Maritime Injury Attorney Blog

Disney Cruise line is the cruise line currently making headlines. A very disturbing story has been reported involving a sexual molestation of an 11 year old girl aboard the Disney Cruise ship, the Disney Dream, while in a Florida port. The disturbing news is that the incident was caught on a surveillance video and reported to the cruise ship company. Despite this, the ship sailed without reporting the incident to United States authorities. The cruise line waited to report the incident until the cruise ship arrived in Nassau, Bahamas, where the cruise ship is registered. A local 6 investigation out of Orlando, Florida reports that the incident was not reported until the following day, long after the ship had left the Florida port, suggesting that the cruise line intentionally allowed the 33 year old crewmember (suspect) to avoid any investigation and potential prosecution by United States authorities.

To further illustrate the disturbing actions of the cruise line, the story by the local 6 investigation team states that Disney first stated they did report the incident while the ship was still in port on August 5th. However, after they were confronted by local 6 and the Port Canaveral police, which established that they did not in fact report the incident while the ship was still in Florida, the cruise line then recounted on its story. The cruise line than admitted the incident was not reported. The story than changed, and Disney originally claimed their employees were not aware of the incident until the following day. Disney's next explanation was that what was reported to them was that the 11 year old had something happen to her to make her feel "uncomfortable", and therefore they were unaware that an actual crime had been committed.

Again, surveillance video and a confidential Disney Line security incident report obtained by local 6 suggests that this story is also false, according to the local 6 story.

Is this another instance of a cruise line trying to cover up a crime that occurred onboard their cruise ship? It surely appears that way.

This is why there has been movements to enact legislation setting forth strict reporting requirements of crimes onboard cruise ships, and giving these laws teeth by imposing fines and penalties for failure to comply with such laws. This is critical.

The Cruise Vessel Security and Safety Act was passed by President Obama to create mandatory requirements as to reporting of crimes. The cruise line industry appears to have caused some last minute changes to the language of the act to give them an additional loophole with respect to the disclosure to the public of criminal activity onboard cruise ships. This is currently being addressed, including by the International Cruise Victims Association.

Sexual assaults of minors are a concern to parents who take their children on a cruise ship. Everyone must be aware that they do occur, and take necessary steps to make sure their children are protected during a cruise. Any incidents must be promptly reported, and U.S. authorities should be immediately contacted when a crime occurs. Do not let a cruise ship company discourage you from personally reporting a criminal act directly to the authorities. In fact, the cruise line should provide you the necessary information to make sure that you can in fact personally contact the appropriate United States authorities to report a crime.

We will keep you posted on further developments regarding this incident.
The story reported by WKMG Local 6 out of Orlando is interesting reading regarding this matter and provides more details.

Our Miami Maritime law firm continues to act as safety advocates for crewmembers and passengers.

As reported by CNN News, another disaster involving a carnival cruise ship. Yes, the triumph again! CNN News reports:

One man is missing after winds blew a guard shack into the water and knocked the damaged Carnival Triumph cruise ship away from dock in Mobile, Alabama. Another man inside the shack has been recovered.

The Triumph was undergoing repairs after an engine room fire left it stranded at sea for several days in February. The ship was carrying more than 4,200 people, including 3,100 passengers, when the fire happened.

We will monitor the new about this recent disaster involving carnival cruise lines, and see how carnival explains yet another mishap that appears to have cost a person their life. We have seen reports that carnival is stepping up their maintenance and inspections in light of the repeated incidents involving their ships, including a ship that practically sank and ships that caught on fire. Should passengers on cruise ships be scared? I would be. Cruising does not appear to be as safe as believed.

We are also currently handling a carnival cruise line where a rescue boat plummeted 20 meters to the water during a routine lifesaving drill. The initial reports are this incident occurred was due in part to lack of proper maintenance of the safety raft, a rather important piece of equipment aboard a cruise ship!

