Cruise Ship Lawyer Blog

According to Seattletimes.com, incidents such as fires, loss of power and others on board cruise ships are common place and often are not reported. In fact, many incidents are not reported at all because although many cruise lines operate from ports in the United States, their ships are registered in other countries, putting them outside U.S. jurisdiction.

Moreover, while these cruise lines are obligated to report crimes committed on board to the F.B.I., they only report incidents like fires, power loss or evacuations to the Coast Guard in the ports they operate from. In other words, there is no comprehensive database of all significant incidents that occur on board a cruise ship or a cruise line.

Yet, for the last couple of decades one person has tried to keep a somewhat comprehensive database about most of the incidents relevant to safety that take place on a cruise ship. Ross A. Klein, a Canadian/American Professor of Sociology at Memorial University in Newfoundland, Canada has been a cruise enthusiast all his life, spending more than 300 hours at sea between 1992 and 2002. At some point he noted that there was a difference between his observations and the statements made by the cruise industry about environmental and labor issues, so he decided to start compiling data on all kind of cruise related issues.

Now Professor Klein is considered an authority on cruise ship safety and regularly testifies before Congress about the cruise line industry. His website, CruiseJunkie.com, is perhaps the most comprehensive database to date of fires, sunken ships, collisions and other events at sea. Professor Klein gathers the information for his website from news reports and other sources such as crew members and passengers.

However, there are some limits to Professor Klein's database: most of the information he receives is from events that happen at cruises in North America and Europe because his sources are English speakers and English-language news organizations. This makes it unlikely that he will receive much information from events happening in Asia, Africa and South America.

Typical Events Reported

Among the events typically reported by Professor Klein are:

• Adrift at Sea: Ships left adrift at sea by loss of power are common incidents. Professor Klein has logged dozens such events over the last two decades. Fortunately, most of these situations last only a few hours, thou there have been cases including the recent power loss of the "Triumph" from Carnival Cruise Lines that have gone on for days. Last February a fire in the engine room shut down the 14-year-old ship's power, propulsion, sewage and air-conditioning systems, leaving over 4,000 passengers adrift for days in the Gulf of Mexico with little food and raw sewage overflowing into the ship's walls and carpets...
• Evacuations: Although not frequent (according to Professor Klein's numbers they happen approximately three or four times a year) when they do happen, they are carried out in an safe way and rarely end with the passengers actually abandoning the ship.
• Fires on Board: Unfortunately, fires on board cruise ships are not infrequent. Professor Klein has recorded approximately 79 fires on cruises between 1990 and 2011. Until 2006 there were about three to four fires reported every year. From 2006 on there has been an increase in the number of reported fires to seven or eight a year, not only because the incidents themselves have increased (which they have because the industry itself has grown,) but due to social media, which makes it easier to report cases.
• Non-Functioning Toilets: The problem is more common than usually thought because cruise ships use a vacuum system that gets easily clogged when someone (especially in the upper decks) flushes down the toilet anything other than human waste or toilet paper. When this happens, all the pipes from the top to the bottom (including some cabins across) get clogged and toilets overflow.
• Running Aground: Fortunately, cruise ships run aground more often than they sink. Again, according to statistics gathered by Professor Klein, 99 cruise ships have run aground in the last 32 years. Of course, ships can run aground and sink too, as it happened to the "Costa Concordia" on February of 2012.
• Sinking: Sixteen ships have sunk in the last 32 years. Of course, the disaster of the "Costa Concordia" is still fresh in everyone's mind. Yet, the worst sinking incident during that period was that of the "Estonia", a cruise ship that sank in the Baltic Sea in 1994, killing more than 800 people.

Dangers to Cruise Ship Passengers

There are many different activities for passengers to enjoy while on a cruise. Unfortunately, some of these activities can be dangerous, especially when using faulty equipment. When planning how to spend their time at the various ports of call, passengers often decide to book excursions with local excursion companies instead of booking them through the ship. While the excursions booked with the ship are usually more expensive, they are also usually safer, primarily because the cruise line is supposed to make sure that their operators maintain higher safety standards, since the cruise line itself may end up facing liability for any injury suffered by a passenger that booked the excursion thru the ship.

Following are some of the activities enjoyed by passengers while on land:

1. Surfing
2. Scuba diving or snorkeling
3. Parasailing
4. Boating
5. Jet skiing
6. Hiking
7. ZIP lining
8. Excursions on bicycles, on motorbikes or on 4X4 vehicles like Jeeps, etc.

Continue reading "Incidents Onboard Cruise Ships Are Common" »

Gadling reported on February 6, 2012 that two cruise ships which arrived in Florida and one in New Orleans brought back nearly 700 sick passengers to shore over the weekend. The report indicated that Norovirus, which causes vomiting and diarrhea, hit passengers and crew causing hundreds to become ill. If these breakouts are a result of the ship owner's negligence, can the passengers recover damages for the illnesses contracted?

