Maritime Injury Attorney Blog

On Wednesday, February 29, 2012, the U.S. House of Representatives is going to have a hearing on cruise ship safety which is entitled "A Review of Cruise Ship Safety and Lessons Learned from the Costa Concordia Accident."

At first blush, this appears to be a well needed Congressional Hearing in order to focus on problems in the cruise ship industry, and take steps necessary to create more regulations and laws that apply to the cruise ship companies which will make cruising safer for all of us. However, this particular hearing that is scheduled on February 29, 2012 is spearheaded by the Chairman of the House Transportation and Infrastructure Committee (the subcommittee on Coast Guard and maritime transportation), Florida Republican John Mica.

Not only is this hearing led by Republican Mika out of Florida, the initial agenda included a list of the witnesses, which reflected that the witnesses were all cruise ship company's friends or allies. There were five representatives of the cruise lines listed and one Coast Guard witness. I have previously written about how the cruise ship industry maintains strong ties with the United States Coast Guard, often times sponsoring and attending Coast Guard functions. The witnesses listed include a president of Cruise Line International Association (CLIA), Michael Crye (a lawyer for the Cruise Line International Association), as well as Vicky Rey, a public relations and customer care representative from Carnival Cruise Lines. In addition George Wright, from Princess Cruises, as well as Captain Evans Hoyt from Norwegian Cruise Lines was listed to testify at this hearing.

You may be asking where are any of the victims of the Costa Concordia disaster, or any proponents for cruise ship safety changes, such as a representative from International Cruise Victims Association, or a maritime attorney such as myself who acts as a safety advocate for passengers and crewmembers? Not surprisingly, none were initially listed.

I wasn't surprised to learn that Republican Mika set up this hearing, and stacked the field in favor of the cruise ship industry by the list of witnesses that were invited to speak. I previously was invited to speak during Congressional Hearings addressing cruise ship safety back in March 7, 2006 following the disappearance of George Smith aboard a cruise ship. Our firm represented the family of George Smith. I was invited to speak as a maritime expert addressing cruise ship security and safety issues. Eventually, the Congressional Hearings led to passage of the Cruise Vessel Security and Safety Act, signed into law by President Obama on July 27, 2010.

Continue reading "Does Media and Public Relations Campaign of Cruise Line Industry Include Congressional Hearings? " »

Last Thursday yet another cruise ship incident occurred, again highlighting the true safety of cruising vacations. Twenty-two passengers aboard the Carnival Splendor were robbed at gunpoint by hooded bandits on their way to an excursion very close to Puerto Vallarta, Mexico. This occurred several days into a cruise that departed from California. The cruise ship company sponsored this excursion titled "City and Tropical Jungle Escape." There were a variety of ages on this guided activity. Children as young as six experienced this horrifying robbery. No one was hurt but the gunmen did steal money, cameras and other valuables from the cruise ship passengers.

In a statement from the Puerto Vallarta tourism board it was stated that, "this is an extremely rare incident." This is sadly not a rare incident and has occurred quite a few times in the past. In fact a majority of robberies occurring in these areas have targeted large groups through cruise line sponsored excursions.

In lieu of all that has been happening, CBC world new posted an enlightening article titled "Cruise ship incidents drive down demand, prices." This is no surprise. But the real question many are wondering is if these cruise ship disasters in fact increased or has the Costa Concordia tragedy just drawn more attention to the disasters that could happen when boarding a cruise ship.

Our firm is a Miami based maritime and admiralty law firm assisting passengers and crewmembers harmed at sea.

Today divers in Italy found 8 of the 15 missing bodies bringing the death toll from the Costa Concordia disaster to 25. One of the discovered bodies was of the missing 5 year old Italian girl. This is the only child that was reported missing from the Costa Concordia. It was rumored that her father, who is also missing, had to run back to his cabin to get medicine for a transplant he had.

Three bodies were able to be recovered, but because of the weather, the other five were not able to be removed at this time next, the bodies have to go through the process of identification.