Our firm is Miami based, and handles all type of maritime personal injury and wrongful death cases. Brett Rivkind has been handling maritime cases for 30 years, and was an invited speaker on maritime security and safety issues during major congressional hearings which eventually led to passage of the Cruise Vessel Security and Safety Act.

Protestors in Venice are trying to ban the large cruise ships from entering in and out of the Venice passage, which is only yards from the city's famous piazza, San Marco. Critics have stated that passage of these mega cruise ships poses a risk of environmental damage, as well as the fear of another Costa Concordia disaster which could destroy this historical city. There have been such criticism in the past of the cruise ships sailing in and out of Venice, but the recent Costa Concordia disaster has again brought into the spotlight the potential of enormous environmental damages, as well as the risk of an accident causing disaster.

The critics have been heard as the Italian government has been reported to be examining a new route for the larger cruise ships that visit Venice, which would divert them away from the San Marco area.

The recent protestors caused delays for several passenger cruise ships departing the city, e-trade insider reported. Among the cruise ships that were delayed by the protestors, were the passenger cruise ships, Costa Fascionsa, a 3,000 passenger vessel, the MSC Opera, a 1,712 passenger cruise ship, and the MSC Musica, a 2,536 passenger cruise ship.
The protestors formed in a flotilla of small boats and took to the waterways. Hundreds more lined the waterfront areas.

The images of the Costa Concordia lying on its side in the waters so close to the beautiful island of Giglio in Italy painfully reminds us of the dangers these mega cruise ships pose to their destinations if not properly regulated.

Our office continues to act as safety advocates for those injured or harmed at sea. We are presently representing passengers who suffered harm as a result of the Costa Concordia disaster. We continue to advocate for passenger safety onboard cruise ships and with respect to all aspects of boating. Boating safety is an important goal of each state's legislature. We have seen an increasing number of boating accidents in the Florida waterways, and a great number of accidents and fatalities relating directly to the consumption of alcohol while operating a boat or personal watercraft. There is growing awareness of the need to be aware of boating under the influence and regulating the operation of watercraft within each state. There was a national movement to create awareness of boating under the influence, and its dangers. The waterways continue to be a great way to enjoy yourself, but also can be extremely dangerous.

Accidents that occur on our waterways, including accidents that occur onboard cruise ships, are governed by maritime law. If a passenger is harmed during a cruise, the passenger will face very restrictive terms and conditions imposed upon them by the cruise ship company which are placed into the passenger ticket. A passenger should read very carefully their passenger ticket which outlines all the terms and conditions, including time limitations on bringing a claim for property loss, or personal injury/wrongful death.

It is good that in the recent years we are seeing an increase focus on the impact cruise ships can have on our environment. In the past years I've seen many instances of damages to our environment caused by cruise ships. There has in fact been significant penalties and fines imposed on different cruise ship companies as a result of causing environmental damages, and attempting to cover up their actions.

Let's hope the Italian government is successful in its efforts to keep these mega cruise ships from endangering such a historic and beautiful city.

On April 23, I wrote about how in March boaters in distress were ignored by the Star Princess.

One of the boaters, an 18-year-old named Adrian Vasquez, survived after 28 days at sea but his two friends died, one only hour after the cruise ship passed. Today it is being reported that the one survivor has filed a lawsuit against Princess Cruise lines for failing to assist, and just driving by.

In the lawsuit it is stated that several passengers aboard the cruise ship spotted the fishermen and notified a crewmember. Despite this information, the cruise sailed on. Vasquez supposedly waved a red T-shirt in hopes of getting attention from the cruise ship. He was clearly in distress. The engine of his fishing boat had failed.

Edna Ramos, the lawyer of Vasquez, says they have proof from witnesses that the cruise ship ignored the fishermen in distress. The lawsuit has been filed in Florida. Based on maritime law, "able vessels must assist those distressed at sea." Princess cruises is defending themselves saying the captain was never notified. According to a statement they released, "because of what we suspect was a case of unfortunate miscommunication, regretfully the captain of the Star Princess was never notified of the passengers' concern. Had he been advised, he would have had the opportunity to respond, as he has done numerous times throughout his career." What does not make sense is how the captain was never notified yet passengers informed a crewmember of the boaters in distress. According to a CNN article, "Vasquez's lawsuit seeks compensation for physical, emotional and psychological injuries that it alleges he suffered as a result of the conduct of cruise line employees."

