Articles Posted in Cruise Ship/ Maritime Law

MIAMI, FL—Two scuba divers found themselves treading open water approximately three miles off South Florida’s Key Biscayne, upon discovering that their charter boat abandoned them at sea on Oct. 2. According to information provided by the South Florida Sun-Sentinel, the two stranded men were rescued from the shark-ridden waters of the Atlantic a few hours later, when the occupants of a passing vessel noticed them.

Reports indicated a commercial dive boat was used to transport several scuba divers to a region of the Atlantic Ocean, about three miles off Key Biscayne on the afternoon of Sept. 2. Two men aboard the vessel, Paul Kline, of Texas, and Fernando Garcia Puerta, of Spain, swam to the surface after diving for some time, only to discover that the Big Com-Ocean charter boat had left them.

The two forgotten scuba divers were forced to tread water for over two hours before the crew of another boat pulled them from the ocean and transported them back to shore. According to victim Kline, “We were in shock… We could easily have died.”
Robert J. Arnove, owner of Miami-based RJ Diving Ventures Inc. (the charter boat’s operator) contended, “I do not know how the two divers got checked off without them being on the boat or who is to blame… We are still trying to figure that out while devising a further failsafe system to prevent this from ever happening again.”
While Arnove explained that divers are checked off on a roster as they climb back aboard the charter boat, Fort Lauderdale-based Underseas Sports owner Matt Stout told reporters, “I’ve been in this business for 23 years and I can remember just a couple of occasions of this happening… Normally, it’s a result of somebody not doing roll call properly.”
Officials from the U.S. Coast Guard (USCG) are expected to conduct a full investigation into the incident.

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MIAMI, FL—Crew members aboard a U.K. ferry that was traveling through rough waves in the North Sea, approximately 20 miles off the coast of England’s North Yorkshire, rescued a 23-year-old female ship passenger who fell overboard on the night of Sept. 5. According to information provided by the Daily Mail, the Princess Seaway DFDS ferry was en route from North Shields to Ijmuiden in Holland when the ferryboat accident occurred.

Following the horrific ship accident, victim Jeni Anderson told reporters that although she could recall falling over the vessel’s railing, she was unsure of what caused her to do so. Anderson, who explained that she had been socializing and drinking with friends before the fall overboard, stated she had no memory of herself actually hitting the water.

Reports indicated the ship passenger spent approximately 30 minutes working hard to keep herself above the North Sea’s forceful waves before Princess Seaway crew members were able to rescue the distressed victim using the ship’s lifeboat. An RAF medical helicopter subsequently responded and transported the ship accident victim to Scarborough Hospital.

Amazingly, Anderson, who contended, “The captain said to them [her friends] that in 20 years he has never found anyone who has gone over and my chances were very slim of being found,” suffered serious bruises. She was released from the hospital within hours of her arrival.

“I remember there suddenly being people around me and light and I think that was when I was lifted up to the helicopter. I don’t remember the moment they found me… I do not think I can really put it into words how grateful I am to everybody involved, the Coastguard, the staff of the ferry, the RAF helicopter and the people in the hospital,” Anderson noted.

Not all people who fall overboard are as fortunate as Anderson, however. U.S. Coast Guard statists regarding watercraft accidents suggested 431 falls overboard were reported in 2008. Those incidents resulted in 188 boating deaths and also left an additional 257 accident victims suffering from various injuries. Statistics also suggest that the main cause of death related to boat accidents and wrecks is drowning. In 2008, recreational boat accidents resulted in 510 drowning deaths.

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MIAMI, FL—A young boy was airlifted to a Jacksonville Beach hospital as a Trauma Alert following a horrific boating accident that occurred on the Intracoastal Waterway. According to information provided by First Coast News, a 6-year-old boy fell off a boat and was struck by its propeller around 6 p.m. on August 17.

