Cruise Ship Accident Lawyer Blog

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.

Lake County Teen Killed in Jet Ski Collision

December 2, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— December 1, 2011 – A violent Jet Ski collision on Lake County’s Lake Joana resulted in the death of a 14-year-old Mount Dora boy, according to recent reports by the Orlando Sentinel. According to information provided, the violent personal watercraft accident was reported to authorities around 3 p.m. on Nov. 27.

Nicholas Polk and his friend, Ryder Wayne, 15, were riding a Jet Ski on Lake Joana in Eustis, Fla. when something went horribly wrong. The teens were reportedly traveling away from a cove on the lake when they noticed a second watercraft approaching.

Wayne and the operator of the second Jet Ski, 15-year-old Daniel Cole, attempted to swerve away from one another, but to no avail. Reports noted that 15-year-old Robert Rumary was riding on the back of Cole’s PWC at the time as well. All four Jet Ski riders were ejected into the lake on impact.

While Wayne, Cole and Rumary escaped injury in the Lake County boating accident, Polk was not so fortunate. According to investigators from the Florida Fish and Wildlife Conservation Commission, Polk, who appeared to have sustained a head injury in the Jet Ski crash, eventually succumbed to his wounds.

FWC spokesman Gary Morse told reporters the fatal boat crash investigation is ongoing.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) 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.

Boat Crashes into Seawall Along Intracoastal Waterway in Hollywood; 1 Dead, 1 Injured

November 30, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— November 30, 2011 – Florida Fish and Wildlife Conservation Commission investigators are looking into what might have caused a powerboat to plow into a seawall during the early hours of Nov. 28, killing one boater and leaving another hospitalized with unspecified injuries. According to the Sun Sentinel, the fatal boating accident occurred at approximately 1:20 a.m. along the Intracoastal Waterway in Hollywood, Fla.

Reports suggested Aldo Antonio Rodriguez, 41, and female passenger Odalys Diaz, 45, were aboard a 25- to 26-foot center console vessel, navigating the Intracoastal Waterway in the dark, when the boat slammed into a western seawall. Diaz was thrown from the boat on impact. Rodriguez, on the other hand, became trapped in the vessel’s damaged bow as a result of the watercraft accident.

The crashed boat then mysteriously went on to circle the accident site, even after striking a second wall on the eastern side of the Intracoastal. According to Hollywood Fire Rescue Division Chief Mark Steele, who responded to the scene along with other paramedics from the department, “When they first saw it, they were like, ‘How is this happening?’”

Although emergency medical crews rushed both Rodriguez and Diaz to Memorial Regional Hospital following the violent boat wreck, Rodriguez’s injuries proved fatal at the hospital. The extent of Diaz’s crash injuries remained undisclosed.

While FWC detectives have yet to determine the cause of the Hollywood boat crash, speed was suspected to have contributed to the fatal accident. “That’s definitely something they’re going to take a look at… It is likely a factor considering the force involved in the accident… It will be under investigation for probably quite a while,” explained Carli Segelson, a spokesperson for the commission.

Federal Authorities Detain Carnival Liberty Cruise Ship Waiter Accused of Having Sex With Minor

November 24, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— November 24, 2011 – FBI agents on Nov. 19 arrested and charged a 35-year-old Carnival Cruise Lines crew member upon receiving a report alleging the employee engaged in illicit sexual conduct with an underage cruise ship passenger. According to information provided by the Miami Herald, the unidentified 14-year-old victim waited until she returned home to tell her family about the incident.

Reports suggested Carnival Liberty cruise ship waiter Kert Clyde Jordan is accused of persuading the young girl to follow him to a bathroom on the vessel’s Lido deck and then proceeding to have unlawful sex with her. The alleged sexual encounters occurred on Nov. 4 and 5, as the Liberty cruise ship was seemingly navigating international waters.

Federal officials took the Carnival cruise waiter into custody in Florida on Nov. 19. He was charged with engaging in a sexual act with a person under the age of 16 shortly after the child sex victim identified him to the FBI. On Nov. 22, the U.S. Attorney’s Office announced that Jordan, whom is originally from Grenada, was still under federal lockup in connection with the cruise ship sex crime. The case is underway.

