Cruise Ship Excursion

Published on: May 14, 2019

Seaplanes collide in mid-air during Alaskan cruise shore excursion resulting in multiple Princess cruise passengers’ fatalities – Did the pilots violate the See and Avoid rule?

According to reports, half a dozen Princess Cruise passengers have died in a horrific mid-air collision incident. The tour – Misty Fjords National Monument by Seaplane (with Wilderness Landing) – was booked through Princess Cruises, either on board or on Princess Cruises’ website.

Photo from Taquan Air’s website – Taquan Air was involved in the mid-air collision over Alaska on May 13, 2019

The investigation into the circumstances and causes of the collision are already under way with teams from the Coast Guards, the FAA and the National Transportation Safety Board already on scene.

Published on: July 12, 2018

Cruise passenger fatally injured during zip line shore excursion incident in Honduras

By Leesfield Scolaro

zipline-300x225 Awful cruise line news broke last week about a newlywed couple who collided with each other during a zip line tour in Roatan, Honduras, resulting in death and injuries. The individuals involved in the incident, an Israeli couple, were celebrating their honeymoon with a cruise vacation on Royal Caribbean’s vessel Allure of the Seas. Sadly, it is a scene repeated all too often.

Cruise lines, which form a $40 billion dollar a year industry, derive substantial profits from shore excursions which they market and sell to passengers as part of the cruise vacation experience. Passengers should be very cautious before deciding to go on a cruise sanctioned shore excursion, as many of the basic safety standards and regulations mandated in the United States go absent or unenforced in foreign cruise ports of call.

In the last few years there have been many injuries and deaths from zip lining incidents during a cruise line shore excursion. In fact, several such incidents have occurred before in Roatan, Honduras. In 2015 a passenger on Royal Caribbean’s Navigator of the Seas was horrifically injured while zip lining in Roatan on a zip line that was negligently operated with too much slack in the line. In 2009 a passenger on a Norwegian Cruise Line vessel plummeted to her death when a zip line cable in Gumbalimba Park, Honduras, snapped in mid air. There have been many other instances of death and injury from zip lining in other foreign ports of call, normally from faulty equipment and excursion operator error.

Published on: December 29, 2017

When Cruise Excursions Go Wrong

By Leesfield Scolaro

Cruise lines and recreational activity providers market their products as gateways to fun and adventure, but when injury occurs, they will vigorously fight to avoid liability. But there are ways to overcome their defenses.

By Ira H. Leesfield and Adam T. Rose

Outdoor recreation is a titanic industry, enticing millions of people annually to travel close to home or pack their bags for a faraway adventure. Entrepreneurs across the world capitalize on their regions’ natural beauty and create exotic excursions to attract vacationers. Meanwhile, corporate powerhouses—major resorts and cruise lines—recognize the allure of exciting experiences in unfamiliar environments, and they aggressively advertise and oversee these adventures. But when tragedy strikes—such as jet ski crashes, scuba diving drowning, all-terrain vehicle accidents, etc.—the same tour operators and vacation providers who courted your client fervently try to avoid accountability.

Published on: December 19, 2017

A History of Tragic Bus Accidents Involving Cruise Passengers

By Leesfield Scolaro

Tour-bus-crash-01 With the main cruise ship companies based in Miami, Leesfield Scolaro has represented countless families of cruise passengers who lost their lives or who were gravely injured while on a cruise excursion. Whether a son killed in a bus accident in front of his parents on their way to an excursion, or a mother fatally injured and daughter sustaining extreme brain damage during a parasailing excursion, or a husband drowning during a snorkel excursion, the pattern of negligence is often the same in each and every case. Cruise lines will advertise their ships as the safest floating cities on the planet, but the truth is the excursions cruise lines select for their passengers are less than safe, if not downright dangerous.

Cruise lines will sell excursions to their passengers, either during the booking process on the internet, or directly on the ship. Excursions represent a major selling point and entice most passengers to purchase excursions as a way of visiting far away countries and islands while the ship is docked. Unfortunately, passengers are led to believe that cruise lines are in charge of running these excursions and maintaining the equipment pertaining to, or the transport to and from a cruise excursion. However, that cannot be further from the truth.

