Maritime Injury Attorney Blog

The website, Cruise Critic, reports that a waiter, onboard a Carnival Cruise Line's cruise ship, attacked a maitre d' in the main dining room during dinner. It is also reported on the website that the injured maitre d' is referred to as "The Singing Maitre D'."

We have reported often about assaults on passengers on cruise ships in an effort to create a better public awareness to passengers on cruise ships that criminal activity, including assaults, do happen onboard cruise ships. Assaults by one crewmember on another also do occur onboard cruise ships, and crewmembers are often times the victims of criminal activity aboard a cruise ship. Cruise ship workers have typically been protected by maritime laws that give them the right to sue their employer for negligence, as well as sue the cruise ship company under a doctrine called unseaworthiness. Crewmembers are also entitled to the remedy of maintenance and cure, which provides them with medical care for any illnesses or injuries they suffer, as well as maintenance money in order to live while they receive their medical care.

The issue as to whether a crewmember can recover against the cruise ship company for an assault by another crewmember is more complicated in the arena involving the maritime laws applicable to crewmembers than it would be if a passenger was assaulted by a crewmember. While the maritime law has held the cruise ship company strictly liable for intentional torts committed by a crewmember on a passenger, in order for a crewmember to recover against the cruise ship company for an assault committed by another crewmember, the crewmember would have to prove that the attacker had some type of violent propensity which was known or should have been known to the cruise ship company, or prove that the attack was so violent in nature as to demonstrate that the attacker was so deranged or violent that his mere presence onboard the ship rendered the vessel unseaworthy. The doctrine of unseaworthiness is only applicable to crewmembers.

How serious this incident is - is not discussed on the Cruise Critic website. The article does state that the cruise line did not provide information regarding the cause of the incident, or yet received back a comment from Carnival Cruise Line.

Our firm continues to be safety advocates for both crewmembers and passengers harmed at sea.

Dylan Cole Bloodsworth, who was referred to as a "serial rapist" by the prosecutor, has pled guilty to sexually assaulting a 13-year-old during a cruise aboard a Carnival Cruise Line cruise ship, the Elation. The assault occurred last March.

This sad story which was highly publicized involved a 13-year-old who was travelling on the cruise ship with her family. She had agreed to go with Bloodsworth to his cabin under the pretense that he was going to retrieve a jacket. He then sexually assaulted the minor in yet another tragic case of a sexual assault on a minor occurring aboard a cruise ship.

These horrible stories we hear is a reminder to all parents who decide to take minor children on a cruise ship that sexual assaults and rapes do happen on cruise ships with a much greater frequency than ever was imagined by the general public. It has only been in recent years that there has been increased public awareness of crimes, including sexual assaults and disappearances, happening onboard cruise ships. The public attention has also resulted in Congressional Hearings addressing cruise ship safety, which eventually led to the passage of the Cruise Vessel Security and Safety Act past in the year 2010 and signed into law by President Obama.

In this particular case, the sexual assault was not committed by a crewmember. It was committed by another passenger. We have also read recently of stories involving passengers engaging in the sale of drugs while onboard ship. One must be aware that the cruise ship has been compared to a small city, which would include the potential for all types of criminal activity that occurs in a city. In the past, passengers have come onboard cruise ships with a false sense of security, and have not expected that these types of crimes can occur onboard a cruise ship. Unfortunately, minor children have often been the victims of sexual assaults which are a direct result of the fact that these types of incidents have been kept out of the public eye for some period of time, resulting in the false sense of security passengers get when boarding a cruise ship.

Again, this is a reminder to be very careful when going onboard a cruise. One must consider all aspects of the cruise, not just the advertisement by the cruise ship companies about the beautiful ports they are going to travel to, and all of the fun activities onboard the ship. One must consider the availability of medical care, including the fact that the cruise ship company takes the position that the ship's medical staff are independent contractors and that the cruise ship will deny liability for any negligence on the part of the medical staff. One must also consider the different ports the cruise ship is taking the passengers to. Are these ports safe? Has the cruise line warned the passengers of any criminal activity known in the particular areas of the ports they are travelling to? With respect to shoreside excursions and activities, are they safe? Are the operators of these shoreside excursions experienced and well trained? Is the equipment up to date and safe? Who regulates these shoreside excursions? Again, the cruise ship companies will allege that these shoreside excursions are provided by independent contractors and the cruise line will deny liability for any accidents that might occur during a shoreside excursion.

Continue reading "Man Pleads Guilty to Rape of Thirteen Year Old on Cruise Ship" »