Cruise Ship Law

SAN FERNANDO, Philippines - A coast guard diver searching for survivors Tuesday inside a ferry that capsized in a typhoon found bodies and a bit of comfort — a plastic rosary floating in the water.

Lt. Cmdr. Inocencio Rosario slipped on the string of light blue beads for luck, and hoped that it was an omen that a miracle was still possible, that survivors would be found inside the hulking vessel.

Typhoon Fengshen toppled the seven-story ferry Saturday as it cut a deadly swath through the central Philippines. Only four dozen survivors have been found; more than 800 passengers and crew are missing.

With each passing day, the hope of finding them dimmed.

"I felt sad when I saw the bodies," Rosario said, still wearing the beads. "I can imagine what they went through."

Rosario, whose name translates as "rosary," didn't think there would be any survivors, but "I believe in miracles."

"I hope somebody there is alive," he said. "We have only probed about 15 percent of the ship."

About 30 divers were on hand, including some U.S. Navy frogmen who were expected to take turns searching the vessel Wednesday and help map the seabed. The ferry, about 500 yards off Sibuyan island, is lying on unstable coral.

Nearby villagers said a deep trench may be nearby, so there are concerns the vessel could slip and plunge deeper.

The storm's toll on shore includes 227 dead and 275 missing in the worst-hit region, with dozens reported killed elsewhere by floods and landslides. It caused an estimated $74.2 million in crop damage.

The roiling seas left in the storm's wake had kept rescue workers away from the ferry until calm, sunny conditions Tuesday allowed the divers to slip inside. Only the tip of the bow juts from the water.

The conditions were treacherous. Coast guard chief Vice Adm. Wilfredo Tamayo said the divers broke windows and used every other gap they could find to get inside the 23,824-ton Princess of the Stars.

Once inside, they found bodies in air pockets along with chairs, baggage, shoes and shards of broken glass. Iron bars, twisted by the sudden capsizing, jutted out here and there.

One body was dressed in a ship's officer uniform and was clutching a two-way radio, officials said.

Passengers could have survived initially — life jackets were on some bodies — and some may have suffocated as they waited for rescuers delayed by the storm, Philippine navy spokesman Lt. Col. Edgard Arevalo said.

"It seems the passengers hesitated from jumping in turbulent waters" because "it happened too sudden," Arevalo told dzBB radio, referring to survivors' accounts of the ship quickly listing and going down in a half-hour or less.

"(With the life vests) you will survive for a few hours, but in time, the air will run out," he added.

Arevalo said the priority is how to extricate the bodies, either by attaching weights to them and pulling them out or cutting through the hull — a prospect complicated by a cargo of bunker oil that could leak.

Only three bodies were pulled out Tuesday.

While some relatives tearfully waited for news, others angrily questioned why the ship was allowed to leave Manila late Friday for a 20-hour trip to Cebu with a typhoon approaching.

Sulpicio Lines said it sailed with coast guard approval. The company's services have been suspended pending an investigation and a check of its other ships' seaworthiness.

Fengshen was expected to hit Taiwan and southeast China — an area already coping with flooding — on Wednesday.

By JIM GOMEZ
ASSOCIATED PRESS

Posted by Lipcon Law Firm at 8:28 AM | Permalink

BY ERIKA BERAS

MiamiHerald.com

On a day when lawmakers in Washington heard stories about crimes on cruise ships, a Florida woman filed suit against Carnival claiming she was raped by a fellow passenger on a cruise ship in February.

The lawsuit by Morgan Black, 30, of Jacksonville, is the latest accusation against an industry plagued by complaints that crimes on the high seas often go unpunished.

Representing Black is Gloria Allred, a California-based lawyer known for high-profile crusades on behalf of crime victims, and Charles Lipcon, a Miami attorney who specializes in cruise litigation. Accompanied by Black, Allred held a news conference at a downtown Miami law office to publicize the suit.

"I am not the same person that I was before the cruise attack, and I will never be that person again," said Black, reading a statement.

According to the suit, Black, a piano teacher and mother of three, departed Miami on Feb. 1 on a specialty cruise on the Carnival Victory, a Sixthman Music Cruise.

On Feb. 4, the last night of the cruise, Black was drugged and raped, the lawsuit filed Thursday in U.S. District Court in Miami said.

The woman said she told her story to the FBI but would not discuss whether charges have been filed.

The suit, alleging negligence, asserts Carnival and Sixthman should have made security cameras available in every public area.

In a statement, Carnival Cruise Lines said it hadn't seen the suit and couldn't comment on it.