Reports indicated officials from the Jacksonville Beach Police Department (JBPD) were dispatched to a boat ramp in close proximity to the 2500 block of Second Avenue North upon being notified of a boat accident on the Intracoastal Waterway. According to Tom Bingham, a police spokesman, authorities were informed that a child had fallen off a moving vessel and was subsequently hit by its propeller.

Although details concerning the Florida boating accident remained scarce, investigators from the Florida Fish and Wildlife Conservation Commission (FWC) are expected to conduct a full probe into the incident. The child, who was rushed to Baptist hospital via medical helicopter, suffered a boat propeller injury was deemed to be non-life threatening.

According to statistical data provided by the U.S. Coast Guard (USCG), 4,730 boating accidents occurred nationwide during the year 2009. Those boat crashes and incidents resulted in a total of 736 boating deaths and 3,358 injuries. Florida accidents resulted in 68 boating fatalities in 2009 and 79 deaths the following year.

Drowning was deemed to be the main cause of death for victims involved in fatal accidents recorded statewide in 2010. Sixty-two percent of the 79 casualties recorded that year (49 victims) were attributed to drowning, while 34 percent of fatalities (27 victims) were attributed to trauma-related injuries. The cause of death for the last four percent of statewide boating deaths (3 victims) recorded that year remained unknown.

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MIAMI, FL—By examining various FBI reports and U.S. court cases involving cruise companies, a Canadian researcher determined that the number of sexual assaults that occur on cruise ships is approximately 50 percent higher than the number of sex assaults reported on Canadian land. According to information provided by Canadaeast News Service, the Atlantic researcher who conducted the study is a professor at the Memorial University of Newfoundland in St. John’s, Canada and has long payed close attention to the closeted side of the cruise ship industry.

Memorial University Professor Ross Klein assessed Federal Bureau of Investigation reports filed between Oct. 2007-2008, as well as cruise line-involved court cases that took place between 1998 and 2005, as a means of determining the rate of sex assaults aboard cruise vessels.

Upon conducting his research, Klein not only concluded that the sexual assault rate on cruise ships was 50 percent higher than the rate of forcible sex crimes in Canada, 15 percent of the cruise ship sexual assault victims were said to be younger than 18.

Furthermore, Klein’s research indicated that in the past, the majority of onboard sexual attacks consisted of crew members assaulting passengers. Updated data appeared to suggest approximately 50 percent of the cases included passengers assaulting passengers or cruise ship employees assaulting their own co-workers.

According to the Washington State Department of Commerce Office of Crime Victims Advocacy (OCVA), “Sexual assault is a form of violence that uses unwanted sexual actions, contact, pictures and words in ways that are harmful and traumatic to another person.” Sexual assault is defined by the Canadian criminal code in a similar matter.

Professor Klein contended, “The cruise industry is a microcosm of society in a lot of ways… I think most people would find ways to ignore it… I know they have video cameras, but not all of them work. Rarely are they watched in real time. It’s not really surveillance so much as just keeping information.”
The Miami rape victim lawyers of Gerson & Schwartz added that the cruise line industry is in dire need of reform that will ensure the safety of both passengers and ship workers. Cruise ship companies must provide travelers and crew members with adequate protection from rape and sexual violence, as well as other crimes that could potentially occur on the high seas.

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MIAMI, FL—With 668 boat accidents reported during the year 2010 alone, Florida leads the nation in boating accidents and resultant fatalities, according to statistical data provided by the U.S. Coast Guard (USCG) and Florida Fish and Wildlife Conservation Commission (FWC). Such accidents resulted in 79 boating deaths and left 389 crash victims injured last year.

In 2010, there were 4604 recreational boating accidents, 605 of which were deemed to be fatal, reported throughout the nation. Those incidents resulted in 672 deaths and 3,153 injuries. There were a total of 608 recreational boating accidents statewide in 2010, including 72 that were reported in Miami-Dade County alone. The additional 60 Florida boat accidents initially mentioned were considered “reportable”, but not “recreational.”

