Recently, however, there has been a focus in the media on stories of people falling overboard from cruise ships. In some cases, including those we have discussed here, the people who fall into the water are recovered, if only after some cajoling from their loved ones to get the ship to turn around to try to find them.
]]> Unfortunately, some people are never recovered after they go overboard. These wrongful death cases are very difficult for families to process, of course, but when there is an extended period of uncertainty on the part of law enforcement and cruise line officials, it makes things all the worse for grieving family members.One family has been searching for answers for nearly eight years after a man went overboard from a Royal Caribbean ship while on his honeymoon. The family ultimately reached a settlement with the cruise line, but the man's death is finally going to be reviewed by investigators from the Federal Bureau of Investigation. The family is convinced that the man was murdered, and video of one of the other passengers apparently shows him flashing gang signs in connection with the death. It remains to be seen if anyone will be charged in the case.
Source: CNN, "FBI to review honeymooner's 2005 cruise ship death," Kristina Sgueglia, May 15, 2013
]]>Police were told that the couple were missing a few hours after the ship docked. Upon reviewing video from a surveillance camera, authorities said that images of the couple were captured of them going overboard. But they weren't able to tell if it was a deliberate act or if it was unintentional.
]]> As is the standard when passengers are reported to be missing, investigators searched the ship in an attempt to locate the missing people. After being unable to locate them, authorities authorized planes and boats to try to find the man and woman, ages 30 and 27, respectively.However, the search faces long odds. The couple apparently fell into the water about 65 miles off the coast of Forester, which is an Australian city nearly 200 miles from Sydney.
The couple had apparently been traveling with friends and family members on the 10-day cruise, which was scheduled to end the following day. The couple's traveling companions said they had last seen the two earlier in the evening they disappeared.
Whenever a serious incident such as a disappearance occurs on a cruise ship, family members often consult with attorneys experienced in dealing with maritime law. The unfamiliar regulations and mess of jurisdictions can be overwhelming for attorneys not accustomed to maritime situations.
Source: ABC News, "Carnival Cruises Reports 2 People Missing Overboard in Australia," Anthony Castellano, May 9, 2013
]]>The cruise line, Holland America, issued a statement saying that the majority of people who are reported missing from a cruise ship are actually somewhere on board the ship; therefore, their policy is to search the ship before turning around to look for someone in the water. This delay could have been deadly in this case, though, if the man did indeed fall overboard and was in the water for several hours.
]]> Security footage appears to show the man falling over a railing and into the water. Investigators say that footage shows what appears to be a man in the water, but they could not say with certainty if the figure was waving after hitting the water.The man's family says this incident underscores the danger of going on cruises -- and the relative lack of oversight over such incidents. A law passed a few years ago requires the FBI to keep track of cruise ship crime in a database; however, the FBI has the option of handing off jurisdiction in a case to local authorities, in which case the incident is not recorded in the database. That is what happened here; federal officials turned the case over to the local sheriff's department.
Source: NBC Miami, "Family Seeks More Answers in Disappearance of Man From Cruise Ship," Diana Gonzalez, May 2, 2013
Recently, Carnival Cruise Lines -- which has received its share of negative attention lately due to well-documented issues with power failures -- faced two days in which two passengers had to be evacuated to tend to medical emergencies. In each case, a pilot boat came out to meet the ship and bring the ill passenger to shore nearby.
]]> The cynics among us might say that Carnival is going above and beyond what it might otherwise be required to do in light of the bad publicity it has received lately. However, it may very well be that the cruise line and its employees were just doing what they saw fit in order to aid the passengers who were in distress.Of course, while avoiding bad publicity might have been a concern, so too was the health and welfare of the passengers who fell ill. In addition, had the ship's doctors treated the ill passengers without recommending they leave the ship as soon as possible -- and then those passengers got worse -- the doctor could have been subject to a medical malpractice claim for improperly treating the passengers.
