Contributors

Charles R. Lipcon
Charles R. Lipcon is the firm's founding attorney and has been handling injury, cruise line sexual assault and wrongful death claims for over 40 years. Read More »
Jason R. Margulies
Jason R. Margulies is an experienced maritime lawyer and an active trial attorney handling personal injury, cruise line sexual assault and wrongful death claims. Read More »
Ricardo V. Alsina
Ricardo V. Alsina is an active trial attorney, handling personal injury, cruise line sexual assault and wrongful death claims. Read More »
Michael A. Winkleman
Mr. Winkleman is an active trial and appellate attorney handling all personal injury, cruise line sexual assault and wrongful death claims, as well as complex business disputes. Read More »

Articles Posted in Cruise Ship Accidents

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Disney Magic, Royal Caribbean, overboard passenger, cruise ship safety, maritime attorneysIn our last blog, we discussed the strange cruise ship overboard accident that has made headlines across the nation. A Royal Caribbean Oasis of the Seas passenger mysteriously fell overboard last week and was rescued by the Disney Magic. But there are several questions left unanswered.

Witnesses aboard the ship explain that several passengers heard victim while he was in the water crying out for help. After passengers spotted him, the crew of the Disney Magic began a rescue mission. Passengers were able to throw life vessels out to the victim, identified as 22-year-old Frank Jade, and he was subsequently taken to a hospital and treated for his injuries.

What’s strange about the incident is that the victim has no recollection about how he fell into the sea. Fortunately – and quite shockingly – he suffered no major injuries as a result of the accident, but our maritime attorneys are left wondering about the real details surrounding the incident and how this passenger could have even survived in the water for so long. If he has no memory of falling, it could mean he lost consciousness. But if the victim was unconscious, how did he stay afloat? Something just doesn’t seem right.

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Royal Caribbean Flowrider - Surf Simulator Wave Pool

Royal Caribbean Flowrider – Surf Simulator Wave Pool

In our last post, our maritime lawyers discussed a four-year-old boy’s near fatal drowning on Royal Caribbean’s Oasis of the Seas cruise ship. As details emerge about the accident, concerns have begun to arise regarding the overall safety of cruise ships (or lack thereof), and the cruise industry’s failure to employ life guards to be stationed near onboard pool and Jacuzzi facilities. In particular, the incident raises questions about the safety of wave pools, where the tragic near-drowning accident took place.

The Sun Sentinel reports that the boy had been swept under a wave and was submerged for about six minutes before another guest noticed what had transpired. Six minutes is an extremely lengthy amount of time to be submerged, and can lead to severe consequences – if not death. Without oxygen, the brain begins to die. The brain is the human body’s largest consumer of oxygen, requiring 20% of the body’s overall oxygen intake. After 4 to 6 minutes of being deprived of oxygen, the brain’s cells start to fail.

The boy had no pulse when he was pulled from the water. Though CPR was performed and the boy was revived, he may have already suffered permanent brain damage or a number of other complications, including lung and esophageal damage. The boy is currently in critical condition at Broward Health Medical Center.

Though wave pools may be a lot of fun, in reality, they can be extremely dangerous, especially for young children. Continue reading →

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General Santos City - area near cruise ship grounding accident

General Santos City – Area near cruise ship grounding accident

We’ve all heard of sunken treasure before. You know, gold coins, crown jewels, pirate booty, that kind of thing. But does a sunken cruise ship count as treasure? Hmmm, probably not to most, but one particular vessel does seem to strike the Philippine Coast Guard’s fancy.

Now, whether or not the vessel has any hidden treasure is anyone’s guess, but our maritime attorneys are wondering what’s so special about a 23,000-ton Panamanian cruise ship that ran aground off the coast of General Santos City last week. Probably nothing, given that the ship has reportedly been scheduled for decommissioning, but it’s still taking up a lot of space under the water and it may cause numerous issues.

According to a MindaNews report, Philippine Coast Guard commander Lt. Jay Tarriela explained that the MV Victory Pacific, which is currently sitting not so pretty roughly 150 meters off Barangay Dadiangas West, is to be salvaged. The ship was stranded in an area not too far from a coastal community, which could pose a danger to residents, especially because it has been slowly drifting closer to shore. It could also pose a threat to any marine ecosystems as well. The Coast Guard is in the process of investigating whether the accident caused any damage to the coral reefs in the region.

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Costa Concordia cruise ship accidentCaptain Francesco Schettino has been making headlines for quite some time ever since the ship he was in command in, the Costa Concordia, capsized off the coast of Giglio, Italy on January 13, 2012 and 32 people were killed. Schettino and several crew members were accused of manslaughter for their roles in the tragedy, but no one has taken the brunt of the blame more than Schettino. After all, he did make the last minute call to bring the vessel too close to shore as part of a maritime tradition known as a “salute” – a decision that was not authorized, changed his story several times when accused of abandoning ship (at one point even claiming he “fell” into a lifeboat), and failed to take responsibility for his actions or admit to his role in the accident.

However, Schettino remains the only person that is currently still on trial for the accident. The other crew members, though charged and convicted, had their sentences suspended. Costa Crociere, S.p.A., the owner of the Concordia, walked away with a mere 1 million Euro administrative fee. Now, Schettino remains the only person left to possibly spend any time behind bars for the horrific cruise ship accident. And after making a statement in court earlier this month, it doesn’t appear that proceedings will go in his favor anytime soon.