The floating furniture and decomposing material in the ship made it hard for the divers to recover and find the bodies which were found on the fourth deck. Seven people still remain missing. A preliminary hearing will be held on March 3 in which all passengers are allowed to attend. Seven people have been added to the list of those under investigation for this disaster. In addition, it has been reported that lawyers are requesting that Captain Schettino undergo a drug test in regards to the traces of cocaine found on a hair sample.

In addition, Congress is holding a hearing to address cruise ship safety in light of the Costa Concordia tragedy. A hearing is currently scheduled for February 29 and March 1, 2012.

The cruise ship industry is getting a lot of unwanted attention. Reuters just published an article exposing the difficulties passengers on cruise ships have in pursuing claims against cruise ship companies when there is an injury or death on a cruise ship.

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

It was recently reported that a passenger from a cruise ship was found dead in the Cayman Islands' waters. The location was near Coral Gardens. Mysteriously, another cruise ship passenger was found in the same area just a little more than a year ago, in December of 2011. The recent cruise ship passenger who was found dead in the Cayman Islands is reported to be a 56-year-old man. The cruise ship passenger found in December of 2011 was reported to be a 71-year-old cruise ship passenger from North Carolina.

This latest death involving a cruise ship passenger has not been fully investigated, and there is little information that has been released at this time.

We will continue to monitor the news involving this cruise ship passenger found dead in the Cayman Islands' waters.

The recent months have involved many deaths of cruise ship passengers, including those who died aboard the Costa Concordia. Recently, a passenger fell down stairs on a Royal Caribbean Cruise ship, and died. Another passenger fell on a Carnival cruise ship and died.

Deaths of cruise ship passengers have reportedly been increasing over the years, which is likely due in part to the increase in the size of cruise ships. The mega cruise ships can now carry more than 5,000 passengers during a cruise. They truly have become small cities, with the problems that come along with a small city. These problems include crimes such as sexual assaults. In addition, the cruise ship companies are floating casinos and sellers of liquor. There are many incidents involving accidents and deaths directly related to alcohol consumption onboard a cruise ship. The cruise ship companies make millions of dollars each year from the sale of alcohol.

My firm continues to believe that these mega cruise ships, which often describe themselves as small floating cities, should have a police department and better medical facilities to deal with the increasing number of passengers and associated problems.

I have previously spoken in the United States Congress during hearings held on cruise ship safety. I am hopeful to do so again. The Costa Concordia disaster has again brought into focus the practices and procedures of the cruise ship companies involving the safety of the millions of passengers that cruise each year. While cruising can be a great way to take a vacation, there clearly is the need to evaluate current policies and procedures, and implement better policies and procedures for the safety of all those who travel onboard a cruise ship, including the passengers and the crewmembers.

Our firm has been assisting passengers and crewmembers who have been harmed at sea. I have been handling maritime cases here in Miami, Florida for 30 years. The increasing sizes of these mega cruise ships is mindboggling, and presents many challenges with respect to safety.

In light of the negative publicity and information that has surfaced about the cruise ship industry after the Costa Concordia tragedy which resulted in the confirmed loss of 25 lives, the cruise ship companies have had to change their typical game plan for getting people onboard a cruise ship for a fun filled, care free vacation. As a result, the advertising plans have changed. For those who love cruising, and still want to cruise, or those who simply want to try a cruise for the first time, now is a good time. The cruise ship companies are offering a lot of discounts. The New York Times has an article about this and tips on how to get the best deal.

Although there are clearly safety issues involving cruise ships that must be addressed and resolved, and maritime laws that need to be changed to better protect passengers and crewmembers, cruising continues to be good choice for a vacation.

Our maritime personal injury firm continues to act as safety advocates for passengers and crewmembers harmed at sea. We are currently representing passengers from the Costa Concordia. We are available for legal consultation regarding the Costa Concordia matter.

Two women, 24-year-old Alloah Releford and 27-year-old Latoya Powell, recently were given a six year sentence in a Bermuda jail. They were found guilty of trying to smuggle drugs into Bermuda aboard the CarnivalFantasy cruise ship in October of 2011. The two attempted to bring back a hefty amount, 2.7 kg of cannabis resin worth a little over $400,000.