On Saturday, the Italian cruise line Costa Crociere SpA announced new safety measures that would now be enforced on their ships. The cruise line will now "have real-time tracking of its ships' routes and will impose limits on its captains' absolute authority." These new safety measures are a direct response to the disaster in January with the Costa Concordia which killed 32 people. A major complaint of those aboard the Costa Concordia was that they had not received safety evacuation training to prepare them for any potential emergency. Now the Costa cruise line says it plans to give the training before the passengers even board the ship and that they will keep track of those who miss the training, offering make-up sessions to ensure everyone is prepared. In addition, Costa Concordia captain Francisco Schettino has been blamed for delaying the evacuation alarm in regards to when the lifeboats could be lowered. With then new safety measures, the captain will not be the only one able to issue the order.

Members of the captain's team will also participate in the decision. In addition, because as a result of the fact the Costa Concordia was directed so close to shore, an unauthorized diversion according to Costa, Costa said it was launching a fleet-wide monitoring system that allows the company to follow the routes of its vessels in real-time and pinpoint the exact location of each ship to detect any unexpected changes in course.

These safety measures were released at the same time Costa announced its newest 670-million addition, the Costa Fascinosa. This is now the largest Italian cruise ship, holding 3,800 passengers. In October another ship to join the Costa fleet will be built, holding up to 4,928 passengers. According to the Costa chairman and chief executive Pier Luigi Foschi, the newest Costa ship was needed to help the company in its recovery from their disaster in January. According to Foschi, "Costa has bounced back and booking volumes are back to the same levels recorded this time last year, ahead of our own expectations." Two bodies still remain unaccounted for from the Costa disaster and cleanup operations have begun. To read more about this matter, please see this article

Friday night "a small and short-lived engine fire" occurred aboard Royal Caribbean's Allure of the Seas. The ship was on its way back to Port Everglades from St Maarten when the fire broke out at about 7:45 p.m. The fire was immediately extinguished and no injuries were reported. In addition, the fire did not delay the voyage. Sadly this is not the first time this has occurred. During a hearing before the U.S. Senate last month following the Costa Concordia disaster, Ross A. Klein, PhD, who is a leading authority in the cruise area, testified saying that since 1990, 79 cruise ships have experienced a fire. Only a month ago another Royal Caribbean Cruise the Azamara Quest experienced a fire in its engine room which disabled the ship. In addition, the Costa Allegra also experienced a fire which left it floating in the middle of the Indian Ocean until it could be towed to the Seychelles.

Although none of the fires discussed above resulted in serious injuries or deaths, this is not always the case. Our firm previously represented the families from the Scandinavian Star who lost loved ones in a fire aboard a cruise ship. 159 people died.

As disasters happen, more safety rules and policies get developed. Sadly, it takes a disaster for the cruise line industry to act. Today, CNN travel reported that the cruise ship industry has adopted new safety policies in response to the Costa Concordia disaster.

In 2010 president Obama signed into law the Cruise Vessel Security and Safety Act this large was in large part spearheaded by a series of congressional hearings addressing cruise ship safety concerns which came to light after the disappearance of George Smith during his honeymoon cruise. My firm represented the family of George Smith. I also spoke at the congressional hearings as a maritime legal expert.

Our firm acts as safety advocates for those harmed at sea.

It was reported that a cruise ship passenger onboard the Star Princess is still haunted by images from a recent cruise in March aboard the passenger cruise ship Star Princess, owned by Princess Cruise Lines. The haunted images obviously are not what this passenger expected when taking a cruise onboard the Star Princess. I am sure the passenger expected to come back with lots of images, but of pleasant and beautiful experiences during the cruise.