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When we board a cruise ship, we enter a world of cloistered comfort and safety. It can be easy to forget the dangers inherent in voyaging out to sea. All sea vessels, including cruise ships, ferries, and cargo ships, are vulnerable to weather, shallow reefs, and other obstacles. They can also sink due to faulty equipment. Add to that the fact that these vessels travel great distance over the vast and unpredictable ocean and you have a recipe for (occasional) disaster.

Curious about some of these accidents? Our maritime attorneys have compiled a list of the top ten worst maritime disasters on record. Let’s take a look.

10. In 1954, the Toya Maru, a Japanese passenger ferry sank between Hokkaido and Honshu. While the official recorded death toll is 1,153, the actual death toll may be higher or lower because some passengers actually didn’t board with tickets, while others cancelled their bookings before setting sail.
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Bahamas Celebration cruise shipLast week, our maritime lawyers spent some time taking about Halloween sailings and all the fun activities cruise lines plan for guests. Some cruise ships allow passengers to dress up in costume, while others have special drinks with a spooky theme to them, and some even allow kids to trick or treat. But, as with any kind of cruise vacation, things can go wrong during a Halloween sailing, which is why we came up with a couple of tips to help those who had Halloween cruises planned remain as safe as possible.

Accidents can happen on the high seas for several reasons; as can crimes. However, guests can do a number of things to reduce their chances of getting hurt, such as limiting alcohol consumption, traveling in groups, and staying away from isolated areas. Yet, unfortunately there are times when bad things happen even when a cruise passenger does all they can to avoid trouble. Though we all expect a little scare here and there on Halloween, one unlucky group of cruise passengers got way more than they bargained for on their holiday sailing.

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HalloweenIt’s that time of year again. Time to get dressed up and hunt for candy. Time to enjoy friendly tricks for treats. It’s Halloween and there’s plenty of fun to be had, whether you are young or young at heart.

Some of us will be spending the holiday with our kids while some of us may decide to attend a ghoulish party or two. And then there are those of us who will be celebrating Halloween aboard a cruise ship. And, for those of us who have elected to spend the holiday on a ship, you’re in for quite the thrill. Since Halloween happened to fall on a Friday, there are several three and four day cruise sailings that are going to feature special activities for guests, anywhere from costume contests to specialty drinks to pumpkin carving. Many ships even offer trick or treating opportunities for kids. But while it can be easy to get lost in the excitement of the costumes and games, it’s important to remember that Halloween can also be a very dangerous holiday.

Accidents and crimes at sea can take place at any time, but on a day like Halloween, there’s a much greater chance that cruise ship guests can get hurt. Between the large number of people that will be on board a ship this weekend having a good time, the costumes that can cause perpetrators to more easily get away with committing a crime like sexual assault, and the fact that many adult passengers will be drinking (many to an excess), trouble is a lot more likely to strike on a Halloween cruise. However, that doesn’t mean you can’t reduce your chances of getting hurt or becoming the target of a crime. Our maritime lawyers have a few tips that will help you stay as safe as possible.

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Was there a fire on board Holland America NoordamSeems like the issues that the Holland America ship, ms Veendam, was experiencing last week are worse than our maritime lawyers originally imagined. HAL cancelled the ship’s seven-day itinerary from Quebec City to Boston on September 28 after the vessel suffered an issue with one of its propellers, but now, we’ve also learned that the Carnival Corp. subsidiary line cancelled its two subsequent sailings on October 4 and 11. Is there more to the ship’s equipment problems than HAL is letting on?

According to the cruise line, the Veendam will be going into dry-dock for repairs, which are apparently extensive.  True to cruise industry form, HAL is not releasing any information to the public regarding what exactly these issues may be, referring to them simply as “technical problems.”

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Propeller malfunctionsA maritime attorney can help with a wide range of cases. Here at Lipcon, Margulies, Alsina & Winkleman, P.A., we’ve helped the victims of several types of accidents and injuries, both onboard a ship and ashore. We often get asked whether or not a particular victim has a viable case, which we determine through thorough evaluation of each individual incident. Many victims who were skeptical will be surprised to learn about their rights as cruise passengers and that they can, in fact file a case.

Because every case is unique, we cannot stress how important it is for a victim of a cruise ship accident or injury to consult with an experienced maritime attorney to review their situation. Many times, we’ve been able to acquire compensation for victims who didn’t even think they had a claim.

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Security on cruise shipsStatistics show that over 200 cruise passengers and crew have gone overboard since 1995. Though several factors can play a role in these tragic accidents, including intoxication or foul play, cruise line security and safety continues to be subpar – despite recent advances in technology that have led to the creation of overboard passenger radar detection. Unfortunately, the vast majority of those who are involved in overboard accidents do not survive. The sheer fall from a ship alone can be fatal, but other factors, such as exposure, tides, and marine life can also contribute to an overboard victim’s death.

The maritime lawyers at our firm have represented several grief-stricken loved ones whose family members and friends have fallen overboard from cruise ships. And what’s most striking is the fact that in many of these cases, there was no footage of the actual incident. These days, cruise ships are designed to carry well over 2,000 passengers and hundreds of crew members. Most cruise ships are equipped with surveillance technology, but then how are there no records of these accidents? Moreover, why aren’t there any crew members monitoring public areas to prevent these accidents in the first place?

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