Bermuda is already known for strict sentences in cases involving any type of drug issues. The sentence in this case is consistent with this policy.

In yet another case of attempted drug smuggling on a cruise ship, it was reported that 5.8 kilograms of cocaine was found in a cabin of a New Zealand couple aboard the P &O cruise ship Aurora. On January 25, the ship arrived at the Port of San Francisco from the Caribbean when the cocaine was found by US custom officials. As a result, Tony Wilkinson, 42, and Kirstie Harris, 25, were arrested. In addition, an Australian was also found with 7.9 kilograms of cocaine. Both cases were related. All of them were arrested and charged with possession of cocaine with the intent to distribute.

In addition, a British cruise ship passenger was arrested on Friday in Sydney for smuggling 30 kilograms of cocaine into Australia. He was also aboard the cruise ship Aurora. A drug detection dog caught this 59 year old man who is facing life in jail and a fine of up to $825,000.

Drugs on cruise ships don't appear to be that uncommon. In January of 2011 a major drug bust occurred when over $100,000 worth of cocaine and heroin was found aboard a Royal Caribbean ship. This was a part of an employee smuggling ring.

My colleague, James Walker, author of Cruise Law News, recently wrote about drugs on cruise ships, commenting how drug smuggling is in fact becoming a more prevalent issue on cruise ships.

We now see these mega cruise ships, small cities, need regulation. They need their own police department and emergency fire rescue service. Sexual assaults and disappearances have been reported at a much greater frequency than previously known. There are safety issues that must be addressed, and maritime laws must be changed to hold cruise ships companies more accountable to passengers and crewmembers that are harmed at sea.

Our personal injury and wrongful death firm continues to be safety advocates to both passengers and crewmembers harmed at sea.

Picture Credit: Live5news.com

A private tribute this past Monday, February 13, marked the one month anniversary of the Costa disaster. The relatives of those still missing from the Costa Concordia cruise ship tossed bouquets of red roses into the sea in their honor. A small boat took the family members 50 yards from the overturned cruise ship. Fifteen people still remain unaccounted for. Among the relatives that visited the site was Kevin Rebello whose brother was a waiter aboard the ship.

"I haven't lost hope yet, anything can still happen, a miracle. He may be injured, he may have lost consciousness, anything may have happened. I still have hope, I always have hope, hope is the last thing to die," Rebello said. "I hope I will find him as soon as possible, to bring him home."

Costa CEO and chairman Pier Luigi attended the mass at the Saints Lorenzo and Mamiliano Church at Giglio Island. At the mass, the Reverend Lorenzo Pasquotti sadly stated: "The feeling that has always been with me during these 30 days and today is sorrow. Sorrow for those who died, for those who are missing."

In addition, Sunday was the day that the passengers had to decide whether to accept the $14,463 as a settlement offer. Unexpectedly, the Costa Cruises announced that they would extend the deadline to March 31, giving passengers more time to evaluate their desired approach: "The decision was taken to offer passengers more time to evaluate the proposal and to exercise their claims with less urgency."

In the meantime, litigation has commenced in Miami, Florida. The lawyers who have filed the lawsuit have backed off from earlier statements that a class action was going to be pursued. Most likely, the lawyers realized that the passenger tickets have a provision precluding class action lawsuits. Although the enforceability of this particular provision in a cruise ship case setting has not been ruled upon by the appellate courts, the Supreme Court of the United States recently upheld a ban on class action lawsuits contained in consumer contracts with AT&T. In addition, the provisions in passenger tickets issued by cruise ship companies have routinely been enforced, such as the provision requiring any lawsuit to be filed in a specific location. In the case of the Costa Concordia, the cruise ship company, Costa, requires lawsuits to be filed in Genoa, Italy. Of course, the cruise lines will seek to enforce this provision and have the lawsuit that has been filed in Miami dismissed.

