Cruise Ship Accident Lawyer Blog

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.

Royal Caribbean Lawsuit: Foreign Employee Claims She Was Dumped Off Cruise Ship After Reporting Onboard Rape

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

MIAMI, FL— October 21, 2011 – Miami-based Royal Caribbean cruise line is being sued in connection with the alleged rape of a South African woman who was working aboard a Celebrity cruise ship at the time of the attack, the Miami New Times reported. Although the former cruise ship employee reported the sexual attack to cruise line officials, doing so led to her being quarantined in her cabin without medical attention for several days and then ultimately dropped back off in South Africa, according to the pending lawsuit.

Given that no foreign police authorities investigated the alleged cruise ship rape and given that the FBI had no jurisdiction to do so—as the attack was said to have occurred off the coast of Israel—the sexual assault victim was left with no means of seeking justice. The maritime injury lawsuit claims the victim was raped after having a drink in her co-worker’s cabin and blacking out for unknown reasons.

After being confined to her cabin and denied medical care (including anti-retro viral drugs, which are used as a means of preventing the potential contraction of HIV) for multiple days, the foreign cruise worker was dumped back in her country. Although Royal Caribbean would not comment on the pending lawsuit, which was filed in Miami-Dade Circuit Court on Aug. 31., the suit suggested the popular Miami-based cruise line’s decision to bring the victim back to South Africa was an attempt to dodge liability in the case.

The lawsuit further alleges that although the rape victim suffered severe emotional distress and was left unable to work, cruise officials ultimately refused to provide the woman with compensation for her post-rape medical care and therapy sessions. The case is underway.

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.

FBI to Investigate Death of Newborn Baby on Carnival Cruise Ship

October 18, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—October 18, 2011 – FBI agents are in the midst of an investigation into the untimely death of a newborn baby aboard the Carnival Dream cruise ship on Oct. 12. According to information provided by Florida Today, Florida-based cruise ship company Carnival Cruise Lines reported the unfortunate discovery to Dutch authorities on the Caribbean island of St. Maarten, whom subsequently took custody of the newborn’s lifeless body and detained the infant’s mother for questioning.

Awaited by a fleet of FBI agents, the Carnival Dream cruise ship returned to Port Canaveral in Florida on Oct. 15. As searches were being conducted in two of the cruise ship’s guest cabins, FBI agents went on to question both cruise passengers and ship crew members who may have had any information concerning the mysterious cruise ship death.

Dutch officials in St. Maarten have since released the newborn’s mother, whom was merely identified as a 20-year-old woman living in the United States, from their custody.

According to FBI Special Agent Dave Couvertier, “Due to the international and jurisdictional aspects involved with this incident, we are still working on obtaining facts and specific details about the matter… No one has been charged as we are still working on obtaining facts and gathering any available evidence.”

A full investigation into the Carnival cruise ship death was expected to be underway.

Surviving Victims of Fatal Florida Keys Boating Accident Tread Water for 20 Hours

October 12, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 12, 2011 – A horrific boating accident in the Florida Keys resulted in the death of an elderly Hialeah woman and left seven additional victims, including a 4-year-old child, treading water for nearly an entire day. According to information provided by NBC Miami, a 22-foot vessel sank off Long Key, in close proximity to the Tennessee Reef Lighthouse, at approximately 12 p.m. on Sunday, Oct. 9.

Investigators from the Florida Fish and Wildlife Conservation are conducting a full probe into the Florida Keys accident that resulted in the drowning death of 79-year-old Zaida San Jurjo Gonzalez. The boat operator and six other passengers, all of whom are related to one another, were only rescued approximately 20 hours after the boat capsized. Reports suggested that the boat sank upon being hit by a big wave off the coast of South Florida.

Both U.S. Coast Guard personnel and boat captain David Jensen helped rescue the survivors, one of whom was identified as 4-year-old Fabiana De Armas Lima, following the boat’s capsize. Authorities identified the remaining surviving victims as Hialeah residents Elena G. Gonzalez, 52, and Juglar Riveras, 34, and Royal Palm Beach residents Jorge Alejo Gonzalez, 62, Tomasa Torres Gonzalez, 57, Jose Miguel De Armas, 40, and Yunisleidy Lima Tejada, 25. The FWC aided in rescue missions.

