Maritime Injury Attorney Blog

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" »

I had previously reported about another incident involving a cruise ship worker that went missing while onboard a cruise ship named. Rebecca Coriam was working on a cruise ship operated by Disney Cruise Lines named the Disney Wonder. The 24 year old crewmember apparently made a mysterious phone call and then later disappeared without a trace.

It has been reported that at least 168 people disappeared from cruise ships and ferries in international waters since 1995, statistics provided by International Cruise Victims Association.

According to international maritime laws, typically the country where the ship is registered gets involved in the investigation. In the case of the Disney Wonder, the ship is registered in the Bahamas. Although a British citizen, the disappearance of Rebecca Coriam was investigated by police from the Bahamas. Rebecca's parents, rightfully so, have expressed shock and anger at the fact that the Bahamian police got involved in the investigation instead of American or British police. This has been a problem I have observed over the many years I have been representing passengers and crewmembers who have been victims of accidents and crimes onboard the passenger cruise ships. Most of these incidents happen in international waters, and involve ships that are registered for the convenience of the cruise line companies in a foreign country. There are often complex jurisdictional issues that get in the way of a prompt and adequate investigation being conducted. An example is the George Smith case, which involved a passenger who was on his honeymoon who went missing while on the Royal Caribbean Cruise Line ship the Brilliance of the Seas. The Turkish police authorities were the ones who got involved in the immediate investigation of the incident, and there were delays with the F.B.I. getting fully involved in the investigation despite the fact that George Smith was an American citizen. The investigation was highly criticized, and blamed by many experts as the reason why his disappearance was never solved despite there being strong evidence of his disappearance being related to foul play.

In the case of Rebecca Coriam, the Bahamian police have little incentive to conduct a complete and thorough investigation in a case involving a British resident. The only real connection to the Disney Wonder, or the company, with the Bahamas, is the fact that the Bahamas is used as the country to register the ships. The Bahamas are considered a flag of convenience for the cruise ship companies. Registering in the Bahamas is a big benefit to the cruise ship companies, and obviously a big benefit to the Bahamas that have all of these cruise ship companies paying money to register their ships in the Bahamas.

The parents of Rebecca Coriam pointed out that only a single police officer from the Bahamas got involved in the investigation. It was also pointed out that the investigator failed to interview any of the approximately 3,700 passengers and crew that were onboard the ship.

Continue reading "Parents of Rebecca Coriam Appear on CNN Demanding New Cruise Ship Laws" »

By: The Greenwich Citizen
http://www.greenwichcitizen.com/news/article

The disappearance of George Smith IV of Greenwich on his honeymoon cruise in the Mediterranean six years ago is the subject of a new book, "Man Overboard -- Inside the Honeymoon Cruise Murder (Lyons Press, $14.95)," by author Joan Lownds of Naugatuck, a former reporter for Greenwich Citizen.

To learn more about the author's book, her opinions about Smith's disappearance and her final conclusions about the case, the Citizen asked Lownds a few questions.

What were the major determining factors in your decision to state in your book title that George Smith IV was murdered?

I used the word "murder" in the book title based on several facts and sources. First of all, I don't believe that the FBI would have spent millions investigating the case throughout the world if they didn't believe foul play was involved. Also, Kevin O'Connor, the U.S. attorney, speaking for the New Haven FBI, described the case as "suspicious." Vito Colucci, the private investigator and former Stamford detective said he "believed right from the start that it's a murder case."

And there are simply and logically the facts of the case: there was a loud commotion in George Smith's cabin just before he went missing and then "a horrific thud" ­­-- as reported by the neighboring passengers, Clete Hyman and Pat and Greg Lawyer. And then there was a huge bloody stain on the awning below. Walter Zalisko, the vacationing former police chief of Jersey City, N. J., looked at the blood stain and concluded it was most likely a homicide. As Brett Rivkind, the lawyer for the Smith family said, "It doesn't take Sherlock Holmes to figure out there was crime there that night."