As a preliminary matter, it is necessary to state that ship owners owe a duty of care to all of the passengers on board. This general rule regarding ship owners was adopted by the United States Supreme Court in the case of Kermarec v. Compagnie Generale, 358 U.S. 625 (1959). The United States Supreme court clearly explained in said case that "it is a settled principle of maritime law that a shipowner owes the duty of exercising reasonable care towards those lawfully aboard the vessel who are not members of the crew. Having exposed the general rule of liability, we next need to determine whether ship owners can limit their liability by including a "limitation-of-liability" clause in their ticket.

Cruise Ship Ticket Typical Limitation-of-Liability Clause

Most cruise ship tickets incorporate a "limitation-of-liability" clause which stipulates that in the event of an accident, the cruise ship's liability will be limited to a certain sum. Most of the time these clauses are included in the fine print of the ticket and passengers are not aware of these limitation of liability clauses. Under these circumstances, are these clauses enforceable against passengers in the event of a major breakout as it was the case in the three cruise ships reported above? This very same issue was recently brought before the United States District Court for the Southern District of Florida in the case of Wajnstat v. Oceania Cruises, Inc., 684 F.3d 1153, 23 Fla. L. Weekly Fed. C 1211 (11th Cir., 2012)

Felix Wajnstat and his wife booked a cruise on a ship owned by Oceania, which would depart from Istanbul, Turkey, stop at various Black Sea ports, and then end in Athens, Greece. During that cruise, Wajnstat became ill and sought medical attention from the ship's doctor. He was eventually evacuated to Sevastopol, Ukraine, where he underwent three surgeries and allegedly received substandard care.

Wajnstat filed a lawsuit in federal district court before the United States District Court for the Southern District of Florida and claimed that Oceania negligently hired, retained, and supervised the ship's doctor. Oceania answered that its liability to Wajnstat, if any, was limited by the limitation-of-liability provision in the ticket contract which made reference to various treatises and statutes.

The district court concluded that the limitation of liability provision was not reasonably communicative because it was confusing and because it required the passengers to parse through various treaties and statutes to determine the limits of Oceania's liability. An appeal from this decision was eventually dismissed by the United States 11th Circuit Court of Appeals for lack of jurisdiction.

Not So Fast

When these viral breakouts occur in cruise ships, passengers are routinely contacted by cruise ship patrons offering them a free cruise ship in the future for their inconvenience. These patrons often refer to the limitation of liability clauses incorporated in the tickets to persuade the passengers in accepting the free ticket as compensation for their damages. Before accepting such an offer, sick passengers should confer with an attorney as they may be entitled to more rights than a simple free ticket in the future.

Continue reading "Are Limitation-of-Liability Provisions in Cruise Ticket Contract Unenforceable?" »

Yahoo News reported that "Authorities were conducting an air and marine search Thursday off Australia's east coast for two cruise passengers who were believed to have fallen overboard" the Carnival Spirit the night before. The search was called off on Friday.

Apparently, surveillance camera footage showed that the young couple fell from the ship's mid deck Wednesday night, when the ship off the coast of Forster, Australia. According to the Yahoo News report, "the couple had been among 2,680 passengers on a South Pacific cruise. They were discovered missing as passengers disembarked, said Peter Taylor, spokesman for the ship's operator, Carnival Cruise Lines."

Passengers Falling Overboard: Not an Uncommon Occurrence

This latest's incident is just one in the many accidents that the Miami-based parent corporation, Carnival Corp., has had to deal in the past couple of years. Just over a year ago, the Costa Concordia sunk off the coast of Italy, killing 32 people. Also last year, the Costa Allegra caught fire and lost power in the Indian Ocean, leaving passengers without working toilets, running water or air conditioning for three days. Other Carnival cruises have had major issues where power was lost during this past year.

In response to these tragic accidents, the Cruise Lines International Association, a group of 26 major cruise lines, put together ten new safety rules to prevent similar accidents in the future. One of these rules required that the nationality of each passenger on a cruise ship be recorded and made readily available to search-and-rescue staff as appropriate. This latest rule was immediately applied in the Carnival Spirit incident and assisted investigators in determining that the missing passengers were from New South Wales. However, this new rule was of no help in finding the missing bodies.

A long investigation will now follow this tragedy in order to determine why these two passengers fell off the ship and so many answers will have to be answered. Was the fall voluntary or involuntary? Did the young couple try to take their lives? Was foul play involved and the bodies simply thrown overboard? Did the couple simply slip off the ship due to faulty ship conditions such as wet floors?

