Cruise Ship Accident Lawyer Blog

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.

Royal Caribbean Facing Legal Probe in Florida Over Failure to Rescue Young Cruise Ship Passenger

October 9, 2012 | by Gerson & Schwartz, P.A.

Several weeks after the disappearance of her daughter from Bahamas-bound cruise ship Allure of the Seas, a grief-stricken mother retained Florida legal counsel to gather facts and ask tough questions of Royal Caribbean International, the ship’s owner. Shortly after the ship left Port Everglades on September 16, Vera Marion’s daughter Ariel fell overboard under as-yet undetermined circumstances. A U.S. Coast Guard effort to find her was discontinued on September 18th. According to an October 3 report in the Sun-Sentinel, when Ariel joined her mother on the cruise from which she would never return, Ariel was happily anticipating the start of a new modeling job that she had just landed.

Vera Marion has since shared with NBC South Florida her conviction that had cruise ship personnel acted promptly on the initial report of Ariel’s fall, Ariel could have been rescued. According to reports, Royal Caribbean International has, in fact, admitted that after ship officials received an urgent call from a passenger who witnessed the fall, instead of undertaking rescue efforts, ship’s security proceeded to take over an hour to review surveillance video for evidence of what had already been reported reliably. Making matters worse, according to the U.S. Coast Guard, it was not notified of the incident until over two hours after Ariel was seen tumbling into the ocean, and for all this time, the Allure of the Seas was sailing full-steam ahead, away from the location of Ariel’s disappearance. Eventually, the Allure of the Seas was stopped and turned around, and the Coast Guard and three nearby ships undertook a search, but these belated gestures were to no avail.

Carnival Corporation Being Sued in American Courts for Costa Concordia Cruise Ship Disaster

September 27, 2012 | by Gerson & Schwartz, P.A.

Passengers of the ill-fated Costa Concordia, along with Italian businesses damaged by the cruise ship’s grounding on January 13, 2012, have begun to file lawsuits in American courts against Miami-based Carnival Corporation, the parent company of the Italian firm (Costa Crociere) that owns the Costa Concordia. Attorneys representing the injured parties assert that Costa Crociere is merely Carnival’s ‘alter ego,’ making Carnival liable for the injuries, deaths, and property losses that occurred. According to an Associated Press report of September 17th, the suing parties hail from 14 countries, including the U.S. Monetary damages sought in the new U.S.-based lawsuits reach into the tens of millions of dollars.

Cruise Ship Jewel of the Seas Hits Aerial Cable, Seriously Injuring Crew Member

September 11, 2012 | by Gerson & Schwartz, P.A.

Late last week, on its approach to the Faroe Islands port of Klaksvik, Royal Caribbean cruise ship Jewel of the Seas struck an aerial cable that links the Islands of Bordoy and Eysturoy. The ship’s mast was damaged, and a crew member was heavily battered by falling debris. The cause of the Jewel of the Seas accident has yet to be determined, but an investigation, now pending in consultation with local authorities, will inevitably attempt to identify any faulty decisions or operating procedures that led not only to the cable collision, but also to the dislodging of items that ultimately struck the vulnerable crew member. Maritime accident law will then govern any damage claims that are pursued.

Anticipating questions about possible navigation error, Florida-based Royal Caribbean International issued a statement, reported in the September 6, 2012 edition of USA Today, insisting that all available navigation information, including information received from the Klaksvik harbor master, had pointed to the ship’s clear passage under the cable. This assertion, however, is not likely to put navigational concerns to rest, coming only months after the fatal grounding of the cruise ship Costa Concordia, which, it is now known, was triggered by disastrously bad navigation decisions.

Parasailing Death Leads to Investigation Regarding the Age or Lack of Maintenance of the Harness

August 28, 2012 | by Gerson & Schwartz, P.A.

On August 15, 2012 a 28 year old woman from Connecticut plunged to her death after taking a parasailing ride with her husband in Fort Lauderdale. A major investigation is underway by various agencies including the Florida Fish and Wildlife Conservation Commission, the National Coast Guard, the Broward Sheriff’s Office, and the National Transportation Safety Board. This catastrophic event leading to the wrongful death of Kathleen Miskell, could very well have been attributed to the negligence of the Wave Blast Water Sports company which has been operating out of the Sands Harbor Resort & Marina, offering parasailing rides to the public.

