Articles Posted in Crew Member & Seamen Claims

In a bizarre situation, two cruise ship passengers onboard the luxury cruise ship the Reflection, operated by Celebrity Cruises, claimed that they were robbed of their winnings they accrued over two nights in the casino aboard the ship. Their winnings were actually quite astounding, totaling $1,030,000.00. The passengers stated they took the money to their staterooms after cashing in, and approximately an hour after they left, one of the passengers alleged he was attacked and robbed by two of the ship’s officers aboard the cruise ship, and $430,000.00 in cash was taken from the passenger who had put this money in the cabin safe. The other passenger became aware that his friend had been allegedly robbed and he was able to escape his cabin with the remaining $600,000.00 in profits earned at the casino.

Port authorities were summoned as the ship docked in Piraeus, Greece, and the two ship officers were arrested. The police found $430,000.00 in their possession.

This past Thursday, a fire broke out in the engine room of the MS Nordnorge, a passenger/ ro-ro cargo ship, while the ship was docked in Norway. City firefighters and crew members helped extinguish the fire. Although the ship did not suffer any serious damage, three of the crew members on board had to be treated for smoke inhalation.

norway-port-300x225I have reported many times on fires at sea and the dangers it creates to both the passengers and crew, as well as the damages it causes to the vessel itself, and the dangers it creates for those who come to the rescue or otherwise are in the vicinity of the fire, depending on how quickly the fire is detected and put out. Obviously, the number one goal is fire prevention, and then fire detection if prevention does not work,

MIAMI, Florida– Last Wednesday, a crew member who was working on board the Emerald Princess cruise ship was killed as a result of a gas explosion when the crew was re-inflating the ship’s lifeboats with a can of nitrogen. The Emerald Princess is a passenger cruise ship part of Carnival Australia and operated by Princess Cruises, that carries more than 3000 passengers and 1200 crew members on board its ship. What caused the explosion is unknown at this time. The accident caused the ship’s departure time to have been delayed about 18 hours, as WorkSafe officials investigated this tragedy on board the ship.

lifeboat-224x300Crew members are exposed to very dangerous and unsafe conditions, and unfortunately, almost every single year we hear about multiple accidents involving crew members. The gas explosion occurred while the ship was docked in Port Chalmers during a twelve-night cruise from Australia to different places in New Zealand. Our heartfelt condolences and prayers are extended to the family members of this Filipino crew member who needlessly lost his life while performing his scope of duties on the vessel.

MIAMI, Florida–Sometimes we do not think about what happens if there is a serious accident or injury when a cruise ship is at sea, and the injured person requires immediate specialized medical treatment, such in the case here for a Royal Caribbean crew member. The 20-year-old crew member suffered a serious spine injury performing her regular job duties on board the Legend of the Seas ship.

helicopter-199x300Various news reports discuss how difficult the evacuation proceedings were, which indicates the seriousness of the injuries, and suggests potential paralysis as a concern. Evacuations at sea are very difficult and normally will not be performed except in the most serious situations where the injured person is suffering a potential life-threatening condition, or a condition that must be treated immediately by the appropriate specialists.

MIAMI, Florida–Over the years, I have seen numerous accidents, many tragic, involving the lifeboats on cruise ships. In this particular incident involving Grandeur of the Seas, a Royal Caribbean cruise ship, fortunately nobody was on board the rescue boat. According to reports, one of the lifeboats broke loose and capsized when the cruise was docked in the port of Charleston, South Carolina. It is fortunate nobody was injured or killed.

lifeboat-300x226There have been several cases involving catastrophic injuries and death where a lifeboat that was being hoisted or lowered with a davit system plummeted to the water. Serious concerns as to the type of system, and the poor procedures regarding testing and inspections, as well as maintenance, have surfaced. Several of the cases involved the breaking of what is called the fall wire, which breaks upon the rescue boat reaching its top position and over exerting pressure on the wire over time. There is a device called a limit switch which is supposed to automatically stop the rescue boat or lifeboat from reaching its top position and over exerting pressure on the wire. It is this limit switch that has been reported to fail on multiple occasions, calling for immediate actions to address the problem, including replacing the davit and limit switch system.