Source: The Royal Gazette, "Cruise ship returns twice with sick passengers," Gareth Finighan, April 22, 2013
]]>Most people still have the images of the recent incident aboard the Carnival Triumph fresh in their minds: long lines for food, overflowing toilets and uncertain prospects for rescue. That ship lost power after a fire in the engine room; a similar incident took place on the Carnival Splendor in 2010.
]]> Now, Carnival is saying it will commit $300 million to improve the safety features on their ships. This includes improving engine rooms, upgrading fire safety and adding backup generators. The fire safety improvements include upgraded water mist systems to quickly extinguish fires on board their ships.Carnival has suffered a wave of bad publicity in the wake of its well-documented problems; Carnival cruise prices have dropped as a result. It may take awhile for the improvements to make a measurable impact on the company's bottom line.
While these improvements seem to be a step in the right direction, they may not have a direct impact on the safety of passengers who can still be injured from slipping on wet decks or tripping on uneven surfaces. Those passengers may wish to consult with an attorney experienced in cruise ship personal injury cases.
Source: The Seattle Times, "Carnival spending $300 million in cruise-ship mechanical improvements," Beth J. Harpaz, April 17, 2013
]]>Nearly a million more people are expected to take cruises this year: just under 21 million for 2013. And cruise lines have been rapidly adding to their fleets to accommodate the ever-growing numbers of passengers. In the last dozen or so years, more than 150 new ships have been added to fleets; another 25 are expected to go into service within the next two years.
]]> While it may be true that cruise ship passengers are less likely to be killed on board than on a plane or automobile trip -- with notable exceptions such as the 32 people who died in the Costa Concordia disaster -- there have been plenty of major incidents recently that have carried the potential for serious injury to passengers.According to one expert who tracks such incidents, there have 117 major failures since the beginning of last year -- including 23 fires, 15 collisions, 13 propulsion failures, eight mechanical issues, six power failures and five maneuverability problems.
Additionally, the expert points out, this does not take into account other variables such as tired and overworked crew members -- who might not be accountable to passengers in the event of a catastrophe that induces chaos on board a ship.
Source: International Business Times, "Are Cruise Ships Safe? Carnival Cruises' Triumphant Fall From Grace Raises The Question Of Whether Cruise Vacations Are Too Risky," Mark Johanson, April 6, 2013
]]>A 4-year-old boy was found unresponsive in a swimming pool on board the Disney Fantasy as the ship waited to depart Port Canaveral, Florida, over the weekend. It was not clear if other family members were nearby at the time or if there was a lifeguard on duty at the pool. As a result of the accident, the ship was delayed leaving port by 45 minutes.
]]> Children are a frequent presence on cruise ships, particularly ones operated by the Disney Cruise Line. The fact that the accident happened before the ship set out surely cast a pall over the proceedings for everyone aboard.According to a spokeswoman from the Disney Cruise Line, the carrier's focus is on helping the family of the boy. No further information was given about his condition but he was taken to a children's hospital in Orlando an hour away from Port Canaveral.
Family members of people who are injured on cruise ships, particularly children, often find it beneficial to consult with a personal injury attorney with experience dealing with cruise ship injuries. Even though the ship was still in port at the time of the incident, depending on the circumstances, the case might fall under maritime regulations rather than traditional ones.
Source: The Miami Herald, "Boy, 4, nearly drowns on Disney cruise ship," April 2, 2013
]]>A recent lawsuit tells the harrowing details of a woman who landed in the ocean after allegedly being overserved at one of the bars on the Carnival Destiny cruise ship. In her suit, the woman says the bartender offered discounts at the onboard casino for every drink the woman and her friend ordered; as a result, the woman says, she became extremely intoxicated.
]]> After returning to her cabin with her friend, the woman went out onto her deck to get some air. However, she slipped and fell over the railings; she then fell approximately 12 stories into the water, hitting a life raft on the way down. To her horror, the ship then sped off, leaving her in the middle of the water somewhere between Florida and Jamaica with no floatation device at hand.The woman's fiancée and her friend realized the woman had fallen overboard, as did several other passengers; however, the ship's crew refused to turn the vessel around until conducting a search, even though it was evident to many what had happened. When she was finally recovered, the woman was not airlifted off the ship but instead dropped off in Key West, where she was told she would have to be taken to Miami for treatment. The woman spent three weeks in the hospital and suffered severe injuries; she is seeking damages from Carnival and several others, including two doctors.