In your book, there is mention that Smith was carrying a good deal of money with him. Was this true to your knowledge and, if so, is there some thinking that money might have led to foul play?

This was rumor on the ship, that Walter Zalisko and other passengers had heard. But there is no proof of this.

What do you think is the most inexplicable or even outrageous aspect of this honeymoon cruise disappearance story?

I think it is both inexplicable and outrageous that passengers such as Walter Zalisko and Sheldon Sandler reported that George Smith's cabin was not "sealed off and contained;" and that the ship was reportedly not locked down when it docked in the next port of Kusadasi. This allowed passengers and crew to disembark, perhaps taking critical evidence with them. Brett Rivkind said Turkish police conducted a brief investigation that did not include the key ear witnesses, including Hyman and the Lawyers.

How many interviews did you do with family members who had lost someone on a cruise ship? Did you see any common threads in those cases?

I have done countless interviews with family members who lost loved ones on cruises, and also several with women who were allegedly raped on cruises. There was definitely a common thread. To quote Son Michael Pham, whose parents, Hue Pham and Hue Tran, went missing from a Carnival ship in May, 2004: "All of us had lost loved ones from cruise ships and all of us had no answers and the same story -- no witnesses, no surveillance tape, no motive and no help from the cruise line."

This was why the Smiths and the other families decided to from International Cruise Victims (ICV). As the Smiths said in their written testimony at Chris Shays' first Congressional hearing in Dec., 2005, "Please don't let George die in vain."

From the vantage point of those family experiences and what you have learned from the Smith case, how do you see the new Cruise Vessel Security and Safety Act best protecting passengers on cruise ships?

This new law, which takes effect Jan. 1, 2012, will protect passengers, I believe. The bill provides heightened transparency in crime reporting on cruise ships by establishing a "structure" between the cruise industry, the FBI and the Coast Guard, requiring each ship to maintain a log book recording all deaths, missing passengers, alleged crimes, and complaints about theft, sexual harassment, and assault.

The bill also mandates shipboard rape kits and that a trained forensic sexual assault specialist be assigned to each ship; and the establishment of a program by the U.S. Department of Transportation which provides FBI training for crew members in crime prevention and crime scene preservation, among other safety measures.

I think this will help make cruising safer, and I hope that the passage of this bill brings some solace to the Smith family and the other families of the victims. Maureen Smith has said that they have to be George's voice now, and I think they have made his voice heard, and in the process have truly helped others.

Bottom line question -- do you believe George Smith was murdered?

Yes, I believe George Smith was murdered, or I would not have chosen the title I did. As I mentioned, I do not believe the FBI would have spent millions investigating the case all over the world if they didn't believe foul play was involved. And the circumstances of the case seem "suspicious," as U.S. Attorney Kevin O'Connor said.

Associated Press reported a California man has pled guilty in a U.S. Virgin Islands court to drug dealing onboard the Royal Caribbean Cruise Ship the Allure of the Seas.

I recently did a blog about a man who pled guilty to going on a cruise with the intent to perform elicit sexual acts and in fact sexually molested a minor child.

I have also blogged about sexual assaults and rapes onboard cruise ships, as well as disappearances. The most famous case involving a disappearance of a passenger on a cruise ship is the George Smith case. I represented the parents of George Smith. It is believed he was the victim of foul play during a cruise. An ongoing F.B.I. investigation has not been closed regarding the circumstances and cause of his death. However, early reports reflected that there was blood found in his cabin, as well as outside on the awning area underneath his balcony. A passenger in the cabin next door heard loud noises going on in the cabin as if a fight had been taking place. The last people who were known to be with George Smith were other passengers who later were kicked off the cruise after allegations of a sexual assault against them surfaced.

