Injury Law Blog : Florida Injury Lawyer & Attorney : LaBovick Law Group : Serving West Palm, Boynton, North Palm, West Palm Beach, Jupiter

Once again Carnival Cruise Lines finds itself in the news. This time two passengers were lost at sea off the coast of Australia after either falling or jumping off the Carnival Spirit. Evidently, the missing couple went overboard at approximately 9 PM off the coast of Australia.

The pair was part of a larger group of family and friends. It is believed they went missing from the balcony of their state room. Carnival Cruise Lines crew conducted a thorough search of the ship before declaring the couple lost at sea. Thereafter, the vessel circulated the area in an effort to find them in the ocean, but the pair was never located. The investigation is ongoing, and the Australian maritime safety authority is participating. The search area was approximately 120 square nautical miles. The carrier still holds hope that the couple can be found but acknowledges that with every hour the chances of finding them alive, or even at all, diminishes rapidly.

Sadly, a number of Carnival ships have involved tragedies lately. Industry insiders believe that many of these mishaps could have been avoided with better safety and maintenance. However, it is practically impossible to eliminate the chances of a person going overboard. Cruise passengers must use common sense and conduct themselves prudently aboard a ship.

There are many reasons why a person would go overboard. Consumption of alcohol is the primary reason, other folks have attempted suicide and a few have been the victims of crime. Sometimes these cases result in the cruise lines liability. However, the survivors must show that the cruise line breached its duty of care under the circumstances. Further, the matter is complicated by the Death on the High Seas Act. These types of cases can be very tricky and require a certain set of skills by the attorney representing the surviving spouse or family. Notwithstanding, every passenger should consider safety first.

If you have any questions about this cruise accident or one you may be involved with, feel free to contact me any time.

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On the heels of the "State of the Industry" conference and only after a month from the Triumph disaster, Carnival has suffered another setback. The Carnival Dream lost a generator at port in St. Maarten. Passengers are being flown home. Upcoming Dream cruises have been cancelled leaving future passengers to scramble to find replacement itineraries. While the recent conference revealed that 90% of all regular cruises remain loyal to the industry, one has to wonder how many will remain loyal to Carnival whose stock has slipped. This is bad news for south Florida. Each year the cruise industry sees twelve million passengers come through the port of Miami. This doesn't count Ft. Lauderdale, Palm Beach and Port Canaveral. Many of these passengers use hotels and eat in the local restaurants before and after their trip. Carnival’s string of mistakes will cost Carnival for sure but also affect the local economy.

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This week the cruise line industry is meeting in Miami for the “State of the Industry” conference. Among other things, the industry is discussing an expansion of the geography of the itineraries. Currently, the most popular destination is the Caribbean, both east and west. Voyages to Mexico have fallen into disfavor due to the extensive crime and drug problems there. In the never ending effort to remain competitive in the travel industry, the cruise lines strive to expand their services to appeal to the masses. They are now discussing, expanding their European routes and creating new itineraries in Asia, including China. This of course will present itself with new safety challenges. Passengers may be required to obtain certain vaccinations, otherwise not necessary for the US and Caribbean routes. Obviously, the food choices will reflect the local custom and most US citizens are not used to the native Asian cuisine. Also, some of the areas in Asia have governments that are rather restrictive. If a traveler intends on travelling to these new locations, it will serve them well to familiarize themselves with the terms and conditions of the ticket, learn the local customs and research the dos and don’ts of the countries on the itinerary. Especially when the cruise destination is halfway around the globe. If one becomes seriously ill or injured, they may find themselves in an Asian medical facility not likely to take American insurance. Remember, safety is always first.

