, the right for passengers to disembark a docked ship if essential provisions such as food and water cannot be provided, and guarantees that ships’ crews are properly trained in emergency and evacuation procedures.
According to Christine Duffy, president and CEO of the Cruise Lines International Association, “The Cruise Industry Passenger Bill of Rights codifies many longstanding practices of CLIA members and goes beyond those to further inform cruise guests of the industry’s commitment to their comfort and care.”
Although the cruise lines efforts to increase safety and passenger comfort are laudable, they will likely do little to prevent personal injury aboard ships. As this blog has discussed before, cruise ship injuries can be serious and often result from:

*Slip and fall accidents resulting from wet or slippery surfaces, or poor ship maneuvering.

*Tainted food resulting in serious illness.

*Inadequate medical care by unqualified individuals or with improper equipment.

Cruise ship accidents must be handled differently than ordinary personal injury cases, because they often arise under a different type of law, such maritime, admiralty, or contract law, and are subject to much shorter statutes of limitations to pursue a claim, sometimes as short as one year. Further, cruise companies often utilize various tactics to delay litigation, resulting in the degradation of evidence and, in certain cases, loss of the right to compensation.
The Florida cruise ship accident attorneys of Gerson & Schwartz, P.A. are licensed to practice law in all of Florida’s state and federal courts and has been representing the victims of cruise ship accidents for over four decades. If you or someone you know has been injured in a cruise ship accident, contact the attorneys of Gerson & Schwartz, P.A. today.

Carnival Cruise Line’s Triumph Ship is stranded in the Gulf

February 13, 2013 | by Gerson & Schwartz, P.A.

Once again, Carnival cruise line braces itself for some hard questioning and strong reaction from the public, after one of its vessels, the Carnival Triumph, wound up stranded in the Gulf of Mexico . This is the result of yet, another engine room fire, which left cruise ship passengers without very basic needs including: food, water, toilets, and power. Needless to say, passengers are disgruntled and Carnival is under fire by news agencies, and thousands of individuals concerned about the safety of cruising.

Carnival has not yet answered the looming question as to what caused a fire on the 14 year old ship which was based in Galveston, Texas. While the Costa Concordia ship wreck last year, is reminiscent of this incident, fortunately there were no casualties or incidents on the Carnival Triumph, like there were on the Concordia. So, why do there continue to be fires on ships, leaving passengers stranded in the ocean, sometimes ship wrecked for days?
One of the more recent forms of injury on board cruises results from extremely high numbers of sexual assaults that occur on cruise ships. Most often, these forms of crimes are committed against passengers by crew members. Cruise ship guidelines are not clear cut regarding background checks on employees, especially those who are hired overseas. Although, Carnival and many of the other major cruise lines are based in cities like Miami, Fl and Ft. Lauderdale, Fl the crew itself are from foreign countries and screening these people is difficult and not without major loop holes.

Do Cruise Lines Care More about Profits Than Passenger Safety ?

November 21, 2012 | by Gerson & Schwartz, P.A.

Passengers Badly Rattled As Cruise Ships Ventured Through Superstorm Sandy

As Americans continue to tune into coverage of the massive land damage caused by Hurricane Sandy, it may be inconceivable to many that cruise ship operators did not uniformly cancel Florida-based cruises that were set to sail into or near the well-mapped hurricane. Yet, while some cruise operators made the sound decision not to expose cruise passengers to the risks of Sandy, others directed their ships to proceed full steam ahead, with only minor course adjustments, arguing that modern cruise ships’ elaborate stabilization systems would protect them from the ravages of severely rough seas and exposing them to any accident or injuries. Unfortunately, top-heavy floating resorts proved no match for Sandy, and passengers trapped on these during the hurricane ended up witnessing frightening chaos and destruction.

The Show Must Go On, Say Cruise Operators

The October 29, 2012 edition of the Salisbury Post recounted the experience of a North Carolina family whose cruise on Disney’s Fantasy put them into the path of the storm. That account credits the ship’s captain with charting a course that avoided the fiercest zone of the hurricane, and with warning passengers to stay in their cabins; but it also conveys the great anxiety suffered by the family when it realized that “anything not bolted to the walls or floors was sliding side to side,” and that “deck chairs had crashed through doors.” Ultimately, said the mother of this family, one had to resort to faith in God in order to survive the terrifying ordeal.

