Cruise Ship/ Maritime Law

November 8, 2012

Passengers Sickened On Five Separate Royal Caribbean Cruises Band Together to Seek Redress

Outbreaks of gastrointestinal illness aboard cruise ships are now a fairly common occurrence affecting thousands of passengers every year. However, stricken passengers have generally had a hard time recovering anything more than partial refunds, and/or discounts on future travel, from the operators of disease-carrying ships. Even these token forms of compensation have been difficult to secure unless the outbreak necessitated some cancellation or change in itinerary. Cruise contracts often contain limitations on compensation for illnesses contracted on board, and challenges associated with proving negligence on the part of the cruise operator can also prevent passengers from obtaining meaningful redress for their lost cruise investment and the physical and mental impacts of their illnesses.
Repeat Outbreaks Put Ship Owner on Undeniable Notice
Twenty-five passengers who sailed on five separate cruises aboard Royal Caribbean’s Independence of the Seas are now, however, trying to buck this trend. According to a report in the British news publication Southern Daily Echo, these passengers, all of whom were affected in some way by infectious gastrointestinal illnesses that broke out during cruises that originated in Southampton, England during 2010 and 2011, have filed suit against Miami-based Royal Caribbean International and its sister entity Celebrity Cruises. In so doing, they are hoping to demonstrate that once it became apparent that Independence of the Seas was plagued with pathogens, Royal Caribbean had, but did not meet, an obligation to remedy the situation.

August 27, 2012

Connecticut Tourist Dies in Pompano Beach Parasailing Accident

by Gerson & Schwartz, P.A.

A 28-year-old Connecticut woman was recently killed when she fell approximately 200 feet in a South Florida parasailing accident. On August 15th, Kathleen Miskell went parasailing with her husband, Stephen, near the Sands Harbor Resort & Marina. The couple was strapped into a side-by-side harness by employees for the Pompano Beach company that operated the parasail, WaveBlast Water Sports. While floating nearly 200 feet above the Atlantic Ocean, Kathleen’s harness allegedly malfunctioned and she fell into the water below.

The boat’s crew reportedly pulled Stephen to safety before turning around to find Kathleen floating upside down in the water. Although Kathleen was transported to a local hospital, she died as a result of blunt force injuries and asphyxiation due to drowning. According to the Broward County Medical Examiner’s Office, Kathleen’s death was ruled an accident.

After reviewing a video and photos of the events that lead to Miskell’s death, the Chairman of the Parasail Safety Council, Mark McCulloh, stated he believes the accident resulted from two sheared harness support straps. McCulloh also said the shearing may have been caused by a manufacturing defect or decomposition over time due to poor maintenance. According to McCulloh, the harness appeared to be an older model.

The cause of the tragic incident is currently under investigation by the Florida Fish and Wildlife Conservation Commission, the U.S. Coast Guard, the National Transportation Safety Board (NTSB), and the Broward County Sheriff’s Office. A spokesperson for the NTSB, Terry Williams, said an in-water evaluation of the boat’s hydraulic winch as well as other equipment will be performed. Williams also stated the investigation could take up to one year to complete.

The relationship between the resort and the boat operator may be important if Kathleen’s family chooses to file a wrongful death lawsuit. If the owner of the boat, WaveBlast, caused the accident through negligence, maritime law may limit her family’s right to recovery. If the resort was a partner to the parasailing company, its owners may also be held accountable for Kathleen’s death. Additionally, the manufacturer of the harness may be held liable if the accident was caused by a production defect. Because maritime laws differ significantly from normal tort and personal injury law, it is important to contact a capable maritime accident lawyer If you or a loved one was hurt while traveling on a boat in Florida.

April 5, 2012

Cruise Ship Accident’s Continue to Emerge: This time Royal Caribbean’s Azamara Quest Catches Fire

by Gerson & Schwartz, P.A.

Why does it keep happening? Bookings have dropped after successive cruise accidents continue to occur. This time, it is Royal Caribbean and its’ Azamara Quest which was carrying 590 passengers and 411 crew members when one of the ship’s engine room’s caught fire.