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Now that all the dust has settled around the Carnival Triumph disaster, we have not seen the influx of lawsuits that the lawyers were promising. There is an answer for this. Very few of the passengers aboard the Triumph have actual cases. The attorneys who were vocalizing their desire to sue Carnival in all likelihood had very little experience in suing a cruise line. A passenger's rights and responsibilities are clearly set forth in the contract for passage. There are very strict rules that apply to an individual who attempts to sue a cruise line. Typically, the cases must be brought in South Florida; other venues include Los Angeles and Seattle depending on the line. In Carnival's case, any lawsuit for personal injuries must be brought in Federal court in Dade County Florida. There is no cause of action for negligent infliction of emotional distress without an associated physical injury. Concurrently, any property damage claims are subjected to financial limitations, typically $5000 and must be arbitrated in Miami, Florida. Some lawyers may try to get creative and bring an action against Carnival for reckless endangerment, fraud or intentional infliction of emotional distress. However, without an associated injury, the claims may end up in arbitration in Miami Florida. Recent surveys have shown that arbitration can cost nearly three times the amount of garden-variety courtroom litigation. The cruise lines and their attorneys recognize that they will be able to eliminate a substantial portion of claims by requiring the passenger to come to South Florida to bring the claim. Further, arbitration restrictions will likewise scare off inexperienced attorneys from taking on the cruise line.
When all the hoopla was taking place regarding the Carnival Triumph and the lawyers were tooting their horns about their cases, I knew that very little of this would ever come to fruition without any associated physical injury. Certainly, there are some passengers who suffered a physical injury as a result of the negligence of Carnival. Many contracted dysentery, dehydration, airborne bacteria and virus. These can all lead to actionable physical injuries that open the door to the emotional component of this disaster. It just takes the right lawyer with experience in this are to find the right cases.

 

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The Carnival Triumph has now reached port and the passengers are now disembarking. Many of whom have a long trip home after a completely miserable trip. It is evident from the reports that Carnival has downplayed the plight of its passengers to almost a ridiculous degree. We now know and have seen evidence of feces in the hallways, mattresses on deck and have heard the accounts of the passengers who recite a nightmare to say the least. Many of these people will be looking to hire an attorney and explore their options against Carnival. The cruise line has offered to refund the money its passengers paid for the trip and a small consolation prize of a low cash settlement or an additional trip. It is doubtful that any of these passengers will sail again much less on Carnival. The insulting offer is ridiculous. It is come to light that Carnival new the Triumph had propulsion problems and had known it for quite some time. It could be said that Carnival perpetrated a fraud on its passengers and should be held accountable. Many people will fall ill to airborne sicknesses, norvirus, dysentery, dehydration and other maladies. These injuries are compensable. Carnival seems to ignore the problems with its aging fleet and finally needs to be brought to task. A ship is nowhere to leave out safety. Carnival needs to be taught a lesson.

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The Carnival Triumph cruise suffered a fire in the engine room this past Sunday disabling the ship's propulsion systems and power. It is unclear why there are no backup generators. The 3300 passengers are suffering with no air conditioning, limited food and only five working toilets. Reports from passengers aboard described sewage in the halls, seeking through the walls and an unparalleled stench. The Coast Guard is towing the crippled ship to Mobile, AL but isn't expected to arrive until Thursday. Until then, the passengers and crew will endure suffocating heat, sewage, and long lines for onion sandwiches. Carnival promises everyone on board is safe and sound. They expect to refund the fare and give vouchers for additional cruise.