In order to obtain answers to these questions the rescue/recovery team will first try to find the bodies of the missing couple in order to determine if these individuals died before falling overboard. They will also have to interrogate passengers and family members in order to find clues as to whether the couple decided to take their lives. Finally, the investigators will have to obtain and review more camera footage in order to determine whether faulty conditions of the cruise ship itself was the reason why this couple fell overboard. Depending on this investigation, Carnival, Corp. may or may not be subject to yet another negligence lawsuit.

Falling Overboard Not The Only Hazard on Cruise Ship

Passengers disappearing at sea, a sinking ship or a ship that has catches fire is not the only reason passengers get injured or lose their lives on cruise ship. All types of accidents happen during cruise vacations, both on the ship and while on land. While on the ship, passengers have slipped and fallen on wet floors or damaged carpets. Passengers have contracted viruses due to poorly sanitized ship conditions. While participating in land based activities, passengers have suffered injuries when:

1. Surfing
2. Scuba diving or snorkeling
3. Parasailing
4. Boating
5. Jet skiing
6. Hiking
7. ZIP lining
8. Excursions on bicycles, on motorbikes or on 4X4 vehicles like Jeeps, etc.

Continue reading "Cruise Ship Liability When a Passenger Falls Overboard" »

It has been a year since the Costa Concordia disaster. The cruise ship is still lying on its side, half submerged, off the coast of the Italian Island of Giglio. According to popularmecanics.com, the $400 million salvage job, said to be the largest of its kind in maritime history, has been hampered by rough weather and technical difficulties, pushing the plan to re-float the ship from this spring to September of this year. Two companies are working together on this salvage operation: Florida's Titan and its Italian partner, Micoperi. The two companies plan is to tow the wreck to a shipyard where its owners plan to dismantle it.

Touristic Attraction

The scene of the tragedy where 32 people lost their lives has itself become a touristic attraction, one that almost led to tragedy recently as a group of thrill-seeking tourists had to be rescued when their dinghy almost sunk in the cold waters. Even commercial pilots flying overhead routinely point it out to their passengers. The wreckage has been photographed from space.

Legal Process Continues

The legal process in Italy continues at a very slow pace. The Concordia's Captain, Francesco Schettino may go on trial later this year together with seven other officers and crew members. The most important development in the legal process is that the Italian authorities said earlier this week, that they would charge the cruise ship's owner, Costa Crociere, with gross negligence. This new development might have important consequences for Costa Crociere's corporate parent, Miami based Carnival Cruise Lines.

Another important development is that the United States Coast Guard and the United States National Transportation Safety Board are joining the investigation. However, since the criminal process precedes the civil lawsuits, the full evidence (including the black box recordings) have yet to be fully investigated and disclosed in the civil cases. Until then, the real cause of the accident will not be known.

New Safety Rules

The Cruise Lines International Association, which is a group of 26 major cruise lines, has announced throughout the year the implementation of a series of new safety rules, which ended up being put together into ten new rules:

1. Bridge access: Access to a ship's bridge will be limited to crew with operational functions during any period of restricted maneuvering or when increased vigilance is required to minimize unnecessary disruptions and distractions.
2. Consistent bridge procedures: Cruise operators must implement consistent operating procedures on the bridge among ships of different brands owned by the same company
3. Passage planning: All bridge team members must be briefed on passage planning in advance of implementation, and the plan should be drafted by a designated officer and approved by the captain.
4. Passenger nationality: This policy requires that the nationality of each passenger on a cruise ship be recorded and made readily available to search-and-rescue staff as appropriate.
5. Passenger muster: Cruise lines are required to conduct emergency muster drills for embarking passengers before ships leave port, which exceeds the previous requirement of within 24 hours of departure.
6. Musters and emergency instructions: Member cruise lines agreed on 12 common elements that'll be communicated to passengers in musters and emergency instructions, including a description of key safety systems and features, location of life jackets and how to recognize emergency exits.
7. Lifeboat loading training: Crew with responsibility for lifeboats on a large oceangoing ship must practice loading and maneuvering at least one full vessel every six months.
8. Location of life jackets: Requires life jackets to be stowed near muster stations or lifeboats so they are easily accessible if there's an emergency.
9. Excess life jackets: Cruise ships will carry additional adult life jackets, making sure the number is never less than the number of passengers aboard.
10. Securing equipment: Cruise lines must put in place procedures to secure heavy items such as pianos, treadmills or televisions at all times, either permanently, when not being used or in case of bad weather, to avoid injury.

The International Maritime Organization is considering whether to make these new rules mandatory for all cruise ships.

A Sinking Ship Is Not The Only Danger Faced When Cruising

A sinking ship is not the only danger faced by cruise ship passengers. For example, passengers can also get injured when they slip on a wet floor or trip on a damaged carpet and fall. All kinds of accidents happen during cruise vacations, both on and off the ship. Passengers have suffered injuries while involved in any one of the following land based activities:

1. Surfing
2. Scuba diving or snorkeling
3. Parasailing
4. Boating
5. Jet skiing
6. Hiking
7. ZIP lining
8. Excursions on bicycles, on motorbikes or on 4X4 vehicles like Jeeps, etc.

