Articles Posted in Recent Cruise Ship Passenger Claims

News outlets have reported that another cruise ship passenger has gone overboard during a cruise ship. This time a female passenger, age 46, reportedly went overboard from the Norwegian Cruise Line ship the Norwegian Star, last weekend. The passenger, a British woman, was found swimming in the waters approximately ten hours after falling overboard.   She was taken to a hospital and treated for exhaustion, but is in stable condition.

cruise-300x198We are pleased to report that this particular incident involving yet another passenger falling overboard from a cruise ship ended with a successful rescue of the passenger. This is not always the case. This particular passenger must’ve been a very good swimmer, and it is quite remarkable to have endured 10 hours in the water before being rescued.

Multiple Man Overboard Incidents Thus Far in 2018

According to one source, 17 people have reportedly gone overboard on cruise ships this year alone.. This continues to be a problem year after year. The problem caught the attention of Congress, who passed legislation requiring cruise ship companies to implement technology for an automatic man overboard systems designed to detect when someone goes overboard a cruise ship so that a prompt search and rescue can be initiated. The sooner a search and rescue effort is started, the more likelihood there is of saving the overboard passenger’s life. This case is yet another example that people can survive a fall from a cruise ship, and that it is possible to rescue a person who has fallen off the cruise ship if prompt detection and rescue efforts are made. Continue reading

People are often left to wonder what would happen if a medical emergency were to happen to them onboard a cruise ship.  Last week, a cruise ship passenger on board a Carnival Cruise Lines ship, which is based here in Miami, Florida, unfortunately had to find out.  A 66-year-old cruise ship passenger on board the Carnival Horizon reportedly suffered a stroke when the ship was approximately 80 miles from Atlantic City, New Jersey.   A daring medical evacuation, or medevac, was carried out by the United States Coast Guard by helicopter.

medevac-300x249Even though the cruise ship companies maintain procedures about medical evacuations, more often than not, we hear of  different scenarios where the cruise ship company failed to evacuate a passenger or crew member who was suffering a medical emergency in a timely manner, which resulted in serious harm or even death. This can be due to a variety of reasons. Medical evacuations from a cruise ship can be very expensive, and often times present a challenging endeavor getting a passenger or crew member off the cruise ship.

Yet another cruise ship passenger is reported to have fallen overboard Friday during an Alaskan cruise.This time, the passenger was onboard the MS Westerdam, a  Holland America Line cruise ship.  The passenger is reported to have gone overboard while the cruise ship was passing through the Glacier Bay National Park and Preserve in Alaska.

alaksa-300x225The passenger was initially determined to be missing at approximately 3:50pm when he did not show up for a scheduled doctor’s appointment onboard the ship. Reports state that the cruise ship company reported the passenger missing to the National Park Service officials at approximately 7:30pm after a ship-wide search. At that point a search effort started involving 15 people, three vessels and an airplane, but the passenger was never found.

News outlets have reported this week that a young Israeli couple on their honeymoon aboard the Allure of the Seas, a Royal Caribbean cruise ship, decided to try zip-lining during one of the ship’s port visits in Roatán, Honduras. What was intended to be the beginning of a long happy life together turned into tragedy as the result of apparent negligence on behalf of the cruise ship.

zipline-300x225While ziplining over a treetop canopy on July 5, 27-year-old Shif Fanken got stuck and stopped halfway down the cable when her husband, 24-year-old Egael Tishman, was released by staff members down the zip-line, resulting in a collision. The couple was rushed to the hospital where the husband died from his injuries. The wife is currently recovering in a hospital in Florida. The cause of the accident is still under investigation. At this time, the safety history and track record of the operator is unknown, nor do we know what knowledge the cruise ship company had previously gathered about the operator prior to the incident.

Our case, L.A., a minor, by and through his mother, natural Guardian and next friend, T.A., vs. Royal Caribbean Cruises, LTD., is getting national attention regarding the U.S. District Court  for the Southern District of Florida’s order denying Royal Caribbean’s Motion to Dismiss the lawsuit. The case involves a 13-year-old boy who was on board the Independence of the Seas, a  Royal Caribbean’s cruise ship, with his mother and brother.

Our client, along with a group of friends, was peacefully sitting and talking in a public library under the watchful eye of surveillance cameras. His mother and older brother believed the 13-year-old to be safe, as he was instructed to only converse with his group of friends and to remain in the public space. The family had read about the cruise ship company’s great safety and security record and felt safe under the hundreds of surveillance cameras throughout the ship. Like most passengers, she never thought that her child would be at risk for a sexual assault aboard the cruise ship.