In the last 24 hours, Royal Caribbean (owner of Celebrity Cruises) has confirmed that several cruise passengers (Celebrity Equinox & Serenade of the Seas) were fatally injured in a bus crash in Eastern Mexico. The bus company selected by Royal to transport its passengers, Costa Maya Mahahual, confirmed that they had just picked up passengers who had boarded off two cruise ships that had just docked in the coastal town of Mahahual. The excursion sold by Royal was a guided tour of the Mayan Ruins located in Chacchoben, which is approximately 100 miles west from the port.

Published on: August 18, 2017

More cruise ship injuries, deaths and incidents as safety practices become more lax.

By Leesfield Scolaro

The cruise ship industry is plagued by norovirus and other multiple claims of sickness and illness from unsanitized standards and crew practices. Fortunately, those incidents are often temporary and transient. However, in an effort to aggressively compete, each major cruise line has made their ship a “recreational or theme park” resulting in more serious injuries, drowning accidents and deaths on board and through excursion packages.

Where is the ship that doesn’t have tennis and basketball courts, Jacuzzis, water slides and an entire array of poorly planned and non-supervised activities to keep passengers fully occupied. “The experience is no longer the cruise, but rather the activities aboard the cruise ship,” according to noted maritime lawyer, Ira Leesfield. An online search of the diverse and dangerous activities for each vessel does not reveal the failure to provide lifeguards, safety officers and crime deterrent, uniform and non-uniformed cruise personnel.

Recent rise in cases through the cruise industry is commensurate with the tremendous increase in the number of passengers and the obvious profit incentive of shepherding the largest number of passengers with the smallest number of staff.

Published on: February 26, 2015

Wrongful Death of Theresa Meuers during a Cruise Shore Excursion in Belize

By Leesfield Scolaro

Last week, Theresa Meuers was untimely killed in a horrendous motor vehicle accident that occurred on George Price Highway in Belize. You may read Theresa’s obituary published in the Star Tribune.

That day, in the late morning hours, Theresa and Sam Schulte, her companion, were in the back seat of an SUV driven by Tour Guide, Leon Rodriguez (some have reported that the driver’s name is Leon Garcia of Big John’s Tours.) Before noon, Rodriguez overtook an 18-wheeler that was transporting oranges, and several seconds later returned in the same right lane. At this point, there are different witness accounts, mainly from Rodriguez, and the driver of the truck, Miguel Angel Arriaga. Rodriguez told the authorities that he slowed down to make a right turn, while Arriaga said that Rodriguez came to a complete stop in the middle of the road, with no turn signal indicating he was going to make a right. Arriaga told Police that he was unable to stop the truck in time and he rammed the 18-wheeler into the rear of the SUV at great speed.

Theresa and Sam were both stuck in the completely destroyed SUV for almost one full hour before an ambulance arrived at the scene of the accident. They were both taken to the hospital, but Theresa did not survive her injuries and was pronounced dead at the hospital later that day.

Published on: April 16, 2013

Navigating the Obstacles Created by Cruise Lines in Shore Excursion Tragedies

By Leesfield Scolaro

Article written by Robert D. Peltz and Carol L. Finklehoffe of Leesfield Scolaro, P.A. Published in the Massachusetts Academy of Trial Attorneys Journal.

The allure of exotic foreign ports and exciting new excursions form the centerpiece of the advertising campaigns of cruise lines, whether in the broadcast, print or electronic media:

• Parasailing in St. Thomas • Zip lining in Costa Rica • Snorkeling in the lagoons of Bermuda • Jungle trekking by ATV in Cozumel • Alpine hiking on Alaskan glaciers • Driving the scenic mountains of Tortola • Learning the secrets of the cooks of Caribbean by visiting local villages in Dominica • Visiting the Mayan ruins at Tulum

Over the past decade, the number of passengers cruising with North America’s largest cruise lines has literally exploded. According to industry figures, the number of passengers has dramatically increased from 9.5 million in 2003 to over 16 million passengers forecasted to cruise in 2012. As the industry itself is quick to admit, at least to its shareholders and tour excursion partners, the continued development of new and existing excursions has played a major role in this growth.

Nevertheless, at the first sign of an excursion gone awry, the cruise lines have been quick to try and disassociate themselves from responsibility for their own creations. In an effort to insulate themselves from liability, the cruise lines have utilized a system of disclaimers, which attempt to hide the true character of their relationships with their tour operating partners. These disclaimers are typically buried in the fine print in the passenger’s ticket of passage and in self-serving statements inserted into the cruise lines’ contract’s with their tour operators.