However, it added: "We want to reinforce that the safety and well-being of our guests and crew is Carnival's No. 1 priority.

"We maintain a high level of security through an onboard uniformed security force. Certified shipboard security officers work in tandem with Carnival's shoreside security department, which is made up of many highly experienced former law enforcement professionals."

Meanwhile, in Washington, D.C. Thursday, a U.S. Senate subcommittee held a hearing on cruise-ship safety and potential steps for keeping Americans safe at sea.

It was the first hearing by a Senate panel, although others have been held by House committees.

Among those testifying was Kendall Carver, president of International Cruise Victims Association, an advocacy group he started after his daughter disappeared during a cruise almost three years ago.

"The meeting went well," Carver said. "I was extremely pleased with it."

Lipcon, who recently published a book on spotlighting unlawful incidents on cruise ships, said: "Unfortunately, this is not an isolated incident. It happens all too often."

Advocates say the causes include a lack of government involvement, ambiguous jurisdictions, and corporate policies. Lipcon estimated he files about one lawsuit a week against a cruise line.

Posted by Lipcon Law Firm at 10:15 PM | Permalink

Testimony of Ross A. Klein, PhD, Before the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Senate Committee on Commerce, Science, and Transportation

Hearings on "Cruise Ship Safety: Examining Potential Steps for Keeping Americans Safe at Sea"
[PDF 420K]

Posted by Lipcon Law Firm at 9:40 PM | Permalink

According to reports a woman that was drugged and raped on a cruise that left from Miami on February 1st has now filed suit against the Carnival Cruise Line.

It is reported that the woman identified as Morgan Black a mother and piano teacher from Jacksonville who went on the Sixthman Music Cruise on the ship Carnival Victory.

Morgan’s suit claims she was drugged and raped by a fellow passenger the last night of the cruise, which was February 4th.

In her suit that is being presented by her attorneys Charles Lipcon of Miami, a cruise ship litigation attorney and Gloria Allred the attorney from California who has taken part in victims rights cases. The Carnival Cruise Line is being held responsible for neglecting to have security cameras in all of the common areas of the ship.

Lipcon, Morgan’s attorney has a published book that discusses these type of incidences that he states happens often and he estimated that he files approximately one suit a week for victims of cruise ships. [The books is called Unsafe on the High Seas and can be purchased here].

It is reported that the cruise line has made a statement that they would not comment on this case, as they have not seen the suit, however their priority is to keep passengers and the crew safe on their ships. They have security officers who are not in uniform on their cruises and many are retired police officers and other law professionals on board their ships.

This case was filed in the U.S. District Court in Miami on Thursday June 19th as a U.S. Senate subcommittee in Washington D.C. was hearing evidence as to the safety for passengers aboard cruise ships. Among those who testified was Kendall Carver whose daughter disappeared approximately three years ago from a cruise ship and is the president of International Cruise Victims.

While Carver stated he was pleased with the way this committee meeting went, part of the reason that these meetings are necessary are because of what advocates say is a non-existence of government involvement, vague jurisdictions and their corporate policies.

This was the first hearing held to discuss the safety of American passengers on cruise ships although there have been meetings on this issue by House Committee.

by Otto Smyth
cruiseshiplawsuits.blogspot.com

Posted by Lipcon Law Firm at 7:32 PM | Permalink

WASHINGTON, D.C. - Sen. John Kerry today chaired a hearing on cruise ship safety for the Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Sub-Committee. Current statute does not require cruise ships to report even the most serious crimes that happen in international waters to U.S. authorities.

Previous hearings in the House were held by Congresswoman Doris Matsui (D-CA) and Congressman Christopher Shays (R-CT).

Senator Kerry was driven to hold companion hearings in the Senate after meeting Ken Carver, whose daughter Merrian disappeared on a cruise in 2004. Merrian was a resident of Cambridge, MA.

"Passenger safety should be the top priority for the cruise line industry, and it's clear that they have work to do," said Sen. Kerry. "It's just plain wrong that disappearances and serious crimes can occur aboard these ships that are not reported, investigated, or prosecuted.
Shifting legal jurisdictions are no excuse for endangering the safety of cruise ship travelers. Ken Carver's tireless commitment to reforming safety regulations sends a crystal clear message -cruise ships need to take care of their passengers. I'll be introducing legislation in the coming weeks to make these ships safer and hold the industry accountable."