What does that all teach us? I have been handling maritime personal injury and wrongful death cases, including cases involving disappearances, rapes and sexual assaults for almost thirty (30) years. We have learned that sexual predators can be on a cruise ship, as well as drug dealers. The cruise line often states they are like a floating city. This means that along with the analogy to a floating city, comes the recognition that each week there is a potential of 2,000 or more passengers from all over the country coming onboard, one or more who may come aboard with the intent to commit a criminal act. Of course, there is another potential 1,500 to 2,000 crewmembers from all over the world onboard the ship. The cruise lines have a limited ability to do thorough background checks on all of these crewmembers.

The cruise lines have historically kept from the public the number of crimes committed onboard cruise ships. It hurts their image. Most of the major cruise line companies have big public relations departments. Everyone has seen the commercials advertising the cruise ships as the "fun ship", and creating the image of a carefree and safe vacation. Most people think a disappearance or a serious crime aboard a cruise ship is virtually nonexistent. At least, that was the thoughts prior to the George Smith incident receiving national and international attention, and spurring Congressional Hearings into safety issues onboard cruise ships. Eventually, President Obama signed into the law the Cruise Vessel Security and Safety Act on July 27, 2010.

Continue reading "Crimes on Cruise Ships" »

We have all read about disappearances on cruise ships. The most well known case involves George Smith, who went missing on his honeymoon cruise on the Royal Caribbean cruise ship, the Brilliance of the Seas. George was on a honeymoon cruise with his bride, Jennifer Hagel Smith. They had just had a story book wedding. They were a beautiful couple. People said they were like the perfect couple that is on the top of a wedding cake.

How can someone go missing on a cruise ship, never to be found again? What follows such an incident in an effort to try to solve what happened? What are the possibilities of what can happen? Having represented the family of George Smith, who for the past six years have been seeking answers to what happened to George the night he was last seen in the cruise ship bar with his new bride and other passengers, we have experienced the horror and sorrow a family faces when trying to get answers. We have also handled several other cases where family members lost a loved one on a cruise ship. We have become all too familiar with the grief and sorrow of the family members and the last of closure they are able to get.

The Smiths had many questions as to what happened to their son. Where was his wife Jennifer when he disappeared? How did it happen? Was it a murder? Who was responsible? Why wasn't the FBI there sooner? Did the cruise line tamper with and cause the destruction of material evidence? These are questions the media addressed extensively following the disappearance. The case received national and international attention.

I will mostly discuss the George Smith case even though there have been many incidents of disappearances and people going overboard on cruise ships, never to be found. International Cruise Victims Association, a great organization composed of victims of crimes onboard cruise ships, as well as family members who have lost loved ones on a cruise, documents many incidents and discusses the frustration of victims and family members in trying to get answers to questions that arise after these terrible events occur. Kendall Carver, President of International Cruise Victims Association, lost his daughter when she disappeared aboard a cruise ship. He has never been able to solve the question of what happened to his daughter. The cruise ship company never reported it in time for a proper investigation to take place, and then the cruise ship company actually resisted his efforts to get information from the cruise, to help him solve the mystery. He had to hire his own investigator and spend thousands of dollars to get information, actually to find out that his daughter had disappeared during the cruise and the cruise line had sent her belongings to storage without reporting the incident. Kendall Carver appeared before Congress when I spoke and his experience in trying to get answers as to what happened to his daughter raised eyebrows in Congress and with the media and spectators. I was an invited speaker at the hearing that spearheaded further hearings which eventually led to the passage of cruise ship legislation called the Cruise Vessel Security and Safety Act, which was signed into law by President Obama on July 27, 2010.

Back to the question how to solve a case when a passenger does disappear aboard a cruise ship. The first thing is the prompt reporting of the incident to the authorities. Unfortunately, on a cruise ship, the proper authority to do the investigation is often a matter of uncertainty and debate, and as a result, valuable time is lost in the investigation. In addition, often times the authority that is contacted and who takes the lead may not really have the manpower, or the incentive, to conduct a thorough and appropriate investigation.