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The jury instruction reads “Just because an accident happens, does not mean someone is to blame". This instruction is a major stumbling block to plaintiff's recovering in cruise line slip and fall accident cases. The law is clear that a foreign substance must have been on the floor for a period of time long enough for the ship to either know or should have known of his existence and failed to clean it up. Alternatively, the ship created a dangerous condition and did nothing to warn its passengers or remedy the situation. Most cruise line slip and fall cases involve transitory substances on the floor, such as water, ice cream, coffee or soft drinks. At or near the food vending areas and the buffet lines there may be food on the floor. The difficulty in establishing liability on the ship is being able to show that the substance was on the floor for a substantial period of time, at least sufficient for someone to of seen it and cleaned it up. This is where most cases fail.
If you or someone you know is injured in a slip and fall case on a cruise ship, it is important that you look around at the surroundings and immediately document the area. Was the transitory substance or liquid in a place where you might expect that such as a pullback or outside Jacuzzi or by the service area of the bar? This is important because the ship will use it as a defense that a reasonable person would expect water to be on the deck in those particular areas. However, if the water is in an area where one would not expect it to be and that would be important because these areas are routinely patrolled and notice is easier to establish. Also, obtain the names, addresses and phone numbers of any witnesses. Most people are willing to help but if you don't have their particulars then their information will be of no assistance.
Oftentimes, passengers believe that the threshold areas that separate one portion of the ship from the other are tripping hazards. However, the thresholds generally fall within the acceptable height deviations from the deck. Again, if you or someone you are traveling with trips over one of these thresholds, it will be important to photograph the area immediately. If, for any reason, the threshold area is damaged or defective, the ship has an obligation to inspect the area and correct any dangerous conditions. Photographic evidence is very important in the trip and fall, slip and fall cases. Every passenger has a camera or knows someone who has one. Have a member of your party photograph the area of the incident thoroughly and immediately thereafter. This evidence may be very useful in litigating a claim against the cruise line.
Obviously, the passenger’s level of sobriety and type of footwear will also come into play. Remember, you are given a folio charging card at the beginning of the cruise. The cruise line knows exactly how much alcohol you purchased with that card. If you are injured after a day of heavy drinking, you better believe that that will be a defense. Additionally, the footwear being worn at the time will also come in to play. It is, after all a ship, sensible footwear is a must. Sometimes you have to sacrifice facts fashion for safety.
Finally, every passenger has an obligation to look after his or her own safety. That means, you are charged with the responsibility to look where you're going and appreciate open and obvious dangers. Not every accident can be avoided but not every accident means someone said fault either. Each case turns on its own set of facts and circumstances. The more facts that are gathered immediately after the incident, the better chance you have to successfully prosecute a slip and fall or trip and fall claim against the cruise line.

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Imagine: you’re lying in the sun, relaxing with no cares in the world. Sounds amazing, right? Every year, millions of people enjoy the luxury and relaxation of taking a cruise. Most of them are pleasant, but unfortunately, sometimes accidents or injuries can happen in the middle of your vacation. If you become sick or injured during a cruise, what should you do?

Cruise lines are required by law to provide reasonable care to all passengers. This means they should reasonably warn all passengers of any potential dangers, such as slippery areas on decks, so passengers can make their own safety decisions. However, the term “reasonable care” is highly open to interpretation, and claims often do not hold up in a court of law. Also, many cruise line contracts contain a clause that limits their liability in the event of an injury or accident onboard.

How can you protect yourself and ensure you receive fair compensation in case of an illness or injury on a cruise ship? First, as soon as the accident occurs, you should file a complaint with the cruise line. This will be a tangible record of your incident. You shouldn’t sign any documents that would reduce liability for the situation. As soon as you get home, you should retain an attorney experienced in maritime law. You often have less than a year to file claims dealing with the maritime law. Maritime law governs all incidents that happen on the seas. These laws can be tricky, as the cruise line may want you to file lawsuits in a certain area or try to dispute the area you were in at the time of the accident. Maritime law is tricky, and cases should be handled by an experienced lawyer.

Almost everyone would love to take a luxurious vacation aboard a cruise ship. There are so many places you can visit and so much to do at a reasonable price. Cruises are almost always pleasant, but sometimes tragedy or even fatalities can occur. If you or a loved one is injured or becomes very ill while aboard a cruise ship, there are some precautions you can take to ensure you get the best compensation for your heartache and harm. You should file a claim with the cruise line while aboard. When you get home, you should immediately contact an attorney experienced in maritime laws. By doing each of these steps, you can ensure you receive the compensation you deserve following an accident or illness aboard a cruise ship.

Cruises make for beautiful, fun, reasonably-priced vacations. Unfortunately, sometimes things can go wrong, and accidents or illnesses can arise. When this happens, you should file a claim with the liner for the cruise line accident. Then contact an experienced lawyer as soon as possible. You deserve compensation for your injuries, and maritime lawyers can help you get the compensation you deserve!

