Maritime Injury Attorney Blog

The M/V CLIPPER ADVENTURE, which is owned by International Shipping Partners, ran aground on a rock while exploring in the Northwest Passage in the Arctic. Robert Bradbury, of the Canadian Coast Guard, stated there were 197 people onboard but no one was reported as injured.

Cedars-Bradley-Swan, a co-owner of Mississauga - Based Adventure Canada, who was the charterer of the cruise ship, said the ship was following the chart that the vessel had and there was not any indication that there was anything in the water. He said it was a "large rock".

The weather conditions were reported as sunny and calm waters. The cruise ship was on the second to the last day of its tour through Canada's Northwest Passage.

International Shipping Partners maintains an office in Miami, Florida, and our cruise ship and passenger injury firm has represented many crewmembers in the past who brought claims against International Shipping Partners, a company that is well known for management and operation of vessels.

The charterer, Adventure Canada, issued the following statement:

"At the time the seas were calm, sunny conditions and good visibility with no wind or swell. Efforts of the vessel's crew to dislodge the vessel during high tide on August 28th were unsuccessful.

Continue reading "Passenger Cruise Ship Runs Aground - No Passengers or Crewmembers Injured" »

We have all heard about the outbreak of the Norovirus aboard passenger cruise ships. The Center for Disease Control and Prevention has reported previously about outbreaks onboard passenger cruise ships regarding the Norovirus.

Our cruise ship passenger injury firm is frequently contacted by passengers who have contracted the Norovirus aboard a passenger cruise ship. Recently we were contacted by a passenger on a passenger cruise ship who not only contracted the Norovirus, but because of the outbreak, passengers were not allowed to handle any food or liquids onboard the ship. The crewmember started passing out very hot coffee in cups and saucers, like typical china type coffee cups instead of using some type of styrofoam cups with lids. As a result, passengers walked around the cruise ship carrying this hot coffee without any type of lids. As a result, a passenger bumped into another passenger and the boiling coffee badly burned the other passenger.

In addition to being contacted by passengers who contracted the Norovirus aboard a passenger cruise ship, we were also contacted by a passenger who received a bad spider bite aboard the cruise ship which resulted in a very bad infection.

It has also been widely reported that criminal activity occurs aboard passenger cruise ships at a greater rate than what is known to the public, which resulted in recent legislation requiring better reporting on the statistics of criminal activity.

In addition to the Norovirus, and the spider bites, as well as the criminal activity including sexual assaults, there are also shipboard activities that could be risky and unsafe aboard the passenger cruise ships, including a new activity called the Flowrider.

We have been contacted by a passenger who was severely injured while participating in the Flowrider activity aboard the cruise ship. Our investigation revealed the activity, although widely used across the United States at amusement parks, and now aboard passenger cruise ships, can be very dangerous, and the manufacturer's warnings include not only the risk of serious injury but the risk of death. We question why such an activity would be operated onboard a passenger cruise ship when it involves risk of serious injury or death. The risks emphasize the need for proper operation of the activity, and proper training of the employees who supervise the activity.

As always, if you are a passenger aboard a cruise ship and get injured, you must immediately read very carefully the passenger ticket you were issued as the cruise line companies include many terms and conditions that govern your rights if you file a lawsuit for personal injury or wrongful death occurring aboard a cruise ship. These limitations include a severe restriction on the time period in which to give notice to the cruise line company of your accident aboard the cruise ship, as well as a severe restriction on the time limitation to file a lawsuit for personal injury or wrongful death occurring aboard a passenger cruise ship.

Although a criminal case, and not a Maritime case, the trial of former Illinois Governor, Rod Blagojevich, ended with him being found guilty on only one of twenty-four charges. However, it was learned that the jury was one vote shy of convicting him on twenty-three more serious charges.

Most of the Maritime personal injury and wrongful death claims we handle result in the right to a jury trial. Our clients always ask about how a jury trial works. The dynamics of a jury is very interesting topic. Our firm is regularly involved in reviewing studies made regarding the dynamics of a jury in order to further improve the trial skills and techniques of our firm. The dynamics of a jury are always changing. There is no exact science regarding selecting a jury.

We are providing a link here to a really interesting PBS News Hour story discussing jury dynamics with professor Valerie Hans, who is a professor at Cornell University, and a co-author of the book "American Juries".

Again, this is a criminal case and it involved a twelve person jury. Typically, in most maritime cases, there is a six person jury. A unanimous decision is required, and one juror can be a hold out preventing a unanimous verdict, resulting in what is called a hung jury.

The prosecutor stated that former Illinois Governor Rod Blagojevich will be tried again with a new jury. The PBS interview is interesting because we do not always get a chance to hear directly from jurors who participate in such high profile trials, leaving the public curious as to how decisions are made by juries.