Despite the fact, that this incident was a lot less harrowing than the other recent maritime accidents, passengers were still frightened to death; and, 5 crew members suffered smoke inhalation injuries, including one which was serious and needed hospital care. The Miami Herald 03/31/12. This is yet another terrifying example of a cruise ship that lost power due to an electrical fire. Of course, it does not compare to the devastation of the Costa Concordia this past January, when that ship hit a reef off the coast of Italy. Actually, the Azamara fire is the third fire on a cruise ship, since November 2010. This time the emergency occurred off the coast of Borneo, during a voyage to Malaysia.

The Royal Caribbean owned ship, the Azamara Quest sustained an electrical fire which was quickly extinguished by crew members. An emergency cancellation for the trip was put into effect, and the ship was forced to end its voyage early in Sandakan, Malaysia. It never made it through Indonesia as scheduled where the trip was supposed to end in Singapore on April 12.

“This Royal Caribbean cruise ship fire reminds us of a previous fire a few weeks ago, on board the Silver Shadow cruise ship”, said Attorney Nicholas Gerson of Gerson & Schwartz, PA. Similarly, this electrical fire affected the air conditioning system, on the Azamara Quest. As a result, many of the 11-deck vessel’s entertainment facilities, which include a spa and shopping boutiques which were all shut down. Passengers such as Dorothy Wood of Virginia Beach, Virginia were petrified” (AP).

“And we will never forget the images of the Costa Concordia hitting a reef off the coast of Italy”, added Gerson, an experienced maritime attorney at Gerson & Schwartz, PA, based in Miami , Florida. “The cruise ship industry is not ensuring the safety of its passengers. We will continue to seek restitution for our clients who suffer injuries as a result of their negligence.” So why does this industry continue touting about how safe it is? For instance, training groups such as Resolve Maritime Group, whose owner, Joe Farrell states, that cruise ships are the “safest industry, safest mode of travel there is.” However, the evidence does not support this claim, and experienced maritime attorneys at Gerson & Schwartz, beg to differ.

We are seeing a high rate of incidents on cruise ships lately demonstrating that there is not an acceptable level of risk for travelers . As of Monday, Royal Caribbean stock closed at least one percent lower from the previous close.

Maritime attorneys like Philip and Nicholas Gerson at Gerson & Schwartz, PA, are well aware of the dangers involved on board cruises, and are committed to recovering compensatory and punitive damages for their clients who are survivors or injured parties. “With so many frightening occurrences on cruise ships lately, we believe that the industry should be doing more to protect its passengers. We will continue to serve our clients who become injured on board ships due to lack of standards, care, or accountability. The industry should be doing more to make sure that their ships are safe, especially in light of the all these recent incidents.”

March 21, 2012

Another Cruise Ship Crash: Will It Ever End?

by Gerson & Schwartz, P.A.

Will it Ever End?? When is it going to stop? Yet another cruise ship crash has occurred over the last 24 hours near Halong Bay, Vietnam. This time it was the, “Silversea Shadow”, which collided with a container ship under foggy conditions. What is the reason for these life threatening cruise ship crashes in today’s technologically advanced era? These ships have radar, sonar, and satellite communications. So, is it due to human error, once again? Why can’t the maritime industry prevent these catastrophic occurrences on the water? At Gerson & Schwartz, PA we bring claims against cruise ships for their negligence. Attorney, Nicholas I. Gerson, a maritime injury lawyer with the firm believes “our cruise ship executives need to be held 100% responsible for the hiring of their captains and their crew. More frequent, monitoring of the ship’s technology is imperative. Prevention is the answer“ says Gerson. More regulatations, more saferguards, and better hiring practices are the keys to ensuring the safety of our passengers, crew members, and environment. For more information about Gerson & Schwatz PA, contact 305-371-6000 or visit us online by clicking this link

March 19, 2012

At Last, Cruise Ship Drills Will Take Place Prior to Departures

by Gerson & Schwartz, P.A.

The US, European, and UK based Cruise Industry Associations have finally signed a policy stating that muster drills must take place prior to departure. Following the devastating cruise ship accident crash of the Costa Concordia last January, wherein 23 cruise ship passengers were found dead, scores of injuries, and 7 others are still missing concern about how the evacuation process was handled emerged. 6 weeks later, a second disaster occurred on board the Costa Allegra during an engine fire, disabling the ship and leaving its’ passengers stranded in the Indian Ocean. Again, questions arose about why there was such mass chaos on board during these emergencies.