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It's been about six months since the Costa Concordia ran aground, capsized and partially sunk. Shortly after this accident occurred, I predicted a downturn in the industry. I also set forth the proposition that other cruise lines would suffer as a result of Costa's blunder. My prediction has been accurate. Industry insiders have said that ticket sales have slowed by more than ten percent, and profits are off since before the incident.

Micky Arison, the chairman and CEO of Carnival Corporation confirmed that their earnings were off and rely on his company's surveys that show first-time cruisers were impacted by the event. Mr. Arison hopes that as time goes by, the industry will be able to regain the trust of the passengers and recover from the fallout of this incident.

It is interesting to note that the cruise line industry has grown exponentially over the last 10 to 15 years. With higher competition and lower fares, cruising has become a popular alternative to traditional occasions. Considering that the average ship holds 2,500 passengers, and multiple ships leave port every week, it is not hard to figure the volume of passengers that the cruise line industry serves. Compared to catastrophic disasters such as the Concordia, it is easy to understand that cruising is a very safe method of travel. Therefore, it is interesting to observe the type of passenger fall off that the industry has seen since the Concordia disaster.

While airline travel is still considered to be among the safest forms of transportation, the industry does not suffer the type of losses the cruise line industry saw when a plane crashes. Automobile and ground transportation still remain the riskiest of all forms of transportation and yet that doesn't hinder its use considering the high rate of highway accidents.

Hopefully, the industry will recover and continue to grow. Perhaps the industry will learn from its mistakes in order to avoid similar disasters in the future. Cruising is still, and will continue to be, a pleasurable form of transportation. As the industry grows, new ports of call will open and expand the menu of travel spots available. This incident should not be a permanent put off for anyone considering cruising as a vacation alternative.

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A woman from Jupiter, Florida has recently filed a law suit against Celebration Cruise Line, alleging that she sustained serious injuries after falling down a staircase aboard the cruise ship.

According to court documents filed on May 7th by the LaBovick Law Group, Karen Kollinger, of Palm Beach County, fell head first down a flight of stairs after her heel became caught under a raised metal strip which is used to hold the carpet in place on the stairs.

Attorney Mark R. Hanson of Palm Beach Gardens is representing Kollinger in the matter. When asked to comment on the case, personal injury attorney Mark Hanson stated, "She was virtually catapulted out of her shoes."

Kollinger had to undergo cervical spine surgery as a result of the fall and is suing Celebration Cruise Line for negligence and undetermined financial damages, Hanson said. He also added that "They were negligent in maintaining the stairs in a safe condition, which created a dangerous situation."

Attorney Mark Hanson further explained that she fell on a staircase in seas that were very calm, and therefore didn't play a factor in the incident. He expanded further that a jury will have to decide on the damages due to Karen Kollinger, who has accumulated medical bills in excess of $100,000 so far.

According to the Sun Sentinel (http://www.sun-sentinel.com/business/fl-celebration-cruise-lawsuit-20120509,0,6127220.story), Court documents submitted May 7 in Fort Lauderdale in the U.S. District Court Southern District of Florida Broward County allege that Kollinger's fall, which has caused "great physical pain and mental suffering" was a direct result of Celebration's negligence.

A spokesperson for the cruise line stated that he didn't have any information about Kollinger's lawsuit, but that the standard operating procedure is not to comment on an ongoing lawsuit.

About Mark Hanson:

Mark Hanson is the Director of Litigation at LaBovick Law Group. He has over twenty years of experience fighting for the rights of injury victims. Named a Florida Super Lawyer, he is highly respected for his aggressive representation in personal injury and maritime law matters.