At the time superstorm Sandy was brewing, the Bradley family of Cascade, Iowa, was scheduled to sail from Port Canaveral to the Caribbean on Disney’s Dream. According to coverage by KWWL TV in Iowa, the Bradleys tried to cancel their cruise reservations when they learned of the impending storm, but they were told by Disney that they would not receive a refund if they cancelled, and that they should rest assured that the cruise would safely avoid the path of the storm. Thus pressured to sail, the Bradleys traveled to Florida and boarded ship, but only hours after setting sail, the ship began to experience direct effects of the hurricane. According to the news report, the Bradleys watched unanchored objects rain down from shelves, and felt their cabins rattling. The severe rocking of the ship caused the Bradleys’ grandson to fall out of bed. Mrs. Bradley told KWWL that Disney “should have canceled instead of putting our lives in danger out there in 20 foot swells.”

Federal Court Reminds Carnival of Duty To Warn Passengers of Criminal Violence On Shore

October 25, 2012 | by Gerson & Schwartz, P.A.

Carnival Corporation was dealt a heavy legal blow a few weeks ago when an appeals court reinstated a federal Florida case brought against it by the family of 15-year-old Liz Marie Perez Chaparro, a Carnival cruise ship passenger who was shot and killed during a shore excursion in the port of St. Thomas. See our related June 2, 2011 blog “Family of Carnival Cruise Ship Passenger Killed In St. Thomas Shootout Sues Cruise Line.” Carnival’s attorneys had argued that the Chaparros’ negligence suit called for standards of care higher than those that should apply to cruise ship operators, but the appeals court didn’t buy this and opened the case back up for trial. According to reporting in the September 5, 2012 edition of The Christian Science Monitor, this development has major significance “because it could further define to what extent cruise ship companies – part of a $29 billion industry – may be held liable for criminal acts perpetrated on passengers exploring various ports of call.”

When Onshore Crimes Against Passengers Are Foreseeable
As recounted in the appeals court record, Liz Marie and her family were vacationing aboard the Carnival cruise ship Victory on July 12, 2010, when they decided to disembark and visit Coki Beach, a tourist site on St. Thomas. When the family headed out to the Beach in an open-air bus, they were unaware that Coki Beach was plagued by gang-related crime, and that the funeral of a St. Thomas gang member was to take place, that day, in the vicinity. The bus got trapped in traffic as it passed the funeral site on its way from the Beach back to the Victory, and it was unable to break free when a gang-related gunfight broke out. Liz Marie was shot as bullets sprayed the trapped tourist bus, and she died before the bus could make it to a local hospital. Her family watched in horror as all of this transpired.

Though the Chaparros’ Coki Beach excursion was not officially sponsored by Carnival, Carnival was apparently quite familiar with Coki Beach, because it regularly sold excursion tickets to this destination. Attorneys for the family moreover asserted that because Carnival routinely monitors crime in its ports of call, Carnival had every reason to know the risks, at Coki Beach, for drug activity, theft, and gang violence. The Chaparros therefore argued in their initial filing that Carnival’s failure to warn them of the dangers in St. Thomas, and on Coki Beach, in particular, constituted negligence, as these dangers were entirely foreseeable to Carnival.

The Duty to Warn Against Foreseeable Onshore Crimes
Carnival initially succeeded in getting the Chaparros’ lawsuit dismissed, but the Chaparros persisted and appealed. When the federal appeals court reinstated their case, it stated that at trial, Carnival’s failure to warn the Chaparros of the dangers at Coki Beach would be scrutinized under the Florida-based legal principle that “a cruise line owes its passengers a duty to warn of known dangers beyond the point of debarkation in places where passengers are invited or reasonably expected to visit.” The appeals court added that this duty to warn is entirely consistent with federal maritime law, which requires shipowners to protect passengers against any risky conditions of which the ship owners are actually aware, or of which they should be aware.

Nothing can bring Liz Marie back to life, but as the Chaparros get their day in court, they shall be seeking damages for negligence and negligent infliction of emotional distress. The emotional distress claim is brought on grounds that the Chaparros have suffered physical manifestations of the emotional trauma they experienced as they witnessed Liz Marie’s death (and as they sat fearing for their own lives) and that these injuries are the direct result of Carnival’s failure to warn them away from a well-known zone of danger.

Unfortunately, cruise ship passengers are likely to continue facing perils from criminal acts committed both on board and on shore, and they shall continue to need the effective legal representation that gives victims in such cases a chance at just compensation. Success in cruise ship accident cases depends on the up-to-date knowledge and mastery of specialized maritime litigation procedures that only highly experienced maritime attorneys can offer. Gerson & Schwartz has recovered millions of dollars in a wide variety of maritime personal injury cases, and we are dedicated to helping you should you need assistance in this area. For information on how we can help, call (305) 371-6000 or e-mail us at info@gslawusa.com.