"After multiple hearings, it is clear that we must take action to bring sunshine to the cruise industry," said Rep. Matsui. "Cruise companies must ensure the safety and security of their patrons and act responsibly to prevent crimes from happening. Americans taking cruise vacations have a reasonable expectation to be informed of potential risks to their safety, and to have proper reporting and evidence-gathering in the aftermath of a crime. They have a right to be treated with dignity and respect."

"It's important we continue the efforts to improve cruise ship safety which began in the last Congress, when I chaired the National Security Subcommittee," said Rep. Shays. "The bottom line is, the crime statistics provided by the cruise industry are inaccurate and inadequate. This must change."

-----------------------
Whitney Smith
Deputy Press Secretary
Senator John Kerry
(202) 224-4159
kerry.senate.gov

Posted by Lipcon Law Firm at 4:03 AM | Permalink

Maritime attorney Charles R. Lipcon has been named Super Lawyer for the second year in a row. Only 5% of South Florida attorneys have been named to the list. Mr. Lipcon was selected through an extensive process of balloting, blue ribbon panel review and independent research.

Charles R. Lipcon

Seriously Outstanding

only 5% selected each year

visit superlawyers.com

Posted by Lipcon Law Firm at 3:53 AM | Permalink

Testimony of Ross A. Klein, PhD, Before the Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security Senate Committee on Commerce, Science, and Transportation

Download file
[PDF 420K]

Posted by Lipcon Law Firm at 4:27 AM | Permalink

A crewman who died after running out of oxygen in a ship's ballast tank did not have the usual breathing gear, the BBC has learned.

The Filipino collapsed and died on the Saga-owned cruise ship in Southampton on Wednesday. A second man was rescued.

The pair inspected the tank without a safety officer or written permission, which is required by Saga due to the low air levels, a source told the BBC.

Police are investigating the suspicion of gross negligence.

Detectives are examining whether the men were told to enter the ballast tanks or told to inspect them from a safe distance above.

Kent-based Saga confirmed that various guidelines should be followed during the procedure.

Out-of-bounds area

These include ventilating the tanks well in advance and that anyone wanting to go inside must have written permission and be accompanied by a safety officer, as it is an out-of-bounds area.

Saga said it would not comment on whether these procedures were followed.

Spokesman Paul Green added: "A full independent investigation is currently underway and we are therefore unable to comment any further at this time."

The pair were trapped in the ballast tank, which is a compartment at the bottom of a ship holding water to control a ship's buoyancy and stability.

Water is discharged when the ship is heavily laden and then taken on again when travelling with light cargo.

The crewman, a second bosun in charge of crew and equipment, died after running out of oxygen, police have said.

The Maritime and Coastguard Agency said a second bosun, a ship's officer, would be aware of necessary safety procedures before entering a ballast tank.

Filipino priest Jack Padua, who was contacted at the Southampton Seafarers' Centre, spoke to the rescued man after he was released from hospital.

He said: "He was shocked and devastated. The man who died was a colleague of his."

Mr Padua added: "I went onboard to console the crew. The group have been together for 10 years working on the ship. It is like a family."

A Hampshire police spokesman added: "We have been told it is not fumes, it's lack of oxygen, fresh air in the place they were working."

Confused state

Fire crews spent more than an hour battling to save the man, who was 43 years old. His body has been recovered.

The other man, a 38-year-old, was taken to hospital in a "confused" state but later released, police said.

The vessel finally left on a 14-night cruise to the Baltic, including Amsterdam, Kiel, Riga, and St Petersburg, on Thursday evening.

The cruise ship, which holds 600 passengers, had been due to set off for a cruise at 1600 BST on Wednesday.

Passengers stayed onboard overnight and had been informed of events, Saga said.

An investigation is also being carried out by the Marine Accident Investigation Branch, which has a team of five at the scene.

Story from BBC NEWS: Published: 2008/06/12

Posted by Lipcon Law Firm at 12:17 AM | Permalink

Video clip from WSVN 7 Ten O'Clock News

View Clip [Windows Media]

Airdate: June 3, 2008
Subject: Cruise Lines And Medical Care
Program: WSVN 7 Ten O'Clock News

Posted by Lipcon Law Firm at 11:00 PM | Permalink

DANGER ON THE WATER WHEN IT COMES TO BOATING DEATHS, FLORIDA AGAIN IS NO. 1 IN THE NATION
South Florida Sun - Sentinel - Fort Lauderdale, Fla.
Author: Robert Nolin

Three men and a 5-year-old cram into an 8-foot boat to fish in a canal behind their Palm Beach County home. The boat capsizes; two men drown. That was in June.

Three women rent a personal watercraft along the Intracoastal Waterway in Pompano Beach. Within minutes they smash into a boatlift. One woman dies instantly. That was in July.

