Cruise Ship Accident Lawyer Blog

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.

Fire on Board Allure of the Seas: The Latest Ship FIre to Cast Harsh Light on Cruise Industry

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

The cruise ship industry continues to be scrutinized, as engine fires and other mishaps occur regularly on board these massive floating cities. Passengers are feeling less and less safe, while profits continue to drop. Clearly, the industry is suffering financially. This month alone, Royal Caribbean reported that its First- quarter profits dropped by 40 percent from $78.4 million to $47 million in 2012. http://www.miamiherald.com/2012/04/21/2760535/engine-room-fire-reported-aboard.html#storylin

In a series of ship fires and other disasters, the latest incident took place on the Royal Caribbean’s Allure of the Seas last weekend. This time a fire broke out in the engine room, causing the world’s largest cruise ship to activate its fog system. The fire was immediately extinguished and contained, fortunately.

Why does it seem like news of cruise ship mayhem is on the radar more often than not? Why isn’t more being done to avoid catastrophes, such as the Costa Concordia’s running aground off the coast of Italy last January? That incident alone killed 32 innocent people.

Or what about the subsequent fire, on board Royal Caribbean’s Azamara ship? That completely disabled the ship without any power whatsoever, for five entire days while stranded off the coast of Borneo.

What is going on with the overall lack of safety on cruises these days? In addition to fires and pilot errors, passengers on board cruises are suffering tremendously from viral outbreaks such as Norovirus, as a result of unsanitary conditions on ships. In addition, passenger claims are constantly in the news for sexual assaults and violence. Crew members who are constantly held responsible for these inappropriate and illegal behaviors are supposed to be protecting passengers safety, not violating it.

In another negligent twist, just last month a captain of a Princess Cruise ship sailed right past a fishing boat that was clearly in distress. How could the captain of this vessel say he never noticed this stranded boat, while numerous passengers on board his ship said they alerted the authorities immediately? These kinds of inconsistencies are all too inexcusable.

Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire

April 5, 2012 | by Gerson & Schwartz, P.A.

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.
Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship”, said Attorney Nicholas Gerson of Gerson & Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.
Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

Italian Cruise Ship Disaster Highlights Need for Reforms, Say Miami Injury Lawyers at Gerson & Schwartz

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

Miami FL February 9, 2012 – Half submerged off the western coast of Italy, the Costa Concordia cruise ship is an all-too-vivid reminder that the international cruise industry is in dire need of safety reforms, says veteran Miami injury lawyer Philip M. Gerson. Indeed, the industry, says the long-time advocate for cruise ship injury victims, has operated for decades in a regulatory vacuum that has left crew certifications and training lacking — and put passengers at risk.

“One hundred years after the Titanic nothing has changed,” says Gerson, the senior partner at Miami’s Gerson & Schwartz. “The way the industry operates, it is a disaster waiting to happen, and on the night of January 13 that, unfortunately, is exactly what we got. After the ship grounded and lives were lost and saved, there was a great focus on the actions, or inactions, of the captain. But as the investigation continues, what we’re seeing now is the crux of the problem in the cruise industry today: inadequately trained crews and a regulatory black hole. It’s something that should have been fixed decades ago.”

On the surface, the cruise industry is all glamour and luxury, floating hotel palaces on the seas. But behind the scenes, says Gerson, a longtime advisor to the International Cruise Victims Association, the picture is far less rosy. “Crew members are generally not long-term employees of a specific cruise line, but independent contractors who sign aboard for a few months at a time, and often move from vessel to vessel, cruise line to cruise line,” says Gerson. “Crews are poorly paid and inadequately trained. And what compounds the problem is that there is scant regulation and enforcement. A crew member who is ill-prepared for an emergency on his first cruise will likely be ill-prepared on his fiftieth cruise. He’ll move from ship to ship and operators have little incentive to foot the cost of his training — and often, little legal obligation.”

As the Costa Concordia investigation unfolds, it is becoming clear, says Gerson, that a poorly trained crew was a primary factor contributing to the tragedy. “What we are hearing, both from official channels and from Costa Concordia passengers who have contacted our firm, is that many crew members just didn’t know what to do. They were telling passengers to return to their cabins, that it was just an electrical fault, when it was, of course, an urgent emergency. There were heroic crew members, to be sure, but by and large, the people who survived did so because of their own good judgment.”

As details of the disaster and its aftermath emerge, the public will get a full picture of training and safety deficiencies that not only plagued the crew of the Costa Concordia, but the entire cruise ship industry, says Gerson. “We have to make the changes that should have been made years ago,” says the veteran Miami injury lawyer. “First, we have to have uniform, mandatory, and strictly enforced certifications of competence and ongoing training for all cruise ship crew members. And it has to be done on an international level, not the loose, lax, piecemeal regulatory structures that exist — in some places, for some crew — today.”

The next step, says Gerson, is to eliminate the current liability caps that limit the financial responsibility of ship operators. “These caps are not only unfair and unrealistic, but dangerous. If a ship’s operator has little fear of liability, they have little incentive to strengthen their safety training requirements, because doing so costs money. As the catastrophe off the coast of Italy makes clear, without the prospect of substantial liability, safety and training will be compromised. It’s time to change that — and changing the laws will be a big step in the right direction.”

