Cruise Ship Law

CharlotteObserver.com
By JAY CLARKE
September 15, 2008

You're off on a long-dreamed-of vacation, a cruise to sunny Caribbean islands. You're on a big cruise liner with a couple thousand other passengers. There are doctors and nurses on board, locks on your stateroom door, lots of public spaces, and ship personnel at your beck and call. Safety isn't something to worry about.

Not so, says Miami maritime lawyer Charles R. Lipcon in a new book, "Unsafe on the High Seas."

"The problem is, people don't think anything bad can happen," Lipcon said in an interview. But as on any vacation, things can go wrong even on a cruise ship, he says, and passengers need to keep their guard up.

Most importantly, he says, don't leave your common sense behind.

"Getting on a cruise ship is like traveling to a strange city. Take some precautions," Lipcon said.

You wouldn't walk alone at night in a strange city; don't do it on a cruise ship. You wouldn't go to a stranger's room ashore; don't go to a crew member's room on board.

Those are some of the safety tips that Lipcon gives in his book.

"That's the reason I wrote the book - to tell passengers how to avoid problems," said the Miami attorney, who has filed many lawsuits on behalf of clients who experienced problems aboard ship.

"When you get on a cruise ship, you're not in the United States anymore," he warned. The laws of the ship's country of registry aren't the same as those in America, and you may not get the protections. Medical care is limited and may not be up to U.S. standards.

Passengers having too good a time at a ship bar also may be at risk, Lipcon writes. "Fueled by firewater, people do crazy things." Young women in particular can fall prey to the date rape drug. His advice to them: Only drink beverages you have witnessed being prepared, and ask that bottled drinks come unopened. "That's a must."

Stateroom safety is another area Lipcon touches on. "Never open your door to strangers," he writes. All valuables should be locked in a safe and guard your key card, just as you would your credit card ashore.

That said, the vast majority of passengers never experience any problems aboard, except perhaps for spending more than they intended.

Cruise line representatives say crimes on board are extremely rare. Quoting from testimony at last year's Congressional hearings, Michael Crye, executive vice president of the Cruise Line Industry Association, said that of the 4.4 million passengers who sailed from April to Aug. 24 in 2007, only .01 percent were involved in reported incidents.

While Lipcon's recitation of what can happen aboard ship can sound intimidating, the attorney says the intent of his book is not to scare people away from taking a cruise, but to send them off with their eyes open.

"Have fun, be cool, but be wary," he advises.

SAFETY ABROAD

Here are some precautions Charles Lipcon cites in his book, "Unsafe on the High Seas":

-Before you step aboard, read the fine print in your cruise contract.

-Meet fellow passengers in public areas, not cabins. Remember that a cruise ship is like a small city but with an often inadequate security force, so be alert.

-Set rules for your children, just as you would at home. Think about using walkie-talkies to keep in touch with them.

-Never go alone anywhere on ship where it is isolated, especially in the evening and early morning.

-When you enter your cabin, check the bathroom and closet while the door is still open.

-Use all the locks on the cabin door. Never open your door to a stranger.

-If you drink, do so in moderation. Only drink beverages you have seen prepared.

If you are a victim:

-Take photos of the scene and of your condition.

-Call the FBI (305-944-9101 or 202-324-3000) and Coast Guard (Atlantic, 757-398-6390; Pacific, 510-437-3701) from the ship, get them involved. Don't expect the cruise line to take physical evidence.

-Contact U.S. Embassy or Consulate if you are at a foreign port of call. Notify your family, doctors, lawyers, insurance companies, etc.

-Get names, addresses and phone numbers of possible witnesses. Take statements.

-Sexual assault or rape victims should not eat, drink, shower, bathe, brush teeth or go to the bathroom before a rape exam is done by a physician.

-Blood samples from the victim should be taken immediately.

AVOIDING NOROVIRUS

Ships are breeding grounds for disease-causing viruses, and one of the most common of these is the notorious Norwalk virus, or norovirus.

