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Cruise Ship Lawyers Blog was first to report the alleged sexual assault that occurred during a 10-day cruise aboard Royal Caribbean operated ship the Allure of the Seas.

Luiz Scavone was charged last January with two counts of lewd and lascivious battery on a 15-year old female passenger. Initially, Scavone plead not guilty and attempted to post bail in order to wait for trial in Brazil, his home country. You can read our previous posts on this incident here:

scavone-original_resize.jpgCruise Ship Passenger Raped Aboard Royal Caribbean’s Allure of the Seas

Alleged Cruise Ship Rapist Asks Judge to be Released

Alleged Rapist of Cruise Passenger Luiz Scavone held without Bail

Last week, Scavone plead guilty to the battery charges and was sentenced to one year in jail. Once released, Scavone will have to register as a sex offender and will be deported to Brazil immediately.

Even though Scavone’s family and lawyer claimed that the 15-year-old teenager consented to having sexual relations with the 20-year-old, the facts of the incident were never questioned. According to the prosecutor, the teenager was lured by Scavone’s little brother (15) to Scavone’s cabin under false pretenses. The young girl thought she was going to a small party cabin and to meet other friends. She realized once the door closed behind her that she was alone with Scavone and his little brother where it is alleged they took turn raping the minor cruise passenger.

allure of the seas rccl_resize.jpgThe next day, the parents of the victim alerted the crew. The FBI and local authorities were called and arrested the Scavone brothers as soon as the ship arrived in Fort Lauderdale.

The criminal case against the younger of the two Scavone was completed several weeks ago and he is now back in his home country. His brother, Luiz Scavone, will not be back in Brazil before he spends the balance of his sentence behind bars.

Judge Matthew Destry was faced with an important decision early on in the criminal trial, having to rule whether Scavone could be freed on bail. The State of Attorney’s Office argued that it would be ill-advised for Scavone to be allowed to post bail because they could not prevent him from leaving the country and returning to Brazil while the charges were pending. To their point, a recent amendment to the Brazilian constitution provides that Brazilian citizens are not to be deported to a foreign country when criminal charges are pending against them. In other words, allowing Scavone to post bail and leave the USA would have meant that the teenager’s attacker would never be punished for the alleged rape.
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We began reporting on the Costa Concordia as soon as the tragedy occurred on Friday, January 13th, 2012. That night, thousands of passengers lived through a collective nightmare which ended in the most blatant mishandling of an emergency aboard a large cruise ship since the Titanic. Every single passenger aboard the Costa Cruise thought they were going to die at sea. Ultimately thirty-two passengers perished that night.

Four passengers currently in litigation provided a unique insight into what passengers aboard a stranded and sinking cruise ship were thinking and experiencing. What became crystal clear is the breakdown in communication and level of negligence displayed by Costa Cruise Lines employees of all rank.

Our four passengers were traveling together as a group and thankfully escaped the sinking ship. All four owe their luck to self-reliance and the common-sense of ignoring what Costa Cruise crew members were ordering passengers to do.

At approximately 9:00 p.m., all four friends met for dinner in the fourth floor dining room, where they were seated at the lower level. Shortly after they sat down, the ship suddenly tilted to one side, knocking over some glasses and plates. Everyone, passengers and crew-members alike, was stunned, however, within a couple of minutes, the restaurant patrons were assured by the dining staff that there was no problem.

Only minutes later, the ship sharply tilted to an extreme angle, sending all of the dishes and food on their table to the floor. This scene was replayed across the entire dining room as dishes and plates went flying everywhere. The angle of the ship was so severe that even tables were sliding across the floor, bringing to their minds the movie scenes of the sinking Titanic, which was the only cruising experience three of them had at the time.

Massive panic in the dining room broke out as families and friends attempted to protect children and loved ones and to make their way to safety through the chaos without any help from the staff.

After receiving no assistance or instruction from the staff, our group of friends quickly determined that they could not rely upon the ship’s personnel and would have to take the appropriate steps to save themselves. Remembering having seen life jackets in their closets, they fought their way through the flying china, furniture and panicking passengers out of the dining room, further impaired by the severe angle of the ship, which had also caused water to flood out of the galley on to the floor. After escaping from the dining room, one of the four friends became separated in the madness from the other three, who managed to stay together until the end.