There is an ongoing debate at this point, between the Sands Harbor hotel and its attorneys and the owner of Wave Blast and his attorney as to who is the responsible party for this tragic and senseless accident. According to Charles Seitz, president and chief executive of the Sands Harbor, the Wave Blast company was only authorized for water bike operation and not for parasailing. Chandler maintains that Wave Blast was conducting its parasailing business without the knowledge of the hotel ownership, and was using its public dock space to pick up parasailers.

Nevertheless, the water bike rental business at the hotel has been reopened and is still advertising water bike rentals as well as parasailing trips from this same hotel. Doesn’t it seem odd that, the hotel will not claim responsibility for this death, yet they have permitted the parasailing company to reopen and advertise from its property, once again?

Attorneys like Nicholas Gerson at Gerson & Schwartz, PA understand the connections between operating a business and the legal responsibilities associated with it. If an entity is conducting business such as parasailing excursions from its property, then they should accept responsibility for the injuries or deaths, that result from their negligence. Maritime attorneys at Gerson & Schwartz, PA are familiar with these kinds of cases and understand what kinds of investigations are necessary in order to bring a law suit against a responsible party.
If faulty equipment is to blame or if equipment is old, worn out and poorly maintained, serious injury can occur. Parasailing is a dangerous sport and harnesses’ must be kept up to date. As the case unfolds, injury attorneys will be able to help determine through the use of experts, whether or not poor maintenance is to blame. Decomposition of a harness can lead to serious injury or death, as seems to be the case this time.

Florida Man Accused of Assaulting Girl Aboard Cruise Ship

August 28, 2012 | by Gerson & Schwartz, P.A.

When vacationing on a cruise ship, the last thing most travelers think about are dangerous people lurking around them. Cruises are supposed about entertainment, relaxation, and an escape from the real world. Unfortunately, there are times when these getaways turn into nightmares, often because of the conduct of others on the ship.

For example, last Thursday the Orlando Sentinel reported the arrest by federal prosecutors of a 31-year old Florida man on suspicions of gang-raping a 15-year old girl aboard a Carnival cruise ship. The cruise ship rape allegedly took place the prior weekend involving a 15-year old girl, the 31-year old attacker, and a group of teenage boys. According to the report, the older man was with his wife on the ship, the Carnival Sensation, while the girl was traveling with her parents. The victim and her friend (another 15-year old girl) were invited back to the older man’s cabin along with the group of younger boys. Once inside, the male group allegedly locked the friend in the bathroom while forcefully raping the other girl.

Costa Concordia Captain Released from House Arrest While Pending Charges Continue

July 13, 2012 | by Gerson & Schwartz, P.A.

Captain Francesco Schettino was released from house arrest after a hearing in Grosseto, Italy. The magistrates presiding over his case have determined that Schettino, who is accused of being responsible for the tragedy on board the Costa Concordia in January, with over 30 people dead, is no longer a flight risk. At this point, he is being permitted to leave his home and to communicate with people outside of his legal team, or family.
The gross negligence of Schettino resulting in the cruise ship crashing into a reef and sinking off the coast of Italy has been in the media for months. All signs point to this captain, for neglecting his crew and passengers and jumping ship to save himself, after realizing the ship was about to go down. Not only that, but Schettino is said to have been distracted by a female friend, while this enormous vessel ran aground causing mass chaos, multiple deaths, and serious personal injuries.

Schettino is still required to obey authorities and restrictions while awaiting trial. He will continue having to report to authorities, while remaining in his home town of Meta di Sorrento. Nevertheless, it seems rather lenient, that someone accused of multiple manslaughter, causing an accident and abandoning ship, should be released given the damage he might have caused. Just based on the probability of his guilt he should be detained!