"You need to be careful on board," says Jean Fleming, a registered nurse who is clinical director of infection prevention for Nice-Pak Products, which makes sanitary wipes. "You can get norovirus and MRSA (a common staph strain) from high-touch surfaces such as handrails, elevator buttons, door knobs and computer keyboards."

Her advice:

-Wash your hands frequently.

-Carry hand sanitizing wipes with you. She says wipes are better than gels.

-Wash your hands before eating.

New book: Passengers shouldn't leave their common sense behind

Sunday, Sep 21, 2008 - 12:01 AM

By JAY CLARKE
MCCLATCHY NEWSPAPERS

You're off on a long-dreamed-of vacation, a cruise to sunny Caribbean islands. You're on a big cruise liner with a couple thousand other passengers. There are doctors and nurses on board, locks on your stateroom door, lots of public spaces, and ship personnel at your beck and call. Safety isn't something to worry about.

Not so, says Miami maritime lawyer Charles R. Lipcon in a new book, "Unsafe on the High Seas."

"The problem is, people don't think anything bad can happen," Lipcon said in an interview. But as on any vacation, things can go wrong even on a cruise ship, he said, and passengers need to keep their guard up.

Most importantly, he said, don't leave your common sense behind.

"Getting on a cruise ship is like traveling to a strange city. Take some precautions," Lipcon said.

You wouldn't walk alone at night in a strange city; don't do it on a cruise ship. You wouldn't go to a stranger's room ashore; don't go to a crew member's room on board.

Those are some of the safety tips that Lipcon gives in his book.

"That's the reason I wrote the book - to tell passengers how to avoid problems," said the Miami attorney, who has filed many lawsuits on behalf of clients who experienced problems aboard ship.

"When you get on a cruise ship, you're not in the United States anymore," he warned. The laws of the ship's country of registry aren't the same as those in America, and you might not get the protections. Medical care is limited and may not be up to U.S. standards.

Passengers having too good a time at a ship bar also could be at risk, Lipcon writes. "Fueled by firewater, people do crazy things." Young women in particular can fall prey to the date-rape drug. His advice to them: Only drink beverages you have witnessed being prepared, and ask that bottled drinks come unopened. "That's a must."

Stateroom safety is another area Lipcon touches on. "Never open your door to strangers," he writes. All valuables should be locked in a safe and guard your key card, just as you would your credit card ashore.

That said, the vast majority of passengers never experience any problems aboard, except perhaps for spending more than they intended.

Cruise line representatives say crimes on board are extremely rare. Quoting from testimony at last year's Congressional hearings, Michael Crye, executive vice president of the Cruise Line Industry Association, said that of the 4.4 million passengers who sailed from April to Aug. 24 in 2007, only .01 percent were involved in reported incidents.

While Lipcon's recitation of what can happen aboard ship can sound intimidating, the attorney said the intent of his book is not to scare people away from taking a cruise, but to send them off with their eyes open.

"Have fun, be cool, but be wary," he advises.

Unsafe on the High Seas is available for purchase at Amazon.com or direct through our web site here.

MiamiHerald.com

BY JAY CLARKE

You're off on a long-dreamed-of vacation, a cruise to sunny Caribbean islands. You're on a big cruise liner with a couple thousand other passengers. There are doctors and nurses on board, locks on your stateroom door, lots of public spaces, and ship personnel at your beck and call. Safety isn't something to worry about.

Not so, says Miami maritime lawyer Charles R. Lipcon in a new book, Unsafe on the High Seas.

"The problem is, people don't think anything bad can happen," Lipcon said in an interview. But as on any vacation, things can go wrong even on a cruise ship, he says, and passengers need to keep their guard up.

Most importantly, he says, don't leave your common sense behind.

"Getting on a cruise ship is like traveling to a strange city. Take some precautions," Lipcon said. You wouldn't walk alone at night in a strange city; don't do it on a cruise ship. You wouldn't go to a stranger's room ashore; don't go to a crew member's room on board.

Those are some of the safety tips that Lipcon gives in his book.