Miami-based cruise ship attorney Brett Rivkind, who has been handling maritime cases for over 35 years, has three lawsuits pending involving multi-million dollar claims on behalf of cruise ship passengers, illuminating areas of potential danger for passengers.

br-pic-300x224The first case involves the sexual assault of a minor committed by adult passengers at approximately 2 a.m. in a public area of a cruise ship. The lawsuit alleges that the passengers were over-served alcohol to the point they were heavily intoxicated. The cruise ship employees permitted this and did not monitor their consumption nor their whereabouts after they left the bar.  The case, L.A. vs. Royal Caribbean Cruises, Ltd.,  alleges that sexual assaults are known to occur onboard cruise ships, often involving minors, yet passengers are not warned about these dangers. Passengers who are over-served alcohol become a danger to themselves as well as to others.

This past Sunday, another fire onboard a passenger ship occurred, this one off the coast of Port Richey, which is just north of Tampa, Florida. The fire broke about a half a mile from shore on a shuttle boat operated by Tropical Breeze Casino, causing all of the 50 passengers and crew members to jump overboard and swim to shore.  There were over a dozen passengers who were reported to have been injured and a 42-year-old woman who was killed.

fire1-300x225The 60-foot shuttle boat was on its way to the Tropical Breeze Casino Boat (a company also known as SunCruz at one time) when the captain noticed smoke. After noticing the smoke, the captain turned the boat back to shore.  On his way back, the boat started having engine problems, which had been reported even before the accident in question.  The captain then ordered all 50 people on board to abandon the ship and swim to shore. There was no time to even hand out life jackets. The water, which was 59-degrees at the time, combined with the Gulf breeze actually created a risk of hypothermia for the passengers, some of whom were found face down in the water and would have died had the rescue efforts not been so prompt.

I have written many times about the dangers associated with shore side excursions. The cruise ship companies continue to promote and sell excursions in foreign countries not governed by the same safety standards as the United States while sharing in the profit and then relying on the foreign company to operate the excursion.

tourboat-300x222Passengers are encouraged to purchase the shore side excursions directly from the cruise line under the false pretense that they have been vetted for safety and security.  Historically there have been many accidents as a result of dangers associated with foreign excursions and the poor safety history of the excursion companies endorsed by the cruise line.

br-pic-300x224I previously wrote about the tragedy involving a Mexican tour bus that flipped over while transporting Royal Caribbean and Celebrity cruise ship passengers to the Mayan ruins, and have recently spoken on both Channel 10 and CBS news regarding the safety of shore excursions. The cruise ship passengers involved in this tragic accident were on an excursion they had purchased from Royal Caribbean and Celebrity Cruises. Typically, as was also seen in this case, the cruise lines promote the different shore excursions, profited from its sales, and urge its passengers to purchase the excursion directly from them rather than any independent company. It is also typical that passengers believe that that the cruise lines have performed a thorough vetting process for the shore excursions, and that their safety is backed by the cruise company. The passengers reasonably believe the cruise ship company would be responsible for recovery against the cruise ship company under various maritime legal theories, depending on the facts and circumstances.

The initial report about the cause of the accident in Mexico is that the driver was speeding. I believe that was apparent based on the fact that the bus flipped over in clear daylight with good weather conditions, and that there were no other vehicles involved. The real questions are going to be the root causes, as I refer to them. It is vital to get down to the root causes as to why something like this happened, killing and injuring many cruise ship passengers. The questions then become why was the driver speeding, and what was the condition of the bus, the safety history of the company, and the history of that particular driver, among other things. It is my opinion that the root causes will lead back to actions or inactions on the part of the cruise ship company, who should be held liable for these serious injuries and deaths.

On Tuesday, at least 12 people died and 18 were injured when a tour bus carrying Royal Caribbean and Celebrity passengers crashed on an excursion to the Mayan ruins in Mexico. It was one of the deadliest cruise ship shore excursion accidents to have taken place. Ironically, I was interviewed by NBC news last Thursday about the dangers present when going on cruise ships and the obstacles to legal recovery when harm befalls a passenger traveling on a cruise.

cancun-300x226One of the cases we discussed is the case I am currently handling against Celebrity Cruises involving a horrible tour bus crash that occurred during a cruise-sponsored shore excursion in New Zealand. Celebrity promoted, marketed and sold tickets for this shore excursion, and even represented to the passengers that the cruise ship company only used the highest quality transportation services during the excursion. Our lawsuit claims that the bus driver was speeding and changing lanes frequently, and that the bus was poorly maintained and in bad condition, resulting in a horrible accident where the bus plummeted 100 ft. down a steep bank, severely injuring its passengers. Fortunately, no one was killed. After the accident, it was discovered that the transportation company employed by Celebrity had a poor safety record- a very similar prior accident resulting in a criminal prosecution due to an incompetent mechanic and faulty brakes.

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