Continue reading "How to Solve a Cruise Ship Disappearance" »

Two years after Robert McGill, from Los Angeles, California, was escorted from the Carnival Cruise Line cruise ship Elation, he has pled guilty to the murder of his wife. Robert McGill now faces a maximum sentence of life in prison. He will be sentenced on November 8th.

It was two years ago that he was on a cruise with his wife, Shirley McGill. She was found dead in their cabin. The couple was celebrating Robert McGill's 55th birthday on the cruise.

Based on a news story out of San Diego, information obtained from court papers indicated that Robert McGill was "extremely intoxicated" and witnesses described him stumbling and barely able to walk. McGill had confessed to killing his wife in writing and also verbally to the ship's security officers and F.B.I. agents. F.B.I. agents had flown to the ship to investigate the death. An F.B.I. agent escorted Robert McGill off the ship and he was arrested in July of 2009. He had been married to his wife since 2003 and they were former high school sweethearts. He worked at Cash Risk Youths for the Los Angeles County Office of Education.

I have previously written about disappearances and crimes onboard cruise ships and the difficulty in proving what happened, which leads to the inability to prosecute anybody for a crime. In this particular murder onboard a cruise ship, not only was his wife's body discovered by the ship's personnel, but the husband has confessed to the murder.

While of course this is an isolated incident involving a criminal act by one spouse against another, there have been many disappearances and crimes reported which occurred onboard cruise ships, and they have received national attention over the years, especially following the disappearance of George Smith during his honeymoon cruise.

Continue reading "Husband Enters Guilty Plea for Killing Wife on Cruise Ship" »

Please read my blog about an article stating that sexual assaults on a cruise ship are 50 percent more likely than on land in Canada.

Our firm continues to be safety advocates for individuals harmed at sea.

USA Today reported that Princess Cruise Lines, which is owned by Carnival Cruise Lines, cancelled any visits by their ships to the port in Puerto Vallarta, Mexico for the remainder of the year. The reason being given is safety concerns. This move to cancel Puerto Vallarta as a port of call happens approximately three (3) months after Princess and other cruise lines stopped visiting nearby Mazatlan, Mexico due to safety concerns.

I have previously blogged about the cruise line's obligation to determine the safety of the various ports of calls it takes the passengers to, and to warn and guard against known risks in these various ports of call. The cruise line is in a much better position to determine the risks of certain ports of call, and this decision by Princess shows that this particular cruise line is taking some accountability for the safety of the passengers who may be taken to ports of call that have high crime rates.

I previously blogged about an incident where a passenger was shot and killed during gang violence in an area where it was very well known that there was a lot of gang violence. It was a known dangerous area the cruise line took the passenger into. A lawsuit was filed on behalf of the family of the deceased passenger alleging a failure on the part of the cruise line to warn of the dangers, and alleging negligence on the part of the cruise line for taking the passenger into a known dangerous area.

There are numerous reports and statistics of the high crime that is taking place in the ports in Mexico, which is a popular stopping point for the cruise lines. Princess is the first of the major cruise lines to cancel visits to Puerto Vallarta, and it remains to be seen whether the other cruise line companies will follow in the wake of Princess' move.

I give credit to Princess for taking into consideration the safety concerns of visiting Puerto Vallarta, and recognizing that those concerns outweighed the attraction of this particular port of call.

Our firm continues to be cruise ship and boating safety advocates representing those harmed at sea.

We had previously blogged about an incident involving a tourist duck boat being operated in Philadelphia that collided with a barge in the Delaware River in Philadelphia. The duck boat was carrying 37 passengers, and was overturned in the incident. ABC World News Reported on the incident on July 7, 2010.

This was not the first major incident involving a duck boat. In 1999 a duck boat had sank in Lake Hamilton in Hot Springs, Arkansas and killed 13 of 20 people that were onboard the boat.

Duck boats are interesting configurations, which were made famous as landing crafts in World War II. They are utilized by many of the local tour providers in the United States. You can see them navigating the street ways, as well as local waterways.

These amphibious vehicles are operating in various locations around the country.

