Cruise Ship Lawyers Blog

Published on: December 23, 2014

Cruise lines finally liable for medical malpractice committed on cruise ships

For the longest times, cruise ship passengers were not allowed to bring cruise lines as defendants in medical malpractice claims to recover for the negligent acts of a doctor or a nurse when they were committed aboard a cruise ship. In almost every single scenario, passengers were left without anyone to sue. Injustice remained served for years, until today.

In its latest ruling, judges of the 11th U.S. Circuit Court of Appeals ruled that the previous law, Barbetta, was outdated, and allowed the family of a deceased cruise passenger to continue on with a lawsuit for medical malpractice against the cruise line, in this case, Royal Caribbean.

The Barbetta ruling was justified in the nature of the relationship between the passenger and the physician, and the carrier’s lack of control over that relationship. The Fifth Circuit Court ruled that “the work which a physician or a surgeon does . . . is under the control of the passengers themselves. It is their business, not the business of the carrier. . . . The master or owners of the ship cannot interfere in the treatment of the medical officer when he attends a passenger. He is not their servant engaged in their business, and subject to their control as to his mode of treatment.” [Secondly] “[a] ship’s physician is an independent medical expert engaged on the basis of his professional qualifications and carried on board a ship for the convenience of passengers, who are free to contract with him for any medical services they may require.”

Published on: February 19, 2014

Female cruise passenger raped and beaten by Cruise Ship employee

By Leesfield & Partners

During a Valentine’s Day Cruise on the Holland America Line cruise ship “MS Nieuw Amsterdam”, cruise employee, Ketut Pujayasa, 28, who is an Indonesian citizen, savagely raped, beat and attempted to kill an innocent 31-year-old female cruise passenger.

As is often the method used by cruise employees who sexually assault female passengers, Pujayasa gained access to the passenger’s stateroom using a master key issued to many crewmembers, which give access to every single stateroom throughout the ship. Once inside, he hid on the balcony of the room. Moments later, the passenger returned to her room, where she was jumped on by the crewmember. According to the latest reports, he beat her with a laptop, and a curling iron. Once he thought he had physically won his victim over, he used the curling iron’s cord and the phone’s cord to choke the woman. Fighting for her life, she was able to loosen the grasp of her assailant by kicking his exposed genitals.

At that time, Pujayasa told the FBI that he attempted to kill his agonizing victim by throwing her over the railing of the stateroom’s balcony. That is when knocks on the room’s door scared him away and he escaped by climbing out of the room, into another balcony. The victim ran out of her room half naked, with the cord of the curling iron still wrapped around her neck and body.

Published on: February 4, 2014

Third fatal drowning on a Cruise Ship in the last year

By Leesfield & Partners

Yesterday, a four year-old and a six year old child were discovered unresponsive in a pool aboard the Norwegian Breakaway said Petty Officer Adam Sansoucie of the U.S. Coast Guard in North Carolina.

To date, very few details were released by the Coast Guard, and none by Norwegian Cruise Lines, other than the following words on the cruise lines’ Facebook Fanpage:

“We extend our deepest sympathies to the family during this extremely difficult time and are providing full assistance and support. The family is in our thoughts and prayers and we ask that you please keep them in your thoughts and prayers as well.”

Published on: January 27, 2014

Crime remains greatest concern for Cruise Ship Industry

By Leesfield & Partners

Since 2010 and the passage of the Cruise Vessel Security and Safety Act, the cruise industry has a duty to report 8 crimes to the Federal Bureau of Investigation. They include: Homicide, suspicious death, missing U.S. National, kidnapping, assault with serious bodily injury, firing or tampering with the vessel, theft of money or property in excess of $10,000, and sexual crimes. Once the crimes are reported, the Coast Guard publishes the statistics on its website after the investigations are closed.

On December 20, 2013, the U.S. Government Accountability Office published its review of the first 3 years of compliance by the cruise ship industry of the new regulations imposed by the CVSSA. Senator Jay Rockefeller, chairman of the Senate Committee on Commerce, Science, and Transportation gave a sombering overview: “I’ll give the cruise ships some credit, because of the first bill we passed they raised the level of their railings . . . They’ve done a pretty good job on that, but when it comes to crime, no they have not.”

