Passenger Disappearance

Published on: January 17, 2012

Grounding of Cruise Ship in the Bahamas forcing evacuation of passengers

The disaster that shook the passengers of the Costa Concordia when the ship ran aground and capsized near the Island of Giglio, Italy, while probably the most tragic in recent memory, was not the first tragedy of its kind.

In 1998, the Monarch of the Seas had an eerily similar incident, which, thankfully for the thousands of passengers on board, did not result in the loss of a single life.

On December 15, 1998, the cruise ship, Monarch of the Seas, operated by Miami based cruise company Royal Caribbean Cruises, was in the Bahamas, en route from St Thomas, U.S. Virgin Islands to Martinique. The ship had purposely deviated from its intended course in order to sail into St. Marteen to disembark a sick passenger who needed immediate hospitalization.

While the vessel awaited the return of the vessel’s crew, the ship drifted freely on an easterly heading. At about 1:25 a.m., the doctor and nurse returned to the vessel. The ship’s master himself then piloted the ship to starboard from an easterly course heading, steadied the vessel up and set a departure course of 160 degrees true to pass east of a marked reef known as the Proselyte reef. This course was based largely on the master’s mariner eye as well as on the Officer of the Watch’s feedback that the Automatic Radar Plotting Aid’s calculated Closest Point of Approach to the Proselyte reef lighted buoy on the 160-degree course. The master felt that this course provided the vessel a safe passage to the east of Proselyte reef as well as would allow a safe passage astern of an outbound sailboat that was just to the south and ahead of the Monarch of the Seas in the vicinity of the Proselyte Reef lighted buoy.

Unfortunately, the course of 160 degrees was established without first sufficiently determining the initial position of the vessel. Further, no track line for the 160-degree course was laid down or marked on the navigational chart in use at the time nor was the 160-degree course part of the voyage plan from St. Maarten to Martinique. Additionally, the ship’s chart used at the time of the grounding, was not updated with respect to an updated position of the lighted buoy on proselyte Reef.

The ship’s master steered the vessel on the right path before handing over the navigational watch to the Officer of the Watch. Before leaving the bridge, the ship’s master asked “How are we doing with clearance to buoy?” To this the Officer of the Watch replied “Closest point would be three cables off and safe.”

Three minutes later, at approximately 1:30 a.m., the Monarch of the Seas raked the Proselyte Reef at an approximate speed of about 12 knots without becoming permanently stranded. Almost immediately emergency and abandon ship signals were sounded and the crew and passengers were mustered at their abandon ship stations.

To learn more about the events described above, read the Joint Report of Investigation into the Circumstances surrounding the grounding of the Monarch of the Seas.

At 2:35 a.m., the vessel was intentionally grounded on a sandbar in Great Bay, St. Maarten. The evacuation of passengers and crew began immediately and by 5:15 a.m., all 2,557 passengers were safely evacuated ashore by shore based tender vessels.

The Joint report by the United States Coast Guard and the Maritime Investigator (Osla, Norway) concluded that the primary cause of the grounding was human error by the ship’s master and his Bridge Resource Management Team. Multiple failures were assessed including:
(1) Accurately determine the position of their ship in relation to a known reef area.
(2) To navigate their ship in a manner which would give wide berth to such a hazard.

The investigation on the Costa Concordia disaster is still in its early stages, and yet an enormous amount of information and reliable evidence has already surfaced. It seems established that the ship deviated from its original course. Unlike the ship’s master of the Monarch of the Seas, Captain Francesco Schettino’s deviation was intentional and not necessary. Read this article to find out why Captain Schettino sailed so close to the Island of Giglio.
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Published on: January 16, 2012

Captain of capsized cruise ship detained for manslaughter and abandoning ship

By Leesfield & Partners

While investigators are looking at the black box of the cruise ship Costa Concordia that sunk off the coast of Italy, prosecutors did not waste time in gathering facts and evidence from passengers and crew members, which have led them to arrest Captain Francesco Schettino on allegations of manslaughter and for abandoning ship.

Before his arrest, Captain Schettino answered a few questions by a reporter from The Telegraph (U.K.)

Why did the ship capsize?

Italian Prosecutors with the help of Costa Crociere executives have released that, for some unknown reason, the ship deviated from its original route. While en route from Civitavecchia to Savona in Northern Italy, the ship veered off its course and navigated much too close to the coast. Within 300 meters off the coast, the ship collided with a large underwater rocky formation which perforated the hull causing significant damage and which started the capsizing of the ship.

In shallow waters, the wash from the cruise ship close to shoreline had nowhere to go and may have rebounded on the hull causing the ship to roll and capsize.

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Damage to the ship’s hull

On Monday, Pier Luigi Foschi, CEO of Costa Crociere, the company that owns the Costa Concordia luxury cruise liner, said Captain Schettino made an unauthorized deviation from the programmed course, a “human error” that caused the ship to hit rocks near the port area of Giglio and capsize late Friday. A report from CTV News.

Since that statement was made, Carnival Cruise Lines, owner of the Costa Concordia has disassociated itself from the captain’s behavior. Carnival Cruise Lines is the largest cruise line company in the world and is based out of Miami, Florida.

Captain Francesco Shettino and ship’s first mate arrested, face charges of manslaughter and abandoning ship

According to several accounts from evacuated passengers, and as was confirmed by prosecutors, evidence is mounting that the ship’s captain was evacuated ashore, safe and sound, hours before hundreds of passengers even made it to a lifeboat.