The now smaller group fought its way through the maddening crowd of screaming, running and panicked passengers. One of them, a female passenger, slid in water which flooded out of the galley, turning the polished floor in the foyer outside of the dining room into an ice rink. As she slid across the tilted foyer, she only came to a stop after bashing into a metal column in the center. After someone helped her up, she continued to run through the chaos in an effort to catch up with her two other friends.

As they continued to run toward their cabins, they were all terrified and feared that the ship was going to sink. Since none of them were good swimmers, they all were afraid that if they had to jump overboard without a life jacket, their chances of survival were poor.
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Cruise lines sell tickets by promising dream vacation while sailing on floating cities around the world. Wanting the best vacation is the common denominator of each and every cruise passenger before they board a cruise ship. Sadly, for a lot of cruise passengers, their experience will be remembered for the wrong reasons.

Below is a list of 10 important tips that every cruise passenger should know before they get on a cruise ship, in case they become injured on the ship or on a shore excursion:

  • Save a copy of your ticket contract. The ticket contract is a 15- to 20-page document forwarded to you by the cruise line upon purchase of the cruise. This important document contains legally binding documents that will affect any potential claim or lawsuit against the cruise line.
  • Document the incident. You must take your own photographs of the scene of the incident. This is crucial to determine not only exactly where an incident took place, but to have evidence of the conditions of the area in fall cases.
  • Write down the names and rank of any and all crew members you come into contact with, and interact with, after the incident. Document who spoke to you or your relatives, and friends. Document the questions you were asked and more importantly the answers your provided.
  • If you need medical care while on ths ship after an incident takes place, do not leave the ship without requesting and obtaining a copy of the medical records, as well as a copy of any and all x-rays, scans, or studies performed by the ship’s doctor.
  • Avoid one of the biggest and most common mistakes injured cruise passengers make: Do not rely on cruise employees being helpful when you are involved in an incident with injury. Cruise employees are trained to shift into a crisis management gear once an incident occurs. They will not only attempt to diminish your injuries, but more importantly, they will be reticent to assist you with anything. Once you sustain an injury, cruise companies stop seeing you as a paying passenger, but rather as a future claimant. As such, do not expect assistance, and do not rely on cruise employees to do anything to make the rest of your cruise a “dram vacation” any longer.

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We previously reported on the incident that led to the death of 16-year-old Fernando Osorio Rodriguez, who died at sea, five days after his drifting boat came in close contact with the Star Princess, ship operated by Princess Cruises, which failed to render aid to the boat in distress.

On June 5, 2012, as published in the Miami Herald, Leesfield & Partners sued Princess Cruises and filed its complaint on behalf of Fernando Osorio’s parents in the United States District Court Southern District of Florida.

The complaint is available here.

The lawsuit alleges that, on February 24, 2012, Fernando Osorio and two of his friends boarded the Fifty Cents, a 26-foot panga boat, which is a modest-sized, open, outboard-powered, fishing boat common through the region. The three friends intended to fish off the coast of Panama, but shortly after the group left from Rio Hato, the engine of the Fifty Cents died and the boat drifted out to sea.

latin_2_resize.jpgFernando and his two friends drifted at sea for 15 days and 14 nights without power when on March 10, 2012, the Panga drifted within sight of a large white ship, the Star Princess, which is a luxury cruise ship with a passenger capacity of 2590 and a crew capacity of 1150. At the time the Fifty Cents was so far from shore that it was obvious that it was not fishing, but instead without power and adrift.

Upon seeing the large ship, the three companions repeatedly signaled that they were in distress and in need of rescue, waving their arms, waving a shirt tied to a pole and otherwise signaling to the passengers and crew of the cruise ship their dire predicament.

Three passengers aboard the Star Princess, who were using special optical equipment for bird watching, spotted the Fifty Cents and its occupants signaling for help and quickly recognized that the boat was in distress and that the men were in danger of dying if not rescued. These three passengers immediately reported the dire and life-threatening condition of the occupants of the powerless and drifting fishing boat to a crew member and provided him with their equipment to see for himself. The crew member looked, and acknowledged to the passengers that he recognized that the Fifty Cents was adrift and in a dire emergency state and he in turn reported this emergency situation to the bridge.

