Cruise Vessel Security and Safety Act of 2009

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. 

  

Man charged with manslaughter for fatal boat crash near statue of liberty

boating accidentIntoxication while operating a boat is never acceptable under any circumstances. On Friday two boaters on separate water crafts went out for an early Fourth of July celebration. Unfortunately for 30-year old Puthuvamkunnath, he will never get this opportunity again. He was killed after a 30-foot boat rammed into his 17-foot boat that was anchored off Liberty Island in New York

Drinking and taking drugs while operating a boat can be a deadly combination in the water, especially if one is intoxicated. On Friday evening, Aquilone’s judgment was impaired due to drinking while operating his 30-foot boat and as a result, caused a fatal boat crash with a 17-foot boat carrying 30-year old Puthuvamkunnath and his friends.

The police arrested 39 year old Aquilone and charged with him with manslaughter. According to reports Aquiline was operating the vessel under the influence of alcohol and drugs while his wife and two small children were on board.

According to the police, Puthuvamkunnath was taken to Jersey City Medical Center with his two friends and was pronounced dead due to head injuries. The two friends were treated for minor injuries and was released from the hospital.
 
Click on the following link to read more on the fatal boating crash near the statue of liberty. - CBS News

City is not liable for failing to check user skills before fatal jet ski crash

Jet skiThe Appellate court ruled that a shore town's law requiring personal watercraft operators to complete an approved boat safety course does not hold a city liable in the death of Jet ski User.

In the wrongful death action on behalf of a 16-year-old girl who perished when her Jet Ski hit an Ocean City, N.J., dock, the appeals court upheld the dismissal of the suit.

One would have thought that the wrongful death suit was a slam dunk for negligent supervision. The attendant for the city's boat ramp did not check whether the 16 year old Jet Ski User had the necessary skills before the ski launch. The court ruled that the Torts Claims Act, at N.J.S.A. 59:2-4, provides immunity for the city. Sadly, the appellate court sided with the trial judge that the facts in the case before the court did not support a negligent-supervision claim under another section of the act, 59:3-11.

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Do we feel bad for BP or the victims of the Deep Horizon Oil Spill?

Brian LaBovick

BP is being asked to establish a $20 billion fund to provide relief for the victims of the oil disaster!  Can you believe it?  $20 Billion!  That is about one tenth of the damages they have caused.  That is only one year of profit for the company.  They can pay $20 Billion like I am able to pay $20.00. 

Then to make matters so much worse, today when BP CEO Tony Hayward testified to Congress there were actually US Representatives who felt BAD FOR BP! That is correct, BAD FOR BP!  They thought that $20 Billion dollars was not fair.  They felt that the BP should not be “FLEECED” into paying for unnecessary damages! 

I am not gonna eat Tuna Fish for the rest of my life because this company lied about their ability to handle this disaster and somehow, now that they have caused one of the greatest man made disasters in the history of the world, our own legislators FEEL BAD FOR BP? Thousands of businesses and families will forever struggle to put their lives back together because their ways of making a living has been TAKEN AWAY FROM THEM.  How do you tell someone that has supported their families with a particular industry that "you may never be able to do this again" because of the damage the oil has caused to the waters? What does the business owner tell their employees when they can no longer pay them because the oil spill has destroyed the industry as they know it and they can't support their customers?

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Florida Beaches are threatened as Deepwater Horizon Oil Spill travels despite new cap move

BP Deepwater Horizon Oil Boom

The Florida Pan Handle beaches are threatened as the BP oil slick moves closer. The latest attempt to control the seafloor gusher is risky. Even if it works, the current mission to cut a major pipe and cap it would not stop the oil flow. If it fails, it could make the Deepwater Horizon oil spill even worse. The new maneuver, called a top kill, failed Saturday, when engineers were unable to plug it with heavy mud. A permanent fix is not expected until August. 

Investors are not giving the Oil Giant BP a second chance, as the BP stock declined a second day after reactions to the top kill failure and the Justice Department's announcement of  criminal and civil probes into the spill, although no specific targets for prosecution were named.

Since the Oil Spill Started after the April 20th explosion, BP has lost $75 billion in market value and are expected to lose billions as the damage claims escalate. There are no sympathies for this corporation. The impact and the devastation on the lives and environment that this oil spill tragedy has caused is heart breaking.  

Officials in Florida, officials confirmed an oil sheen about nine miles from Pensacola beach, where the summer tourism season was just getting started. Emergency crews scoured the beaches for oil and shoring up miles of boom. County officials will try and block oil from reaching inland waterways but plan to leave beaches unprotected because they are too difficult to protect and easier to clean up.

According to Keith Wilkins, deputy chief of neighborhood and community services for Escambia County "It's inevitable that we will see it on the beaches,"

The oil has been spreading in the Gulf since the Deepwater Horizon rig exploded on April 20th,  killing 11 workers and eventually sinking. BP, the largest oil and gas producer in the Gulf operated the rig. 

Click on the following link to read more from the Associated Press  - Oil nears Fla. beaches as BP tries risky cap move
 

The Navigator: Aboard the Costa Atlantica with an experienced cruiser

A blog series from a maritime lawyer and boating enthusiast.

Mark R. Hanson, Esq.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 Costa Atlantica 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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Greek Cruis Ship sinks

The sad news of a sinking Greek cruise ship owned by Louis Cruise Lines caught everyone by surprise.  It is hard to believe that a ship, with over $26 million in refurbishments, could sink with modern day technology.

Click here to read more about this modern day sinking cruise vessel: Sea Diamond