In a letter to the editor of the Washington Post, published on August 11, 2010, attorney Gibson Vance, who is current President of the American Association for Justice, writes that the current Maritime Laws hamper oil spill settlements. He emphasizes that not only must Congress lift the Seventy-Five Million Dollar cap that is currently present in the Oil Pollution Act, which will severely limit BP's responsibility for the economic damages suffered on the Gulf Coast, but he also urges Congress to amend the Death on the High Seas Act and the Limitation of Liability Act. Otherwise, he says, the residents of the Gulf Coast, as well as small businesses there, will end up footing the bill for BP's disaster.

As stated in his letter to the editor, DOSHA severely limits recovery for families of anyone killed on the high seas when DOSHA is applicable, including the families of the eleven men who died in the Deep Water Horizon rig explosion. DOSHA limits the families' recovery to economic loss only, which normally translates to the costs of the funeral, as well as proven loss of financial support and services the family member would have been provided.

The Limitation of Liability Act, which is an outdated law from 1851, is an act that the company Trans Ocean is trying to use to limit their liability to the value of the Deep Water Horizon after the incident, which has been calculated at under Twenty-Seven Million Dollars.

Our maritime and wrongful death firm has handled many cases involving the Limitation of Liability Act, which requires cases to be pursued in Federal Court without a jury trial. Not only does the act deprive litigants from their right to a jury trial in many cases, but the fund that is available for recovery if the ship owner is successful at limitation is often times inadequate to adequately compensate the victims.

The Deep Water Horizon disaster is a perfect example of the inequities involved when the Limitation of Liability Act is applicable. The same applies to the Death on the High Seas Act limitations.

Hopefully when Congress does return from its recess, it will address these antiquated Maritime Laws not only to assure that the victims of the BP Oil spill are adequately compensated, and that BP Oil is held fully accountable, but by amending these laws all Maritime lawsuits in the future will not be subject to these antiquated and unfair Maritime Laws.

I previously reported in my post, Tugboat Crashes Into Passenger Boat Causing Deaths And Personal Injuries about an incident involving a duck boat tour in Philadelphia. The Philadelphia Inquirer reported "lawyers for the families of two young Hungarian visitors who died in the duck boat accident last month filed a lawsuit today against the tour operator, Ride the Ducks, and the tug boat operator, K-CSCA Transportation Partners."

In the article, the attorney for the family said the victims died by drowning when they were trapped underneath the water by the duck boat's canopy.

Of critical importance is the fact that a National Transportation Safety Board report that was issued in 1999 involving another duck boat accident said that these canopies on these amphibious vessels posed a safety threat and should be removed.

As for the other Defendants sued in this wrongful death action, K-CSCA Transportation Partners, it is alleged they were operating the tug boat, Caribbean Sea, which was pushing a barge that struck the duck boat.

Another key factor cited by the attorney who filed the lawsuit is that he received an anonymous tip that that the helmsman aboard the tug boat had lowered the volume of the marine radio so that he was able to take a cell phone call. This caused him not to hear the distress calls that were coming from the disabled duck boat.

This Maritime wrongful death lawsuit also alleges punitive damages. As I have previously discussed, punitive damages are not available under the Death on the High Seas Act, which applies when wrongful deaths occur outside the territorial waters of the United States. Whether punitive damages may be recovered in a Maritime wrongful death action even when the Death on the High Seas Act does not apply may depend on whether the Court will look to state wrongful death actions to supplement the general Maritime Law. There is support under the general Maritime Law for the recoverability of punitive damages in a Maritime personal injury or wrongful death case when the Death on the High Seas Act is not applicable. This is another complexity of the Maritime Laws that needs to be carefully analyzed.

An interesting article appeared in the South Florida Sentinel on August 9, 2010. It reported on the passage of the Cruise Vessel Security and Safety Act of 2010, which I previously discussed in another post, President Obama Signs Cruise Vessel Security and Safety Act Legislation Into Law For Added Safety Protections For Cruise Ship Passengers.

As stated by the Sentinel, the new law was passed due in part to increased pressure as a result of the public notoriety received after passenger George Smith IV went missing during a honeymoon cruise aboard a passenger cruise ship. After his disappearance, there was a lot of criticism regarding the laws that governed the cruise ship's responsibility for reporting the incident, as well as the investigation of the incident. Our firm represented the parents of George Smith IV and in addition to the wrongful death case on behalf of the parents of George Smith IV seeking compensation under the Death on the High Seas Act, the parents were also pursuing a claim against the cruise ship company for the manner in which the investigation of the incident was handled. There were allegations that the cruise ship mishandled the investigation, resulting in lost evidence, preventing the family from ever finding out what truly happened to their son.

It was somewhat of a novel theory against the cruise ship company brought by the parents regarding the mishandling of the investigation. Our maritime and wrongful death firm argued the situation was similar to a police agency botching an investigation, resulting in the failure to solve the potential crime. We were able to find legal precedent for suing an investigating agency for the failure to properly preserve evidence.