Continue reading "Costa Concordia: One Year Later..." »

According to standard.co.uk, a bus carrying 26 passengers due to catch a cruise ship out of Southampton, U.K. overturned on the M3 motorway when the driver lost control of the bus. As a result, seven people suffered minor injuries and one suffered a broken bone that had to be treated at a local hospital.

Onshore Accidents Not Uncommon

Accidents involving cruise ship passengers while on land are not uncommon. Whether they happen before the passengers board the ship (as it seems to be the case here) or at one of the several ports where these cruise ships call, accidents typically befall passengers while they are engaged in any of the following onshore activities:

1. Surfing
2. Scuba diving or snorkeling
3. Parasailing
4. Boating
5. Jet skiing
6. Hiking
7. ZIP lining
8. Excursions on bicycles, on motorbikes or on 4X4 vehicles like Jeeps, etc.

Of course, as in this case, passengers also suffer accidents while on the road to or from the ship. For example, we recently posted about an accident somewhat similar to this one, where thirty-six passengers from Royal Caribbean's "Freedom of the Seas" who were on their way to take a tree top course and zip line adventure in St. Martin, suffered an accident when their tour bus overturned and ended on the ditch by the side of the road after the driver lost control of the vehicle. Six passengers and the bus driver had to be taken to local hospitals with minor injuries and only one broken bone, in that case a broken wrist.

Book Onshore Activities With Ship

Passengers often chose to book their onshore activities directly with local providers and not to book them with the cruise ship in order to save a few dollars. While it is true that similar activities booked thru the ship tend to be more expensive, passengers need to understand that the reason for this is not necessarily the ship or the provider's greed. Local vendors that offer their services independently from the ship are typically subject to the island's safety regulations, if any exist. This means, for example, that a local vendor providing parasailing trips may not have to change its harnesses (or keep them in as good a shape) as one that receives customers sent to him by the ship because since the cruise line is liable for any accident that occurs to the passenger while parasailing, it will ensure that the local provider's equipment is kept in optimum condition.

Case in point, in May of last year a passenger from Carnival Cruise Lines' "Carnival Sensation" was killed in a jet ski accident. She had rented the jet ski from an independently owned and operated Bahamian Tour operator. This operator claimed that it was dully licensed by the Bahamian Port Authority and that it always operated within the law. However, a subsequent investigation showed that the beach were the accident occurred had been ordered closed earlier that same day by authorities due to bad weather and although a warning had gone out to all tour operators about the beach being closed to all water sport activities, this particular operator chose to ignore the law...A ship sponsored operator is less likely to incur in this kind of behavior because it could mean losing its business association with (and thus, its steady source of income from) the cruise line, should the cruise line find out about these activities.

Continue reading "Bus Carrying Cruise Passengers Overturns" »

Almost a year after the sinking of the Costa Concordia off the coast of the Italian island of Giglio, the memories of that tragic night still haunt a family from Duanesburg, New York.

Chaos Aboard Sinking Ship

The massive cruise liner sunk after its captain ordered a "salute" to the island of Giglio. A "salute" is an Italian maritime tradition that seems to consist of traveling full speed toward land just to turn about a quarter of a mile offshore and navigate parallel to the coast. However, it appears now that the Costa Concordia was out of position and actually closer to land than its captain, Francesco Schettino, thought it was, when he ordered the stunt.

Consequently, the cruise ship hit the rocky bottom, opening a huge hole on its side that made it list until it sunk, resting on its side off the shore of Giglio. As a result, 32 passengers and crew members lost their lives. Captain Schettino is awaiting trial, charged with manslaughter, abandoning ship before everyone had been evacuated and refusing to go back on the ship after being ordered to do so by the Italian coast guard.

According to timesunion.com, members of the Duanesburg family still remember the chaos on board the sinking ship that night. They remember how confusing orders were given in five different languages (first in Italian, then in Spanish, English, German and French), but none could be heard or understood because of the noise and chaos onboard.

Family Testified Before Congress

The Duanesburg family, wife Joan Fleser, husband Brian Aho and daughter Alana still remember what it felt like to see the sinking ship lean over their tiny lifeboat as they were trying to make it to shore on the Island of Giglio. Once onshore, a local family welcomed them into their home.

The Duanesburg couple is still concerned that the cruise line industry has not done enough to improve safety onboard its ships, despite new rules announced in the wake to the "Costa Concordia" disaster. In March the family attended congressional hearings on cruise safety in Washington, D.C. and were very upset to see that the House Committee was filled with representatives from cruise states who were, obviously, very pro-cruise industry.