According to the Florida Fish and Wildlife Conservation Commission’s 2010 boating accidents statistical report, drowning was the cause of death for 62 percent of the 79 individuals who lost their lives in recreational boating accidents in Florida (a total of 49 victims) that year. Thirty-four percent of victims (27 people) died from trauma-related injuries, and the cause of death for the remaining four percent of victims (three people) remained unidentified.

Man Falls Overboard Boat and Into Propellers at Biscayne Bay, Dies

October 11, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 11, 2011 – The Florida Fish and Wildlife Conservation Commission is conducting an investigation into a recent and horrific boating accident in which a man lost his life after falling overboard a vessel and into its propellers. The fatal incident occurred during Biscayne Bay’s 55th annual Columbus Day Regatta, NBC Miami reported.

According to Jorge Pino of the FWC, 45-year-old Juan Carlos Morales appeared to have been either sitting or standing on a 65-foot boat’s rear dive platform when he fell overboard and into the vessel’s propellers. The deadly boating accident occurred near Elliot Key along the coast of South Florida on Oct. 8.

While investigators are still unsure how the boat accident victim fell to his death, a full probe was expected to be underway. Morales was the first person to die in a boating-related incident this Columbus Day weekend, Pino said.

Although Pino stated that it also remained unclear whether alcohol played a role in the fatal boating accident, statistical data provided by the U.S. Coast Guard (USCG) suggested that alcohol use was the primary contributing factor of boating fatalities during the year 2010. In the past, countless boaters have been arrested for boating under the influence (BUI) during the Columbus Day Regatta at Biscayne Bay.

Miami Cruise Ship Injury Attorney News: More Than 450 Alleged Sexual Assaults Reported to Royal Caribbean Over 8-Year Span

October 4, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— October 4, 2011 – Upon analyzing FBI data and sexual assault reports on three major cruise lines, researchers concluded that individuals are more vulnerable to sex crimes aboard cruise ships than they are on land in Canada. Study leaders Dr. Jill Poulston, the Auckland University of Technology (AUT) head of hospitality, and Ross Klein, a professor at Canada’s Memorial University of Newfoundland, found that Royal Caribbean International cruise line, for instance, received no less than 450 reports of sexual abuse aboard its cruise vessels over an eight-year span, the New Zealand Herald reported.

The cruise ship sexual assault study, which focused for the most part on American and Canadian cases, found that the majority of sex attacks involved ship crew members and the majority of sex assault and rape victims were female.

Furthermore, researchers were able to determine that in more than one third of the alleged sexual assault cases, cruise ship crew members appeared to have forcefully entered passengers’ cabins.

According to AUT’s Dr. Poulston, “While cruise vacations are often sold as voyages of romance and adventure a significant number of passengers have very different and very unpleasant experiences.” Poulston also suggested that the high number of sex crimes could be partly attributed to cruise ship passengers who “let their guard down” on vacation.

Incident reports by Royal Caribbean International and Carnival Cruise Lines suggested, “The rate of sex-related incidents on cruise ships is almost 50 per cent higher than the rate of sexual assault on land in Canada.”

Celebrity Cruises-owner Royal Caribbean said on its website, “Royal Caribbean International is committed to preventing illegal activity and treats all allegations seriously.”

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.

Miami Cruise Ship Accident Attorney News: Engine Room Fire Results in Deaths of 2 Norwegian Cruise Ship Workers

September 20, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—September 20, 2011 – Norwegian police officials appeared to believe an engine room explosion was to blame for the blaze that was ignited aboard a Hurtigruten cruise ship on Sept. 15, claiming the lives of two crew members. According to information provided by the Denver Post, the deadly cruise fire spurred the evacuation of hundreds of cruise ship passengers and also caused three rescuers to suffer minor wounds.

While police suspected that a blast in the engine room of the MS Nordlys, which is operated by Norwegian cruise ship company Hurtigruten, resulted in the deaths of two cruise employees, a full investigation will be required to confirm such assumptions. According to Ålesund Police operations head Trygve Oedegaard, “Nothing indicates sabotage or points to terror… But, of course, we have to investigate all options.”