Such deaths, two of the 77 that occurred in state waters last year, are why Florida leads the nation in boating fatalities for the fifth consecutive year.

"It's pretty clear that Florida is first again," said Brian Rehwinkel, an analyst with the Florida Fish and Wildlife Conservation Commission who helped compile the 2007 statistics. "That's not where we want to be."

Last year, there were 668 boating accidents around the state, with 68 of them resulting in 77 deaths. As to be expected, populous and waterway-rich South Florida was the deadliest region, with 162 accidents and 22 fatalities in Broward, Palm Beach and Miami-Dade counties. Miami-Dade was No. 1 in deaths, with 13, and Monroe County had the most accidents, 74.

Florida consistently ranks at the top of maritime deaths for a simple reason, officials say. Mix together thousands of miles of coastline and waterways, a year-round boating season, and more registered vessels than any other state, and you've got a deadly formula for a grim distinction.

"Florida has always come in with, unfortunately, high fatalities," said Bruce Wright, boating safety specialist with the Coast Guard.

"It's not a big surprise," Rehwinkel said. "It's not what we want, but it's not a big surprise."

So far this year, 23 boating deaths have been tallied statewide. Nationally, according to the Coast Guard, boating deaths dropped in 2007, which saw 688 fatalities as compared with 710 in 2006.

Coast Guard figures show Florida leading the nation in 2006, with 69 deaths, followed by Texas, 47; California, 42; Michigan, 30; and Pennsylvania, 25. While confirming Florida as the fatality leader in 2007, the Coast Guard has not finished reviewing figures on other state rankings, spokeswoman Susan Tomczuk said from Washington, D.C.

Most of Florida's 2007 deaths occurred in small boats, and most victims drowned. Alcohol or drugs played a role in 22 percent. One in five victims was operating a personal watercraft, and Miami-Dade led in the number of personal watercraft accidents, with 21.

The state's boating death rate has steadily risen, as has the number of registered vessels, which now tops 1 million. The peak year was 2005, which recorded 80 deaths, followed by last year's 77.

"Seventy-seven is just unacceptable to us," said Lt. Ed Cates, assistant boating safety coordinator for the Fish and Wildlife Conservation Commission. "But if we had two, it would be too high for us."

This year's statistics show that 85 percent of the fatality victims had no boater education, so the commission sees mandatory safety courses as a way to reduce deaths on the water. It has proposed that all vessel operators take a safety course, a program it would phase in over 11 years.

Boaters who took the course would be awarded a card they must produce if stopped when operating a vessel. Currently, boaters under 21 must take the course and carry a card.

Commission officials this year asked the state Legislature to pass the education requirement, but the proposal failed. Rehwinkel said the commission will renew its push next legislative season.

"If more people received boating education, we believe there's potential to save lives," Rehwinkel said. The commission calculates there would be 25 percent fewer deaths if boaters were better educated.

Wright said maritime fatalities may never be eliminated, but can be reduced.

"It's just one of those things you've got to live with, like vehicular fatalities," he said. "But you've just got to try your best to educate people."

Sgt. Russ Budden, head of the Broward Sheriff's Office's Marine Unit, said his officers see a lack of boating savvy on the water and try to impart safety tips to boaters.

"Education is the number one thing out there with us," he said. "The more you can educate, the better."

The most common fatal accident last year was when the victim falls overboard, then drowns. Such fatalities could be sharply curtailed, safety officials say, by the simple habit of wearing a life jacket.

So for Boating Safety Week, which ends today, the commission opened a new front in its war on fatalities: a Wear It Florida campaign to persuade boaters to don life vests when on the water.

"Wear a life jacket and increase your chances out there," said Cates.

The agency will be sounding another message for boaters this Memorial Day weekend: one of enforcement.

"For the unofficial start of summer, more boats will be on the water and we are going to be out there as well," said Gabriella Ferraro, of the commission's South Florida office.

Locations, schedules and fees for boating safety courses by the Coast Guard Auxiliary are available at a href="http://www.cgaux7.org/pub-">www.cg aux7.org/pub- classes.asp.

INFORMATIONAL BOX:

2007 fatalities at a glance

Drowning - Leading cause of death.

22 - Percentage of fatalities caused by alcohol or drugs.

March - Deadliest month, followed by May and June.

$9,125,110 - Total amount of property damage from accidents.

21 - Percentage of fatality victims who were on a personal watercraft.

13 - Percentage of personal watercraft among all registered vessels.

Between noon and 8 p.m. - When most fatal accidents occurred.