Some experts agree with the Duanesburg family, despite the Cruise Line International Association adopting new safety policies such as:

• Standardizing instructions given to passengers during muster drills;


• Standardizing procedures on ship bridges within each cruise line;


• Providing guidance on lifeboat loading for crew training;


• Urging cruise ship owners to assure course changes are consistent with company policies;


• Requiring ships to secure heavy objects like pianos and treadmills; and


• Requiring new ships to store life jackets near lifeboats.

For example, Captain Bill Doherty, Director of Maritime Affairs for Nexus Consulting Group, a security firm based in Virginia says he does not see the need for new enforcement or stiffer regulations. Mr. Doherty, who used to be a safety manager with Norwegian Cruise Lines, says that "ships don't need more regulations; they need to do what is already required."

Continue reading "Cruise Ship Sinking: A Family's Nightmare" »

According to sun-sentinel.com, the Cruise Lines International Association has adopted the following new safety rules in the wake of the "Costa Concordia" disaster off the coast of Italy:

1. Passenger muster: Cruise lines are required to conduct emergency muster drills for embarking passengers before ships leave ports, which exceeds the previous requirement of within 24 hours of departure.
2. Passage planning: All bridge team members must be briefed on passage planning in advance of implementation, and the plan should be drafted by a designated officer and approved by the captain.
3. Bridge access: Access to a ship's bridge will be limited to crew with operational functions during any period of restricted maneuvering or when increased vigilance is required to minimize unnecessary disruptions and distractions.
4. Excess life jackets: Cruise ships will carry additional adult life jackets, making sure the number is never less than the number of passengers aboard.
5. Passenger nationality: This policy requires that the nationality of each passenger on a cruise ship be recorded and made readily available to search-and-rescue staff as appropriate.
6. Musters and emergency instructions: Member cruise lines agreed on 12 common elements that'll be communicated to passengers in musters and emergency instructions, including a description of key safety systems and features, location of life jackets and how to recognize emergency exits.
7. Lifeboat loading training: Crew with responsibility for lifeboats on a large oceangoing ship must practice loading and maneuvering at least one full vessel every six months.
8. Consistent bridge procedures: Cruise operators must implement consistent operating procedures on the bridge among ships of different brands owned by the same company
9. Location of life jackets: Requires life jackets to be stowed near muster stations or lifeboats so they are easily accessible if there's an emergency.
10. Securing equipment: Cruise lines must put in place procedures to secure heavy items such as pianos, treadmills or televisions at all times, either permanently, when not being used or in case of bad weather, to avoid injury.

Costa Concordia Will Be Raised Soon

Recent reports claim that the "Costa Concordia", the ship that initiated all these changes, will soon be raised out of its watery grave sometime around March or April of 2013 by Titan Salvage, a Pompano Beach, Florida, based company, working together with Micoperi, an Italian based company.

Continue reading "New Safety Policies of Cruise Lines International Association" »

The captain of the doomed "Costa Concordia" defended his actions in an interview with Bob McKeown of the Fifth Estate last Friday. According to cbc.ca.com, Captain Francesco Schettino stated he has been unfairly blamed for both the shipwreck that cost the lives of 32 people and for appearing to abandon the ship before everyone had been evacuated.

It's Not A Crime, It's An Accident

Moreover, the ship's Captain stated: ""It's not a crime, it's an accident," "And there is a difference between crime and accident. In this case, it's being treated like a crime, and I don't understand why."

Captain Schettino continued saying that the ship was not on the course he had ordered and that he believes it was an error by the helmsman that contributed to the problem. The evidence from the ship's "black box," he continued, supported the preceding contention. He had ordered a sail-past salute (which is an old Italian maritime tradition that consists in sailing close by land) to the island of Giglio on the evening of January 13th, 2012, which meant having the ship travel parallel to the island's shore at a distance of about one- half a nautical mile. However, once he arrived on the bridge to command the salute and took control, he saw foam on the water and realized the ship was in shallow water and had in fact been heading at full speed toward the rocks. He immediately ordered a turn to port (to the left), but apparently the opposite happened. Soon thereafter, the ship struck rocks in the shallow waters and a 35 meter gash opened in the hull below the waterline, causing the ship to capsize and sink onto the rocks.

Accidentally Slid Off The Ship Onto Lifeboat

The captain stated during the interview that he delayed ordering the evacuation of passengers because he did not want to create a panic situation. He also claimed to have had the expectation that they would be safer if closer to shore, where they could be rescued. Captain Schettino continued saying that one only orders an evacuation once it's realized that it would be more dangerous to keep the passengers on board. However, he claims, with the ship still in motion toward deeper water, it would have been dangerous to man the lifeboats.

Finally, Captain Schettino stated that while coordinating the evacuation of the ship, he "accidentally slid off the side of the listing ship onto a lifeboat." The passengers on the submerged side were already off and the problem was getting those on the high side off. However, the captain states, he and his crew-members were at risk of being crushed by the still listing ship, so they had "no choice but to go: otherwise they would have died."