Focusing on all reportable boating mishaps throughout the state, statistics suggested that of 73 fatal accidents involving 82 boat operators, 71 percent (58 operators) had no prior boater education. Additionally, 7 percent of accident victims were unable to swim and 53 percent of 79 victims were not wearing life jackets (personal floatation devices—PFD) at the time.

Furthermore, alcohol played a role in 330 accidents throughout the nation, including 39 throughout the state. Last year, drunk boating accidents claimed the lives of 126 victims and left 293 others injured. The Coast Guard estimates that individuals who operate their vessels with a blood alcohol levels above .10 percent are 10 times as likely to die in a boat crash then boaters who choose to stay sober while operating a watercraft.

Maintaining that countless boaters take to the water with the intention of consuming alcohol at some point or another, the Miami injury attorneys of Gerson & Schwarz warned both passengers and drivers to heed caution for potentially negligent boat operators.

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MIAMI, FL—Royal Caribbean Cruises was recently found negligent in the lawsuit filed following an onboard toxic gas leak that killed three ship crew members and injured 19 others, according to reports by NBC Los Angeles. “Royal Caribbean’s actions demonstrated a gross indifference to the life and health of not only the plaintiff but other passengers onboard the Monarch of the Seas when it continued to cruise with measures that allowed poisonous gas exposure to its passengers,” explained Judge Mark Schumacher, of the Eleventh Judicial Circuit Court of Florida.

Reports suggested at least 3,4000 people, both cruise ship passengers and crewmembers, were on Royal Caribbean’s Monarch of the Seas vessel when hydrogen sulfide, a potent and sometimes deadly gas, leaked from the ship’s engine room pipes. Three crew member fatalities and 19 non-fatal injuries were reported following the cruise ship gas leak.

The court ruled that the Miami cruise line “failed to take reasonable measures to prevent exposure” to the poisonous gas. The Los Angeles County Department of Health said hydrogen sulfide is often called a “knockout agent,” because victims who suffer from acute exposure lose consciousness exceptionally fast.

Citing evidence in the case, Judge Schumacher also ruled that Royal Caribbean’s acts were “either intentional or constituted gross negligence.”
After the victim’s bodies were transported off the ship and officials from the U.S. Coast Guard conducted ship inspections, a new crew and passengers boarded the cruise. According to Monarch of the Seas passenger Monya Wright, “We were never told there was a significant problem on that ship.”
Ex-crew member Bjoern Eidiseen contended, “It was totally crazy… We should have never sailed… The cruise line knew about it and they ignored the danger.” Bjoern initially observed holes in several of the engine room’s pipes, prompting him to question the makeshift repair job. Though the ship worker warned his managers of potential safety hazards posed by the pipes, his superiors did not appear to take his concerns too seriously.

The judge’s recent ruling paves the way for Eidiseen, who claimed to have been fired for verbalizing his safety concerns, to seek punitive damages in the cruise line negligence lawsuit. Royal Caribbean representatives alleged that Eidiseen lost his job because he was not wearing protective equipment in the cruise ship’s engine room.

In earlier interviews with NBC LA reporters, the Miami-based cruise company maintained that safety was their main priority and even tried to have the lawsuit dismissed, arguing that the accusations were unsubstantiated. Nevertheless, the cruise ship negligence case is ongoing.

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MIAMI, FL— Federal health authorities recently reported that since May 2011, three Alaska cruise ships have been plagued by norovirus outbreaks. According to information provided by the San Jose Mercury News, two of the cruise ship illness outbreaks were reported on the Sea Princess and another on the Celebrity Millennium, collectively sickening nearly 400 people.

The first serious norovirus outbreak was reported aboard the Celebrity Millennium vessel, which apparently set sail on May 20. Officials from the Centers for Disease Control and Prevention (CDC) confirmed 113 cases of norovirus illnesses on that particular cruise ship.

