Recently in Cruise Ship Passenger Injury Law Category

September 27, 2016

Injured Carinval Cruise Passenger Medevaced off Louisiana Coast

StaVenice_Logo.jpgThe Coast Guard is reporting that it medevaced a 60-year-old woman passenger from the Carnival Triumph cruise ship. Coast Guard Sector New Orleans received a call at 8:43 pm on Monday, September 26th, from the Carnival Triumph requesting a medevac of one of its passengers who was injured during the cruise. The request was related to Coast Guard Station Venice who dispatched a 45-foot response boat which met the cruise ship approximately seven miles off the Venice, Louisiana coast at 9:39 p.m. The injured passenger and her husband were transported to emergency medical services at the Venice Coast Guard Station. The couple were then transported by ambulance to Ochsner Medical Center in Kenner. The passenger is listed in stable condition. It is unknown at this time what caused the injury. The Carnival Triumph is currently sailing a Western Caribbean itinerary from New Orleans.

September 19, 2016

Woman Passenger Medevaced from Carnival Dream Cruise Ship

Coast-Guard-Medevac-Cruise-Passenger.jpgThe United States Coast Guard medevaced a 71-year-old female passenger from the Carnival Dream after she started have difficulty breathing. The medical emergency was reported the morning of September 18 when the cruise ship was near the mouth of the Mississippi River. The ship notified the Coast Guard that the passenger was showing signs of respiratory distress. The Coast Guard decided to dispatch a helicopter crew from its New Orleans air station to air-lift the passenger. The helicopter intercepted the cruise ship where the passenger and the ship's doctor was taken to West Jefferson Medical Center. The passenger is listed in stable condition.

September 12, 2016

NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit

Slip-and-Fall-Injury-NCL-Bathroom.jpgThis case involves a passenger aboard NCL's Norwegian Jewel cruise ship who allegedly slipped and fell in her handicapped accessible cabin's bathroom. The lawsuit filed in Miami, Florida Federal Court alleges that water backed up into the bathroom causing the floor to be unreasonably slippery. The complaint goes on to claim that when the passenger walked into her cabin's bathroom, she slipped and fell suffering an ankle injury. The passenger, after filing the lawsuit, passed away and her husband, as administrator of her estate, was substituted as the Plaintiff.

To establish a negligence claim under maritime law the plaintiff must show: (1) that the cruise line owed plaintiff a duty; (2) that defendant breached that duty; (3) that this breach was the proximate cause of plaintiff's injury; and (4) that plaintiff suffered damages. NCL asked the Court to dismiss the lawsuit arguing that a reasonable jury cannot find that it was negligent in causing the slip and fall accident. Under maritime law, to be found negligence for a transient hazardous condition such as water on the floor, the plaintiff must prove that the cruise line knew or should have known of the condition and had an opportunity to correct it before the accident. The cruise line argued that there was no evidence that it had notice of water on the bathroom's floor or any condition that could have led to the accident. Countering NCL's argument, the passenger's husband presented evidence that the cruise line knew that guest bathrooms had flooded in the past including five prior reports concerning the subject bathroom.

Continue reading "NCL Denied Summary Judgment in a Cabin Bathroom Slip and Fall Personal Injury Lawsuit" »

September 7, 2016

Coast Guard Reports Crews Searching for Woman Who Fell Off Carnival Cruise Ship

Carnival-Ecstasy-Passenger-Overboard.JPGThe Coast Guard tweeted this morning that crews are searching for a 32-year-old woman who reportedly fell of the Carnival Cruise ship Ecstasy 27 miles Southwest of Freeport, Bahamas. The woman is said to have fallen off the ship's Verandah deck around 2:30 AM Wednesday, September 07, 2016. The search and rescue operation is made up of a MH-65 Dolphin helicopter, HC-144 Ocean Sentry airplane and the Coast Guard Cutter Gannet. The Coast Guard Cutter Bernard C. Webber was also diverted to assist in the search and rescue. The ship was leaving Nassau and heading towards Charleston, South Carolina, where it was scheduled to arrive on Thursday. In addition to Coast Guard assets searching for the missing women, maritime law also requires the cruise ship to conduct a search and rescue operation until revealed.

Sources: U.S. Coast Guard Newsroom

Photo Credit: www.keyflux.com

September 6, 2016

Texas Man Dies in Jet Ski Accident During Shore Excursion

slide3.jpgA cruise ship passenger traveling onboard the Carnival Splendor died last Wednesday due to a Jet Ski accident at Cockleshell Bay in Sports, the 40-year-old man from Texas rented a Jet Ski and while jet skiing had some difficulty falling from the personal watercraft into the water. Friends assisted him to shore and Emergency Medical Services transferred him to Joseph N. France General Hospital where he was later pronounced dead. We extend our deepest sympathies to his loved ones. Local agencies are investigating this incident.