In a press release dated June 20, 2011, the NTSB announced that they are having a meeting on June 21, 2011 at 9:00 a.m. to discuss the final report regarding the July 7, 2010 incident. The NTSB is charged in cases like this with the responsibility to conduct a complete investigation and issue findings of facts, probable cause for the incident, as well as issue safety recommendations. The findings of the NTSB become very significant in any litigation surrounding such an incident because although there are laws governing the admissibility of these reports which severely limit the admissibility of the findings, their findings and safety recommendations often times lead to the resolutions of any claims or lawsuits. The findings and conclusions do carry a lot of weight, and will lead to discoverability by all parties involved, investigators, attorneys, and experts, of significant information concern the cause of the incident and why the operator should be held accountable under the Maritime laws.

The Maritime law dealing with collisions on navigable waterways can be complex, and often times require utilization of Maritime experts who investigate the Rules of the Road and any violations by the vessels involved in the incident. Often times, a collision results in blame being placed on more than one vessel or boat. Under the Maritime laws, the blame for the incident in any lawsuit can be allocated by percentage of fault among the vessels involved in an incident. Often time a collision involving more than one ship or boat results in not only claims made by the passengers or crew involved, but also involves cross claims by the different vessel operators against each other. Most of the time the resolution is an allocation of fault among all involved. The injured passengers would be able to collect 100 percent of their award against any of the parties determined to be at fault under the Maritime law referred to as joint and several liability.

The law of collision further emphasizes the complexities involved in Maritime litigation, which is federal based judge made law in most part, with various federal statutes that may also apply. In addition, state law, including state statutory law, can be applicable in a Maritime case under certain circumstances. An experienced Maritime law firm will be able to sort throughout all the complexities and handle such matters.

Our firm continues to be cruise ship and boating safety advocates for those injured at sea.

Over the recent years, there has been increasing attention paid to criminal acts, including sexual assaults, that occur onboard the passenger cruise ships. Special attention was directed to the cruise ship industry after the disappearance of George Smith during his honeymoon cruise. The initial investigations suggested foul play as the cause of his disappearance, prompting an ongoing FBI investigation into the matter. The George Smith case, in which our firm represented his parents in an action against the cruise line company, involved his disappearance while the ship was in international waters. This led to some complex issues of which authorities had jurisdiction over the investigation. Initially, the Turkish authorities investigated the incident. They did a very poor job. There was a very quick and incomplete investigation.

The cruise ship company did their own internal investigation, including flying attorneys from Miami, Florida to the ship immediately to interview passengers and crewmembers. The cruise line delayed in reporting the incident to the FBI, which resulted in a delayed reaction by the FBI. Of course by the time the FBI got involved, the investigation became very difficult because critical evidence had been lost.

There were many allegations of improper handling of important evidence, and an improper investigation and cover up about the incident.

However, the incident did highlight the jurisdictional complexities involved in investigations of criminal activity that occur onboard cruise ships which travel through international waters, especially when carrying United States passengers.


Since the George Smith case, there have been Congressional hearings held which have addressed the complexities of jurisdiction, as well as the safety procedures onboard cruise ships. I was invited to speak as a maritime expert at Congressional hearings which addressed these issues. This resulted in addition, legislation which creating reporting requirements for certain crimes that occur aboard a ship.

Continue reading "Special Maritime Criminal Jurisdiction" »

ABC Nightline is doing a story about a thirteen year old who was raped aboard a Carnival Cruise Lines' passenger cruise ship during a family vacation. Sadly, sexual assaults and rapes occur aboard cruise ships with a much greater frequency than one would expect. I have been handling Maritime cases involving the cruise ship industry since 1983. I have watched the cruise ship industry grow tremendously. We all read about the new cruise ships that are being built that carry thousands of passengers. In addition to the thousands of passengers that must mix aboard the ship, there are the thousand plus crewmembers from all different countries who are onboard the ship. The sexual assaults that are reported often times involve a crewmember sexually assaulting a passenger. However, there are many reported sexual assaults involving a crewmember sexually assaulting another crewmember or a passenger sexually assaulting another passenger.