17 feet or less - The length of most vessels involved in fatalities.

Source: Florida Fish and Wildlife Conservation Commission

INFORMATIONAL BOX:

Top 10 counties in boating deaths

County Registered vessels Accidents Fatalities

Miami-Dade 62,324 67 13

Palm Beach 44,416 52 5

Lee 50,642 32 5

Collier 24,458 18 5

Monroe 28,235 74 4

Pinellas 56,386 50 4

Broward 50,823 43 4

St. Johns 13,651 17 3

Lake 23,807 12 3

Okaloosa 20,026 17 2

*In counties where fatalities were tied, the number of accidents was used to determine ranking.

Source: Florida Fish and Wildlife Conservation Commission

Portrait of the average victim

A look at 2007 fatal boating accidents shows the average victim:

Is male (90 percent);

Is 36 to 50 years old;

Is the owner of the boat involved;

Is operating a gas-powered open motorboat;

Has no formal boater education (85 percent);

Is a Florida resident;

Fell overboard and drowned;

Had a roughly one in five chance of alcohol or drugs in system.

Source: Florida Fish and Wildlife Conservation Commission

Credit: By Robert Nolin Staff Writer

Posted by Lipcon Law Firm at 11:10 AM | Permalink

Brittany Oakley
English 12 Honors
2nd Block-Ms. Henderson


Can you imagine going on a cruise with your family and returning home without your brother or sister, because they have disappeared into thin air or become a victim of a tragic accident? This is a harsh reality for many families, who are left with no where to turn when they are victimized aboard a cruise ship. They turn to the cruise line for help, only to find later that the cruise line is more interested in protecting themselves and keeping their tragedy a secret. Between the years 2003 and 2006, two hundred and six crimes were reported aboard cruise ships, eighty six percent of which were sexual assaults. Although the number seems to be extremely low, the industry is only required to report incidents that result in serious physical injuries, and reporting is left up to the cruise line with no oversight (Lipcon 39-41).

In 1993, the General Accounting Office (GAO) concluded that the safety of United States (U.S.) citizens onboard cruise ships could be enhanced and recommended that the Coast Guard seek to improve the international regime of regulating cruise ships. The GAO emphasized that the growth of cruising and the increasing size of cruise ships has created a "serious potential for a high loss of life" ("GAO Urges Coast Guard to Improve Cruise Ship Safety" NP). During the years 2003 through 2006, twenty-eight cruise ship passengers were reported as missing, but it remains to be determined by U.S. lawmakers if these missing person cases were reported properly and investigated thoroughly ("Congress Questions Cruise Ship Safety and Security" NP). The International Cruise Victims Association (ICV) was formed early in 2006 by eight families with relatives who disappeared from cruise ships. A spokesman of the ICV stated in a congressional hearing, "The number of disappearances plus the number of sexual assaults is alarming. The only way they're going to change is by Congress regulating them" (Lipcon 4-5). The ICV is currently being successful at getting Congress to hear their positions, but lobbyist for the cruise lines continue to be very effective in convincing our lawmakers that the industry is concerned enough about the negative publicity to take care of passenger safety and security problems without the need for regulations (Klein, "Cruise Ship Squeeze" 195).

There are many personal tragedies aboard cruise ships, but most are unreported due to disclaimers or settled by payoffs in return for secrecy, and the real causes of these tragedies are never known. Consequently, Congress has not determined that the U.S. should place additional regulations on cruise ships that sail in and out of our ports in order to provide for the safety and security of our citizens. Any cruise ship that operates out of a U.S. port should be subjected to U.S. rules and regulations, and the safety and security of the passengers should be of paramount concern to the cruise line industry and the U.S. Government. However, numerous problems continue to exist within the industry.

The cruise lines do not call in authorities immediately, interfere with investigations, and seem to be more interested in avoiding negative publicity than punishing the guilty. Complaints of sexual assault are quietly settled with victims in return for their silence ("Victims of Crimes Urge Federal Regulations on Cruise Ships" NP). Industry lawyers are flown in to intimidate victims to sign confidentiality agreements. Threatening to subpoena schools records to raise questions in the community about the family or victim's character is a common technique used by the lawyers. In some cases, victims are given sedatives or liquor, so they will give an incoherent account of the incident. In most cases, the victim agrees to a settlement with the cruise line. (Lipcon 63-72) Janet Kelly, a business woman and cruise-crime victim was drugged and raped by a bartender aboard a cruise ship in 2000. The assailant continued to work on the same cruise ship for months before the FBI interviewed him and examined the evidence. Eventually, by filing a civil suit, she was able to successfully settle a lawsuit against the cruise line. Point in fact, the assailant was fired and rehired by another cruise line. Janet is one of the few that have been allowed to subsequently discuss their settlement, because she refused to be silenced ("Congress Questions Cruise Ship" NP).