Cruise lines often offer various watersports as shore excursions. While many cruise ship passengers believe that excursions offered by the cruise lines on their websites are operated by the cruise lines themselves that is rarely the case. Cruise lines reject all responsibility for the negligence of independent contractors despite the control asserted over these companies and the large profits earned by the cruise lines from shore excursions.

We have successfully represented cruise ship passengers for injuries sustained while participating in shore excursions asserting various theories of liability against the cruise lines including negligence for failure to warn of dangerous or defective conditions and negligent selection and/or retention of shore excursion operators. For more information, please visit our Cruise Ship Passenger Shore Excursion Injury & Accident Page on our Website or Contact Us.

Sources:

Cruise Ship Passenger Dies From Jet Ski Accident in St Kitts
, Cruise Hive, September 3, 2016

Jet Ski Accident Claims Life of Tourist, SKNVibes, September 1, 2016

September 2, 2016

Georgia Woman Files Suit Against NCL for Alleged Rape by Cruise Ship Bartender

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A Georgia woman has filed suit against Norwegian Cruise Lines in the U.S. Southern District of Florida alleging she was raped by a bartender of the cruise line while she was a passenger aboard the M/V Norwegian Sky. According to the Complaint, the bartender singled out the woman and plied her with alcohol and/or spiked her beverage.

The woman claims the bartender took her to into an isolated crew-only storage room on deck 12 and shut the door, moments later the bartender entered the storage room and refused to let the woman out despite her repeated pleas. The last event the woman recalled before coming to on deck 11, was the man pushing her head down toward his penis and telling her to be a "good girl."

Upon coming to the woman claims she was sore in her private parts. She immediately reported the events to a security officer who rather than taking her directly to the infirmary took her to her room and had her drink water and eat while interviewing her. The complaint alleges that crew officials intentionally disregarded rape kit protocols, interfered with the collection of evidence and/or spoliated evidence from the sexual assault and potentially any substance in the alcoholic beverages she consumed.

Unfortunately, assault and rape reports by crew members aboard cruise ships against passengers and fellow crew members are all too common. With policies that encourage over-serving of alcohol to passengers while failing to properly supervise and monitor crew members, sexual assaults remain rampant on cruise ships despite measures by Congress to address this growing issue. Some measures include the 2010 passage of the Cruise Vessel Security and Safety Act, which requires cruise lines to report crimes involving U.S. citizens to the FBI and to disclose their crime statistics. The cruise lines reports may be accessed by visiting Department of Transportation website.

Our firm is experienced in handling sexual assault claims against cruise lines, for more information visit our Sexual Assault information page.


Sources:

http://www.browardpalmbeach.com/news/norwegian-cruise-lines-passenger-allegedly-raped-by-bartender-who-plied-her-with-drinks-8046266

August 28, 2016

Cruise Ship Collides with Three Boats in Boston Harbor

Boston-Harbor-Cruise-Ship-Collides.jpgThe U.S. Coast Guard is investigating a mechanical failure which caused the Boston Harbor Cruises ship Regency to collide with three other tourist boats belonging to the same company while approaching Long Wharf. A witness to the incident, Rick Natale, stated "It looked like the captain had no control." Natale told Fox News that the Regency collided with the speed boat Codzilla then became wedged between a whale-watching boat and water taxi. Other witnesses told news outlets that black, thick smoke emanated from the Regency as it tried to reverse.

The Regency was carrying dozens of passengers at the time of incident. Firefighters were called to the scene to escort passengers off the disabled cruise ship. All passengers and crew onboard the cruise ship was able to safely disembark. The Coast Guard reported that the whale watching boat and water taxi suffered only minor damage for the incident but the Regency and Codzilla would require repairs.

A statement issued by Boston Harbor Cruises read: "that an air control actuator in one of the vessel's four engines malfunctioned. This failure prevented the captain from disengaging forward propulsion on the outboard starboard engine during his approach to Long Wharf."


Sources: Fox News Travel
Maritime Executive

Photo Credit: Evan Kirstel / Twitter

August 22, 2016

45-Year-Old Man Found Dead on Royal Caribbean Cruise Ship

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A 45-year-old American man was found dead in his cabin on board the Grandeur of the Seas on Saturday, August 20. No foul play is suspected at this time but Bermuda police continue to investigate the man's death along with ship authorities. We extend our deepest condolences to the man's family.