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Attention all cruisers: did you know that a cruise line is not responsible for lost, stolen or damaged jewelry, even if it is their fault? Here is a typical disclaimer found in all cruise contracts in some form or fashion:

“We do not assume any liability for any loss of or damage to or delay of perishable items, medicine, liquor, cash, credit or debit cards, jewelry, gold, silver or similar valuables, including but not limited to those specified in Title 46 of the United States Code section 30503, securities, financial instruments, records or other valuable or business documents, computers, cellular telephones, cameras, hearing aids, dental hardware, eyewear, electric wheelchairs, scooters, or other video or electronic equipment, binoculars, film, videotape, computer disks, audio disks, tapes or CDs. These items should not be left lying about the Ship or your stateroom, nor should they be left unattended on other vessels, railcars or other vehicles or in hotels, or placed in luggage other than a bag that you carry with you. In addition, we do not assume any liability for any loss of or damage to carry-on baggage left unattended on the Ship or on other means of transportation or in hotels. The Ship and certain hotels may be equipped with stateroom or room safes or safe-deposit boxes in the Ship's or hotel's Front Office; using these facilities will not, however, increase our liability as provided in this contract.”

With this in mind, a passenger should exercise some prudence and common sense whenpacking for a cruise. Leave the diamonds, gold and your Rolex at home. Bring the costume jewelry instead. Most people won’t know the difference and even fewer would care. I have had to give many clients the bad news that their theft is not covered by the cruise line, and homeowners’ policies offer little relief unless a rider has been purchased. Avoid this heartache, and leave the good stuff at home. 

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 In January, a 15-year-old girl was raped aboard the Royal Caribbean “Allure of the Seas” after leaving out of Ft. Lauderdale. She met some older boys from Brazil at a nightclub after 1:45 am. They invited her to a private party in their room and sadly she went with them. Once inside, she was trapped and raped. The ship’s personnel notified the FBI and the Broward Sheriff, who conducted a complete investigation before arresting the offenders. 

In this instance, the ship did what was legally required. While there is no action to be brought against the carrier unless they knew or should have known of the propensity of the offenders, a lesson can be learned from this horrible event. These giant ships are like microcosms of cities. Crimes can occur and do. Be careful after hours. Don’t enter deserted, dark and out-of-the-way stairwells. Do not go to the staterooms of strangers. Above all, impress upon your teenagers and children that they need to be extra careful, and never go out alone. Aloha.

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The Costa tragedy continues to grow. There have been 11 people confirmed dead, several still missing and many more injured. The Italian Coast Guard has released a tape where the Coast Guard was ordering the ship’s Captain back to the vessel after he abandoned ship with passengers still aboard. The cowardly, clueless Captain had no idea regarding the gravity of the situation. After being apprised of same, he still refused to re-board the ship and help the evacuation efforts. He was subsequently arrested and now sits in an Italian jail. He faces prison time for abandoning the ship and may face manslaughter charges for the death of the passengers. As I predicted, the fallout will hurt Costa and its parent company, Carnival, "The World's Most Popular Cruise Line." Carnival’s stock price fell nearly $5 a share yesterday and may go further south as the investigation uncovers more information. Cruise line industry experts say that this event will affect the industry as a whole due to the mounting distrust of the operation of these cruise ships. It’s time for some public relations and damage control. Stay tuned.

Photo by Laura Lezza/Getty Images

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A Costa Concordia cruise liner suffered the worst possible of all scenarios last week. One of their ships had run aground, listed, then tipped onto its side causing injury and death to many of its passengers. When it couldn't seem to get any worse, the life boats malfunctioned. Then it comes out that the Captain changed the direction of the ship as a favor to a passenger. This led to the vessel striking the rock that caused the damage.

One has to wonder how this could happen in this day and age of modern technology. The modern cruise ship is outfitted with equipment specifically designed to prevent collisions with submerged or partially submerged objects. Additionally, there is always a crew member assigned as a look out. This accident was a complete fail on the part of the captain and crew. It was unequivocally avoidable. The pure and simple negligence of Costa has caused the ultimate disaster.  The fallout from this incident will be felt industry wide. Carnival, Costa's parent company, will be called upon to explain how something like this could happen. They will pay in lost business, revenues and lawsuit damages. The reputation of the cruise line will be tarnished indefinitely. Most tragedies are avoidable; in this case it was senseless and unjustifiable as well.   

