The Jacksonville Command Center for the U.S. Coast Guard received a call Monday night that 31-year-old passenger aboard the Carnival Sunshine was in need of a higher level of medical care than the cruise ship medical staff could offer. A 45-foot Coast Guard response boat was dispatched from Port Canaveral with emergency medical service personnel aboard and met the Carnival Sunshine off the Florida coast. The passenger along with a nurse from the cruise ship boarded the response boat and were taken to Jetty Park where the Brevard County Fire Rescue took over and transported the passenger to Health First Cape Canaveral Hospital. There is no word on the passenger’s medical status at this time.
A Girl has died after a fall from a Carnival cruise ship at the Port of Miami. Reports reveal that the 8-year-old girl fell two stories from the interior atrium aboard the Carnival Glory Saturday morning. Shortly after the incident, a retired paramedic started preforming resuscitation efforts. The ship contacted Miami-Dade Fire Rescue which took over resuscitation efforts and transported the child to Ryder Trauma Center at Jackson Memorial Hospital, where she was pronounced dead hours later. The Carnival Glory had just returned to the Port of Miami after completing a 7-day Caribbean voyage when the incident occurred. This is the third incident in recent times were a child has fallen over a railing aboard Carnival cruise ship. On August 4th, a three-year-old girl fell from the balcony onto the lido deck aboard the Carnival Breeze. In June, 2016, another three-year-old girl slipped through the rail of a Carnival Liberty ship from the 14th deck to the 12th deck. Thankfully, both children survived those falls.
A 68-year-old man traveling on board the Explorer of the Seas is reported to have fallen down a flight of stairs on Tuesday sustaining serious injuries including rib injuries. Per reports, the ship’s captain contacted the U.S. Coast Guard command center in Juneau and a flight doctor recommended the medevac. A Jayhawk helicopter was sent out and the cruise ship passenger was safely hoisted up and then taken to a medical facility on land in Sitka, Alaska.
The Explorer of the Seas is operated by Royal Caribbean and at the time of the incident, it was on a week-long Alaska voyage departing from its homeport in Seattle on July 7 and scheduled to return on July 14.
The condition of the passenger is unknown at this time.
A Miami Federal Judge has ruled that a Royal Caribbean cruise passenger injury case can proceed to a jury. This case involves a fall in the Oasis of the Seas multipurpose auditorium. The passenger was participating in a Game Show organized by the cruise line. At one point, he was invited onto the stage. While making his way to the stage, the passenger fell claiming that he was not able to discern the twelve plus inch drop from the seating area to the stage floor. From this incident, the passenger filed a lawsuit in Federal Court alleging negligence and negligence design.
Royal Caribbean’s Motion for Summary Judgment
In order to prevail against a cruise line, the injured passenger must prove by a preponderance of the evidence that there was an unreasonable dangerous condition that caused the accident. The injured passenger must also prove that the cruise line knew or should have known of the dangerous condition. Royal Caribbean argued that the step was not dangerous as a matter of law, that it did not have a duty to warn of the step and that it was not involved in the design of the step. Royal Caribbean filed a motion for summary judgment seeking to dismiss the passenger’s injury case.
The Southern District of Florida has ruled that a cruise passenger trip and fall accident case can proceed to trial over a motion filed by Celebrity Cruises to dismiss the case. In this case, a passenger aboard the Celebrity Summit was walking towards the front of the ship through the Rendezvous Lounge after the mandatory muster drill. While passenger turned the corner to exit the lounge, he tripped and fell to the floor. The passenger claimed that the base of a small table caused his fall. The trip and fall accident resulted in a shoulder injury.
The passenger filed a lawsuit in the Miami division of the Southern District of Florida alleging the table was negligently designed, Celebrity created a hazardous condition by removing chairs from the table thereby exposing the pertruding table base in close proximity to the walkway and Celebrity failed to warn him of the hidden danger. Celebrity filed a motion for summary judgment seeking the federal court to dismiss the case arguing that the cruise line did not design the table, the cruise line did not have notice of the alleged hazardous condition, the alleged hazardous condition was open and obvious, and the alleged negligence was not the proximate cause of the cruise passenger’s trip and fall accident. In a well written order, the court found that while the passenger did not present evidence to establish a claim for negligent design, he did present enough evidence for his personal injury case to proceed to trial on the other claims.
On July 17, 1996, at approximately 8:30 p.m., a Boeing 747-131 aircraft, operated by Trans World Airlines as TWA Flight 800, departed from John F. Kennedy Airport in New York City for Rome, Italy, carrying 230 passengers and crew. As the aircraft flew over the ocean near Long Island, all radio communications abruptly ceased and the flight data recorder stopped recording data. The pilot of an Eastwind Airlines Boeing 737 reported seeing TWA Flight 800 suddenly explode, break apart in mid-flight, and crash in to the sea. All 230 passengers and crew onboard the aircraft perished.