However, the image that is haunting Judy Meredith is her observing boaters that were in distress in a small fishing boat in the open waters off the Pacific Coast of Panama. Judy Meredith, along with other passengers, were looking for seabirds. What they spotted was frantic gestures coming from a small fishing boat that was adrift a couple of miles away. Despite the passengers' efforts to contact the United States Coast Guard through the internet service onboard the ship, and despite reporting the distressed boaters to a crewmember, the passengers are trying to figure out how this large cruise ship failed to initiate any rescue efforts. The Star Princess kept sailing and made no efforts to rescue the distressed boaters.

A commercial fishing vessel then spotted the distressed boat near the Galapagos Islands, but only one survivor was rescued, an 18-year-old named Adrian Vasquez who was alive after 28 days at sea. It was reported that his two friends had died, and sadly, one died only hours after the cruise ship passed.

The cruise ship passenger, Judy Meredith, stated it so well. She was quoted: "This has already been weeks now, and we're just sick about it. It's like you're in a car and you see somebody bleeding in a big car accident and somebody else driving the car won't stop. You see it, you're just haunted by it."

Princess Cruises, which is owned by Carnival Cruise Lines, has issued a statement blaming a "breakdown in communication in relaying the passenger's concern." Princess is taking the position that the bridge was not notified by the crewmember the passenger reported to. Princess said that the captain, Captain Edward Perrin, and the officer on watch, would definitely have taken action if they had been properly notified. Princess stated it has "deep regrets" about the two men who died.

As stated, Princess is owned by Miami based Carnival Corporation, the same company that owns Costa Cruises. This is another in a string of problems that have struck the company in recent times. Will this result in a crumbling of the Carnival empire? MOST LIKELY, NOT.

It's important to note that international law requires that the cruise ship company attempt to rescue these boaters. Specifically, Regulation 33 of the International Convention for the Safety of Life at Sea (SOLAS) Chapter V states:

The Master of a ship at sea which is in a position to be able to provide
assistance on receiving a signal from any source that persons are in
distress at sea, is bound to proceed with all speed to their assistance, if
possible informing them or the Search and Rescue Service that the ship is
doing so. If the ship receiving the distress alert is unable or, in the special
circumstances of the case considers it unreasonable or un-necessary to
proceed to their assistance, the Master must enter in the log-book the reason
for failing to proceed to the assistance of the persons in distress, taking into
account the recommendation of the Organization to inform the appropriate
Search and Rescue Service accordingly.

Princess Cruises has also responded to questions about this law dealing with rescue by stating the following:

"We all understand that it is our responsibility and also the law of the sea to
provide assistance to any vessel in distress, and it is not an uncommon occur-
rence for our ships to be involved in a rescue at sea."

Prince claims to have been involved in more than 30 rescues in the last 10 years.

A representative of the U.S. Coast Guard District 11, which would cover the Pacific waters, indicated that no messages were received from the cruise ship or any of their passengers regarding the boaters being spotted while they were in distress.

Our Miami based maritime law firm represents passengers and crewmembers in personal injury and wrongful death claims against cruise ship companies. We also handle all types of boating accidents.

It was reported that today, March 30, 2012 a fire broke out aboard the cruise ship Azamara Quest. It's reported that the fire happened at approximately 8:19 p.m. on Friday.

Azamara Club Cruises, who operates the Azamara Quest, issued a statement saying: "On Friday, March 30, at approximately 8:19 p.m. ship time, Azamara Quest experienced a fire in the engine room. The fire was contained to the engine room and was quickly extinguished."

It is reported that there were no injuries to any passengers. The captain mustered all the guests at their assembly stations. It was reported that the cruise ship was operating on generator power until full power could be restored to the engine room.

I am sure the passengers were frightened and alarmed learning of a fire breaking out on the cruise ship. In view of the recent Costa Concordia disaster, we have been seeing a lot more publicity about problems on cruise ships, including fires. A fire onboard a cruise ship is not an unusual occurrence. It happens more than one would expect.