Source: Courthouse News Service, "Carnival Cruise Line Didn't Give a Damn, Woman Overboard Says," Marimer Matos, March 13, 2013
However, there is no overarching document that cruise lines must follow when things go wrong. In many cases, full or partial refunds or credits toward future travel might be offered. However, that is small consolation for many people who have had their vacations disrupted or ruined as a result of an accident or outbreak of illness.
]]> Now Sen. Charles Schumer of New York is proposing a so-called cruise ship bill of rights to ensure that passengers are protected. It would include guarantees to incoming passengers that ships can provide sanitary conditions, emergency power and adequate medical staff, among other assurances.The bill would also require companies to issue full refunds when a cruise is suddenly canceled due to a mechanical problem. While the proposal would only become law in the United States, Schumer wants Secretary of State John Kerry to negotiate with nations that frequently host cruise ships to ensure that these rules are basically the same anywhere an American traveler might go.
Source: USA Today, "Senator calls for cruise ship bill of rights," March 18, 2013
]]>However, another incident has indeed occurred on an ocean liner, this time on the Royal Caribbean Vision of the Seas, which might further serve to alienate potential travelers. An outbreak of norovirus affected 105 passengers, or roughly 5 percent of the people on board. Another three crew members took ill as well.
]]> Norovirus is more of a nuisance than a genuine health hazard, although it is responsible for hundreds of deaths in the United States every year. The most vulnerable people are those who have compromised immune systems -- generally children or the elderly.After an outbreak aboard a ship, it becomes necessary to have the vessel disinfected from top to bottom before it can go back into service. When more than 2 percent of people on board a ship are infected, the Centers for Disease Control and Prevention must be notified. There were 16 such reported incidents in 2012, two more than there were the previous year.
People who are injured or get sick while on a cruise may wish to consult with a cruise ship personal injury attorney to determine if they have a viable case against the cruise line.
Source: Reuters, "Royal Caribbean Vision Of The Seas Ship Back In Port After 108 Fall Ill," Phil Wahba and Martinne Geller, March 8, 2013
]]>An incident earlier this week, an adventure cruise ship with 80 people on board hit an uncharted rock near the Las Perlas Islands in Panama. None of the people on board, which included 55 passengers, sustained a cruise ship personal injury, but the boat -- the National Geographic Sea Lion -- sustained damage to one of its propellers and to the hull.
]]> The ship was cleared by the U.S. Coast Guard to return to the mainland in Panama under its own power. However, the ship will be out of service for a few weeks and its next scheduled voyage was canceled.The accident, which occurred on the third day of a scheduled eight-day cruise, left some passengers uncomfortable with wanting to continue the trip. In fact, 16 of them decided to cut the trip short and fly directly home. Officials say those passengers will receive a full refund, including the cost of airfare. Those who chose to stay and fly to Costa Rica for the next leg of the scheduled journey were offered a refund of $2,500.
This incident is just the latest in a long line of troubled cruise ship voyages. Every ocean liner trip could encounter difficulty and its passengers could be injured aboard. People who have been hurt on a cruise ship may wish to consult with an experienced personal attorney attorney.
Source: USA Today, "Another cruise ship damaged after hitting rock," Gene Sloan, March 5, 2013
]]>The Splendor incident showed that instructions for fighting fires on board were ambiguous at best and sometimes just plain wrong. For example, manuals instructed valves to be pulled by crew members -- when in fact they weren't designed to be pulled but rather turned.
