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May 16, 2016

Woman Goes Overboard from Galveston, Texas Based Carnival Cruise

Samantha Broberg Carnival Liberty.jpgThirty-three year old passenger, Samantha Broberg, was reported missing by friends on the Galveston, Texas based Carnival Liberty Friday morning. Upon being notified that Ms. Broberg, a mother of four, was missing, Carnival performed a ship wide sweep and review of CCTV footage. The cruise ship's CCTV system captured video footage of a female passenger falling overboard at approximately 2 a.m. It is reported that approximately 10 hours later, Carnival notified the Coast Guard that Ms. Broberg went overboard. The Coast Guard began a search but on Sunday night, after a 20 hour operation covering over 4,300 square miles, the Coast Guard announced that the search operation was suspended. The Carnival Liberty was approximately 195 miles from Galveston, Texas when Ms. Broberg went overboard. The ship was sailing on a four-day Mexican cruise.

The Federal Cruise Vessel Security and Safety Act of 2010 requires cruise lines to integrate technology that can be used for capturing images of passengers or detecting passengers who have fallen overboard. It is uncertain why it appears that Carnival took 10 hours to confirm Ms. Broberg went overboard. Notwithstanding the Federal law requiring cruise ships to have technology which will alert and confirm that a person went overboard, cruise ships also have a duty to perform a search and rescue operation, and to notify the U.S. Coast Guard in a timely fashion once it is discovered that someone has fallen overboard. Such search and rescue procedures are required for all overboard occurrences, whether involving a passenger or crew member.

Passengers and crew falling overboard from a Carnival ship departing Galveston is nothing new. In March of 2015, a male passenger's body was recovered after falling overboard from the Galveston based Carnival Triumph. In February of 2012, a Carnival crew member slipped and fell from a Galveston based cruise and was later rescued. In September of 2011, a man went overboard from the Carnival Conquest. The full circumstances surrounding how and why Ms. Broberg ended up overboard are still under investigation. It is not uncommon for cruise lines to issue press releases stating that passengers went overboard intentionally. In numerous instances, however, the excess service of alcohol is linked to a passenger's disappearance. The service of alcohol is a major profit center for the cruise lines. We will continue to monitor this incident and report of any additional information learned.

Photo Credit: New York Daily News

May 4, 2016

Florida Panhandle Diving Accident Leaves One Commercial Diver Dead

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A Florida panhandle diving accident leaves one commercial diver dead and one injured in an accident last month near Tyndall Air Force Base near Panama City, Florida. The accident occurred on April 7th, 2016, but very few details of the accident have emerged. Media report that four divers were operating out of an inflatable zodiac boat when the accident occurred around 2:00 in the afternoon causing the death of one diver and another diver to be hospitalized with injuries. The Coast Guard is investigating.

Commercial diving is a high risk career which involves all of the risks of recreational diving such as drowning, hypothermia, decompression sickness, air embolism, and equipment failure but commercial divers often face additional hazards of underwater construction zones which include power tools, welding, cutting and demolition. When accidents happen it can leave the diver with disabling injuries or, in the event of death, the diver's family may not only lose their source of support, but they may also be left with many unanswered questions about what caused the accident that took their loved one.


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May 3, 2016

Commercial Diving Accidents and Injuries

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Commercial divers injured during diving accidents may have legal rights to recovery under federal admiralty and maritime law. While a non-maritime legal expert may be familiar with state negligence or wrongful death law, a maritime attorney will best be able to determine whether maritime law applies. This could mean the difference between the amount of recovery for your injury, the time period in which you must file your injury or wrongful death claim, and even whether recovery is possible at all.

What to do if you are injured in a diving accident

It is important to know your rights and to know what benefits you may be entitled to if a diving injury or tragedy happens to you. The Board Certified Admiralty and Maritime Law Attorneys at Brais Brais Rusak represent diving accident victims and their loved ones with over 70 years of combined experience. Brais Brais Rusak have recovered for victims under maritime law through the Death on the High Seas Act, the Jones Act, failure of employers to provide maintenance and cure, and unseaworthiness among other maritime or state law based causes of action.

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April 18, 2016

Florida Parasailing Accidents and Pre-Injury Releases

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Florida parasailing operators often use liability waivers or releases to attempt to escape responsibility when customers are injured under their care. Another common defense parasailing operators try to use to escape liability is the assumption of risk defense, meaning that the customer "assumed the risk" and is liable for his or her own injuries.

Pre-injury releases do not always provide the defense that negligent parasailing operators rely on. Courts consider pre-injury releases to be against public policy in cases where an operator ignores laws that are meant to prevent accidents.