In its report, with respect to CVSSA crime-reporting requirements, the GAO noted that the FBI and the USCG have implemented these provisions as required. The crimes that occur on cruise ships and that fall within one of the 8 crimes listed above have been published when they are no longer under investigation. However, the GAO noted instrinseque limitations on how the statistics would provide any measure of usefuleness to prospective cruise passengers. Specifically, the GAO raised three specific areas of concern:

Published on: December 17, 2013

Carnival Cruise welcomed passengers knowing a fire could occurr aboard the Triumph

By Leesfield & Partners

Last February, the Carnival Triumph set sail from Texas. Days later, in the middle of a 7-day Mexico cruise, a fire broke out in the engine room and caused the ship to be towed back to the United States. According to CNN AC360, which aired the video below last night, Carnival knew that only 4 out of 6 generators were operational at the time the cruise started, and knew of a generator fire hazard across its fleet of ships.

The result was a complete fiasco. To read our previous entry on the situation at the time, click here: Fire on Carnival Cruise Ship for the second time – Cruise Passengers stranded in the middle of the ocean

Published on: October 15, 2013

“It is reasonable to put a lifeguard around the pools of Cruise Ships” tells Maritime Lawyer Carol Finklehoffe to CBS This Morning

By Leesfield & Partners

On CBS This Morning, Leesfield & Partners Maritime Law Attorney Carol Finklehoffe said that if Cruise Lines have deck attendants selling drinks and employees watching over the water slides, it is reasonable to have lifeguards around the pools as well:

This latest tragedy has placed Carnival Cruise Lines back in the spotlight. The loss of Qwentyn Hunter in one of the Carnival Victory’s pools prompts many to question whether conspicuous signage that there are “no lifeguards on duty” is realistically enough to fulfill the cruise line’s duty of care to provide a safe and proper place to bathe or swim.

Published on: October 14, 2013

Child drowns in swimming pool of Carnival Cruise Ship Victory

By Leesfield & Partners

Over the weekend, a 6-year-old child, who was on a 4-day cruise with his family, drowned in the swimming pool of the Carnival Cruise ship. The young child was playing with his 10-year-old brother when the incident happened at approximately 4:45 pm while the pool was open to passengers.

The Victory returned to Miami on Monday morning, and the pool was closed off to passengers with police crime scene tape. Very limited information has been made available to members of the public other than Miami-Dade Police, which is investigating the matter, has released the name of the child, Qwentyn Hunter.

According to witnesses, a person yelled over a microphone to rescue a child from the pool who was seen submerged underwater. As soon as he was taken out of the pool, chest compressions and CPR was performed, but unfortunately the boy never regained consciousness.

Published on: May 24, 2013

CLIA’s newly adopted Cruise Passengers Bill of Rights is nothing more than window cleaning

By Leesfield & Partners

This week, CLIA (the Cruise Lines International Association) announced the adoption by its Board of Directors of a “Cruise Industry Passenger Bill of Rights.” The Bill of Rights was declared as a commitment by the cruise industry to the safety, comfort and care of cruise passengers:

Cruise Industry Passenger Bill of Rights

1. The right to disembark a docked ship if essential provisions such as food, water, restroom facilities and access to medical care cannot adequately be provided onboard, subject only to the Master’s concern for passenger safety and security and customs and immigration requirements of the port.

Published on: May 21, 2013

Disney crewmember evades justice after sexually molesting 11-year-old child on cruise ship

By Leesfield & Partners

According to the following report filed by Orlando local station WKMG-Channel 6 last night, Disney Cruise Line knowingly delayed to report a sexual molestation crime to local police last summer. Rather than possibly be sitting in jail awaiting trial right now, the crewmember was allowed to fly back to his home country of India with a clean criminal record. Below is the chilling story reported by WKMG reporter Tony Pipitone.