Despite this express notification that the Fifty Cents was adrift and in dire distress, as well as the fact that it was in clear view of this modern cruise ship with all of its sophisticated equipment, the Star Princess failed to discharge its duty under the law to render assistance to the stranded vessel and its occupants, literally leaving them to die.
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As we previously reported, on March 10, 2012, a Princess Cruise ship, the Star Princess, failed to render aid to a drifting vessel. The multiple witness accounts, which have been documented in the media for the past two months, have shown that the cruise ship’s captain either deliberately ignored the call for help or was never made aware of the situation. Neither one of those scenarios is a valid excuse.

Cuba-Florida_map.jpgThis week, a very similar set of circumstances occurred, but thankfully for the occupants of the raft in distress, they were rescued by a cruise ship that was sailing near by. The Disney Fantasy, a cruise ship owned and operated by Disney Cruise, was sailing from Port Canaveral (Florida) to the Cayman Islands on May 26, 2012, when crew-members spotted a small raft near Key West, Florida, with four men aboard.

The ship quickly responded to its duties and rescued the men. “The men were brought aboard the ship and provided with medical attention along with food and water. We are proud of our Disney Fantasy crew members, who skillfully demonstrated their training and commitment to maritime protocols around saving lives at sea,” Disney Cruise Line said in a statement.

These developments are in stark contrast with what occurred last March when the Star Princess failed to rescue a drifting vessel, occupied by three men, including a minor, which eventually resulted in two deaths.

The Star Princess failed to follow Article 98 of the UNCLOS (The United Nations Convention on the Law of the Sea of 10 December 1982) which provides that a ship must render assistance to any person found at sea in danger of being lost.

The Star Princess crew was made aware of the drifting vessel by three cruise passengers, who, at the time. were bird-watching, when they spotted the vessel and its three occupants attempting to flag down the large cruise ship by waiving their white t-shirts. The witnesses showed the drifting vessel to a crew-member, they even let him use their bird-watching equipment to confirm the nature of the distress. The crew-member then advised the crew on the bridge of the ship in distress.

Despite the grave concern felt by those who saw the vessel adrift, for some inexplicable reason, the Star Princess did not render any assistance. It never deviated from its course. It never called the Coast Guard for help. It simply continued on with the cruise, to the next Port.
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Since the tragedy of the Costa Concordia occurred last January off of the coast of “Isola del Giglio”, Costa Cruise Lines has been in a public relations storm that seems never-ending.

Captain Francesco Schettino, the ultimate responsible person aboard the sinking ship, was arrested the day following the events.

This week, the Court of Cassation, the highest court in Italy, confirmed the lower court’s decision to maintain a house arrest order against Schettino. The decision is motivated by several factors that we have discussed in prior articles. Mainly, the Cassation’s judges believe that Schettino has shown little resilience in performing command function or in handling responsibility for the safety of persons under his care. The decision further explains that the Captain of the cruise liner proved to be unable to manage a crisis and to ensure the safety of his passengers and crew (by abandoning ship) and that there would be a risk of a repeat of the disaster if he were given command again. Ultimately, the Court of Cassation seems to agree with the criminal charges Schettino is now facing, which include multiple manslaughter, causing the accident, and abandoning ship.

As a result of the very public downfall of Captain Schettino, Costa Cruise Lines’ public relations’ policy has been very clear. Blame Schettino for his extraordinarily dangerous decisions as Captain and hope to deflect any and all responsibility from the cruise line company. That strategy might have worked initially, but new found information reveals that Costa Cruise may have a systemic problem at hand when it comes to safety practice.
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One hundred days have passed since the tragic events of the Costa Concordia which saw the confirmed death of 30 cruise passengers and the disappearance of 2 additional passengers whose bodies have yet to be found.

It took more than 100 days for the cruise industry to agree on three new safety measures. The announcement of the new policies by the cruise industry through Cruise Lines International Association (CLIA) and the European Cruise Council (ECC) is all over the print and digital media and looks more to be a public relations coup than addressing the true concerns and lessons that were learned from the events that led to the sinking and grounding of the Costa Concordia.

The first measure proclaims that cruise ships will now have more lifejackets aboard than are required by law; Limiting access to a ship’s bridge at potentially dangerous times; and requiring cruise ship routes to be planned in advance and shared with all members of the bridge team.

The second and third measures are directly addressing errors which may have contributed to the Costa Concordia’s demise. Last January, Captain Schettino had invited a female passenger to the ship’s bridge, which according to witnesses, distracted not only the Captain, but the rest of the bridge team.