Cruise ships are known for using certain tactics to avoid publicity and settle with underrepresented and injured passengers, and the captains are known to receive large bonuses for trips without complaints. A common practice is to delay reporting a crime by telling the victim that the FBI has been contacted, offering a cabin upgrade, or trying to get them off the ship. In many cases, the accused perpetrator is removed from the ship and sent home to a foreign country, where they cannot be tracked. Crewmen who commit or witness crimes are known to lie to avoid retaliation by the cruise line. Often crimes occur on the last day of a cruise, and the victim does not have time to report the complaint while onboard. Later, they find that complaints not filed while onboard are not entertained by the cruise line. In one case, a Massachusetts woman was assaulted by a cabin steward on the last day of her cruise as she was packing to leave. She didn't have time to report it, but told another passenger and dropped a note in the suggestion box. When she got home, she wrote a letter to the cruise line, but was told there was nothing they could do, because she did not report the crime while onboard (Lipcon 69).

Another known tactic to avoid publicity is sloppy investigations. Numerous problematic actions are completed by the cruise line's security personnel before the FBI is contacted: failure to adequately secure the crime scene, passengers who should be interviewed as witnesses are not, and passengers are interviewed without audio or videotape. In addition to the fact that the security guards are known for being inadequately trained, in some cases having only eight hours of training, the security guards completing crime investigations have limited ability to communicate in English, which limits their ability to communicate with the victim and possible witnesses (Lipcon 64-69).

The medical staff members aboard the cruise ships are not properly trained and do not have adequate test equipment to investigate crimes. Medical records are found to be incomplete. Rape test kits are not used on rape victims, and saliva tests are not used on rape suspects. The American Medical Association (AMA) called on Congress for federal legislation to establish minimum standards for medical care on all cruise ships, but Congress is dragging their feet and no legislation has been passed. In the case of Elizabeth Carlisle, she complained of abdominal and lower back pain. Without examining her, Dr. Mauro Neri diagnosed her with the flu and prescribed an antibiotic. Her condition worsened and when she arrived back in Michigan, it was discovered that she had a ruptured appendix and massive infection. The delay and misdiagnosis left her with lifelong problems. In another case, James Curtis was found unconscious in a restroom. When revived, he complained of stomach pain, so he was put on intravenous medication. His pains were caused by an abdominal rupture, which required a transfusion. Improper diagnosis delayed treatment and he died.

Many people die onboard cruise ships; undoubtedly, some could be prevented if the proper medical care were offered. A ship's medical care is equivalent to the care available at a walk-in clinic. However, emergencies are bound to occur on ships that require medical care equivalent to that provided by hospital emergency rooms. Margaret DiBari complained of chest pains and difficulty breathing. She was diagnosed with an upper respiratory infection. Later, she was hospitalized and died in intensive care after experiencing a second heart attack. In another case, Janice Hatch went to the ship infirmary to have her blood sugar checked. The doctor and nurse said it was extremely high and administered insulin. She went into insulin shock. Her husband used his wife's glucose meter to check her blood sugar, which indicated it was too low. Glucose was administered, but she was left permanently disoriented (Lipcon 86-88).

Cruise ships operate under the auspices of the International Maritime Organization (IMO) ("International Maritime Organization" NP). The IMO is an agent of the United Nations and represents 152 major maritime nations. While aiming at providing a safe and organized industry, it does not protect individual rights of U.S. citizens or guarantee any form of humane treatment for cruise ship employees ("International Maritime Organization" NP). The International Transport Workers' Federation (ITF) focuses on the rights of workers on all ships, and is actively engaged in a campaign to end the "flags of convenience" practice, a practice under which cruise ships can avoid U.S. taxes and regulations (Klein, "Cruise Ship Blues" 120-141). "Flags of Convenience" is a Maritime Law from the Roosevelt administration that was passed to protect U.S. ships during wartime, under which U.S. ships were allowed to register in other countries and by doing so, were less apt to be attacked. After the war, the law was not repealed, just like many laws that remain on the books forever. Cruise lines have found it to be a good means to avoid paying U.S. taxes and the restrictions associated with employees when subjected to U.S. regulations, and lobbyists for the industry have been successful in convincing Congress that it should not addressed.