The Florida Board Certified Admiralty and Maritime Lawyers at Brais Brais & Rusak ("BBR") specialize in representing injured clients against parasailing operators and jet-ski rental companies that require their customers to sign pre-injury releases. When a tourist's parasailing adventure turns into a tragedy and he or she finds themselves in a trauma center with life altering injuries, parasailing companies and their lawyers are immediately preparing to defend themselves with pre-injury release forms, assumption of risk defenses, and even with old Maritime laws like the Shipowner's Limitation of Liability Act. A good Maritime attorney knows how to get around these common defenses in order to help injured clients and their families hold negligent business owners/operators liable so that they can start to heal and get their lives back on track.

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November 9, 2015

Families of the El Faro Victims Have Only Until December 21, 2015 to File Wrongful Death Claims

El_Faro_Claims_Must_be_Filed_by_December_21_2015.jpgIn a move that is both unfortunate but expected, TOTE Maritime and Sea Star Lines obtained an order from a Federal Judge requiring the families of the 33 crew members who died while serving aboard the El Faro to file their wrongful death claims by December 21, 2015. This means that the families through a personal representative of the crew members' estates must file their claims in the Federal Middle District of Florida by the December 21, 2015 deadline or risk losing the right to sue TOTE Maritime and Sea Star Lines for the deaths of their loved ones.

Besides forcing grieving families to participate in a lawsuit which they may not be ready to emotionally address, the limitation proceedings initiated by TOTE Maritime and Sea Star Lines give the shipowners other distinct tactical advantages. First of which the limitation proceedings may entitle them to limit the total amount TOTE Maritime and Sea Star Lines have to pay the grieving families to $15,309,003.50. The order setting the December 21, 2015 filing deadline also stayed the various state court lawsuits brought against the El Faro's owners requiring them to refile their claims in the Federal limitation proceedings. The limitation proceedings also preclude the families from having a jury of their loved one's peers decide the case. Instead, a Federal Judge will be the sole fact finder.

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November 3, 2015

TOTE and Sea Star Lines File Limitation Proceedings in El Faro Sinking Case

Tote Seeks to Limit Liability in El Faro Sinking.jpgAs predicted by our Florida Board Certified Maritime Attorneys, TOTE Maritime and Sea Star Lines have filed a Petition for Exoneration from or Limitation of Liability for any damages associated with the death of the 33 sailors aboard the El Faro. The lawsuit is pending in the Federal District Court for the Middle District of Florida. The aim of the offensive suit is to exonerate, or if that fails, cap the amount payable to the families of the merchant mariners who lost their lives in the service of the ill-fated cargo ship. The question for those following this catastrophe is why TOTE who publicly stated "Our focus has been on supporting and caring for the family members, loved ones, and friends of those aboard the El Faro" is now seeking a Federal Court to exonerate it from any responsibility or limit the amount it must pay the families? The answer is simple. TOTE and Sea Star Lines' marine insurer has taken control of the defense of the case and the shipping companies are required under contract to cooperate in this legal maneuver so that the insurance company could lessen the amount of money it has to pay the victims' families.

Typically, a shipping company obtains liability insurance in the case of an injury or death occurring aboard its ship. The shipping company self-retains a portion of the exposure. This self-retention amount could range between one thousand to one million dollars. After that money is exhausted (either by paying defense attorneys or paying claims), the insurance company is responsible to pay the balance of the damage up to the policy limits (if there is a policy limit). As such, TOTE and Sea Star Lines' exposure is already capped at their self-retention. Consequently, the Limitation of Liability lawsuit filed on their behalf really only benefits the insurance company.

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October 29, 2015

El Faro Lawsuits and the Limitation Act

Fatal Course of the El Faro.pngOur maritime lawyers have recently been contacted by the media to provide legal insight on how the Shipowner's Limitation of Liability Act may impact the lawsuits filed in the El Faro disaster. It is important from the outset to note that the Limitation Act is an over 150-year-old statute designed to encourage United States shipping enacted in a time when insurance was rarely extended to American shipowners. The reasoning behind the Limitation Act was to provide shipowners with a safety net to lessen their financial exposure should a maritime disaster strike. Congress hoped this, in turn, would encourage businesses to invest in shipping and operate vessels within the United States. In modern times, however, every shipping firm has marine insurance to protect them financially from a catastrophic loss such as a ship sinking. Given the common use of insurance, many courts have commented that the Limitation Act is outdated and no longer serves its intended purpose. Congress, however, has not removed the law from the books and a judge must apply the Limitation Act if invoked. The purpose of this post is to discuss how the Limitation Act may be used in the El Faro lawsuits.

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October 11, 2015

Was the El Faro Unseaworthy?