The Grandeur of the Seas was sailing an 8-night Bermuda and Bahamas cruise and is scheduled to arrive in home port in Baltimore, Maryland on August 27.

We will continue to monitor this story and report on any developments.

Sources and Photo Credit:

Photo: Tony Hisgett, Creative Commons

Police Confirm Death of Cruise Ship Passenger, Bernews, August 21, 2016

Cruise Ship Passenger Found Dead in Cabin, The Royal Gazette, August 21, 2016

August 18, 2016

Cruise Ship Fire Forces More Than 500 Passengers and Crew Personnel to Evacuate in Puerto Rico

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An America Cruise Ferries cruise ferry combination ship had to evacuate 500 plus passengers due to a fire that started in the ship's control room and was unable to be put out by ship personnel. According to reports a hose carrying fuel burst open and caught fire. The fire was eventually extinguished but the boat system's collapsed and the ship was rendered unsafe requiring the evacuation of all passengers and crew members.

Although no fatalities or major injuries were reported, 24 people were hospitalized and many were treated at the scene for heat stroke and dehydration. The Caribbean Fantasy was traveling from Puerto Rico to the Dominican Republic carrying mostly Dominican passengers. Among the passengers were a 22 member cycling team, a girls' volleyball team and a boys' baseball team.

The ship has been safely docked at San Juan's harbor in Puerto Rico.

Sources and Photo Credit:

Photo: Carlos Giusti/Associated Press

Cruise-Ship Fire Near Puerto Rico Spurs U.S. Coast Guard to Evacuate Passengers
, The Wall Street Journal, August 17, 2016.

More than 500 Evacuated Burning Ferry Off Puerto Rico, Independent, August 17, 2016.

August 16, 2016

Woman Survives Fall off Royal Caribbean Cruise Ship

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A 32 year-old woman traveling aboard a Royal Caribbean cruise ship fell overboard last Wednesday after leaning too far over the guard rail of the fourth deck while sightseeing. The height from the fourth deck to the water is estimated to be 65 feet. Her parents, reportedly traveling with her did not realize she was missing until hours later when she did not return from a stroll around the ship. Her family and more than 100 volunteers searched the ship to no avail. Police gave her parents little hope of her survival if she had fallen from the deck to the water.

Incredibly, the woman survived the fall into the icy water and drifted at sea for 38 hours without a life jacket. She reported yelling for help to other passing ships but was not heard. It was not until Friday morning that a fishing boat spotted her and rescued her. She was taken to the hospital to treat blisters on her arms from jellyfish stings and was released on Saturday.

The ship was on a five day cruise from Shanghai to South Korea and Japan.

Sources and Photo Credit:
AFP
Woman Survives 38 Hours in the Sea after Falling from Cruise Ship, The Telegraph, August 16, 2016.
Woman Falls Overboard on Royal Caribbean Cruise Ship, Starts at 60, August 16, 2016.
Woman Survives Fall from Ship Which Leaves Her Drifting At Sea for 38 Hours, Mirror, August 16, 2016.

August 15, 2016

Royal Caribbean Anthem of the Seas Returns to Port Due to Medical Emergency in Pool

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Royal Caribbean ANTHEM OF THE SEAS makes news again after a 72-year-old woman was reportedly having trouble swimming in one of the ship's pools. The woman was initially taken to the ship's infirmary but she required further medical treatment so the ship sped up to arrive into Cape Liberty, New Jersey for a medical evaluation.

According to the Jersey Journal, a Philadelphia man aboard the ship witnessed the incident and said that when he and his wife arrived in the area the woman had just been pulled from the water, was unresponsive and had a pale/purple look.

The woman's condition remains unknown.

Sources and Photo Credit:

Royal Caribbean Ship Returns to Bayonne After Woman's Medical Emergency in Pool
, The Jersey Journal, August 13, 2016.

July 25, 2016

Two Cruise Passengers Medevaced Off Norwegian Gem

Two-Passengers-Medevaced-Off-Norwegian-Gem.jpgThe Coast Guard is reporting a medical evacuation of two passengers off the Norwegian Gem. The rescue occurred early morning on July 24, 2016. The cruise ship contacted sector Hampton Roads Command Center in Portsmouth and notified it that the two passengers were experiencing "medical complications". The liner was about 75 miles northeast of Cape Henry at the time of the emergency. The medical rescue was executed by a MH-60 Jayhawk helicopter crew and assisted by a C-130 Hercules aircraft crew from Air Station Elizabeth City, North Carolina. Both men were hoisted on board the helicopter shortly after 5 a.m.