Continue reading "Captain Of Costa Concordia Defends His Actions in Interview" »

In a attempt to avoid and/or minimize disasters on cruise ships, such as the Costa Concordia earlier this year, telegraph.co.uk reports that the cruise line industry has adopted new safety rules.

In fact, the industry has adopted three new rules. The first rule has to do with the storing of lifejackets. A few months ago, almost immediately after the sinking of the Costa Concordia off the coast of the Island of Giglio, the industry announced that ocean going cruise ships would carry additional lifejackets, so as to many more kifejackets then the number of passengers. Now, the rule has been expanded to include a requirement that newly constructed vessels must also carry extra lifejackets in areas close to muster stations or near to where the lifeboats are located.

The second rule establishes that all heavy objects on board a cruise ship must be secured when not in use or while the ship encounters heavy weather. This is being mandated to avoid something heavy falling and injuring someone.

The third rule requires that all the staff on a cruise ship establish a "consistent bridge procedure" that "improves communication." The purpose of this rule is to create uniformity, as staff is often rotated amongst different vessels in a cruise line.

Ten New Policies So Far

These three policy changes now make a total of ten new policies that the cruise industry has adopted in the wake of the Concordia disaster in January. Others safety changes include that safety briefings be given to passengers prior to departure; a greater responsibility shared between crew members; stricter restrictions on visits to the bridge; and a requirement that the nationalities of all passengers be recorded.

Continue reading "New Safety Rules Adopted By Cruise Industry" »

Visiting the beautiful ports where a ship is scheduled to stop on a cruise vacation is an important part of cruising. Exotic locations with friendly people greet you every other day and the beaches are not the only attraction. Vacationers engage in a myriad of onshore activities:

• Surfing
• Scuba diving or snorkeling
• Parasailing
• Boating
• Jet skiing
• Hiking
• ZIP lining
• Excursions on bicycles, on motorbikes, dune buggies or on 4X4 vehicles like Jeeps, etc.

Unfortunately, passengers often suffer accidents while engaged in these onshore excursions. According to dailymail.co.uk, this is exactly what happened to a couple from Florida that died tragically in a dune buggy accident in Cozumel while taking a Mexico bound Royal Caribbean Cruise. Jim Melillo and Susan Borges went on a shore excursion to explore the island of Cozumel when their cruise ship, the "Liberty of the Seas", docked.

Once onshore, they decided to rent a dune buggy and share it with another couple, Wagner Ferreira, the friend who would be driving the buggy at the time of the accident, and his wife, Liz Ferreira. The group was formed by more than two dozen of their friends and would explore the island as part of a more than six hour tour.

The driver, Wagner Ferreira, was initially held in jail by the police as part of their investigation, but has since been freed and returned to Florida. No charges were filed against him.

Poor Safety Equipment

Group members noticed the poor safety condition of the buggies, many without safety belts, but rented and rode them anyway. The excursion was booked by a private company and was not sponsored by the cruise line. This may free Royal Caribbean from liability for the accident.

Passengers often decide to forego booking similar excursions with the ship, just to fall prey to onshore operators subject to the very lax safety rules common to these touristic destinations. While the excursions booked with the ship are usually more expensive, they are also usually safer, just because the cruise line makes sure that the operators they use maintain higher safety standards. This is because the cruise line itself may end up facing liability for any accident that befalls a passenger that booked the excursion with the ship. And this is where we may be able to help an injured passenger or the family of one who lost his or her life.

Continue reading "Orlando Couple Die in Dune Buggy Accident on Mexico Cruise" »

According to nbcnews.com, the testimony of experts during the recent hearings on the "Costa Concordia" disaster showed that equipment aboard the luxury liner may not have been functioning correctly at the time of the accident that cost the lives of 32 people.

Broken Radar?

The list of deficient equipment on board the ship is long and some of the items there are relevant enough to the accident so as to raise concerns about how much their malfunction could have contributed to the accident. For example, reports mention lights that did not work during the disaster and possibly radar equipment that had either been turned off or broken. While it is not clear what lights these reports are referring to, it is doubtful that a malfunctioning light could have had a significant impact as a contributing cause for the accident. However, radar is definitively a piece of equipment essential to the safe navigation of the vessel, especially at night...

Captain Talks to Survivors

Captain Francesco Schettino was seen talking to two German survivors of the disaster during a break in the hearings and allegedly told them that his actions had "saved their lives and those of many other passengers."

The hearings are intended to help the judge decide whether Schettino should stand trial for the crimes he stands accused of: manslaughter, causing the shipwreck and abandoning the ship while passengers and crew were still aboard.

Thieves Raid Costa Concordia

Additionally, news from the island of Giglio, where the Costa Concordia still lays on her side awaiting salvage, talk about thieves breaking into the ship and stealing paintings, furniture and other luxury goods. Apparently, the crooks used entry holes and ropes left there by search and rescue crews.