]]> The final report on the incident, which happened more than two years ago, still has yet to surface. This is apparently due to the fact that multiple jurisdictions have juggled -- or tried to hand off -- responsibility for the report. The ship is based in the U.S. but registered in Panama. Panamanian authorities could have taken the reins of the investigation but instead deferred to the U.S. Coast Guard. Since then, officials from the two nations have exchanged drafts of their reports but haven't finalized anything.People who have been injured on cruise ships do not need to wait for an official report before consulting with an attorney and taking action -- indeed, as seen in the case of the Carnival Splendor, doing so could delay the possibility of receiving compensation for a long period of time.
Source: The New York Times, "Most cruise ships lack backup systems," Barry Meier and John Schwartz, Feb. 25, 2013
• Our firm handles cases in this vein. For more information, please visit our Los Angeles cruise ship injury page.
]]>Due to the cruise tickets issued by Carnival, any lawsuits must be filed in South Florida courts. This restriction is partially due to the locations of Carnival's headquarters near Miami. This can create confusion and hardship for cruise passengers because they may come from all around the country -- and even countries other than the U.S. -- so filing a suit in Florida may not be at all convenient.
]]> Another factor working in Carnival's favor is that their tickets specify that no class actions suits can be filed. However, in at least one case stemming from the recent Triumph incident, arguments are being made that this exclusion should not apply due to Carnival's negligence in declaring the ship ready for travel.This is why it is important for people who have been injured, gotten ill or suffered some other kind of mishap on board a cruise ship to be aware of their rights when it comes to considering taking action against a cruise ship company. Attorneys with experience in cruise ship injury claims can be an invaluable resource when a dream vacation has gone wrong.
Source: Associated Press, "Carnival Cruise Lines has advantage as passengers file lawsuits," Curt Anderson, Feb. 22, 2013
]]>Conditions on the ship were deplorable. Without power, the ship was without comfortable cabins or warm food; overflowing toilets apparently led passengers to compare the smell to a giant outhouse. Carnival is offering multiple incentives to the passengers on board, including refunds, future credits, free flights home and additional cash payments, but it seems likely that many passengers undergoing the ordeal will never want to set foot on a cruise ship again.
]]> One industry expert says that fires aboard cruise ships are such rare events as the cruise ship companies might suggest. In fact, across the world, at least a dozen fires have been reported in the last few years by media outlets -- meaning the actual number of incidents could be even higher. The expert points out that the cruise lines often assert the fires are minor -- but can a fire on board a ship ever be considered minor?While the recent fires have not resulted in any casualties -- at least to passengers -- the expert says that Americans may want to use caution when considering cruises. Because of the sheer number and size of ships calling on U.S. ports, it may be difficult if not impossible for federal authorities to conduct complete inspections of every vessel that U.S. vacationers travel on.
Source: CNN, "What cruise lines don't want you to know," James Walker, Feb. 14, 2013
We have written extensively on this blog about norovirus and how it can practically take over a ship. People who have paid to take the cruise might assume that the virus spreads despite the best efforts of the crew members on board to contain it. However, a recent investigation by a television station indicates that crew members might actually be part of the problem, not the solution.
]]> According to the U.S. Centers for Disease Control and Prevention, which monitors illness outbreaks on cruise ships, workers who get sick are supposed to report their illnesses immediately. However, the TV station's report found multiple instances of workers who realized they were sick and yet continued to work.On the Carnival Freedom, a butcher didn't tell the ship's doctor for a full day that he had gotten sick. The CDC says food handling by sick people is a classic way for illnesses to spread. In another case on a Royal Caribbean ship, a café attendant not only worked when she was sick, but left an area designated to isolate her and prevent the spread of the virus. She apparently went to both the café and the ship's laundry.
Another worker on a different Carnival ship waited 12 hours to report that she had stomach cramps and diarrhea -- even as she was working at her job cleaning the ship.
While for many people norovirus is just an inconvenience, it can be very serious for the elderly and people with compromised immune systems. An attorney with experience dealing with cruise ship illnesses can serve as a valuable resource for people who have gotten ill on a cruise ship.
Source: Scripps Howard News Service, "Probe shows cruise ship workers may spread illness," Dan Krauth, Feb. 1, 2013
Our firm handles cases similar to this one. For more information, please visit our Los Angeles cruise ship injury page.
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