Since, cruise ship laws did not require that passengers be briefed immediately before the ship sets sail, many on board the Concordia and Allegra cruises were never informed about how to proceed when a true emergency occurred. The main reason why in the case of the Concordia, was because almost 700 new passengers boarded the ship after it had been sailing for 3.5 hours. However, the next briefing was not scheduled to take place until the next day.
Miami Martime and personal injury lawyer Philip m. Gerson of Gerson & Schwartz, PA says “its about time the cruise lines start taking a more proactive approach towards passenger safety.” In fact, the U.S Cruise Lines International Association, Passenger Shipping Association, and the European Cruise Council have all agreed to a new policy which requires every cruise ship in the world to conduct safety drills within 24 hours of embarkation. Stricter policies, are currently in place, and were implemented by the International Maritime Organization. Consequently, if a passenger is unwilling to participate in these safety drills or briefing he or she will be asked to leave the ship immediately. Passengers are told all of this during the pre- drill announcements.

March 14, 2012

Carnival Cruise Lines Offer of Trivial Payments Not Surprising

by Gerson & Schwartz, P.A.

Carnival says “Safety issues are a major concern for the Carnival Cruise line and the full costs for Carnival will include passenger refunds, potential litigation and repair” But do they mean it? Especially the part about “full costs.” So far, they have only offered trivial payments to victims from the highly publicized accident aboard the Concordia disaster. Here is what they OWE passengers and crew – full and just compensation.

On the night of January 13, 2012, while passengers were in the dining room the crew misinformed them about the seriousness of this disaster. Apparently, the ship’s Captain, Franscesco Schettino, “unapprovingly deviated from the route it was initially programmed for, and; the Captain ever activated any alarms.

More problems for Captain Francesco Schettino and Carnival lie ahead, as evidence is compiled shockingly showing that the “captain was not wearing his reading glasses when the shipwreck occurred, and is said to have asked his first officer to check the radar.” What has not been explained is what Schettino was told and what he and his crew members did next to save the passengers and crew members. Everyone knows what he did to save himself.

February 9, 2012

South Florida Cruise Ship Returns to Port Early With Another Suspected Norovirus Outbreak

by Gerson & Schwartz, P.A.

A Princess Cruise Lines ship returned to a South Florida port with an alleged outbreak of norovirus for a second week in a row. This week, the Crown Princess returned to dock at Port Everglades two days early after approximately 250 people on the ship became ill with vomiting, diarrhea, and stomach pains. Last weekend, the same ship was disinfected for several hours after returning to port with about 400 sick passengers and crew members. This week, the nation’s Centers for Disease Control will be on hand to sanitize the Crown Princess before its next scheduled departure on Saturday.

Last week, two other cruise ships also returned to port with a suspected norovirus outbreak. The Ruby Princess, a sister ship of the Crown Princess which also sails out of South Florida, and Royal Caribbean’s Voyager of the Seas, which sails out of New Orleans, were sanitized after returning to port with hundreds of sick passengers and crew.

The Crown Princess is capable of carrying more than 3,000 people and more than 1,000 additional crew members. Although the norovirus is quite common, the purported outbreak generates considerable worry because of how close quarters the cabins, common areas, and ventilation systems are on cruise ships. The virus is highly contagious and spreads easily from person to person through both surfaces and contaminated food. Industry experts warn that the virus is tough to eliminate once it starts to spread on board a ship.

According to Princess Cruise Lines, the company has additional cleaning crews on hand to assist with the disinfection of all of the ship’s public areas. All furnishings, carpets, and any surface a passenger is likely to touch will purportedly be sanitized. Additionally, each state room will be cleaned repeatedly prior to being prepared for the ships’ next departure. At this time, the cruise line expects the Crown Princess to depart as scheduled on February 11th.