Passengers Get Injured In Many Ways

A sinking ship is not the only way cruise ship passengers get injured on board a cruise ship. They often get injured as a result of their participation in the following land-based activities:

1. Fire
2. Slip and Fall
3. Food poisoning
4. Assaults by other passengers or a crew member
5. Accidents while diving, surfing, boating, parasailing, jet skiing, hiking, ZIP lining or while on excursions on bicycles, motorbikes or 4X4 vehicles like Jeeps, etc.

Continue reading "Equipment on Costa Concordia May Not Have Been Working At Time Of Accident" »

Francesco Schettino, the captain of the Costa Crociere cruise liner "Costa Concordia" that capsized early this year off the coast of the Island of Giglio, Italy, has finally apologized to his victims and their relatives at a hearing held last Monday.

Admission of Some Fault

According to reuters.com, although Captain Schettino admitted to making some mistakes, he has accused the ship owners of mishandling the response and has said that he is suing Costa Crociere, a unit of Miami based Carnival Corporation, for unfair dismissal.

Throughout Monday's hearing, Schettino's lawyers stressed that the "real pattern of responsibility is starting to emerge", referring to how, for example, his orders to an Indonesian helmsman to avoid the rocks off Giglio had been misunderstood. The attorneys say that the report recently issued by court appointed experts, opines that Schettino's orders may not have been carried out correctly and that the accident may have been avoided had they been.

Late Apology

Captain Schettino apologized to two German survivors who attended the hearing. The captain also talked to Luciano Castro, an Italian survivor in attendance, who said that Schettino looked embarrassed when he shook his hand. Mr. Castro also said that when he told Schettino that he hoped that the truth would be established soon, the captain responded: "Yes, it needs to be established soon".

Corporate Fault

Lawyers representing the victims are stressing that the blame for the accident goes well beyond one individual. In fact, on Monday the court heard evidence that the maps used on the ship were not adequate; that the vessel came too close to shore at too high a speed; and that the crew was not properly prepared for the evacuation, all things that may be evidence of corporate negligence.

Continue reading "Costa Concordia Captain Finally Apologizes to Victims" »

Francesco Schettino, the disgraced captain of the "Costa Concordia", the cruise ship that ran aground and capsized off the Italian coast last January killing 32 people attended a hearing yesterday to hear the evidence against him. According to sgvtribune.com, although it was a closed-door hearing, the victims and the families of those who perished were allowed in the theater that had to be turned into a courtroom to accommodate all those who had a right to be there.

Captain Schettino has defended his actions by saying that when he guided the stricken ship into shallower waters near the port of Island of Giglio, he in fact saved lives. He has also claimed that another officer was at the helm at the time of the accident, despite the fact that the timeline in the experts' report clearly shows that he had assumed command six minutes prior to the ship sticking the reef.

Who Else Is To Blame?

As discussed in our last post, experts appointed by the Italian court have issued a 270-page report of their findings. Their report is based on an analysis of data recorders, ship communications equipment, testimony and other evidence. Although these experts placed much of the blame for the accident on Captain Schettino, they also found that others were to blame. In fact, there is evidence against eight other crewmembers and officials from the company that owns the ship, Costa Crociere SpA, a subsidiary of Miami based, Carnival Corporation.

Victims' Lawyers Also Blame Shipowners

Attorneys for the victims have emphasized that many of the problems related in the experts' report place the blame at the corporate level. For example, Peter Ronai, a lawyer for the family of a Hungarian violinist who according to survivors gave his life vest to a child before perishing himself, has stated that: "The reason people died was not the captain alone, there was no reason for anyone to die." He subsequently added that: "the reason people died was because the corporation was negligent in practices and safety procedures."

In fact, passengers have repeatedly described a chaotic and delayed evacuation, with crewmembers giving contradictory orders, some not understanding Italian and without current safety and evacuation certifications.

Passengers Get Injured In Many Ways

A sinking ship is not the only way cruise ship passengers get injured on board a cruise ship. They often get injured as a result of their participation in the following land-based activities:

1. Fire
2. Slip and Falls
3. Food poisoning
4. Assaults by other passengers or a crewmembers
5. Accidents while diving, surfing, boating, parasailing, jet skiing, hiking, ZIP lining or while on excursions on bicycles, motorbikes or 4X4 vehicles like Jeeps, etc.

Continue reading "Captain of Costa Concordia Faces Victims of Disaster" »

In statements that could spell liability for Costa Crociere and more importantly, for its parent company, Carnival Cruise Lines, which is the largest cruise line in the World, court experts appointed by the Italian court to investigate the circumstances surrounding the accident have primarily blamed the ship's captain, Francesco Schettino, for the shipwreck that cost the lives of 32 people back in January of this year. In a stunt that proved fatal, Captain Schettino brought the ship off course and dangerously close to the Island of Giglio, making it run aground and capsize. He stands trial for causing the wreck, for manslaughter and for abandoning the ship before all passengers were evacuated.

