Articles Tagged with the Death on the High Seas Act

There is a report of yet again another passenger on a cruise ship reported to have gone overboard, and not found. The latest involves a 32-year-old male from Georgia, a passenger on the Carnival Liberty cruise ship, a Carnival Cruise Line ship, who reportedly went overboard in the early morning hours of Friday, April 7, while the vessel was in Bahamian territorial waters after having left Cape Canaveral, Florida.

carnival-liberty-300x225At this time, the reports are that the United States Coast Guard was participating in the search and rescue efforts, as it does involve a United States citizen, and the ship did depart from the United States port. The Bahamian maritime authority will also get involved since the incident did happen in Bahamian waters.

Statistics that are available indicate there have been a number of passengers who have been reported to have gone overboard on a cruise ship this year alone. Just two weeks ago, we reported on another carnival passenger who fell overboard from the Carnival Victory ship.

MIAMI, Florida–Another passenger has been reported to have fallen overboard from a cruise ship. Unlike the latest tragedy aboard the Carnival Elation, this story ended successfully. According to news reports, a cruise ship passenger aboard Princess Cruises’ Sun Princess fell into Pacific Ocean when the ship was between Brisbane and New Caledonia at around 4 p.m. this past Friday. The ship was on an 11-day cruise from Brisbane, Australia. Once the “man overboard” announcement was made, the ship turned around in hopes of finding the woman. Life rings and a lifeboat were deployed into the water, and about 45 minutes later, the woman was located by the lifeboat and brought back aboard the ship. There are no details as to why she fell overboard and whether the ship had a man overboard system in place. It seems like either someone spotted the woman falling overboard or the ship did have some sort of system in place because of the quick turnaround time between when the woman was reported overboard and her successful rescue.

ocean-195x300With the increasing number of passengers or crew members being reported going overboard from a cruise ship, even two man overboard incidents in one week, the news of such events occurring is not as shocking as it used to be, but obviously still is alarming as ever. On Ross Klein’s website Cruise Junkie, a site that keeps track of cases involving people going overboard on cruise ships, this high number of overboard passengers and crew members is illustrated. This most recent case on the Sun Princess, along with Ross Klein’s statistics, again points to the need for the cruise lines to step up to the plate and comply with the legislation requiring man overboard systems to be installed on the cruise ships. Clearly whatever system cruises currently have in place is not enough.

On a side legal note, most of the cases we hear about where a passenger goes overboard and is never found, results in little or no recovery against cruise ship company because of a law called the Death on the High Seas Act. Most cases happen when the cruise ship is outside the territorial waters of the United States, which triggers the application of the Death on the High Seas Act. This statute unfairly eliminates any recovery for the surviving family members for their mental anguish, grief, and emotional distress, which is referred to as non-pecuniary damages. The Death on the High Seas Act limits recovery to pecuniary damages, which many times will not be substantial, allowing the cruise ship company to escape responsibility. This is a law that is archaic and needs to be changed. Holding the cruise lines accountable if there is negligence, including failure to follow laws requiring implementation of man overboard systems, provides the additional incentive to make cruise ships safer for all. Instead, making companies more responsible under our system of law has been eliminated in the cruise ship industry by applying the Death on the High Seas Act

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