The passengers were flown to Sentara Norfolk General Hospital in Norfolk for treatment. The Norwegian Gem is operated by Miami, Florida based Norwegian Cruise Line.

July 19, 2016

74 Year Old Passenger Medevaced Off Carnival Breeze

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Defense Imagery and Video System reports that the U.S. Coast Guard medevaced a 74 year old passenger from the Carnival Breeze on July 18, 2016. The Coast Guard Command center received a call around 3:20 p.m. reporting that a man was unconscious and had been revived by Carnival medical staff. The cruise ship was approximately 379 miles southwest of St. Petersburg, Florida.

The helicopter crew arrived at approximately 8 p.m., hoisted the man and flew him to Tampa General Hospital where he arrived at about midnight. According to reports, the man was in stable condition upon arrival.

Cruise lines often tout that their medical facilities provide similar quality standards to medical facilities ashore. However, more often than not, passengers have to be medevaced to hospitals for further treatment. The incident above underscores how crucial it is for shipboard medical staff to timely evaluate patients as the process for emergency medical evacuations can take many hours, time which could be crucial if a person is critically injured or sick.

Source and Image Credit:

Coast Guard Medevacs Man 379 Miles Southwest of St. Petersburg, July 19, 2016

July 18, 2016

Passenger Medevaced Off Royal Caribbean Cruise Ship after Experiencing Stroke-Like Symptoms

Royal-Caribbean-Cruise-Passenger-Medevaced-Sitka-Alaska.jpgThe Coast Guard reports that an aircrew from its Sitka Alaska Air Station medevaced a passenger from a Royal Caribbean cruise ship last Tuesday. The 17th District Command Center was informed by the master of the Explorer of the Seas that a 57-year-old passenger was experiencing stroke-like symptoms and requested that he be medevaced to a land-based hospital. The Coast Guard's duty flight surgeon was consulted and recommended the medevac. The aircrew met the cruise ship in the Chatham Straight near Sitka and hoisted the man onto the rescue helicopter. The passenger was then transported to Sitka where he was met by awaiting emergency medical services personnel.

Petty Officer 1st Class Trevor Frommherz of Coast Guard 17th District Watchstander stated in a press release that, "During the summer months there is increased activity on the water, and our crews stand watch around the clock." "The ability to safely hoist someone in distress from a cruise ship despite the often unpredictable Alaskan weather is a testament to the training our men and women put in on a daily basis." Fortunately, there was fair weather conditions at the time of the medevac.

There has been no further report on the passenger's condition.

Source & Photo Credit: Coast Guard News

July 1, 2016

8 Year Old Boy Nearly Drowns on Board Royal Caribbean Cruise Ship

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Royal Caribbean ANTHEM OF THE SEAS was forced to return to New Jersey just hours after it had departed after an eight year old boy nearly drowned in a pool on board. The young child is reported to be in critical condition. According to the Coast Guard, the boy had been in the water for eight to 10 minutes before cruise officials found him. The child was Medevaced to Staten Island University Hospital, where his family was expected to join him.

In March, a 4-year old boy nearly drowned in a pool on board the Royal Caribbean OASIS OF THE SEAS. The toddler was in the pool for five minutes underwater and no longer had a pulse before cruise passengers jumped in to perform CPR. Just in December of 2015, an 8-year old boy drowned on Royal Caribbean's LIBERTY OF THE SEAS. He was spotted by another guest and unable to be revived.

Despite the many incidents involving drownings and near drownings on board cruise ships, most cruise lines do not have lifeguards on their ships. Royal Caribbean has recently indicated it does not, nor does it plan to add, lifeguards on its ships. Disney Cruise Lines (Magical Cruises) remains as the only cruise line to provide lifeguards, which was put in place in reaction to a small child who nearly drowned aboard its FANTASY cruise ship. For an industry that depends upon families vacationing on their ships, it is truly appalling that cruise lines refuse to implement basic pool safety precautions to protect the very same families who support their business.

Cruise lines should be required to provide similar safety precautions followed by shore side resorts. These precautions, such as lifeguards, swimming instructors and child barricades are relatively inexpensive and proven to save lives.

Our law firm handles all sorts of pool and hot tub related injury and death cases and we often find that such accidents can easily be prevented. In other words, there is NO EXCUSE why a child must die in a swimming pool.

We extend our deepest sympathies to the family of the young child and wish him a speedy recovery.

Sources:

Boy nearly drowns, NBC news, July 1, 2016.

Child nearly drowns in pool, pix11, July 1, 2016

Anthem Seas Cruise Ship forced to return to New Jersey,
July 1, 2016