In addition, we have also learner that crimes onboard cruise ships happen at a much greater rate than previously known or expected, including sexual assaults. If you add to the problems on cruise ships the disappearances of passengers, the Costa Concordia disaster, fires, and the numerous other accidents reported onboard cruise ships, one does start to wonder just how safe these modern day cruise ships really are.

Luckily, at least as reported at this time, there were no injuries onboard the Azamara Quest.

We remain saddened by all the deaths that occurred onboard the Costa Concordia and what clearly was a needless disaster. One thing is clear, the cruise ship industry needs to be better regulated, and laws need to be changed to hold the cruise ship companies more accountable for personal injuries and wrongful deaths.

I will continue to fight for better laws which will provide greater protection and compensation to those injured or harmed at sea. Previously, I was honored to have been selected to testify at Congressional Hearings regarding cruise ship safety. I was invited as a maritime expert to present testimony on maritime laws and address questions relating to safety aboard cruise ships. Eventually, the Congressional Hearings led to passage of the Cruise Vessel Security and Safety Act, which was signed into law by President Obama. Although that was a positive step, the law does not appear to have enough teeth in it, and we haven't seen a lot of benefits from the enactment of the law. The International Cruise Victims Organization continues to press the Congress and the F.B.I. to make sure that the provisions in this safety act, including appropriate reporting of crimes onboard cruise ships, is complied with by the cruise ship industry. Most of the major cruise ship companies are based in Miami, Florida.

Our maritime firm is based here in Miami, Florida, and we continue to be safety advocates for people who are injured or killed at sea.

I reported that on Wednesday, February 29, 2012 the House Transportation and Infrastructure Subcommittee on Coast Guard and Maritime Transportation held a hearing to look into the Costa Concordia disaster. The hearing was stacked with witnesses who were friends of the cruise ship industry. The hearing was reported as being nothing more than a forum to praise the cruise ship industry, not critique it as it deserves.

Today, March 1, 2012, the Senate Commerce Committee held their hearing entitled "Oversight of the Cruise Ship Industry: Are Current Regulations Sufficient to Protect Passengers and the Environment?"

Chairman Rockefeller started off with a critical line of questions directed right at Christine Duffy from CLIA dealing with why the cruise ship industry can avoid paying U.S. taxes despite making millions of dollars in profits each year while relying on over twenty United States Federal agencies for assistance every time their industry runs into trouble. When asked if she thought this was fair, Ms. Duffy did not have a good answer for the Chairman.

I was a little disappointed to hear that Chairman Rockefeller only briefly discussed the Death on the High Seas Act and other maritime laws that result in passengers not getting adequately compensated for injuries and deaths.

Reports indicate that Senator Amy Klobuchar did take the opportunity to question Ms. Duffy about the Death on the High Seas Act. Although she avoided answering the questions during the hearing, she was requested to submit her answers in writing about what impact DOHSA has on surviving members not sufficiently compensated when their family members are killed aboard cruise ships. These written answers must be submitted for the record.

Ross Klein, who maintains statistics on crimes and disappearances on cruise ships, and often times critiques the cruise ship industry, testified. He did discuss the unfairness of the Death on the High Seas Act, and also discussed the cruise ship companies' use of mandatory arbitration clauses as "job killers for Americans" because they create a disincentive to hire American workers.

I was glad to hear that this particular hearing before the Senate focused more on the true issues that must be looked at - at this time, instead of simply acting as a forum for the cruise ship industry to promote themselves.

There is a link to read the witness testimony and view a webcast of the hearing.

In addition, USA Today News issued an article called Senator Rips Costa Concordia's Parent Company on Taxes.

A very interesting piece of information provided by Senator J. Rockefeller at the hearing when he was questioning the nonpayment of taxes by the cruise ship companies, is found in the USA Today article. Senator Rockefeller was quoted as stating: "The fact is that 1.1% in five years, $11.3 billion in profits is absolutely unthinkable to me," Rockefeller stated. "We're not very happy when they don't pay taxes. To me, it's amazing."