The cruise lines have become floating cities, with the dangers that are present in any city. The cruise lines often defend themselves by trying to point to crime statistics in big cities and compare them to the crime rates onboard their ships. The cruise lines argue that statistically the crime rate is much lower onboard a cruise ship. The cruise ship companies argue this demonstrates how safe a cruise actually is.

While I do not disagree that generally a cruise can be a safe and enjoyable vacation for the entire family, and that criminal activity, including sexual assaults, are not rampant aboard a cruise ship, the public needs to be aware of the dangers associated with cruising aboard a passenger cruise ship with such a large population of people from all different backgrounds and countries.

In the case reported by Nightline, a fourteen year old teenager was onboard with her parents. She reportedly was having trouble sleeping and decided to go by herself to an upper deck onboard the Carnival ship. A thirty year old Carnival Cruise Line employee from Indonesia then took her to an employee only area and raped her. When the crewmember was arrested sometime later, after actually being employed on another Carnival Cruise Lines' passenger ship, he initially denied the incident. After he reportedly did not pass a lie detector test, he then claimed the sexual acts were consensual. However, a fourteen year old teenager is below the age where one can legally have consensual sexual activity. This is called statutory rape.

Since the crewmember admitted to having sexual activity with a fourteen year old teenager, he was guilty of statutory rape. He was actually sentenced to prison and was serving jail time in Orlando, Florida. This is one of the rare instances where we hear about a crewmember being convicted for the crime of rape. One major cruise line previously remarked how it had never had anybody successfully prosecuted for a sexual assault aboard one of their cruise ships in over twenty-five years. This statement was made supposedly to support the assertion that sexual assaults were not occurring aboard cruise ships. However, we have been able to obtain statistical information regarding the number of sexual assaults and rapes that the cruise lines admitted to, which demonstrated that sexual assaults and rapes were occurring at a much greater frequency than anyone knew or expected, and yet there had not been a successful prosecution of any of the perpetrators of the crime. This did not demonstrate that the cruise lines were free of the problem of sexual assaults and rapes. Instead, it demonstrated how difficult it is to prosecute an individual for such a crime. The difficulty in obtaining successful prosecutions has been linked to the failure of the cruise lines to properly report and investigate alleged sexual assaults and rapes.

Continue reading "ABC Nightline to Broadcast a Story On A Rape Aboard A Carnival Cruise Ship" »

A California resident filed a lawsuit this week against Princess Cruise Line, which is owned by Carnival Cruise Lines. The victim alleges in a lawsuit that a year ago she was vacationing aboard the Island Princess going from Acapulco to Florida when a crew member assaulted her.

The man, whose name is unknown, grabbed the victim and then began to grope her and try to kiss her, all before forcing her to go to a deserted part of the ship. The victim then claims she tried to escape her assailant but he physically prevented her from doing so. Once he had her in a more secluded area, he allegedly trapped her against a counter top, hiked up her skirt and further touched her inappropriately. The victim then was able to push the crew member off and escape.

The passenger on the cruise ship who was assaulted claims that she was not only attacked, but that her assailant has a "prior, similar incident of misconduct" while being employed aboard one of Princess' other passenger cruise ships.

Tragically, this is not the first time someone has complained and reported being sexually assaulted aboard one of Princess Cruise Lines ships. A previous incident was reported in March of 2009 when the FBI arrested a waiter in Los Angeles. The alleged claim came when the waiter was charged with aggravated sexual abuse after the victim had wine with him and then was assaulted. In this incident the waiter was afterwards acquitted claiming that the act was consensual.

An astonishing study by professor Ross Klein from Memorial University in Newfoundland, Canada found that, based on statistics provided by the U.S. Congress, passengers are nearly at twice the risk of being sexually assaulted on aboard a ship then they are on land. The study also showed that nearly 70 percent of the sexual assaults reported are by crew members against passengers.