There is typically a wide divergence, however, between these self-serving statements and the facts on the ground when it comes to describing the cruise lines actual relationship with its excursion partners. Overcoming these inaccurate self-serving and inaccurate descriptions contained in the carrier’s written and electronic materials therefore typically becomes the first order of business.

Click here to read more about out firm’s cruise ship litigation practice

Contrary to these disclaimers, the most accurate description of the relationship between the carrier and its tour operating partners is best characterized by the joint venture. Nevertheless, because of the degree of control maintained by the carrier, various other agency relationships are equally as applicable in most cases. This article will discuss the nature of these various relationships, strategies for holding both the carrier and tour operator responsible for their conduct and the discovery which will be helpful in the process.

Holding the Tour Operator Responsible

Although most of the attention in excursion cases is typically focused on holding the cruise line responsible for its negligence, it is important not to overlook the case against the tour operator. Sometimes, one gets lucky and the tour operator is located in the U.S. Virgin Islands, Puerto Rico or some other domestic location. Most of the time, however, that is not the case. Nevertheless, that is not reason for despair.
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Published on: July 25, 2012

36 Cruise Passengers involved in bus accident on way to cruise excursion

By Leesfield Scolaro

Royal Caribbean-operated cruise ship, Freedom of the Seas, was in the middle of a 7-night Caribbean cruise originating from Port Canaveral, when it stopped in Pic Paradis, St. Martin.

As is customary, passengers are invited to spend their dollars on cruise excursions while the ship is docked for several hours in the island. One of those excursions is the Loterie Farm Treetop Adventure Tour, which consists of a treetop ropes course and zipline adventure. Passengers had to board a bus, operated by Dutch Tours Enterprises N.V., from the dock to gain access to the location, and that is when an incident happened, in the words of Matt Stead, a Freedom of the Seas passenger present on the bus:

“Just after we went through the Loterie Farm gate we felt the driver hit the brakes, but no brakes and then the bus just started careening down. About half way down we hit a speed bump and everyone hit the ceiling and then the bus just continued rolling down the hill. There was a guy driving coming up the hill while we were going down so we ran into him, flipped that vehicle over and then ran straight down into the ditch. Tree branches got into the bus and many people received whip lashes from the branches. Everyone was screaming manically, we thought we were plunging to our deaths but the tree saved us.”

Another Freedom of the Seas passenger wrote in a message board: “I was on the bus sitting front row, directly behind the driver. My twin boys were sitting front row on the passenger side … It was the most frightening experience of our lives and one which will haunt us forever. I got seriously banged up and required stitches, as well as one of my sons. Had I not dove over to protect them and absorb their impact before we hit, they would have been much more seriously injured. How no one was killed is a miracle.”

From these two accounts as well as multiple others, it seems that passengers feel the driver was negligent in his operation of the 49-seat tour bus, or possibly that the bus itself had not been maintained properly when its brakes seemingly failed at the worst time.

What is also customary is the way Royal Caribbean and the local authorities, who depend on the cruise line industry to bring them tourist money, will spin what truly occurred. Already a spokesman for RCCL is portraying the driver as a life-saver: “This was a traffic accident, a type of which can happen anywhere and is no reflection on the bus company. The bus driver had to take an evasive maneuver to avoid an oncoming vehicle.”
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Published on: April 10, 2012

Celebrity Cruises Continues to Sell Parasailing Excursions Despite Death and Catastrophic Injuries to Cruise Passengers

By Leesfield Scolaro

Leesfield Scolaro recently filed two lawsuits against Celebrity Cruises and Caribbean Water Sports for the wrongful death and catastrophic personal injuries sustained by two cruise passengers in St. Thomas, U.S. Virgin Islands.

To read more about the lawsuit against the cruise line and parasailing tour operator: Lawsuit Filed against Celebrity Cruises and Parasail Operator for the Wrongful Death of Cruise Passenger

Below is a news report broadcasted on the local CBS affiliate.

After this tragic incident, parasailing excursions, which were traditionally sold to passengers before a cruise on the cruise’s websites or during a cruise aboard the ship, were indefinitely suspended by the majority of the cruise lines, including Celebrity.

Celebrity Cruises, owner and operator of the ship Celebrity Eclipse, announced the cancellation of all parasailing excursions in the Caribbean indefinitely less than a week after the death of one of its passengers.

Celebrity’s Public Relations Department made sure that the announcement at the time was well-publicized and relayed in as many media outlets as possible. “All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation,” said a Celebrity Cruises spokesperson.