Others Also To Blame

However, the worst findings of these court appointed experts (at least for Carnival) are not those related to Captain Schettino. According to nytime.com, they found that other crew members "bungled directions, did not understand orders and were not trained or certified in security and emergency drills". More importantly, they said in their report that the ship's owner, Costa Crociere (a subsidiary of Carnival Cruise Lines) delayed alerting coastal authorities about the incident, although the company is denying this assertion.

Lawsuits Filed In the United States

In the meantime, according to old.post-gazette.com, civil lawsuits are being filed in both State and Federal courts in the United States against Miami-based Carnival Corporation as the parent company of Costa Crociere, despite legal challenges that may ultimately force the plaintiffs to move their legal actions to Italy. Plaintiffs claim that Carnival is the corporate parent of the ship's operator, Costa Crociere, and is therefore responsible for any safety violations.

In fact, an attorney seeking to represent businesses involved in tourism in Giglio Island that claim the disaster deterred visitors, polluted environmentally sensitive local waters and depressed property values has stated that "it is from this headquarters (the Miami offices of Carnival) that the tragic crash of the Costa Concordia could have been prevented by insisting on better training of officers, safer operation and navigation of ships, and elimination of the reckless practice of 'sail-by salutes'. This is a direct reference to evidence that points to Captain Schettino sailing too close to the island as part of a publicity stunt and to impress the passengers.

On the other hand, lawyers representing Carnival Corporation say that the Italian Costa line is a separate corporate entity, that any lawsuits should be filed in Italy and that Carnival does not own the Costa Concordia or manage Costa Crociere's day-to-day activities. They also contend that everything having to do with the incident (including witnesses, documents and other evidence) is much more readily available in Italy.

However, attorneys for the plaintiffs claim that Italian courts often take longer years than courts in the United States to resolve these cases and that attorneys in Italy are not allowed to work a case on contingency fees (meaning that the attorney gets paid a percentage of the winnings if and when a victory is achieved) something that allows victims easier access to justice that they could not afford if they had to pay their attorneys by the hour.

Be that as it may, it will take some time for the courts in the United States to decide whether the cases should be resolved here or in Italy and it is too early to tell what will be their decision. However, if you feel that you have a claim under this or any other case against a cruise line, maybe we can help.

Continue reading "Italian Court Experts Also Blame Others For Costa Concordia Disaster" »

At about 1:30 pm Bermuda time last Friday, a strong wind made two docked cruise ships collide with each other. A 45 knot wind (52 miles per hour) made the aft mooring lines of the Norwegian Star snap and the ship broke loose from her mooring, with the wind pushing it into the Royal Caribbean "Explorer of the Seas". An investigation into the causes of the accident is underway by the government of Bermudas and although the island's Transport Minister, Mr. Walter Roban, claims everything that could have been done to prevent the accident was done, Mr. Karl Fichtner, a passenger on the Norwegian Star, reports that the mooring lines were "very old, at least 10 years old, faded, dry, very worn"....

No Injuries, Just Hull Damage

Thankfully, no one was injured. It could have been worse, as according to examiner.com, passengers were waiting to re-embark or disembark the ship after spending time on the island.

However, the ships did sustain some minor hull damage and need repairs, something that will be paid for by each company's hull and machinery, as well as Protection and Indemnity (P&I) policies. The hull damage does not seem to have affected either ship's ability to sail and maintain their schedule, as the "Norwegian Star" sailed back to the United States as scheduled on Friday evening and the "Explorer of the Seas" was expected to return to schedule as planned.

No statements have been released by either company regarding the incident or about whether repairs may affect either ship's future schedule. This, of course, will be determined by the extent of the damage. As a result of past incidents, the repairs on some ships have been performed while sailing normal schedules, while other cases with heavier damages have forced the ships to come out of service long enough to make the repairs. This, for obvious reasons, is left as a last resort move.

Cruise Ship Passengers Often Get Injured

A cruise ship is like a small city, one where much like any other city, often sees its occupants get injured...Be it the result of a slipping on a wet floor and falling, or tripping on a broken carpet and falling, or suffering an assault by a fellow passenger or a crew member, there is an almost infinite number of ways a passenger can get injured while onboard. Similarly, passengers get injured while participating in some of the following myriad of onshore activities:

1. Surfing
2. Scuba diving or snorkeling
3. Parasailing
4. Boating
5. Jet skiing
6. Hiking
7. ZIP lining
8. Excursions on bicycles, on motorbikes or on 4X4 vehicles like Jeeps, etc.

Continue reading "Cruise Ships Collide With Each Other, No Injuries" »