Cruise ship employees are hired with promises of high paying jobs. They become disillusioned, angry and are vulnerable to take bribes or commit other criminal activity. Cruise ships are run like sweatshops with workers being underpaid, required to work long hours, and poorly treated (Lipcon 43). Some people believe that cruise ship employees are involved in "Trafficking in Women," a term used to describe taking women into captivity for the purpose of sexual exploitation, which is a criminal phenomenon in which cruise ship employees are paid to drug women and allow them to be taken by captors to other countries where the women end up in the sex trade.

Cruise lines are exempt from the U.S. laws that help provide for our safety and security. The ICV speaking for the families and friends of victims, joined Congressman Christopher Shays and Congresswoman Carolyn Maloney in June of 2006 when the Cruise Line Accurate Safety Statistic Act (CLASS) was introduced (Lipcon 53-61). In 2004, Kendall Carver did not return from a cruise, and the cruise line made no effort to notify the family or authorities ("Victims of Crimes Urge" NP). In August 2005, George Smith, IV disappeared from a cruise ship while on his honeymoon after a horrific thud was heard and blood was found on the overhang of the balcony below. The cruise ship provided no information or assistance. In another situation, Christopher Caldwell was thirty-eight years old when he disappeared from a Carnival Cruise Ship in July 2004. His sister, Shannon Nowlan testified about the lack of assistance and cooperation from the cruise line. She also conveyed that the cruise line showed no sympathy toward her brother's situation. In a similar manner, Amy Lynn Bradley was twenty-three years old when she disappeared from a Royal Caribbean Cruise Ship in 1998. Many sightings of Amy have been reported, but none have led to finding Amy. Amy's family is still searching for answers and closure (Lipcon 55-56). All of these cases have one thing in common, the poor assistance and cooperation they received from the cruise line, and the lack of laws to hold the cruise line responsible or accountable for their actions.

Laws governing cruise ship operations and the small print on cruise tickets are skewed in favor of the cruise lines, which make it virtually impossible for families to hold any of the cruise lines accountable or to be compensated for losses. (Lipcon 64-68) The cruise ticket entitles the passenger to three meals a day and travel, nothing else. Ira and Myrtle Leonard were robbed of jewelry valued at $6,774. It was not reported by the cruise line as a crime, because it was less than $10,000. A disclaimer on the ticket exempted Royal Caribbean of any responsibility, leaving the couple with a civil suit as the only alternative, which would not have been cost-effective. Unlike in most U.S. states that give two to four years to sue, passengers on ships must file a claim within six months and begin the lawsuit within one year to receive any compensation for physical injury. Also, the cruise lines can pick the location where victims can sue (Lipcon 28-29).

In spite of the numerous tragedies that occur aboard cruise ships, there are many counter-arguments that are used by lobbyists to support the status quo position. Richard Fain, the chairman of the International Council of Cruise Lines (ICCL) argues, "There is no question, the cruise line industry is safer and more environmentally friendly today than it was five years ago" ("Safety Officials, ICCL Pledge to Cooperate" NP). News of injuries and accidents are creating doubts about the safety of cruise vacations and are threatening the $15 billion industry. The industry's sales have slowed and discounts are up, particularly for Caribbean vacations ("Cruise Ship Incidents Hurting Industry" NP). It is in the best interest of the cruise lines to establish their own standards and avoid the negative publicity caused by injuries and accidents (International Council of Cruise Lines' Members to Set New Mandatory Safety and Environmental Standards" NP). Representative John Duncan insists, "If we over-regulate, it could make it so expensive that only wealthy people could take cruises" ("Victims of Crimes Urge" NP). Regulating cruise ships sailing from U.S. home ports would require the ship to be registered in the U.S., and would cause the cruise line to be taxed as any other U.S. business. In order to be able to pay the taxes and meet the requirements of increased regulations, the cruise lines would have to raise the price of a cruise ticket significantly (Klein, "Cruise Ship Blues" 140).

Alaska is one state that does not allow any cruise ship to enter its ports without complying with U.S. rules and regulations. No "flags of convenience" are allowed, and their cruise industry is thriving (Klein, "Cruise Ship Blues" 101-102). In 2006, Michael Crye, president of the ICCL, reported to Congress that cruise lines appear to have a relatively low crime rate when compared with many American communities, and the cruise industry is thirty times safer than American communities in general. Charles Lipcon, maritime lawyer for the victims, explained that cruise line reporting requirements allow only thefts over $10,000 to be reported, and a majority of sex crimes are never reported due to the lack of federal oversight. Lipcon also asserts, "The cruise lines are silently working against the victim." Cruise lines control the scene of the crime, the witnesses, and the evidence, all of which is filtered through their risk-management department ("Congress Questions Cruise Ship Safety and Security" NP).