This report would be only chilling if it was not customary for crimes in general and sexual crimes in particular to be unreported or widely under-reported. Since the passage in 2010 of a mandatory reporting law of crimes occurring on cruise ships, the number of crimes has inexplicably decreased. One could leap to the conclusion that cruise ships are becoming safer and safer with time, but that would be the wrong assumption. In reality, when a crime occurs on a cruise ship, the cruise line has sole discretion to categorize an incident as criminal in nature. No one doubts that crimes aboard cruise ships is not the best publicity. Especially sexual molestations on minor children aboard a Disney cruise! So the cruise line must find a way to minimize and lessen the number of crimes it reports to the competent authorities. So a cruise line will categorize a crime as a non-criminal event and bypass the reporting laws.

The other way cruise lines have hidden the true frequency of crimes on their ship is by threatening victims. We have reported on several occasions that alcohol consumption aboard cruise ships is on the rise. Invariably, more alcohol being consumed translates in more fights and physical assaults. When the victim of an assault comes forward, the security officers will offer the victim to report the incident to the local authorities and press charges against the assailant at the next port. But the caveat is that, in order to do so, the victim must disembark the ship (sometimes with their entire party) and return home without further assistance from the cruise line. Faced with additional aggravations and a very deterring option, most victims choose to remain on the ship, and the crime goes unreported.

Published on: May 10, 2013

Injured on a cruise ship? You need a cruise ship injury lawyer!

By Leesfield & Partners

When a passenger sustains an injury while on a cruise ship or while on a shore excursion purchased through the cruise line, a maritime law attorney must be contacted immediately so as to maximize the recovery of a potential personal injury claim or lawsuit, and more importantly to not jeopardize the investigation and fact-gathering process that must be done as early as possible and is absolutely critical in litigating against a cruise line.

Most passengers feel safe at sea and are confident that, whichever activity they chose to purchase, the cruise line has done its homework and would not risk the safety and livelihood of its passengers. That misconception has led to countless incidents. Worse, it has led passengers to trusting the cruise line in rectifying their mistakes, or acts of negligence.

Contact a cruise ship injury attorney as soon as you board off the ship
Most, if not all, cruise lines have important procedural conditions that all passengers must know prior to embarking on a cruise. One of these procedural conditions is the time frame within which an injured person must act in order to file a claim against the cruise line. Cruise lines have uniformly imposed a one-year statute of limitations on any and all personal injury claims against them. If a lawsuit is not filed within one year of the incident which caused a person’s injury, that passenger’s claim will be barred forever. Not only that, Cruise Lines have also uniformly and arbitrarily imposed a six-month notification deadline.

The clock on your potential personal injury claim starts ticking the day the incident happens, and if you wait too long, your case, which could have been worthy of representation months prior, could be turned down simply because it is too late to act. You must protect yourself and do your due diligence by contacting a reputable maritime law attorney as soon as possible after you return home from the cruise.

Do not trust the Cruise Line’s claims management process
Many passengers will elect to resolve their injury claim on their own. They will contact the claims management department several weeks after the incident and attempt to obtain a recovery without any professional help. That is the second biggest mistake you can make.

Like any insurance company, the claims management department’s objective is to avoid compensating injured passengers. To achieve their mean, several tactics are employed in almost every single claim:

First, the person assigned to your case will ask to obtain a statement from you about the incident. They will only ask questions that may put the blame on the injured person and not ask or inquire about any facts that may or may not show the cruise line’s negligence.

Second, they will stall the claim’s process. By now, the incident occurred several weeks, if not a couple of months ago. They will ask that you provide a copy of all of your medical records, and medical bills, so the claims department can “evaluate” your damages. Some passengers are quick to obtain medical records, but most are not knowledgeable enough and several months will go by before the claims person will be in possession of your medical records and bills.

The next step is full denial. At that point, the cruise line has all of your records, it has an idea of the damages you have sustained in the incident, and it also knows how the incident happened. They will invariably tell you that the statement you have given to the ship’s doctor or the ship’s security staff is inconsistent with the statement you gave over the phone. Or they will tell you that the damages you are seeking are unrelated to the injury you claim you sustained in the incident. Or they will dispute the charges you claim you have incurred, or stress the fact that your health insurance paid for your bills and therefore your medical bills are irrelevant. Or they will insist on telling you that they need more time to make sure their investigation is concluded before they can either deny the claim, or make your an offer.
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