An accidental personal injury may arise unexpectedly in any number of settings, including on a cruise vacation. If you were injured on a cruise ship as a passenger or crew member, it is important to seek assistance from a qualified personal injury attorney. A variety of state, federal, and international laws may apply to personal injury claims associated with cruise ships and other vessels at sea. The amount of time you have to file your claim may be limited and the claim process can be cumbersome. If you were injured on a cruise ship, an experienced personal injury attorney can help you assess your claim and negotiate a reasonable settlement.

January 16, 2012

Costa Concordia Accident is Inexcusable

by Gerson & Schwartz, P.A.

The cruise ship accident this past weekend aboard the Costa Concordia is inexcusable. With modern technology including sonar and GPS which average people have in their cell phones and recreational boaters almost universally use it is extraordinary and gross negligence for a professional sea captain, with thousands of lives in his hands to make errors which would cause a cruise ship with state of the art navigational tools, run aground. What is even more remarkable about this cruise ship accident is that this could happen in familiar waters just hours from one of the major cruise ports in the world. It is criminal that a captain would leave defenseless passengers and crew behind to avoid injury to himself.

November 20, 2011

Mississippi “Serial Rapist” Gets 10 Years in Prison, Life on Probation in Carnival Cruise Ship Sexual Assault Case

by Gerson & Schwartz, P.A.

MIAMI, FL—U.S. District Judge William H. Steele of the Southern District of Alabama ruled on Nov. 15 that a Mississippi man who pleaded guilty to sexually assaulting a 13-year-old girl during a Carnival cruise voyage will not only spend 10 years in prison, but also serve a subsequent life-long probation sentence in connection with the attack. According to information provided by the Press Register, the defendant, whom prosecutors referred to as a “serial rapist,” sexually abused the teen while aboard the Carnival Elation cruise ship.

Gautier man Dylan Cole Bloodsworth, 19, apparently forced the unidentified 13-year-old girl to have sex with him on March 6, during a Carnival Elation cruise vacation to Mexico. Reports suggested Bloodsworth lured the young victim to his cabin by convincing her that he was merely going to retrieve his jacket.

Prior to the cruise ship assault, Bloodsworth also allegedly raped another 13-year-old girl in Mississippi. In that case, Bloodsworth apparently used photos the girl posted online to determine where she lived and subsequently showed up at her house unannounced.

Bloodsworth, who found that girl hitting a soccer ball in her yard upon arriving to the home, seemingly attempted to kiss her and left. Nevertheless, he called her later that night and contended he would murder her family if she didn’t agree to get into his car.

Bloodsworth is accused of taking the young victim to a secluded area, raping her and then disposing of the condom, as well as the clothes he was wearing at the time of the attack. The Mississippi man faces charges in connection with that case as well.

According to Assistant U.S. Attorney Maria Murphy, “I don’t know any other way of putting this: He’s a serial rapist. He preys on underage girls.”

Statistics posted on the Rape, Abuse & Incest National Network (RAINN) website stated that the FBI regards sexual assault as the leading crime reported on cruise ships, accounting for 55 percent of all maritime crimes reported to the bureau.

October 27, 2011

Miami Boating Accident Lawyer News: Child Hospitalized in Critical Condition Following Tampa Propeller Accident

by Gerson & Schwartz, P.A.

MIAMI, FL—Officials from the Florida Fish and Wildlife Conservation Commission appear to be investigating a recent boating accident in which a child suffered critical injuries upon being struck by the vessel’s propeller. According to information provided by Tampa Bay Online, the injurious propeller accident occurred in Tampa’s Lake Magdalene on Oct. 22.

Reports suggested family and friends gathered at Lake Magdalene to go tubing when at approximately 6 p.m., something went horribly wrong. FWC spokesman George Wells said a boat propeller struck an 11-year-old girl’s leg as she was in the process of climbing back aboard the vessel.

Although reports did not specify what kind of injuries the child sustained in the Florida boat accident, she was reportedly transported to St. Joseph’s Hospital in critical condition. It was not clear if the young victim, who remained unidentified, remains hospitalized. A full probe into the propeller injury was expected to be underway.

Statistical data provided by the U.S. Coast Guard and Florida Fish and Wildlife Conservation Commission indicated 668 boat accidents occurred during the year 2010. Those vessel accidents resulted in 79 boating deaths and 389 injuries. Statistics suggest Florida has more boating accidents than any other state in the nation.