Continue reading "A Cruise Ship Law Update" »

Norovirus is an RNA virus which can cause gastroenteritis in humans. Washing your hands with soap and water is a recommended preventative measure. It is a highly contagious virus and has recently surfaced aboard two major cruise ships, The Ruby and Crown Princess, Around 500 people were affected. In addition, on Saturday, the Crown Princess had to end its voyage two days early in order to sanitize the ship. I applaud them for taking responsibility and doing the right thing by ending the cruise early despite the jost profits they end up suffering.

Due to many outbreaks of the norovirus on cruise ships, many steps have been taken by t to reduce the outbreaks of this virus. According to the cruise lines: "Our sanitation program has been developed in coordination with the CDC and includes such measures as disinfection of high-touch surfaces; encouraging correct hand washing procedures and enhancing this with the use of hand sanitizing gels placed throughout the ship; isolating ill passengers and crew in cabins until non-contagious; encouraging passengers to use their own cabin's bathroom facilities; and providing regular verbal and written communication to passengers about steps they can take to stay well while onboard." Despite these steps, the outbreaks still exist. The cruise ship industry continues to insist the virus has nothing to do with a cruise ship, that the outbreaks are not more prevalent on cruise ships than other places. as far as cutting the cruise short, the cruise line company stated: "We sincerely regret having to cut short our passengers' cruise vacations because of this highly-unusual situation. We will, of course, be refunding their cruise fare, arranging flights home, including covering change fees if air was not booked through Princess, providing hotel accommodation if necessary, and offering a 25 percent future cruise credit."

According to an article published in the Sun Sentinel it is peak season for norovirus. In addition, Princess has stated that the U.S. Centers for Disease Control (CDC) said there are "widespread outbreaks of norovirus occurring in the U.S.". A recent article in the Florida newspaper Sun-Sentinel provides more discussion about this virus. Passengers can get very sick from this virus, and in rare cases, the virus can cause death.

It is difficult to prove any negligence on the part of the cruise ship for the outbreak of the norovirus during a cruise. One can question their sanitation procedures, but it is difficult to prove the cruise line did something wrong that resulted in the outbreak. If there are back to back cruises with an outbreak of the norovirus, that would be different. In such a case, that would suggest the cruise ship company didn't properly sanitize the ship after the first outbreak and before the start of the next cruise.

Rivkind and Margulies, P.A. are Miami based maritime attorneys that handle all type of accidents occurring on the waterway, including boating accident, cruise ship accidents, and accidents involving personal watercrafts.

The Cruise ship industry just announced adoption of new rules. Every single passenger will receive a required safety briefing which must take place prior to the ship leaving port. This newly implement rule may have saved the lives of passengers on the Costa Concordia.

Hundred of passengers aboard the Costa Concordia had not yet undergone the muster drill when the ship crashed into the rocks off the island of Giglio. Until now, the safety briefing had to be given within 24 hours of disembarkation as required by maritime law.

According to the Cruise Lines International Association, this new requirement was voluntarily Nautilus, the seafarer's union, has recently expressed the problem of actually carrying out a successful evacuation of these very large ships which can carry over 5400 passengers. I too have questioned whether, under current procedures, a safe evacuation can take place on a mega cruise ship that has more than 5000 passengers and crewmembers. I was interviewed on CBS evening news, who did a segment questioning whether passengers on the modern day mega ships can be safely evacuated in case of a disaster such as what occurred with the Costa Concordia.

As can be expected, Carnival Corporation continues to pay attention to the financial impact this disaster will have on them. According to Carnival Corporation, the disaster will decrease its net income in 2012 by $155 million to $175 million. I am sure we all feel sorry for carnival! It upsets me to see so much media coverage about the financial impact on carnival, instead of keeping the focus on the passengers and crewmember, especially those whose lives were lost due to this needless tragedy.

Rivkind and Margulies are Miami based cruise ship and boating accident attorneys. Mr. Rivkind has been handling maritime cases for thirty years. He is past president of the Florida Bar Admiralty Committee, a lecturer and teacher, as well a safety advocate for passengers and crewmembers. He has testified in Congress as an invited speaker and maritime expert.