Continue reading "Woman Claims a Princess Cruise Line Employee with a History of Sexual Misconduct Assaulted Her" »

A lawsuit filed in Miami-Dade County Circuit Court alleges that Celebrity Cruises passengers went on a cruise without knowledge that the cruise line had been experiencing problems with the ship's propulsion system. Apparently, the problems were ongoing and the passengers were not told the problems could affect their cruise. The lawsuit also alleges had the passengers been fully informed, they would have cancelled their voyage.

The cruise ship involved is the Celebrity ship called the Summit, which was a 13-day cruise along the West Coast and to Alaska. The ship carries approximately 2000 passengers.

The lawsuit alleges there were several prior problems of breakdowns which resulted in cancellations and interruptions in other cruises. The lawsuit also alleges the ship had to be sent to dry dock for emergency/unscheduled repairs on several other occasions.

The issues will be whether the cruise line breached their maritime duties to the passengers by sailing with these ongoing problems and at the same time advertising that the cruise was a "premium" cruise. The passenger's expectations were that they were sailing on a ship that did not have any issues at all with any of its mechanical systems. To the contrary, the expectations are that everything was working properly and that the cruise would be a totally enjoyable and memorable, as the cruise lines advertise.

Since passenger claims against the cruise lines are governed by the maritime law and passenger contracts, the cruise line has asserted affirmative defenses to the lawsuit which include provisions contained in the passenger ticket. As our firm has reported, the cruise lines often times will escape liability by affirmative defenses such as the claims are barred by the time limitations contained in the ticket or waiver of liability found in the passenger tickets. An experienced maritime lawyer will immediately refer to the ticket when considering any potential claims against a cruise ship company.

Continue reading "Lawsuit against celebrity cruises for failure to warn about mechanical problems seeks class action status" »

It is hard to believe that it has been since July of 2005 that George Smith was reported as missing during his honeymoon cruise with his wife, Jennifer. Since his disappearance, the FBI has been actively investigating the cause of his disappearance. There were many issues that surfaced following his disappearance regarding how the initial investigation was conducted by the cruise line. It has also been widely reported that the Smith family were at odds with Jennifer Hagel. It is was reported that Jennifer Hagel was critical of the parents of George Smith because Jennifer Hagel said that the parents never took into the possibility that George Smith's disappearance could have been related to intoxication and taking prescription medications, not foul play.

From the beginning, the Smith family has suspected foul play which resulted in the disappearance of George Smith. Our firm represented the Smith family. We are very pleased to hear of the settlement agreement that the Smith family was able to reach after the case proceeded to the Probate Court in Connecticut following an initial settlement agreement that was obtained in the wrongful death case.

Once a settlement agreement was reached for the wrongful death, the Probate Court had jurisdiction to determine whether the settlement was a reasonable settlement. The Smith family openly criticized the initial settlement agreement. However, the Probate Judge ruled that the settlement was reasonable and approved the initial settlement agreement. The Smith family, through their probate attorneys in Connecticut, appealed the ruling of the Probate Court. Prior to any disposition on the ruling whether the Probate Court was correct in approving the settlement as being reasonable, a final settlement agreement was reached among the Smith Family, Jennifer Hagel and Royal Caribbean Cruise Lines, Ltd.

While this may end any litigation against the cruise lines for the disappearance of George Smith, the Smith family has made it very clear they will continue in their relentless efforts to get answers to their questions and do justice on behalf of George.

Our wrongful death firm is proud of our contributions in getting this case the public attention, as well as the attention of our United States Congress, showing the need to evaluate the number of the disappearances and other criminal acts occurring aboard cruise ships, as well as the need to address the Maritime laws governing the major cruise ship operators.

Continue reading "George Smith Family, Jennifer Hagel and Royal Caribbean Cruise Lines, Ltd., Reach a Final Settlement Agreement Arising Out of the Disappearance of George Smith " »

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.