One should wonder why it took over 100 days for the cruise industry to figure out that bringing passengers to the bridge of a ship when the captain and the bridge team are maneuvering the ship is a terrible idea. The third measure is equally baffling. Why did it take until April of 2012 to require a bridge team to agree the ship’s route before the ship sails and stick to the route? What has happened to common sense?
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The United Nations Convention on the Law of the Sea of 10 December 1982 applies to ships navigating in international waters.

Article 98 of the UNCLOS provides that (1) Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers (a) to render assistance to any person found at sea in danger of being lost and; (b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

On March 10, 2012, Jeff Gilligan of Portland, Oregon, was on The Star Princess, a luxury cruise ship operated by Carnival Cruise Lines, based out of Miami, Florida. Jeff is an avid bird watcher and that day he was bird watching with two fellow cruise passengers, using their binoculars and spotting telescopes from one of the decks of the ship.

That is when Jeff and his two friends spotted a boat approximately one mile from the cruise ship. Using his binoculars, Jeff saw that the occupants on that small vessel were waving their t-shirts in the direction of the cruise ship. Jeff took a photo of the vessel.

birdwatch_boat_enl.jpg

Judy Meredith from Bend, Oregon, was with Jeff and told NPR: “We all watched him for a bit and thought, ‘This guy’s in distress. He’s trying to get our attention. And he doesn’t have a motor on his boat.’ We could see that.”

She then ran inside to alert the crew, but she only found a crew member who was with the ship’s sales team. The cruise employee contacted the bridge and the situation was relayed to the captain. Jeff Gilligan handed his telescope to another crew member to look at the drifting boat and he confirmed that he saw a boat in distress.

Jeff, Judy and the third bird-watcher thought the ship’s captain would either turn around to rescue the boaters or take the appropriate steps to ensure that the local authorities would conduct a rescue mission. Unfortunately, nothing was ever done.

Days after the cruise ended, Judy Meredith contacted Princess Cruise to inquire about what had happened to the boaters and the steps taken by the ship’s captain at the time. Judy’s tenacity was not something Princess Cruise was prepared for and several versions of the incident surfaced. The last version given by Princess was that cruise ship contacted the boaters in question, but rather than signaling for distress, they had been signaling for the ship to change course because they were afraid the large cruise ship would damage the boaters’ fishing nets. Also, Judy was told that what she mistakenly interpreted as boaters waving their t-shirts in a sign of distress was actually a sign of gratitude for having altered the ship’s course.
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Leesfield & Partners 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.

Celebrity Parasail.jpgIt 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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On December 23, 2011, Royal Caribbean crew member, Fabian Palmer, sexually abused a minor child who was 14 years old at the time. This is the latest event that has led to criminal charges for sexual acts committed on cruise ships this year.

fabian palmer.jpgFabian Palmer, a Jamaican national, was a Royal Caribbean Cruises employee and worked on the Enchantment of the Seas. Palmer was assigned to maintenance of the vessel’s pool areas.

On December 17, 2011, the family of the victim boarded the cruise ship from Baltimore, Maryland, for a 7-day Caribbean cruise. For several days, Palmer interacted with the 14 year-old girl, sharing written notes, until the evening of December 23rd when Palmer invited the minor passenger to follow him in one of the deserted male locker rooms of the ship at approximately 11:30pm.

The criminal complaint filed by the FBI in Maryland details how Palmer led the 14 year-old to one of the bathrooms of the male locker room and locked the door behind them. Palmer undressed the girl and engaged in multiple sexual acts despite the girl’s protests that she was hurting. Palmer only stopped when another crew member knocked on the door of the bathroom and discovered the “couple”. The next day, Palmer saw the 14 year-old and told her not to say anything to anyone about what had happened or he could be in trouble.

FabianPalmerMugshot.jpgAccording to the FBI, video surveillance cameras captured footage of Palmer leading the minor into the male locker room and into the bathroom. The footage also shows the other cruise employee knocking on the door and all three leaving the male locker room shortly thereafter.

Palmer was interviewed by Royal Caribbean after the end of the cruise. The FBI was alerted in late December and a criminal complaint was filed against the 25 year-old on January 4, 2012.

On March 22, 2012, almost three months after the events, Palmer plead guilty to having had sex with a minor child under the age of sixteen. As part of his plea agreement, Palmer will be registered as a sex offender in his place of residence, for any future job and any time he enrolls as a student, under the Sex Offender Registration and Notification Act (SORNA).
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