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Well you asked for it... I have been remiss in not addressing some pressing and thoughtful cruise questions I've been asked over the years. 

While at sea, the crew does live aboard the ship.

The vessel produces it's own electricity and does not rely on an extra long extension cord from Miami.

The passengers do not get to keep the ice sculptures for souvenirs after they melt.

While cruise ship pools are filled with sea water, that's not why it sometimes gets rough.

The elevators do not go from the back to the front of the ship.

I hope this helps clear up any confusion someone may have had regarding these cruising issues. Happy New Year!

If you have any other questions or concerns regarding maritime/admiralty law, please feel free to contact Mark Hanson, Esq. at LaBovick Law Group.

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There can be no doubt that today’s cruise ships are more all-inclusive than ever. But before you are allowed to do any of the fun stuff, like rock climbing, ice skating, surfing and boogie boarding, just to name a few, the cruise line will make you sign a release of liability to save them from getting sued when anyone gets injured. With the inclusion of these cool and extreme activities on a moving ship, more injuries are likely to occur. The release is the passenger's pledge that they won't file a lawsuit if they are injured. The question arises whether the release will save the ship from suit when there is an unusual showing of negligence on the part of the ship’s staff.

Recently, a young lady was participating on the FlowRider surfing machine aboard the Royal Caribbean “Oasis of the Seas” when she got injured through the negligence of the instructor. The lower court threw out the young lady’s claim saying the release was enforceable. The passenger appealed and the appellate court overturned the lower court’s ruling saying the release and waiver was void as contrary to federal statute thereby paving the way for her claim to be heard by a jury. This ruling is clearly a departure from the land law of releases and waivers that have been routinely upheld to the detriment of the releasor. An experienced maritime attorney knows the difference, and that difference could mean the success of the case in the end. In this case, justice prevailed, and the passenger is free to continue her case. Nevertheless, the moral of the story is to maintain a careful vigil when cruising. Engage in activities that match the skill, experience and age of the cruiser, and do not push the limits of common sense. Have fun!

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A gravely ill passenger aboard a cruise ship was recently dropped overboard into the frigid waters of the North Sea during an emergency medical transport. According to published reports, the cruise ship accident occurred as emergency medical personnel transferred the victim from the Ocean Countess cruise ship to a Norwegian rescue vessel.

The cruise ship accident was witnessed by a couple traveling to Norway. According to the husband, personnel from both ships were holding opposite ends of the stretcher when the two vessels  suddenly drifted apart. At a certain point, control of the stretcher could no longer be maintained, and the woman plunged into the sea.  The two ships apparently were not properly latched together in preparation for the transfer.

According to a cruise line spokesman, after several attempts, the crew of the search and rescue vehicle was finally able to retrieve the woman from the freezing ocean water and transfer her to a local hospital. It is estimated that the critically injured passenger, spent nearly eight minutes floundering in the North Sea while rescue efforts were organized and executed.

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This past week Disney Cruise Lines opted to skip Mazatlán Mexico citing the escalating crime in the Mexican city. Princess and Holland America quickly followed suit. Now the cruise industry’s giants are slated to meet this coming week to discuss Mexico’s ongoing violent crime problem and cruise line tourists being caught in the cross-fire of the Mexican drug wars.

Recently NCL and RCL have removed certain Mexican ports from their itineraries claiming lack of interest or health concerns. It seems now that the real problem has been crime. We applaud the cruise industry’s concern for passenger safety off the ship. It seems as though Mexico cannot bridle its crime problems and until they do, the cruise industry has decided to take its business elsewhere. Kudos!

It may not seem like much but the economic impact to these Mexican tourist ports and their surrounding areas will send a loud message to Mexican officials. Hopefully the message will be heard. Mexico has many beautiful sites and it’s a shame that the criminal element has to ruin the opportunity for the rest of the world to enjoy.