The safety and security of cruise ship passengers can only be accomplished by subjecting any cruise ship that operates out of a U.S. port to U.S. rules and regulations. It is a concern for all cruise ship passengers, because they are unsafe when outside of U.S. laws. It is important to cruise line employees, because they are treated inhumanely and subjected to unfair labor practices when not protected by U.S. laws. As concerned citizens, average people can write letters to Congress Members, U.S. Coast Guard Officials, and politicians at any level of government ("Cruise Ship Incidents Hurting" NP). Television and other media can focus on the education of potential cruise ship passengers, by raising the public awareness of the safety and security hazards. Cruise ship passengers can take responsibility for their own safety and security by increasing their awareness and avoiding potentially hazardous situations. Individuals can unite with the ICV or other local organizations to lobby congress to do something about the lack of regulation regarding safety and security of passengers of cruise ships (Lipcon 88-91). Consumers and citizens need to ensure that cruise ships are held accountable for their actions ("Cruise Ship Incidents Hurting" NP).

Holding cruise lines accountable will require government intervention. Congress needs to pass H.R. 5707, "Cruise Line Accurate Safety Statistics (CLASS)" Act, which requires all disappearances of passengers be reported to the Department of Homeland Security (DHS) within 4 hours. Under H.R. 5707, the cruise company must submit a quarterly report of each crime, missing person, or man overboard case to the DHS, where it will be posted on the Internet. The DHS will inspect each cruise ship that docks at a U.S. port to ensure adequate equipment and trained personnel to investigate crimes ("Victims of Crimes Urge" NP). Cruise companies must refer potential cruise ticket buyers to an Internet site with all cruise crime statistics, the name of each country the ship is visiting, and the location of the U.S. embassy and consulate in each country. U.S. Sea Marshalls, as proposed by the ICV at the 2006 hearing of the House subcommittee, should be on all cruise ships to provide for the safety and security of the passengers. These Sea Marshalls must have the credentials necessary to conduct a thorough and timely investigation of all reported crimes. Most importantly, our lawmakers need to repeal the outdated "Flags of Convenience" law and pass new laws that will hold cruise lines accountable for negligence and crimes committed by employees (Lipcon 81-83). "The message must be delivered to the cruise lines that if they take passengers from a United States port, they are responsible to return them safely or be held accountable if they commit crimes or acts of gross negligence" ("Victims of Crimes Urge" NP).

Once again, imagine going on a cruise and returning home without a family member, because they have disappeared into thin air or become a victim of a tragic accident. When this realization becomes clear, stand up and support U.S. government regulation of the cruise line industry.


Works Cited

Blum, Ernest. "Safety Officials, ICCL Pledge to Cooperate." Travel Weekly 60.23 19 Mar. 2001: 30. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

"Congress Questions Cruise Ship Safety and Security." Access Control and Security Systems Integration (Online Exclusive) 6 Mar.2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

Cruise Lines International Association. 2008. Cruise Lines International Association. 10 Mar. 2008. .

"Cruise Ship Consumer Fact Sheet." Jul. 1998. U.S. Coast Guard. .

"Cruise Ship Incidents Huring Industry." UPI News Track 30 Jul. 2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

"GAO Urges Coast Guard to Improve Cruise Ship Safety". Travel Weekly 52.28 12 Apr. 1993: 80. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 10 Mar. 2008. .

Gibson, William E. "Victims of Crimes Urge Federal Regulations on Cruise Ship Industry." South Florida Sun-Sentinel (Fort Lauderdale, FL) 7 Mar. 2006. General Reference Center Gold. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 9 Mar. 2008. .

IMO Library Services. 14 Dec. 2007. International Maritime Organization. 10 Mar. 2008. .

"International Council of Cruise Lines Members to Set New Mandatory Safety and Environmental Standards." PR Newswire 5 Feb. 2001:

5349. Professional Custom Journals. Gale. NC Wiseowl. Cedar Ridge High School Media Center, Hillsborough, NC. 11 Mar. 2008. .

Klein, Ross A. Cruise Ship Blues: The Underside of the Cruise Industry. Gabriola Island, BC: New Society Publishers, 2002.

---. Cruise Ship Squeeze: The New Pirates of the Seven Seas. Gabriola Island, BC: New Society Publishers, 2005.

Lipcon, Charles R. Unsafe on the High Seas. Miami, FL: I. Adels, Inc., 2008.

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