Remember, 32 people were pronounced dead and 2 others are missing and thought to be dead. Specifically, Schettino is accused of missoperating this enormous vessel, full of paying passengers on vacation, who were left in horror. Unfortunately, far too often, Cruise companies try to cover up the events on board ships, in order to maintain their reputation and position in the industry. Maritime attorneys know that the focus for the cruise lines, more often than not, is not the passengers’ safety. Rather, their main concern is profits, profits, profits.

The full service law firm of Gerson & Schwartz, PA specializes in litigating maritime law suits. They can handle a multitude of claims on behalf of individuals who were harmed, or died on board a cruise ship. Dealing with a cruise ship company that has been negligent is a daunting task that individuals should not handle alone. Experienced attorneys like those at Gerson & Schwartz, PA are here to take care of injury victims and families who have suffered the wrongful death of a loved one, by recovering damages.

If you or someone you know has been injured or has died on board a cruise ship, contact the law offices of Gerson & Schwartz, PA for a free consultation with experienced lawyers. Call (305)371-6000 or email info@gslawusa.com today to get started on your claim. Personal injury is a serious matter and Gerson & Schwartz is here to help.
Sources:Reuters; Sun-Sentinel.com

Sexual Misconduct on Board Royal Caribbean Ship is a Hot Topic on CNN: What the Report Reveals

July 13, 2012 | by Gerson & Schwartz, P.A.

Once again the sexual misconduct of a crew member on board a cruise ship is a hot topic. During the recent airing of the CNN news series, “ Safe at Sea”, Anderson Cooper AC360, a 15 year old girl reveals one horrifying incident; she was sexually assaulted by an unidentified crew member. Dressed in a bar tender’s uniform, this man uses a key to enter her room, and forces her to perform oral sex on him, on board a Royal Caribbean Cruise in 2010.

Due to the traumatic nature of this incident, the girl was frightened and did not tell anyone what had happened until after the cruise ended, and she was safe and sound at home. In an interview with cruise ship security expert, Randy Jacques, the reality of this event was brought to light. Jacques reiterates again and again the frequency of sexual assaults on board cruise ships, and the high number of sexual predators that travel on cruise ships in search of female victims. In actuality, 85% or crimes committed on cruise ships go unreported, an astounding statistic which the Cruise Line Industry Association (CLIA) has kept hidden from the public, in order to protect the industry’s reputation and ensure large profits.

In this instance, Royal Caribbean settled the case with the female under aged crime victim for an undisclosed amount. However, far too often individuals do not report these crimes and the cruise lines continue to advertise themselves, as safe modes of travel neglecting their passengers’ safety and escaping any legal ramifications or police involvement. Even when the crimes are reported the cruise companies try to cover up and don’t follow the procedures which would apply as standard on land. The truth of the matter is that cruises are amongst the most dangerous places for young girls and women traveling alone or in small groups. Sexual predators board cruise ships either as crew members or passengers are enabled because these floating cities lack police protection and security. Thus, sexual assaults can take place, virtually unnoticed.

More often than not, crew members are foreign nationals from other countries and the Cruise ship industry does not require back ground checks on these individuals. Therefore, they can literally slide under the radar after committing crimes against passengers. Unfortunately, the cruise ship industry wants you to believe you are safe when you get on board a cruise, but this is certainly not the case. You are putting yourself at risk every time you take a cruise.

In order to assist crime victims in their plight for justice against sexual predators on board cruise ships, experienced attorneys, specializing in maritime law are at your service. The team at Gerson & Schwartz, PA helps individuals bring legal action against cruise lines in a professional and effective manner, recovering damages for their clients. Gerson & Schwartz, PA has been in practice for over 40 years, focusing on the needs of crime victims and victims of sexual assault on and off cruise ships.

If you or someone you love has been the victim of a sexual crime, or has suffered an injury on or off a cruise ship contact (305)371-6000 or info@gslawusa.com today, for a free consultation. Gerson & Schwartz, PA will fight for your rights against an industry that is grossly negligent and does not protect its passengers adequately. Your victimization deserves effective legal representation and fair compensation.

Royal caribbean’s Brilliance Ship’s Ongoing Saga: The Disappearance of George Smith Continues…

June 4, 2012 | by Gerson & Schwartz, P.A.