According to a statement released by Miami-based Carnival Cruise Lines, “Carnival has a zero tolerance policy for crime and we take any allegations of crime extremely seriously. We continue to provide our full cooperation and support to federal law enforcement authorities. Our Care Team has reached out to offer support and express our utmost concern for our guest and her family during this difficult time.”

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.

Violent Powerboat Crash Results in Deaths of 2 Key West Super Boat World Championships Racers

November 10, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— November 10, 2011 – A horrific South Florida boat crash claimed the lives of two offshore powerboat racers who were participating in the Key West Super Boat World Championships that took placed on Nov. 9th According to information provided by the Miami Herald, spectators were watching the powerboat race from Mallory Square, a waterfront plaza in Key West’s historic district, when a 46-foot powerboat went airborne, flipped, and wrecked upside down during the third lap.

Reports suggested Jeffrey Tillman and Bob Morgan, both Missouri residents, were racing Big Thunder, a Skater powerboat equipped with four 1,200-horsepower engines, in Key West Harbor when something went horribly wrong. During the third lap of the Key West Super Boat World Championships, the powerboat allegedly did a barrel roll and landed upside down, crushing the high-speed boat’s cockpit on impact.

Upon arriving at the site of the violent boating accident via helicopter, emergency personnel leapt into the water to rescue the severely injured powerboat racers. The accident victims were subsequently pulled aboard a rescue vessel and taken back to shore, where an ambulance was awaiting their arrival.

Unfortunately, both Morgan—who owns Big Thunder Motorsports Park and Marina Complex on Lake of the Ozarks in Missouri—and Tillman—a Lake of the Ozarks developer— ultimately succumbed to their traumatic injuries and were pronounced deceased at Lower Keys Medical Center.

Beyond the fact that powerboat was clearly traveling at a high rate of speed when it flipped over and crashed, reports did not specify whether any other factors are suspected to have played a role in the fatal boating accident. Investigations are expected to continue.

Statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC) 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.

Husband of Cruise Ship Passenger Killed During Belize Snorkeling Excursion Files Wrongful Death/Negligence Lawsuit

October 25, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—October 25, 2011 – An Ohio husband who witnessed his wife get pulled into the propellers of a boat during a snorkeling expedition off the coast of Belize has filed a lawsuit alleging both wrongful death and negligence. According to information provided by the Seattle Times, Seattle-based cruise ship company Holland America and Belize-based snorkeling excursion company Cruise Solutions are being sued in connection with the horrific Feb. 2010 cruise accident.

Reports suggested Michael Mechling and his wife Diana boarded a Holland America cruise ship in Feb. 2010, seemingly under the premise that they would be able to participate in various tours and expeditions during their Caribbean cruise voyage. Unfortunately, one of those excursions took an unexpected turn for the worse.

According to a negligence and wrongful death lawsuit filed in Seattle on Oct. 18, the Mechlings were on a snorkeling trip off the coast of Belize when something went horribly wrong. Almost immediately after Diana Mechling leapt from the boat and into rough waters, the tour boat operator reversed in an attempt to stabilize the vessel.

The lawsuit alleged, “Michael Mechling realized that he could not see Diana Mechling and began yelling, `Where is my wife?'” Mrs. Mechling, who was behind the boat when the operator shifted it into reverse, was consequently pulled beneath the vessel and into its propellers. Although the severely injured cruise ship passenger was conscious upon being transported to a hospital, her wounds ultimately proved fatal.

Mr. Mechling is seeking unspecified compensation in connection with the fatal cruise accident

Although Cruise Solutions did not comment on the pending negligence lawsuit, Holland America spokesperson Erik Elvejord stated, “Holland America Line is aware that a complaint has been filed and we extend our sympathies to the family for their loss. However, as is company policy, we do not comment on legal matters.”

*The Miami personal injury law firm of Gerson & Schwartz, P.A. has no affiliation with the case above.