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Going on a cruise is advertised as the perfect way to relax and unwind. What could be better than being able to sit back and put away a few cocktails while your kids are off playing at the activity center? It sounds like there could be nothing more enjoyable or safe. However, statistics show that this is simply not true. In fact, one study found that the risk of being sexually assaulted on a cruise ship is higher than in most American cities -- and this goes for children too.

It's easy to get caught up in the excitement of a cruise and forget that there are real people on board with you. While most parents shudder to even think about letting their child walk a few blocks to the park by themselves, they let them run free over literally acres of space on cruise ships without a second thought. This gives predators a perfect opportunity to confront and abuse children without any supervision, and with very little risk of being caught. Perhaps this sounds alarmist, but if you consider that there were almost 300 incidents of sexual misconduct in a three year period on one cruise line alone, it takes on a little more reality.

And it's not just the other passengers that put you and your children at risk. Cruise ship crew members are rarely screened for past sexual misconduct, and many that have even multiple prior arrests are employed anyway. Consider the case aboard a Norwegian Cruise Line ship involving forner NCL Youth Activities Coordinator, Daniel J. Hanoian and a 12 year old girl. The 30-year-old Hanoian, had a long history of prior arrests, but was hired and put into a sensitive position with children, in which he proceeded to molest a 12-year-old girl. This is just one of many examples of cruise ship crew member misconduct that occurs, and is often covered up.

Unfortunately, victims are often left with few options after an attack. Cruise ship lines have a history of attempting to cover up attacks, and the possibility of compensation is slim. In one case, even after a 14-year-old boy was molested by a crew member, the most the cruise line would do was give the family 50 percent off their tickets. Though some attempts are being made on an individual basis to prevent assaults on cruises -- for instance, a judge in Illinois, rejected a known sexual predator's request  to take his wife on a cruise -- the situation remains bleak for victims, since cruise lines are not required to run background checks on cruise passengers. It is also not illegal for sexual predators, convicted or accused, to take cuises.

So the next time you start longing for a week in a deck chair with a fruity cocktail in your hand while the kids are off at play, unattended by a parent or trusted attendant,  you might want to think again. 
 

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In the past several year cruises have become a popular, affordable and a fun way to travel. It seems that you cannot watch television for a half hour without seeing at least one commercial for a cruise line.  In fact there are approximately two hundred (200) over night, ocean going cruise vessels world- wide averaging two-thousand (2,000) passengers and a crew of almost a thousand (1,000) crew members. In 2007 alone approximately twelve-million (12,000,000) passengers took cruises. Even with these numbers, vacationers fail to fully appreciate their potential vulnerability to crime even on the ship itself. Additionally, many passengers are victims of crime on foreign soil. The victims often do not know their legal rights or whom to contact for help in the immediate aftermath of a crime either at sea or on foreign soil. 

Recently passed, and waiting for the President’s signature, is H.R.1485.IH which is commonly referred to as the Cruise Vessel Security and Safety Act of 2009. This law is designed to fully inform all of the passengers of their rights if they become victims of crime while on a cruise. Additionally, it requires the vessel to have certain equipment and modifications which further ensure the safety of its passengers. The equipment and modifications include railings that are located on each deck that are not less than four and a half feet (4 ½) above the deck, the staterooms shall be equipped with entry doors that include peep holes, security latches and time sensitive key technology. Also, the cruise shall have restrictive access to passenger state rooms. Fire codes shall be implemented. The vessel shall integrate technology that can be used for detecting passengers who have fallen over board.     Also, the ship is to keep a log of all reported deaths, missing individuals and significant crimes alleged to be committed on the vessel including, but not limited to, complaints of theft, sexual harassment and assault. These log books will be made available upon request to the Federal Bureau of Investigation, the Coast Guard and any law enforcement officer in any jurisdiction. 

The ships shall also be equipped with rape kits and crime investigation tools. The cruise shall undergo crime investigation training and at least one (1) crew member aboard the vessel shall be certified as successfully completing a crime scene evidence and investigation course subscribed to by the F.B.I. They shall also be required to carry surveillance and keep all the recordings. These policies and procedures are subject to periodic review.