Italy Cruise Ship Accident UPDATE: Death Toll Reaches 11; 21 Victims Remain Unaccounted For

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

MIAMI, FL—Eleven people have been confirmed dead and 21 remain missing following the tragic Jan. 15 Costa Concordia cruise ship disaster that occurred off the coast of Tuscany, the Washington Post reported. According to Italian Coast Guard Cmdr. Filippo Marini, “As a precautionary measure, we stopped the operations this morning, in order to verify the data we retrieved from our detectors, and understand if there actually was a movement, and if there has been one, how big.”

Furthermore, ABC News reported that 52-year-old Costa Concordia Captain Francesco Schnettino—who is on house arrest in Sorrento, Italy as investigations into the deadly cruise disaster are underway— claimed he “had no intention of escaping” upon being accused of abandoning ship. Schnettino even told reporters, “I was helping some passengers put the life boat to sea. At a certain point the mechanism for lowering it, blocked. We had to force it. Suddenly the system unblocked itself and I tripped and I found myself inside the life boat with a number of passengers.”

Although Schnettino claimed he did not intend to abandon ship, so to speak, a recorded conversation between the captain and officials from the Italian Port Authority seemed to indicate otherwise. In those recordings, Schnettino can be heard notifying authorities that he, as well as an unspecified number of additional crewmembers, abandoned ship.

That Italian Port Authority officer apparently responded by saying, “And with 100 people still on board, you abandon ship? [expletive].”

Schnettino quickly attempted to cover his tracks, responding, “I didn’t abandon any ship… because the ship turned on its side quickly and we were catapulted into the water.”

Previous CNN reports suggested the cruise ship captain could potentially face charges of abandoning ship, shipwreck and manslaughter in connection with the fatal shipwreck. There were approximately 4,200 individuals aboard the massive cruise vessel when it veered too close to the island of Giglio—located of Italy’s western coast. The ship reportedly ran aground and subsequently tipped onto its side. Thus far, 11 accident deaths have been confirmed.

Investigations into the Italy cruise ship disaster, along with search/rescue missions for potential survivors, appear to be ongoing. The Costa Concordia is owned and operated by Carnival Corporation’s Italian subsidiary, Costa Crociere (Costa Cruises).

Search/Rescue Operations Continue for 29 People Missing in Italy Cruise Ship Disaster

January 17, 2012 | by Gerson & Schwartz, P.A.

MIAMI, FL—Human error is said to have played a role in the horrific Jan. 15 Costa Concordia cruise ship accident that left a confirmed six people dead off the western coast of Italy, according to information provided by Bloomberg and CNN. Italian coast guard officials say 29 people remain missing following the Mediterranean cruise disaster—which appeared to have occurred after the cruise liner’s captain strayed off the programmed course, causing the ship to run aground and tip over in close proximity to Giglio Island (Isola del Giglio), just off the coast of Tuscany.

According to Pier Luigi Foschi, chairman of Carnival Corporation’s Italian subsidiary, Costa Crociere (Costa Cruises), “We can’t deny that there was a human error… The route had been properly programmed in Civitavecchia. The fact that the ship strayed from that course can only be due to a maneuver that was not approved, not authorized nor communicated to Costa Crociere by the captain of the ship.”

Reports indicated the Costa Concordia departed from a port in Civitavecchia—located in the province of Rome— on Jan. 13, only capsize off the coast of Tuscany a couple days later. There were approximately 4,200 individuals aboard the massive cruise vessel when it veered too close to the island of Giglio, causing it to run aground and tip over. Photos of the wreckage show the cruise ship—which has more than 2,000 tons of fuel on board (potential environmental hazard)— partially submerged on its side.

As cruise accident investigations and search/rescue operations are underway, Captain Francesco Schnettino remains in the custody of Italian authorities. Francesco Verusio, chief prosecutor of Grosseto, Tuscany, told reporters that Costa Concordia’s captain could potentially spend 15 years in prison if he is indeed charged and ultimately convicted of abandoning ship, shipwreck and manslaughter in connection with the tragic cruise disaster.

BSO Officials Arrest 2 in Connection With Alleged Rape of 15-Year-Old Girl Aboard Royal Caribbean Cruise Ship

January 5, 2012 | by Gerson & Schwartz, P.A.

MIAMI, FL—Officials from the Broward Sheriff’s Office charged two Brazilian males, one of whom is 15 years old, with lewd and lascivious battery in connection with the alleged sexual assault of a 15-year-old girl aboard Royal Caribbean’s Allure of the Seas cruise ship. According to information provided by NBC Miami, BSO and FBI detectives awaited the ship’s return to Port Everglades on Jan. 3, after Royal Caribbean officials reported the apparent cruise rape case to them.

Reports indicated an unidentified 15-year-old girl was at Fuel, a teen club aboard the Allure of the Seas cruise ship, when she met a teenage boy who invited her to his room on the basis that he was holding a party and she could meet friends there.