Reports indicated that when the MS Nordlys docked in Ålesund, Norway, smoke coming from the ship spread to area buildings, forcing authorities to block off certain portions of the town. Although an excess of 100 cruise ship passengers were initially evacuated from the burning ship and put onto lifeboats, 55 cruise ship workers, along with the remainder of the total 207 passengers, disembarked the vessel in Ålesund.

Two cruise line workers were killed in the engine room fire and nine other crew members suffered various injuries, for which they were hospitalized. Two of the injured cruise employees’ reportedly sustained severe burns as a result of the engine room blaze. A full investigation into the fatal cruise ship fire was expected to be underway.

Miami Cruise Ship Injury Lawyer News: Elderly UK Cruise Ship Passenger Reported Missing From Fred Olsen Cruise

September 15, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL—September 15, 2011 – A cruise ship passenger, whom other vacationers described as a “pleasant elderly British gentleman,” was reported missing from the cruise vessel Balmoral on September 12. The missing passenger was last seen aboard the Fred Olsen Cruise Lines-operated ship on the night of September 11, as it traveled from Stavanger, Norway to its final destination in Southampton, England, the Daily Mail reported.

According to information provided the Daily Mail, a cabin stewardess aboard the UK cruise ship Balmoral reported finding a note suggesting that a passenger may have gone missing on 9/11. It was only after ship crew members carried out a full onboard search to no avail and the cruise liner docked in Southampton that passengers were informed that they would only be permitted to disembark following preliminary missing persons investigations by police officials.

“We were only told what had happened when we arrived in Southampton. It was a very upsetting thing to hear. We had had a fantastic holiday and were just about to disembark and return home when we suddenly were told someone had disappeared… Everyone was shocked. No one knew that it had happened, even though we had been on the ship for more than 36 hours with him missing. It is the sort of thing you read about or see on TV,” an unidentified cruise ship passenger told reporters.

Authorities reportedly boarded the 700-foot Balmoral cruise ship in Southampton and approximately three hours passed before more than 1,000 passengers were given the OK to get off the ship. While authorities did not state if they suspected that the missing elderly man fell overboard, accentually or deliberately, investigations were ongoing.

Statistics provided by the International Cruise Victims Association suggested there have been 165 cruise ship disappearances since 1995. Excluding this particular missing persons case, 12 victims have disappeared at sea since the beginning of the year 2011.

Miami Boat Accident Attorney News: Pinellas Park Fisherman Killed in Intracostal Waterway Boating Accident

September 14, 2011 | by Gerson & Schwartz, P.A.

MIAMI, FL— September 14, 2011 – Pinellas County Sheriff’s Office Marine investigators are conducting a probe into an unfortunate boating accident that claimed the life of a fisherman on the morning of Sept. 12. According to information provided by Patch, a 13-foot stick-steered boat went out of control in the Intracostal Waterway for unknown reasons, ejecting two fishermen, both of whom were not wearing lifejackets, into the water.

Reports indicated 68-year-old “Fireman John” Joseph Litz and 70-year-old Anthony S. Naismith were aboard the vessel Carolina Skiff when it began spinning out of control around 10:43 a.m. Although the fishermen were apparently able to report the emergency situation, they were thrown into the water for unknown reasons.

Another boater in the area appeared to have witnessed the boat accident reportedly helped retrieve the men from the water. Shortly after, a boat operated by Clearwater Fire and Rescue personnel responded to the site to tend to the victims.

While Naismith did not appear to suffer any injuries in the watercraft accident, responding emergency crews performed CPR on an unresponsive Litz before transporting him to the Seminole Boat Ramp so he could be rushed to Morton Plant Hospital for further medical attention. Sadly, Litz, who worked for the Pinellas Park Fire Department for nearly four decades, died at the medical center.

According statistics provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC), 668 boat accidents were reported during the year 2010. A total of 79 boating deaths and 389 injuries resulted from those boat crashes and accidents. Furthermore, Florida has the highest number of boating accidents in the nation.