Was_El_Faro_Unseaworthy.jpgAs was widely reported, the Coast Guard has suspended its rescue mission for the crew of the 40- year-old El Faro which sank off the coast of the Bahamas during Hurricane Joaquin. Since this incident made international news, stories are being shared about life aboard the ill-fated cargo ship. CNN reported that Kurt Bruer, a former quartermaster with six months of experience aboard the El Faro, stated that the ship had holes in its deck. Marvin Hearman who sailed on the ship as late as last August said there was rust everywhere. Hearman also revealed to CNN that the areas of the vessel such as the chief cook's room leaked water and that the ship has issues with drainage. Chris Cash, another former crew member, told CNN that the ship's owner Tote Services just bandaged the ship rather that preforming a proper repair. Tote disputes these claims and states the ship was properly maintained.

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October 6, 2015

Cargo Ship El Faro with 28 American Crew Members aboard Sunk Off the Bahamas

El_Faro_Sinking_Law.jpgThe United States Coast Guard confirms that the 790 foot cargo ship El Faro went down off the Bahamian coast with 28 American crew members aboard. The 41-year-old vessel was sailing from Jacksonville, Florida to San Juan, Puerto Rico to deliver cargo. It is reported that the vessel lost power while trying to sail around the approaching Hurricane Joaquin near Crooked Island. With no power the crew took a direct hit from a weather system which had estimated 140 mile per hour winds producing waves up to fifty feet. The Coast Guard found a 225 square mile debris field from the El Faro days after communication was lost. Within it was the awful discovery of a deceased crew member in his survival suit. At the time of this blog entry, no survivors have been found. The Coast Guard is continuing its search. The El Faro's owner, Tote Maritime, has set up a website providing periodic updates.

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September 23, 2015

Fatal Boating Collision off Watch Hill Light, RI

Krupinski Peggy K Death.jpgThe U.S. Coast Guard has reported that a 60-foot Princess yacht collided with a 25-foot commercial fisherman's vessel, southwest of Watch Hill Lighthouse. The collision occurred early Tuesday morning at approximately 10:00 a.m. The collision caused the fisherman's vessel to capsize, and the 81-year-old fisherman aboard the vessel sadly died.

Authorities have not yet released the identity of the deceased fisherman. However, the WesterlySun.com has reported that the fisherman's friends at Walker's Dock have identified him as Walter Krupinski, a commercial rod-and-reel fisherman who apparently sold his catch at Stonington Town Dock. The identity of the yacht operator has also not been released, but the operator was reportedly not injured. The Coast Guard escorted the yacht away from the collision scene.

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September 21, 2015

One Dies Four Injured in Florida Intracoastal Waterway Boating Accident

Pompano Beach Boat Accident.jpgSeveral news agencies are reporting a fatal boating accident which occurred last Saturday night in the Pompano Beach, Florida Intracoastal Waterway. Though no eye witnesses have yet to be identified, at least one person heard the accident. Tracia Latino stated that she was watching television at her home when she heard a crash which sounded like thunder. Florida's Fish and Wildlife Conservation Commission, which is investigating the incident, said two boats, one carrying five people and the other carrying two collided around 8:21 p.m. Authorities were notified that one person went missing after the crash. The Coast Guard halted all boat traffic for several hours in order to conduct a search for the missing boater. After a long search by several agencies throughout the night, the body of the missing man was recovered Sunday afternoon. Law enforcement later identified the man as William Alfred Ineson, Jr.

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June 28, 2015

Eight Holland American Line Cruise Passengers Tragically Die While on an Alaskan Shore Excursion Sight-Seeing Tour

Alaska_Plane_Crash_Kills_9.jpgEight Holland American Line cruise ship passengers tragically died on Thursday, June 25, 2015 when a DeHavilland DHC-3 Otter float plane crashed, some 25 miles northeast of Ketchikan, Alaska. The crash occurred at approximately 2:00 p.m., at about 800 feet above a lake in the Misty Fjords area. Onboard the sightseeing flight at the time of the crash were the eight cruise passengers plus the pilot. Despite some investigation by authorities, the cause of the horrible crash into a cliff has not yet been identified. Alaska State Troopers, however, have identified the victims as: Hal Cheney, 71 and Mary Doucette, 59, both of Lodi, California; Glenda Cambiaso, 31 and Hugo Cambiaso, 65, both of North Potomac, Maryland; June Kranenburg, 73 and Leonard Kranenburg, 63, both of Medford, Oregon; Margie Apodaca, 63 and Raymond Apodaca, 70, both of Sparks, Nevada; and the pilot, Bryan Krill, 64, of Hope, Idaho.

All eight passengers were sailing on the MS Westerdam, a Holland American cruise ship that departed Seattle, Washington on Saturday, June 20, 2015 for a seven-day round-trip cruise. News outlets have reported that the sightseeing airplane ride was a shore excursion sold through the cruise line Holland American Line. The actual float plane is owned by a company named Promech Air, self-identified as the largest "air taxi" operating in southeast Alaska for 30 years. According to the Alaska Dispatch News, just two years ago in 2013, another Promech Air float plane crashed on Prince of Wales Island, injuring four people. It is unknown whether Holland American Line was aware of this prior incident.