Until now all of the aforementioned requirements were strictly voluntary and implemented by the cruise line at their own election. This made it very difficult for passengers to report crimes and obtain appropriate follow up by law enforcement. This legislation makes it mandatory for the ships to carry certain safety equipment, employ personnel educated in crime scene investigation and over all improve the safety of the ship. Each passenger will be informed of their rights. It is the desired goal of this legislation to ensure the enhanced safety of the passengers and the ships. These changes will obviously instill a certain a certain peace of mind in each and every passenger. As cruising grows, so do the modifications and improvements to safety and the overall comfort and pleasure of each and every passenger. 

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A blog series from a maritime lawyer and boating enthusiast.

The Navigator explores various topics in the boating world; including safety issues and an in-depth look into the cruise industry. In this inaugural issue, I share my experience aboard Costa Atlantica by Costa cruise lines and provide essential tips on cruise safety and cruise etiquette.

 
The Ship

My family and I took a seven-day cruise aboard the Costa Atlantica sailing  out of Fort Lauderdale this past Spring. Our Itinerary included stops in St. Thomas, San Juan and Nassau. We are experienced cruisers and have been on many different cruise lines. This was our first time on Costa cruise lines. We were looking forward to this trip since we heard many good things about the accommodations, food, excursions and staff. We boarded the vessel in Fort Lauderdale at Port Everglades. This is a rather simple port and very sparse in its construction. However, it was a smooth transition and we boarded quickly without any wait.

Once aboard the vessel, we noted that the décor was clearly of Italian influence with ornate trim and sculptures. While the Atlantica is over ten years old, it was well kept, clean and neat. Traversing the ship was relatively easy even though there were few deck plans available in places that you would most expect them. They were noticeably absent near the stairwells and elevators. In spite of that, we found our way around the ship rather easily after our initial orientation.

We booked a balcony room and found it to be exactly what we expected, a double bed and two bunks with ample storage space for our clothes and luggage. The bathroom was of typical design with a shower, head (maritime term for toilet) and sink located in a singular room. The room was also outfitted with a television and small refrigerator stocked with a mini bar.  

A word of caution: Costa cruises, does not warn passengers on their website or in any other informational materials that smoking is allowed in the cabins. We are non-smokers and our son is hyper sensitive to cigarette smoke. Unfortunately, we were sandwiched between two rooms of heavy smokers. Our room smelled like a saloon most of the trip. We complained to the front desk several times, but guest services were not accommodating and unresponsive.

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The Louis Majesty of Louis Cruise Lines, carrying 1,350 passengers and 580 crew on board experienced a horrifying ordeal on Wednesday. A 26-foot wave crashed into the ship, smashing five windows in a public area.  Unfortunately, two male passengers (one German and one Italian) were killed and at least 14 others were injured on the ship traveling on a 12-night Western Mediterranean cruise from Barcelona that included Spain, Spain, Genoa and Italy. The cruise ship turned around and headed back to port in Barcelona after being struck by the wave.

The Louis Majesty was off the off the French port of Marseilles when it was hit by "abnormal" waves, some more than 26 feet (9 meters) high, cruise line according to spokesman Michael Maratheftis. The public areas on the ship affected by the large waves that broke five windows were the - the forward part, or bow, of the 14-deck ship, owned and operated by the Greece based, Louis Cruise Lines.

Weather is reportedly to blame for the cause of the high waves, since winds were 45 mph, according to Buoy data off the French coast.

Louis Cruise Lines flew all passengers home on Thursday from Barcelona courtesy of the Cruise Line. The luxury cruise line has canceled the next cruise. The Louis Majesty will remain in Barcelona for repairs. March 14th is the scheduled date for cruises to resume on this vessel.

Click on the following links to read more on the tragic cruise ship incident off the French port of Marseilles:

Giant waves hit cruise ship; 2 passengers killed
Passenger describes 'terrifying' ordeal as giant waves hit cruise ship
Two killed, 14 injured as massive waves hit cruise ship off France
Passenger on cruise ship: Wave ordeal terrifying

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