The two most recent outbreaks left approximately 280 people aboard the Sea Princess cruise ship (about 140 people on each of the 10-day cruise voyages) sickened. The first outbreak occurred on a cruise ending on May 30, while the other was reported on a cruise ending on June 9. In both instances, the ship departed from a port in San Francisco. About six percent of cruise passengers and one percent of ship crew members became infected in those two outbreaks.

According to CDC Captain Jaret Ames, “They will isolate people in their cabins until they are symptom-free for a period of 24 hours. They will prevent those people from leaving the ship by marking their key cards so they can’t go ashore. So once they’re aware of it they do have a good system for monitoring those cases.”
The CDC has confirmed such outbreaks on five cruises, including those previously mentioned, since the beginning of this year. Between 2006 and 2010, there were more than 80 cruise ship norovirus outbreaks reported.

Norovirus is a highly contagious viral infection that causes gastroenteritis. Symptoms of gastroenteritis include vomiting, diarrhea, abdominal cramps, headache, fever and chills. Norovirus has been known to cause approximately 50 percent of all gastroenteritis outbreaks, CDC data suggested.

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MIAMI, FL—Twelve Royal Caribbean cruise ship passengers and two Spanish workers were injured when a dockside fuel tank blast occurred in the popular tourist destination of Gibraltar on May 31, 2011. The Independence of the Seas cruise ship was moored to a dock near the pier where the fuel tank exploded, the Associated Press reported.

According to information provided, two unidentified Spaniards who were onshore working on the fuel tank suffered injuries ranging from minor to serious. Twelve travelers aboard the Royal Caribbean ship also sustained injuries, which did not appear to be life threatening.

A statement released by Gibraltar’s government stated that the most serious injury sustained by any of the cruise ship passengers was a fractured shoulder. The others allegedly suffered minor burns and other unspecified wounds. The explosion victims were apparently treated for their injuries by cruise ship medical personnel.

Cynthia Martinez, a spokesperson for the Miami-based cruise ship company, contended that while two cruise passengers were on shore when the explosion occurred, they ultimately managed to escape injury.

The cruise initially set sail from Southampton, England, marking the beginning its 2-week voyage. Immediately after the fuel tank explosion occurred, the vessel moved away from the dock. It subsequently departed for Cannes, located on the French Riviera.

Gibraltar authorities were expected to conduct a full investigation to determine the cause of the injurious blast.

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MIAMI, FL—With rescue personnel continuing to recover the remains of those reported missing after a horrific shipwreck in Brazil, the death toll has risen to eight. According to information provided by the Latin American Herald Tribune, a vessel occupied by approximately 100 people sank in Lake Paranoa, located in Brasília, the nation’s capital, on May 22, 2011.

Reports indicated the bodies of four ship accident victims, two of whom were children, were found on May 23. On May 24, rescue crews recovered the remains of four adult victims who disappeared in the deadly boating accident, bringing the number of fatalities to eight. Ninety-three survivors were rescued after the ship sank.

According to Agencia Brasil, the Brazilian government’s national broadcaster, at least 100 passengers were on board the ship attending a party when the boat accident occurred. While an exact passenger tally remained indefinite, reports suggest there is a chance that three additional ship accident victims are still missing. Thus, search and rescue missions were expected to continue on May 25.

Furthermore, investigators contended that the ship was only built to support the weight of 92 people, though there were more than 100 on board at the time. It remained unclear if excessive weight caused the ship to sink.

Nevertheless, officials continue to probe the cause of the fatal Brazilian shipwreck.

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While cruise ships may look sparkling clean and safe, behind the surface lies an industry that lacks any formal regulation – and all-too-often, accountability — for what occurs on-board. And, unfortunately, plenty goes on: sexual crimes that are unreported. Violent assaults covered up by ship personnel. Passengers that go missing — never to be seen again.
Gerson & Schwartz PA is at the forefront of assiting passenger injury, crewman, and other injury claims against allmajor cruise lines.

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