Generally, shore excursions sold through a cruise line contain exculpatory clauses that purport to relieve a cruise line and/or a shoreside excursion company from any liability resulting from an accident or injury that may occur during a shoreside excursion. While narrow and unambiguous exculpatory clauses have been enforced by certain courts in favor of cruise lines and shore excursion operators, cruise lines may still be held responsible for the negligent selection of a shore excursion company. We will continue to follow the investigation into this devastating crash, including whether Holland American Line was aware of Promech Air's prior incident but nevertheless continued to offer and sell the company's tours to its cruise ship passengers.

Our deepest sympathies and condolences go out to the families of the crash victims.

ADDITIONAL RESOURCES:

http://www.cnn.com/2015/06/26/us/alaska-plane-crash/
http://www.seattletimes.com/nation-world/plane-missing-in-alaska-with-nine-on-board/

PHOTO CREDIT: http://skift.com/2015/06/26/8-holland-america-cruise-passengers-killed-in-alaska-tour-plane-crash/

May 18, 2015

Girl Drowns in NCL Cruise Ship Pool

Norwegian Gem Pool.jpgTragedy has struck. It is being reported that a 10-year-girl has drown in one of the swimming pools aboard the NCL operated Norwegian Gem cruise ship. Coast Guard Spokesperson, Nate Littlejohn, stated the cruise ship was 75 miles off the coast of Myrtle Beach, South Carolina, when the girl drowned. The ship's medical staff administered CPR, but the girl could not be revived, according to the statement released by Norwegian Cruise Lines. The Norwegian Gem was on a seven day voyage from New York to Florida and the Bahamas. The Coast Guard is investigating the death.

We have written extensively on aquatic safety not only aboard cruise ships but at resorts and sadly our attorneys represented families of drowning victims. Often times we have proven that pool drowning deaths are 100% preventable. There is no reason why many cruise lines do not staff their ships with life guard and do not have childproof barriers. Such safety precautions are uniformly followed by shore side resorts. These precautions are relatively inexpensive and save lives.

We invite you to read our other articles about pool safety.

Toddler's Pool-Drowning Underscores Need for Pool Safety Procedures (Published on Apr. 30, 2015)

Two Passenger Drowning Incidents Occur at Disney's Castaway Cay (Published on Mar.6, 2015)

Boy Who Nearly Drowned Aboard a Royal Caribbean Cruise Ship Left in Critical Condition (Published on Jan. 6, 2015)

Five South Florida Drownings in Three Weeks (Published on Oct. 19, 2014)

Boy Found on Bottom of Royal Caribbean Cruise Ship Fights for Life (Published on May 31, 2014)

Child Drowns in NCL Ship's Pool (Published on Feb. 4, 2014)

Florida Boy Drowns in Carnival Cruise Ship's Pool (Published on Oct. 15, 2013)

Judge Rules Sandals Resorts & Pool Component Manufacturers Must Stand Trial in Miami, Florida for Bahamas Entrapment Drowning Death (Published Mar. 27, 2013)

March 28, 2015

Royal Caribbean Cruise Passenger Feared Dead

Liberty of the Seas Accident Attorney.bmpThe Coast Guard has called off its search for Frank Slippo, a Royal Caribbean cruise passenger, who fell overboard the Liberty of the Seas. CCTV cameras confirm that the 43-year-old Slippo climbed over the railing at around 9:00pm last Sunday before falling off the cruise ship. The Liberty of the Seas was approximately 20 miles off the Florida Keys when the incident happened. As required by maritime law, Royal Caribbean began a search and rescue mission once it was confirmed the passenger fell overboard. Coast Guard Sector Key West was notified and conducted a 1,734 square nautical mile search lasting more the 57 hours. Slippo is feared dead.

March 18, 2015

Passenger Falls Off Galveston Based Cruise Ship

Carnival Triumph.jpgMultiple media sources are reporting that a passenger is believed to have died after falling off a Galveston based cruise ship operated by Carnival. On the evening of March 17, 2015 shipboard personnel aboard the Triumph were notified that a 57-year-old passenger fell overboard while the ship was off the northern coast of Mexico. CCTV video confirmed the passenger fell overboard. Cruise lines have a duty under maritime law to perform a search and rescue mission once it becomes known that someone, whether that person is a passenger or crew member, has fallen overboard. It is reported that the ship notified Mexican authorities and initiated a search and rescue operation. The next morning Mexican authorities found a body believed to be the passenger who fell off the cruise ship. The Triumph was returning to Galveston from a five day Mexican cruise.