Cruise Ship Accident Lawyer Blog

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.

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