The TWA Flight 800 tragedy captured the attention of the American public and Congress and ultimately resulted in the passage of what is known as the Commercial Aviation Exception to the Death on the High Seas Act (DOHSA) or 46 U.S.C. § 30307. The Commercial Aviation Exception made damages for loss of care, comfort and companionship, known as nonpecuniary damages, for wrongful death of a decedent recoverable if the death resulted from a commercial aviation accident occurring on the high seas. The stated purpose of the bill was to help ensure that families of airline accident victims would receive fair treatment under the law regardless of where the accident occurred.
Slip and fall accidents occur with regularity on cruise ships. One defense that all the major cruise lines assert in such claims is that they did not have the requisite notice that the deck was wet and slippery.
The Notice Defense
In slip and fall cases, the mere fact that an accident occurred or that the deck was slick dose not automatically make the cruise line liable for a passenger’s injuries. Where a deck becomes wet due to weather or spills caused by non-crewmembers, maritime law requires the injured plaintiff to prove that the cruise line either had notice of the risk-creating condition. Notice comes in two varieties, “actual” and “constructive” “Actual notice” is when the defendant knows of the risk-creating condition. “Constructive notice” is when it could be shown that the dangerous condition has existed for such a period of time that a reasonable shipowner would have known the condition was present. A recent case from the Southern District of Florida exemplifies how an injured passenger can prove a cruise line was on notice of a slippery deck.
In July 2010, Congress passed the Cruise Vessel Security and Safety Act (“CVSSA”); legislation designed to improve the security and safety of passengers aboard cruise ships. Under the CVSSA, vessels are required “to integrate technology that can be used for capturing images of passengers who have fallen overboard, to the extent that such technology is available.” Such requirements were to take effect 18 months after the date of the enactment of the CVSSA on or about January, 2012. To date it is clear that cruise lines have been resistant to implementing man overboard systems. Since the enactment of the CVSSA, there have been approximately 143 persons reported to have fallen overboard from cruise ships. In 2017 alone, there have been 11 reported cases.
Cruise lines such as Celebration Cruise Line, claim that the Coast Guard does not enforce the CVSSA § 3507(a)(1)(D) provision and therefore compliance is optional. Varner v. Celebration Cruise Operator, Inc., 2016 U.S. Dist. LEXIS 137588 (S.D. Fla. Sept. 30, 2016). Disney Cruise Line is the only major cruise company that appears to have integrated an automatic man overboard system while most cruise lines still only rely on safety railings, unmonitored surveillance cameras, eyewitness accounts, and reports by family members or others that a person is missing. Automatic man overboard systems notify the crew when a person has fallen overboard and are equipped with radar and sensors to establish a perimeter around a ship. In the absence of automatic systems, by the time a person is reported missing and a search of the ship is completed including review of closed-circuit TV video, critical time has passed, often many hours, making it practically impossible to find people that have gone overboard.
Two incidents in the past week involving passengers going overboard of cruise ships, show the difference an automatic man overboard system can make. On May 5, 2017, a 61-year-old American man who was travelling alone on-board the Golden Princess cruise ship during a 13-day sailing through the South Pacific went missing. A steward became concerned about the man’s whereabouts and a thorough search of the cruise ship including review of the CCTV video failed to find the man. Thus, the incident is being treated as a man overboard incident.
On May 4, 2017, a man went overboard during a four-night sailing through the Bahamas on-board the Disney Dream. The man went overboard in the early evening and it was immediately noticed by the staff on the ship. Per reports, the U.S. Coast Guard arrived about 45 minutes later and the man was rescued after about 90 minutes and provided medical attention.
A 71-year-old woman slipped onboard the Carnival Ecstasy sustaining a head injury that required her to be medevaced. The U.S. Coast Guard deployed a helicopter to assist in her medical evacuation. The vessel was 75 miles off the Florida coast at the time and on its return to its home port of Charleston.
The passenger and an onboard nurse are reported to have been hoisted on to the hilicopter and were flown to a Florida hospital. A passenger of the Carnival Ecstasy is recovering after suffering a head injury during the ship’s return to its home port of Charleston.
Copyright 2017 WCSC.
Reco Scott a 32-year-old man from Decatur, Georgia on board the Carnival Liberty cruise ship while on his honeymoon is missing. Mr. Scott married Angelijica Scott last Saturday before boarding the Carnival Liberty in Port Canaveral. According to Carnival’s spokeswoman Jennifer De La Cruz, Mr. Scott “was observed jumping from a cabin balcony about at around 4:53 a.m. on Friday. The ship was approximately 10 miles northwest of the Berry Islands in the Bahamas at the time of the incident. The cruise ship was turned around and crew members launched a search of the boat.
According to the U.S. Coast Guard 7th District, a Coast Guard Air Station Clearwater MH-60 Jayhawck helicopter crew deployed to Great Iguana, Bahamas. The Coast Guard Cutter Charles David Jr., Coast Guard Air Station Miami HC-144 Ocean Sentry airplane crews, the Carnival Liberty cruise ship and the Norwegian Jade cruise ship assisted with the search which lasted 29 hours and covered 1,064 miles. The Coast Guard suspended its search on Saturday at about 6:00 p.m. extending its thoughts and prayers to the family and friends of Mr. Scott.