The Daily Mail reported that a French couple who boarded the ship in Marseille, Ophelie Gondelle and David Du Pays, saw the captain in a lifeboat, covered by a blanket, well before all the passengers were off the ship. They insisted on telling a reporter what they saw, so incensed that — according to them — the captain had abandoned the ship before everyone had been evacuated. You can read more about the story here
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Published on: January 16, 2012

Timeline of Events of the Sunk Costa Concordia Cruise Ship Disaster

By Leesfield & Partners

Below is a timeline of events amid the cruise ship disaster that sunk off the coast of Italy, Isola del Giglio:

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Friday January 13, 2012

7:00 p.m.: The ship embarks on a 7-day cruise from Civitavecchia, near Rome, with 4,229 cruise passengers and crew members on board from 60 different countries.

9:15 p.m.: Ship takes a five miles detour to pass closer to the picturesque Tuscan Island of Giglio (Isla del Giglio)

9:30 p.m.: Ship strikes rocks 300 meters off the Island of Giglio. Five minutes later, the electricity goes off. many passengers begin to panic.

9:45 p.m.: The first alarm is sounded. Two long whistles and on short, informing the crew of a problem.

9:50 p.m.: The ship begins to list. In the restaurants, dinnerware falls off the tables. Some passengers rush to their cabins to put their life vests on.

10:00 p.m.: Captain Francesco Schettino tries to maneuver the vessel towards the shore.

10:10 p.m.: ‘Abandon Ship’ signal is given: Seven short whistles and one long. Lifeboats begin their deployment.

10:20 p.m.: Coastguards launch rescue boats and helicopters. Most of Giglio’s 800 residents turn out to help. Passengers jump into the chilly waters instead of boarding lifeboats. Many passengers are injured in the process, several seriously.

11:15 p.m.: The first lifeboat reaches Giglio. In all, around 4,000 people make it safely aboard a lifeboat.

11:40 p.m.: Captain Fransesco Schettino is found ashore.

Saturday January 14, 2012

Three bodies are found by rescuers, two French passengers and a Peruvian crewmember.

2:30 a.m.: Some 300 people are still aboard the sinking ship.

6:00 a.m.: Local fire chief says last survivor has been rescued from the ship, Rescuers continue their searches on the ship and underwater throughout the next two days.

3:00 p.m.: Captain Francesco Schettino detained along with his first mate on allegations of manslaughter and abandoning his ship.

Monday January 16, 2012

A sixth body is found at sea. There are 16 people still unaccounted for, including two Americans.
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Published on: December 13, 2011

Cruise Ship Passenger Dies after Falling Overboard

By Leesfield & Partners

Cruise lines have the duty and responsibility to provide a safe environment to their paying customers and to prevent the risk of injury or death of passengers while on a cruise ship. Sadly, every year several passengers who board cruise ships disappear or fall overboard through no fault of their own.

According to the Los Angeles Times. Long Beach Fire Department spokesman Steve Yamamoto confirmed that Kelly Ryann Dorrell, a 26-year-old woman, who was a passenger on the Queen Mary ocean liner fell over the handrail from the ship’s fourth story (some 75 feet). In her fall, the woman collided with several parts of the ship and sustained massive trauma to the head before eventually falling into the water. Her boyfriend, who witnessed the fall, jumped in the water in an attempt to rescue the woman, along with two police officers who were nearby.

Some early reports indicate that the woman was drinking at the time and fell overboard after she lost her balance. After being rescued by the firefighters, Kelly Dorrell was transported to the hospital in critical condition and pronounced dead later that day. An autopsy on Dorrell’s body on December 15, 2011 will help to determine the level of blood alcohol content of the deceased at the time of the incident.

In cases where a cruise passenger falls overboard, Leesfield & Partners cruise ship attorneys will look at all legal avenues to determine whether the cruise line met its duties and if the incident could have been prevented:

Defective or Inadequate Handrail:
In the Cruise Ship Safety Act passed by Congress, all cruise ships are required to have handrails at least 42 inches (forty-two) tall. This new law will be effective by January 1, 2012. If a handrail is found to be in violation of the law, and a passenger falls overboard or disappears, the cruise line could be responsible for its own negligence.

Failure to Warn of Bad Weather:
One of the misconceptions of the public at large about to board a cruise ship for the first time is the effect rough weather conditions can have on their safety. Being on a very large ocean liner does not immune cruise passengers from injuries when the ship enters a patch of rough weather. When at sea, cruise lines have the duty to warn its passengers from bad weather as soon as the dangers become known. To fulfill their duties, cruise ships are equipped with radars that detect patches of rough weather far in advance of feeling their effect. Cruise lines can be held liable for failure to warn passengers who injure themselves or fall off the ship during a storm.

Cruise Lines can be held Strictly Liable
In past cases, passengers were pushed overboard by the cruise ship’s crew members. If a passenger dies, disappears or sustains injuries because of a crew member’s violent act, the cruise line will be held strictly liable. Cruise lines have the duty to protect their passengers from violence, especially violent behavior from crew members.

Violence between Passengers
In general, a cruise line will not be held strictly liable for a passenger’s injuries or death caused by the physical assault of another passenger. However, cruise ships may be held liable if it failed to provide adequate security or failed to prevent an assault or contributed in some way to the assault. (Alcohol Consumption)

Alcohol Consumption
Today, most cruise lines allow passengers 21 years of age and older to drink alcohol on the ship. Even though cruise ship employees are trained to request the ID card of passengers, it is not infrequent that teenagers and under-age passengers consume alcohol on cruise ships. Cruise lines also have the duty to limit passengers’ alcohol intake. This self-imposed duty can result in the cruise line’s liability if it is determined that a passenger became intoxicated and fell off the ship.

Rescue Operations
When a passenger is reported missing, cruise lines must perform a reasonable and adequate search and rescue operation. If the cruise line fails to search for a missing passenger or performs an inadequate rescue operation, it may be found liable for the disappearance or death of the passenger.
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