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November 23, 2005

Kin of woman missing on cruise sue Carnival

Lipcon, Margulies & Alsina, P.A. is in the news regarding cruise passenger disappearance. Our firm is hired to represent the family of Annette Mizener. Read the news story below.

The family of a Wisconsin woman who disappeared from a cruise ship sued Carnival Corp. for $15,000 on Monday, claiming the crew's failure to monitor a surveillance camera delayed search-and-rescue efforts.

The surveillance camera in the area where Annette Mizener's purse was found had been covered, preventing the crew from seeing her go overboard, according to the civil lawsuit filed in Miami.

''Had they checked on it immediately when it was covered, they would have known she was overboard,'' said Charles Lipcon, a Miami attorney representing Mizener's family. ``There was a long delay due to a failure to monitor the camera, or check why it didn't show a picture.''

Mizener, 37, disappeared from the Carnival Pride on Dec. 4 during a weeklong cruise in Mexico with her parents and 17-year-old daughter.

Source: The Miami Herald November 22, 2005

November 22, 2005

Carnival Cruises Sued by Family of Wisconsin Woman who Disappeared

USA Today wrote a story about missing cruise passenger Annette Mizener. Charles Lipcon is representing the Miznener family.

An excerpt from the story is below:

The family of a Wisconsin woman who disappeared from a cruise ship sued Carnival Corp. on Monday, claiming the crew's failure to monitor a surveillance camera delayed search and rescue efforts. The surveillance camera in the area where Annette Mizener's purse was found had been covered, preventing the crew from seeing her go overboard, according to the civil lawsuit filed in Miami.

"Had they checked on it immediately when it was covered, they would have known she was overboard," said Charles Lipcon, a Miami attorney representing Mizener's family. "There was a long delay due to a failure to monitor the camera, or check why it didn't show a picture."

Source: USA Today

Read the entire article on the USA Today web site.

Learn more about cruise passenger disappearances and the law regarding search and rescue.

November 15, 2005

FOX26 NEWS (Houston) - Cruises...Hot Vacations...Cold Truth

Video clip of FOX26 NEWS (Houston) segment "Cruises...Hot Vacations...Cold Truth / Cruise Ship Crimes"


View Clip [Windows Media]


Airdate: November 15, 2005
Subject: Cruises...Hot Vacations...Cold Truth / Cruise Ship Crimes
Program: FOX26 NEWS (Houston)

November 12, 2005

Rape & Sexual Assault on Cruise Ships

Rapes are much more common that you would think on cruise ships. On one news show covering this topic (I think it was A Current Affair), stated that cruise ships are just big parties/ drink-fests which is partly to blame for so many rapes occuring on ships. Things like "ruffies" (a.k.a. the date rape drug) are put into girls drinks to get them wasted, something you wouldn't really think to have to worry about when departing on your dream cruise.

Most people depart with family or friends on their cruise vacation not even giving safety a though. There's a false sense of security when you are on a cruise, you think nothing can happen because the perpetrator would have no where to run. Actually, its really the opposite....crimes aboard cruise ships are hardly, if ever, prosecuted. Lipcon, Margulies & Alsina, P.A. discovered that one cruise line had 173 incidents of sexual assault or rape in a 5 year period, and not a single one resulted in a prosecution.

So the questions that come to mind are:
- What can the cruising industry do to make cruise ships safer?
- What can you do while on board a ship to ensure the safety of yourself, your family and/or your friends?
- When these horrible incidents do happen, how come nothing is done about it?

More information on cruise ship rapes can be found on the following sites:

CruiseRape.com: web site created by a cruise ship rape victim named April. There's her whole story as well as a video of her interview on A Current Affair.

http://www.lipcon.com/news_tv.shtml: several clips from Television shows including A Current Affair, CourtTV, MSNBC, Fox News, the O'Reilley Factor and more

We are interested in hearing all of your comments and experiences, if any, on cruise ship crimes and safety so let us know what you think and if you're going on a cruise STAY SAFE!

November 11, 2005

Geraldo at Large - Mystery on the High Seas

Video clip of Geraldo at Large segment "Mystery on the High Seas"


View Clip [Windows Media]


Airdate: November 11, 2005
Subject: Mystery on the High Seas
Program: Geraldo at Large

November 10, 2005

Congressional Investigation Ordered on Missing Cruise Passenger George Smith

We all remember hearing about missing cruise passenger George Smith, who went on a cruise for his honeymoon, never to be seen again. George Smith was never found and his family it seems may never know what really happened to him. Finally, last month, Congress ordered an investigation into his disappearance and MSNBC has been airing specials on this as well as on other cruise ship crimes.

View the most recent clip from MSNBC's Scarborough Country, which features maritime attorney Charles R. Lipcon discussing the congressional investigations ordered on missing cruise passenger George Smith.

What Every Cruise Ship Passenger Needs To Know

The average person about to embark on a dream cruise ship vacation never thinks about the things that can go wrong. Fortunately, in the vast majority of cruises things go right which is why cruise ship vacations are growing at a phenomenal pace.

THINGS TO KEEP IN MIND

1) The ticket. You will receive a multi-page ticket with extremely small print that virtually no one ever reads. Read it. Some very important rights are affected by this ticket. If you become sick or injured due to the fault of the shipping company a lawsuit must be filed within one year or you are out of luck. Many people, including many lawyers, miss this provision in the ticket. After one year, you are out of luck. There are a few exceptions which only apply in rare instances.

2) Applicable law. On the cruise ship, don't think that you are in the United States. Look at the flag of the vessel. If it is Bahamian, you are in the Bahamas. If it is Panamanian you are in Panama. There are certain exceptions to this, but not many.

3) Medical care. Just because the doctor wears a nice uniform and works in the ship's hospital, don't assume he really knows what he is doing. If you have a medical condition research the standards of the shipping company that you are sailing with. Some are better than others. If you have a heart condition, you don't want to be on a ship that uses psychiatrists, as an example, as a ships doctor.

4) Crimes. These occur on ships just like anywhere else. Be aware that the same crimes that occur on land can occur on a ship. Be tuned into this so that you do not become a victim. The same goes for your children. Make sure that they are never alone and under supervision. Sexual assaults against children occur even at a young age. Both boys and girls. Don't just open your cabin door without knowing who is there. Don't leave your cabin unlocked. Don't take your safety for granted.

5) If something does go wrong, do not think the shipping company is motivated solely to help you. Their first instinct is to protect themselves. They will gather evidence to use against you many times. You can protect yourself by taking photographs. Get the names, addresses, and telephone numbers of all possible witnesses. Call your attorney from the high seas if necessary. Ask your attorney to find you an experienced admiralty attorney immediately to get advice on what you should do.

6) Where to file suit. The cruise line ticket can specify where suit has to be filed. Most of the large cruise lines specify Miami, Dade County, Florida. If suit is filed in the wrong location and one year has gone by, you could be thrown out of court and it will be too late to file in the correct location. These are just a few matters to keep in the back of your mind. Hopefully, you will not have to worry about any of these things. However, it is better to be aware of your rights than to stick your head in the sand.

Bon Voyage!