Upon entering the 15-year-old boy’s cabin, however, she evidently realized there was no party being held there whatsoever. In fact, the only other individual there was 20-year-old Luiz Scavone, who swiftly showed her to the bed and began attempting to disrobe her (with the help of the unidentified teen boy) against her will.

Although BSO reports suggested the teen girl told the two male cruise passengers that she had a curfew and needed to leave, they would not allow her to. The Brazilian men allegedly went on to force the young victim to perform oral sex on both of them. They then forced the girl—who alleged said “no” multiple times—to have sex with both of them as well.

Royal Caribbean officials told reporters a “guest care team offered the female guest a variety of assistance, including medical care and counseling.” Authorities arrested both suspects at Port Everglades on Tuesday, less than 24 hours after the attack was said to have taken place.

Scavone is reportedly being detained at the Fort Lauderdale-based Main Jail. It was not clear if the teen suspect—whom is being charged as a juvenile—was detained upon being arrested in the cruise rape case.

According to statistics posted on the Rape, Abuse & Incest National Network (RAINN) website, the FBI regarded sexual assault as the leading crime reported on cruise ships, accounting for 55 percent of all maritime crimes reported to the bureau.

FWC, Coast Guard to Investigate Deadly Florida Keys Charter Boat Sinking

December 21, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—Authorities from the Florida Fish and Wildlife Conservation Commission and U.S. Coast Guard are investigating what might have caused a 25-foot charter boat to sink in the Florida Keys on Dec. 18. According to information provided by the Miami Herald, eight people were aboard the Key Largo Scuba Shack-operated vessel when it sank at approximately 3:15 p.m., ultimately claiming the life of a Washington State woman.

Eight individuals, including six divers, were aboard a Key Largo Scuba Shack-owned dive boat—the “Get Wet”— when for unknown reasons, the boat capsized and sank. Officer Bobby Dube of the FWC stated that according to witnesses, it only took “about two minutes” for the charter boat to sink.

Reports indicated 36-year-old tourist diver Aimee Rhoads was trapped inside the cabin of the dive boat when it capsized. Rescue crews performed CPR on Rhoads in an attempt to revive her, but to no avail. The victim was ultimately pronounced dead.

A second diver, 27-year-old New York man Amit Rampurkarl, was rushed to Kendall-based Baptist Hospital after he too became trapped in the cabin of the sinking dive boat. FWC spokesman Bobby Dube said that victim was hospitalized in critical condition.

The boat captain, one crew member and four other divers who were rescued following the Florida Keys accident managed to escape serious injury. The boat was reportedly headed to a well-known dive spot on Molasses Reef—located near Key Largo—when the boat began to take on water.

Dube told reporters the FWC will be looking into not only what caused the boat to sink, but why two of the divers on board became trapped. “Right now it’s a mystery why it sank, with more questions than answers… Even with just two minutes, they should have had time to get out… Maybe they went back to retrieve personal items. We don’t know. It’s just speculation right now,” he said.

Statistical data provided by the U.S. Coast Guard and Florida Fish and Wildlife Conservation Commission indicated 668 boat accidents occurred during the year 2010. Those boat crashes and accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.

Murder on the High Seas: Man Who Killed Wife Aboard Carnival Cruise Ship Sentenced to Life in Prison

December 13, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—A Los Angeles man who murdered his wife aboard a Carnival cruise ship in July 2009 was sentenced to life in prison in San Diego court on Dec. 8. According to information provided by the Associated Press, the 57-year-old defendant pleaded guilty to second-degree murder charges in connection with the cruise ship slaying.

U.S. Chief District Judge Irma Gonzalez sentenced Robert McGill to life in prison after he confessed to killing his wife, Shirley while aboard the Carnival Elation cruise ship.

Reports indicated that McGill and his wife initially embarked on a 5-day cruise voyage to Cabo San Lucas—located in the Baja California peninsula of Mexico—as a means of celebrating his birthday. On July 14, however, their Carnival cruise vacation took a violent and deadly turn.

According to Gonzalez, “Whatever good he has done in the past, whatever decency he had in the past, he left on the bathroom floor on July 14.” McGill reportedly attacked his wife before strangling her to death in the bathroom of their cabin aboard the Carnival cruise ship. The federal judge noted that McGill washed himself off before exiting his cabin to go smoke a cigar on the cruise vessel’s upper deck.

Upon being interrogated by FBI agents who were investigating the cruise murder, McGill claimed he attacked his wife while in an alcohol-induced hallucinogenic state. McGill told investigators he consumed approximately 8 beers, as well as half a bottle of Mezcal (a Mexican alcoholic beverage occasionally bottled with a scorpion inside) on July 14.

McGill’s defense attorney attempted to persuade Gonzalez to sentence McGill to 11 years and 3 months in prison on the grounds that his client’s violent actions were a result of excessive alcohol consumption, but to no avail.

According to the Miami cruise ship injury attorneys of Gerson & Schwartz, more cruise ship industry reform is needed to adequately protect travelers and employees from preventable injuries, assaults, rapes, and in extreme cases such as the one above, murder.