It was surprising today to find out that, with a simple search of Celebrity’s watersports activities, parasailing excursions are still being sold to cruise passengers.

While Celebrity’s PR Department made sure to that its announcement last November canceling all parasailing activities was published in every newspaper and relayed by every media outlet in the aftermath of the death of a Celebrity passenger, there has not been any news release or news conference announcing that parasailing excursions have resumed.

Celebrity has not communicated to members of the public and customers what its investigation revealed and the steps taken to ensure that such a tragedy does not occur again.

To read more about the dangers of parasailing and prior cases of parasail operator negligence: Lawsuit Filed against Parasail Operator in Wrongful Death of Cruise Passenger
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Published on: February 14, 2012

Lawsuit Filed against Celebrity Cruises and Parasail Operator for the Wrongful Death of Cruise Passenger

By Leesfield Scolaro

For any media inquiry, please contact Ira Leesfield by email or by phone at 305-854-4900.

Leesfield Scolaro filed a lawsuit in federal Court against Celebrity Cruises and Caribbean Watersports & Tours, for their respective alleged negligence which resulted in the wrongful death of cruise passenger Bernice Kraftcheck.

On November 12, 2011, Bernice Kraftcheck and her daughter Danielle Haese boarded the Celebrity Eclipse for an Eastern Caribbean Cruise departing from Miami, Florida. During the cruise, the mother and daughter purchased a shore excursion offered aboard the cruise ship, a parasail excursion which would take place after the ship docked in St. Thomas, U.S. Virgin Islands.

Tragically, the parasail excursion which was supposed to be a thrilling experience turned out to be a nightmare for the Kraftcheck family. After Bernice and her daughter were sent up in the sky by the parasail operators, the rope broke off due to heavy winds and dangerous weather conditions. This resulted in the two occupants to plummet into the water at a very high rare of speed. The force of the impact caused Danielle to sustain massive injuries, her mother Bernice sustained fatal injuries and ultimately passed away.

A lawsuit was filed today in Federal Court for the alleged negligence of Celebrity Cruises and Caribbean Watersports & Tours.

As a cruise operator who offers shore excursions to its passengers, Celebrity owes a duty of reasonable care for the health, welfare and safety of its passengers. Click here to obtain a copy of the complaint.

Cruise lines can be held legally liable when they advertise shore excursions while representing to members of the public and to its paying passengers that shore excursions are safe and a passenger sustains an injury as a result of the excursion operator’s negligence.

In the event that cruise lines select an excursion operator and fail to verify the operator’s safety policies and procedures, cruise lines will be held liable for their negligence and misrepresentation.

In its promotional literature, Celebrity Cruises represent the following to members of the public, potential cruisers, and passengers already aboard one of their cruise ships:

“This is your vacation – and with our Shore Excursions you can be sure it will be one to remember.”

“To purchase your Shore Excursions, view full tour descriptions, images and videos, or download our Shore Excursion brochures”

“Whether you are looking for a high-energy adventure or a laid back, relaxing day, we have a Shore Excursion for you”

“Our shore excursions provide the best each port has to offer with a wide variety of activities and options to chose from”

“We’ve done the work of planning your day so that you don’t have to – just choose which adventure to embark on“

On its website, Celebrity made further representations regarding “our Shore Excursions”, including:

“Whether you prefer the thrill of parasailing – soaring 800 feet over the beaches below – or just basking on those beaches, Celebrity offers the perfect activity for every sun lover”

“There are lots of things you can do to make this cruise all about you . . . looking for something to do off of the ship? We have lots of different shore and land excursions in every port”

“We offer many different shore excursions from every port. They are a great way to experience the culture and history of the various ports of call”

“When you give us your precious vacation days, we give you a world of modern luxury. That means you don’t have to worry about a single thing”

“From our exhilarating shore excursions at every port, to our inspiring onboard activities, everything is created with your ultimate enjoyment in mind.”

“No matter which of our incredible shore excursions you choose, you will be surrounded by some of the most astonishing vibrant and beautiful sites anywhere in the world.”

“Our Shore Excursions will help you discover the hidden retreats and unspoiled masterpiece mother nature created”

“Celebrity offers a wide variety of excursions“

Celebrity passengers rely upon the cruise line’s representations regarding shore excursions offered on Celebrity’s website and aboard its cruise ships.
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