The ongoing saga regarding the unexplained disappearance of passenger George Smith, who went missing on board the Royal Caribbean’s Brilliance Cruise ship in July 5, 2005, continues to draw media interest. This time by Inside Edition. As many may recall from previous stories such as the one which aired on Dateline NBC in January 2012, George Smith was on his honeymoon when he disappeared; and many, including his family members, believe that he was murdered.

The most recent theory surrounding Smith’s death is that he died at the hands of robbers while on board the cruise. According to the New York Post, this was a “robbery-gone bad”. In a civil lawsuit, settlement was reached initially for $1,060,000 in compensation, and was increased several years later by $250,000 for a total of $1,310,000. It is highly unusual for additional payments to be made after an initial settlement. What made Royal Caribbean agree to pay more? This strange development has never been explained.

This time, a video has surfaced, documenting a conversation between two passengers from this cruise. In the videos, the men are clearly amused; as, they discuss having thrown a man overboard. They are seen joking and laughing about it on tape.

Subsequently , both men’s depositions were taken during the litigation and according to Inside Edition, both men pleaded the fifth amendment when asked questions regarding George Smith’s possible murder. Smith’s family continues to believe that their son, 26 years old at the time, was murdered in connection with a robbery on board the ship, and quite possibly by one or both of these individuals.

Unfortunately, cruise ship crimes are quite common and problems of crimes and disappearances have been kept under wraps for years by the cruising industry. Maritime lawyers at Gerson & Schwartz, PA strive to protect clients from the industry wrongdoing by providing professional assistance in recovering damages for claims against the cruise ship companies. Wrongful death claims and other crimes against passengers such as rapes, medical mal practice, or gross negligence which frequently occur on cruise ships, require experienced attorneys to navigate a path towards restitution for those involved. Lack of security on board cruises is an ongoing problem and justice can be served by way of legal action.

New Safety Standards are Announced by Costa Cruises

May 18, 2012 | by Gerson & Schwartz, P.A.

Due to a lack of safety standards, the Costa Concordia ship ran aground off the Italian shore of Giglio on January 13th, killing 32 people. To this day, there has been a quest for information as to what contributing factors caused this terrible incident to take place. Finally, the Costa Cruise line has announced a series of new safety initiatives which are intended to prevent a disaster like this from occurring again. Hopefully, these new safety measures will keep passengers safer on board. Nevertheless, it is questionable as to why these standards were not up to par to begin with.

Costa has introduced seven new rules, according to CNN, which are intended to keep guests and crew members safer on the seas. Among these is safety training and electronic tracking of the guests to ensure that they do not miss emergency training before the ships leaves the port. The safety guidelines will be sent via memo, to any guests who do not attend the training sessions in person.

During the Costa Concordia incident, Captain Schettino, who is currently still under house arrest, did not appropriately make passengers aware of the seriousness of the incident. Rather, he allegedly jumped ship to save himself, leaving his passengers and crew members behind to suffer or die. Thus, under the new guidelines, crewmembers will also be required by law to issue orders and report incidents, so that the entire livelihood of a ship does not depend on one captain’s orders alone, or lack thereof.

According to new standards established by the Cruise Lines International Association, this past April, a new bridge access policy has been put into place in order to minimize any unnecessary disruptions or distractions to the bridge during periods of time where extreme vigilance is required to safely maneuver a ship. These instances include, but are not limited to departure and arrival at ports, heavy traffic situations, or poor weather conditions. In this way, the captain will not be able to be distracted by any visitors during this critical navigational period.

Another important change which has been applied to the new standards, requires that a ship’s route be monitored at all times. Consequently, the position and course of a ship is always known on board by the captain and crew, as well as on land by Cruise ship International Association Officials. Moreover, the entire cruise ship industry is now required to carry more life vests on board during cruises.

Will these new and improved measures prevent anything like what took place on the Costa Concordia from happening again? That is to be determined. Maritime attorneys at Gerson & Schwartz, PA are all too familiar with the downfalls of the cruise ship industry when it comes to keeping passengers on board ships safe. Personal injury attorneys at Gerson & Schwartz, PA have represented hundreds of people who have suffered due to the negligence of the cruise ship industry, and continue to collect damages on their behalves.