As a result of botching an investigation, family members are often left without closure as to what happened to their loved ones. The damages suffered by family members from the lack of closure are greater than any economic loss that can be measured easily.

Although a Florida Court ruled that the parents could not pursue an intentional infliction of emotional distress claim against the cruise line based on the manner in which they handled the investigation, citing Federal Law that had previously held that a cruise line did not have a duty to investigate in the first place, the parents continued to be relentless in their pursuit for answers from the cruise line company. The FBI continues to maintain an open investigation regarding the matter.

Continue reading "Does the New Maritime Law, The Cruise Vessel Security and Safety Act of 2010 Really "Beef Up Cruise Safety" As Reported By South Florida Sun Sentinel" »

While my personal injury law firm regularly sues the cruise line companies for various wrongful conduct, including claims for sexual assaults onboard cruise ships, as well as serious accidents, I must applaud Disney Cruise Lines and the heroic efforts of the Discovery Magic which recently rescued eighteen stranded boaters.

The cruise ship was the Disney Magic, which has been spending the summer time in Europe. On early Friday morning the crew overheard radio communications indicating that other vessels were searching for a boat that was in distress. The Disney Magic cruise ship then took action and was able to locate the stranded boat with eighteen people aboard. There were sixteen men and two women. The crew took the eighteen stranded boaters aboard the cruise ship and provided needed medical attention. They were also given cabins until they were disembarked in Barcelona, Spain.

A representative of Disney Cruise Lines said that one of the rescue boats from the cruise ship was used to rescue the stranded boaters.

The eighteen people were Nigerian citizens. They had been stranded in the open water for approximately four to five days.

The Disney cruise should be applauded for their efforts.

I previously reported in my post, Legislation To Amend Death On The High Seas Act And Other Key Maritime Laws Postponed, about legislation that is currently before the Senate that will eliminate harsh and outdated Maritime laws, including laws that allow limitation of liability for vessel owners, as well as operators of oil rigs. The legislation which is postponed also would eliminate the harsh restriction on damages for wrongful death that occurs on the high seas, and would allow increased compensation to the victims' families involved in the BP Oil spill.

We are hopeful that the Death on the High Seas Act will be amended to apply to all vessels on the high seas, and would include claims involving wrongful death of passengers aboard cruise ships. The cruise ship industry is lobbying heavily to be excluded from any amendments which would increase the amount of compensation to families who lose a loved one on a cruise ship due to wrongful death.

The Senate is in recess until September 13, 2010. Hopefully there will be a vote on the current provisions amending the Maritime laws. In the meantime, during August, the American Association for Justice (AAJ), formally the Association of Trial Lawyers of America, have advised of the importance to set up meetings with Senators in your home state.

During the summer district work period for Congress, members of Congress often hold what is referred to as Town Hall Meetings, in their district and which is open to all of their constituents.

This is a great opportunity to meet members of Congress and voice your support for important legislation, including the current legislation that is pending regarding amending the harsh and outdated Maritime laws.

Continue reading "Senate Goes On Recess Postponing Vote on Admiralty/Maritime Laws" »

As a maritime wrongful death lawyer, I have been following the BP oil spill disaster very closely. The battle continues in Washington to seek changes in the Maritime compensation laws available to the families of victims killed on the high seas. The Death on the High Seas Act severely restricts compensation to the family members of victims killed aboard a vessel, including oil rigs, when the death occurs on the high seas.

The compensation provided to the families includes only a calculation based on future income loss less the amount the individual who died would have personally consumed, including how much of his income would have been taken away in taxes. Often times, this leaves very little compensation to the family members.

In a moving and compelling interview on NBC Nightly News, two of the widows of victims killed on the Deep Water Horizon Oil Rig told NBC Nightly News about the harshness and unfairness with these laws. The Maritime laws provide no compensation for their children, and without any justification treat the family members different than if the deaths had occurred elsewhere, or not on a vessel. The interview clearly demonstrates that there is absolutely no rational basis for the archaic limitations contained in the Death on the High Seas Act.

As stated in the segment from NBC Nightly News, the politics involved is causing a delay in the amendment of this harsh law, including heavy opposition from the cruise ship industry.

Many passengers and crewmembers we have represented have faced the harsh reality that their wrongful death claims were subject to these harsh limitations. It is always a difficult task as a Maritime personal injury attorney to explain to families of victims killed onboard a ship on the high seas that the law doesn't recognize non economic damages. When we are asked to explain the rationale behind the Death on the High Seas Act, we simply cannot do so because there is no rationale other than protection of special interests, such as the cruise ship industry and the shipping industry in general, including oil rigs. The BP Oil spill disaster has demonstrated the need to no longer provide protections to these special interest groups, and to hold them fully accountable for complete compensation for wrongful deaths.

Our firm is keeping a close eye on the new legislation that has been proposed to amend the Death on the High Seas Act, and we will advise on any developments.

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