It is amazing that the cruise ship companies enjoy such favorable laws yet continue to lobby Congress on a yearly basis to escape legal liabilities to passengers and crewmembers when their negligence causes injuries or death.

We know that in the wake of the Costa Concordia disaster there's a lot of pressure on Congress to do something, as well as a lot of pressure on the cruise ship industry to show that they are stepping up to the plate to address the problems. The Congressional Hearings are a good platform for both Congress, as well as the cruise ship industry, to at the very least create the appearance that things are being done to address the problems and make the necessary changes. Only time will tell whether this powerful cruise ship industry can be slowed, and whether new safety laws and regulations will in fact be implemented that carry with them the appropriate mechanisms and incentives to make sure they are enforced and followed. There has been a lot of criticism of the Cruise Vessel Security and Safety Act which was passed after the previous Congressional Hearings addressing cruise ship safety. Some of the criticism is that those particular hearings were prompted by public opinion and the pressure to address problems that existed at the time, but once things calmed down the focus turned away from the cruise ship industry and the legislation that was passed did not have much positive impact. I truly hope this is not the case again. I respect our Congress of course, and truly hope that the cruise ship industry, and their powerful lobbying efforts, will not be sufficient to defeat passage of positive safety laws and legislation, as well as to defeat efforts to do away with the archaic maritime laws that deprive passengers and crewmembers of fair and just compensation when they are injured or killed due to the negligence of a cruise ship operator.

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

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? " »

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.

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.

Miami attorney Brett Rivkind was discussed in a recent news account of the Costa Concordia in Ireland. The Ireland paper discusses how it has experience with a prior disaster involving an Ireland citizen who died during a cruise onboard a Costa cruises lines cruise ship. The death involved Lindsay Obrien, who was only 15 years old when she went on a cruise with her family aboard the Costa cruise ship the Magica.

Lindsay was served alcohol aboard the ship despite being a minor, and was reported to have fallen off the balcony railing on the cruise ship. The case was handled by Miami maritime lawyer Brett Rivkind. Brett Rivkind is also handling cases involving the Costa Concordia, and has been interviewed by major news stations, including CBS evening news.

The Ireland article brings back the memory of Lindsay O'Brien and the tragedy that occurred. The Costa Concordia is a painful reminder of another Costa cruise lines disaster resulting in death.

Brett Rivkind continues to act as a safety advocate for both passengers and crew harmed at sea.

Costa cruise lines has issued a statement admitting the captain was too close to shore, and that he did not follow appropriate procedures for an emergency situation.

The captain has been arrested, and the first officer is also being detained. Authorities in Italy confirmed the captain did abandon the ship before all the passengers were evacuated.

The captain has said the rocks were not charted, but it is reported the area in question is know for the rocky sea bottom and was in fact well charted.

At least five people have been confirmed dead.

The captain was a safety officer with Costa and then became a captain. His background and qualifications have not been released yet.

Costa did defend the crew, saying they acted appropriately in the assistance of the evacuation of so many passengers under such stressful conditions.

Passengers described the situation as chaotic, and likened the situation to the Titanic disaster.

Our firm continues to act as safety advocates for those harmed at sea.

CNN has just announced that the captain of the Costa cruise line cruise ship, Costa Concordia, has been arrested and is being investigated for abandoning ship and manslaughter.

The cruise ship, for some unexplained reason, struck a large rock in shallow waters off the coast of Tuscany, and this massive cruise ship is now laying on its side submerged in water. Three people are dead, two passengers and one crewmember. Many others are missing.

The captain is being heavily criticized for not only being in such shallow waters, known for its rocky sea floor, but for failure to start emergency evacuation procedures. Instead, the passengers were told there was an electrical problem.

Passengers described the situation as chaotic. Fear and panic spread rapidly. The ship leaned to one side and passengers were frantically trying to find their way to life boats in the dark. Some were reported to have jumped off the ship.

I am continuing to monitor the situation and reports as they come in, and my client, a cruise ship captain, is providing his insights into the situation which I will share with my readers.

I continue to act as a safety advocate for those harmed at sea.