MIAMI, Florida– A captain of the Spirit of Baltimore cruise ship was found to have fallen asleep while operating the passenger midnight party cruise this past summer. On August 28, the 119-foot passenger boat was carrying about 400 passengers when it crashed into two moored recreational boats and the floating pier at Henderson’s Wharf Resort Marina in Fells Point, Maryland.   The accident resulted in two passengers being hospitalized for injuries and about $100,000 in damages to the wharf.

baltimore-300x188A recent investigation by the Coast Guard investigators determined that the captain had been working other jobs that week and had not gotten much sleep. According to the Coast Guard investigators, the captain should not have been operating the boat at the time the accident happened.  This is the reason there are maritime regulations governing the number of hours a crew member, like a captain or a watchman, can be on duty without a certain amount of time in between for rest.  Additionally, there are international conventions that apply worldwide regarding the number of hours you can work without a break, and how much break there must be in between the next assignment.


MIAMI, Florida
–The sinking of the United States cargo ship El Faro, resulting in the loss of 33 mariners when the ship ran directly into the Category 3 Hurricane Joaquin, has been under investigation by the National Transportation Safety Board (NTSB). The cargo ship sank during a cargo run between Jacksonville, Florida and Puerto Rico. The voyage data recorder, similar to the black box aboard an airplane, was recovered. The ship’s data recorder, which recorded audio of the ship’s last 26 hours from microphones placed on the bridge, revealed conversations between the captain and the shoreside personnel, as well as conversations and comments from crew.

cargo-ship-300x225There still is no final conclusion reached by the NTSB as to the cause of this sinking, but the recent 510-page transcript reveal more about why this boating tragedy happened. Hurricane Joaquin clearly strengthened unexpectedly, and did end up taking a different track than anticipated. The captain apparently relied on conflicting forecasts to maintain his track during the voyage, not taking an alternative route. However, the investigation has revealed that weather conditions clearly deteriorated, and updated weather forecasts should have alerted the company and the captain that a change in the intended route of the vessel was required.

lifeboatThere is a big problem with rescue boats and lifeboats on board cruise ships. Although they are designed and intended to save lives, they too often result in losing lives due to mechanical failures. I previously reported about the tragic incident on the Norwegian Breakaway that occurred on July 20, 2016 in Bermuda. During a rescue boat drill on board the ship, the lifeboat broke from its tethering, falling into the sea. It has sadly been reported that another crew member, Ben Buenaventura of the Philippines, has died as a result of this tragic lifeboat accident. The crew member, after being in the intensive care at Jackson Memorial Hospital here in Miami Florida, passed away from his injuries.

The lifeboat on the Norwegian Breakaway crashed 50 feet from the upper deck into the seas. Under the maritime law, this constitutes unseaworthiness because obviously a rescue boat or lifeboat does not break away and fall 50 feet to the ocean if it is operated properly and in proper condition, unless there is a faulty design.

gavelIn a recent decision from the 11th Circuit Court of Appeals, Alberts v. Royal Caribbean Cruises, 2016 U.S. App. LEXIS 15502 (5th Cir. 2016), reflecting the pro-arbitration philosophy of the courts, seamen have been given yet another big setback in the pursuit of their right to a jury trial granted to them by the United States statute, the Jones act, 46 U.S.C. § 30104.

The case of Alberts v. Royal Caribbean Cruises involved a crew member working for Royal Caribbean Cruise lines, a Miami-based cruise ship company, who was a United States citizen and resident. There are not many United States citizens working aboard these foreign-flagged cruise ship companies. The crew member brought a case against the cruise line company pursuant to the Jones Act, which allows an employee to sue his or her employer for negligence. The Jones Act is a special grant of a party by Congress, enacted in 1920 to help protect workers on ships due to the unique nature of their employment.

lifeboatI have previously written about lifeboat accidents, safety boat accidents, and other types of rescue boat accidents, occurring with frequency on cruise ships. The most recent catastrophe has occurred on Royal Caribbean’s brand-new mega cruise ship, Harmony of the Seas. Unfortunately, I have handled many of these type of cases ranging from minor injuries to fatalities, as well as cases where the accident resulted in paralysis. Other lifeboat and rescue boat accidents have resulted in serious physical and psychological injuries.

I have determined that these accidents are occurring because of the faulty designs of the major safety equipment, inadequate maintenance, and a lack of proper procedures for conducting the safety drills. We had previously written about Royal Caribbean’s Harmony of the Seas, the largest cruise ship in the world. It measures about the length of four football fields, and is longer than the height of the Eiffel Tower, carrying 6,780 passengers and 2,100 crew members.

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