The Costa Concordia rescuers stopped their search of the remaining missing bodies in the submerged parts of the ship due to the danger the underwater mission imposes. The search above the water still poses danger because the ship could slip under water at any second. The way the rescuers enter the ship is through holes that were blown into the hull. The ship is almost at a 90-degree angle , and even with the strong torches the divers use to search within, the visibility still is very weak. They enter the ship with a thread that will mark their route and help them exit. The divers use air tanks, which gives them about 40 minutes of breathing time. In addition the water is around 10 °C so they must wear heavy outwear. The divers stated that the one of the hardest things about the search is finding bodies still wearing lifejackets close to the lifeboats that never made it out. The Costa Concordia continues to impose a never-ending danger, including environmental dangers.

Just recently, Giglio's Mayor Sergio Ortelli, gave a letter to the rescue divers in praise of their heroic efforts. In the letter, a child's father explained how his son left his teddy bear aboard the ship and had been unable to sleep since the Costa Concordia tragic disaster. The divers, risking their lives, were able to track down the cabin of this family and retrieve the still intact toy. Isn't that a great story to hear?

The Miami based maritime and cruise ship lawyers at Rivkind and Margulies continue to assist passengers and crewmembers who were onboard the Costa Concordia. Brett Rivkind has testified in Congress about cruise ship safety, and looks forward the opportunity again to do so and advocate safety changes in the cruise ship industry that will make cruise ships safer for both passengers and crewmembers.

As another body was found onboard the Costa Concordia, the death toll has increased to 17 for this needless tragedy. This needless tragedy occurred due to gross negligence on the part of the captain. Although the cruise ship company, Costa Cruise Lines along with Carnival Cruise Lines, continues to assert that this was an isolated event involving a captain's decision to dangerously navigate the cruise ship too close to shore, the captain has fought back and stated that the cruise ship company was well aware of the practice of maneuvering the vessel close to land to show off its beauty and impress the passengers and islanders.

Why the captain navigated the vessel recklessly close to the shore, striking rocks that are well chartered, remains an unanswered question. For those who were affected by this disaster, especially the families who lost loved ones, the cruise ship company's statements that it was the captain's fault, do not matter much. The fact remains lives were needlessly lost. We are now up to 17, and the search for the remaining 16 victims from this needless tragedy has been called off. The Italian Civil Protection Agency stated the search is too much of a danger to the workers involved in the search and rescue efforts.

In the meantime, newspapers are reporting how Carnival Cruise Lines profits have dropped significantly, and their bookings of future cruises have significantly dropped. I personally find it offensive to be focusing on how this disaster has affected Carnival Cruise Lines' profits, when the entire focus should be on the victims of this needless tragedy.

The policies and procedures of the cruise ship companies worldwide will have to be examined now. We are already learning that companies are making sure that emergency practice drills are being performed before a cruise ship leaves port. In the case of the Costa Concordia disaster, we know that there were many passengers who never participated in a practice emergency drill before the tragedy occurred. This is a significant flaw in the procedures of the Costa Cruise Lines, as well as Carnival Cruise Lines. As the parent company, Carnival Cruise Lines should have made sure that all of their subsidiary companies operating cruise ships with millions of passengers onboard yearly, complied with all necessary safety procedures and policies. The performance of practice life saving drills after the cruise ship is already sailed simply makes no sense, as demonstrated by this needless tragedy.

Our firm continues to answer questions from many passengers and crewmembers who have contacted us following the Costa Concordia disaster to learn about their rights. We have answered many questions about the propriety of quickly filing a class action lawsuit in Miami, Florida, asking for millions of dollars. We have been asked whether this is offensive to some because this lawsuit has been filed by passengers who did not suffer significant physical injuries, or deaths. We have been asked whether this is the proper course of action to take at this time. We have advised that there is no need to rush to the courthouse within weeks of this disaster. In addition, this lawsuit will likely end up in Italy based on the passenger cruise ship ticket, or what's called a forum non-conveniens analysis.

Continue reading "Death Toll up to 17 in Costa Concordia Disaster" »