"That's the reason I wrote the book -- [to tell passengers] how to avoid problems," said the Miami attorney, who has filed many lawsuits on behalf of clients who experienced problems aboard ship.

"When you get on a cruise ship, you're not in the United States any more," he warned. The laws of the ship's country of registry aren't the same as those in America, and you may not get the protections. Medical care is limited and may not be up to U.S. standards.

Passengers having too good a time at a ship bar also may be at risk, Lipcon writes. "Fueled by firewater, people do crazy things." Young women in particular can fall prey to the date rape drug. His advice to them: Only drink beverages you have witnessed being prepared, and ask that bottled drinks come unopened. "That's a must."

Stateroom safety is another area Lipcon touches on. "Never open your door to strangers," he writes. All valuables should be locked in a safe and guard your key card, just as you would your credit card ashore.

That said, the vast majority of passengers never experience any problems aboard, except perhaps for spending more than they intended.

Cruise line representatives say crimes on board are extremely rare. Quoting from testimony at last year's Congressional hearings, Michael Crye, executive vice president of the Cruise Line Industry Association, said that of the 4.4 million passengers who sailed from April to Aug. 24 in 2007, only .01 percent were involved in reported incidents.

While Lipcon's recitation of what can happen aboard ship can sound intimidating, the attorney says the intent of his book is not to scare people away from taking a cruise, but to send them off with their eyes open.

"Have fun, be cool, but be wary," he advises.

By CARINE ASUTILLA
ABS-CBN Cebu

CEBU CITY - Widows of crewmen of the ill-fated M/V Princess of the Stars of Sulpicio Lines Inc. (SLI) on Thursday called out to families of the other crew members to refuse at least in P20,000 death benefits being offered to them.

They said the amount is an insult to their husbands who lost their lives from the tragedy. They said that if the families of passengers got P200,000 in death benefits, they should receive the same.

Elina Edisan, whose husband Efren worked as a tool keeper in the ill-fated ship, said that the company is following the Collective Bargaining Agreement (CBA) between SLI and the Sulpicio Employees' Union.

She said that the CBA stated that both licensed and unlicensed crew of the boat only have P20,000 life insurance. The amount will be doubled if the crew met an accident.

"They read to us the CBA [that says] if my husband is still missing we get 20,000 pesos, if the victim is identified, we get 40,000 pesos," said Edisan.

She said that she will not accept the death claim of worth P40,000.

Another widow, Rosabella Cabanganan, whose husband Francisco worked as a watchman, said that she will not process the requirements for the said death claims as she thinks it is an insult to the life of her husband.

"My husband worked there, he lost his life in an accident, and we only get that amount? Why can’t we get the same insurance with the passenger victims?" said Cabanganan.

Appeal to others

Lorena Dizon, wife of 4th Engineer Librado Dizon, said that her husband used earn P20,000 per month as salary. She said she will not accept P40, 000 being offered for death claims.

She said that the amount is not enough to pay the damage. She urged the families of other crewmen not to accept the insurance.

Larry Straus Beduya, industrial relations officer of the Associated Labor Union-Trade Union Congress of the Philippines, said that they are currently negotiating with SLI management to increase the insurance for the crew and level it with the death claims of passengers.

He said that aside from death claims, they are asking the management to give education scholarship to children of crewmen and provide jobs to the next provider for the crew’s family.

He said that SLI is open for negotiation and they are still waiting for their respond to it.

There were 121 crew in the ill-fated M/V Princess of the Stars, 73 of whom are members of ALU-TUCP.

Ten of the 73 members are licensed crew while the 63 are unlicensed crew or rank and file.

Written by Ken Borsuk, Greenwich-Post.com Staff Reporter

Having learned to love sailing as a child, Greenwich resident Hillary Bercovici never expected that a simple trip from Bermuda would turn into a medical emergency for him, necessitating a rescue at sea.

Mr. Bercovici, an Episcopal priest and pastoral psychotherapist, working as a scholar-in-residence at Trinity Church Greenwich, was part of a crew returning the racing boat Misty, a 40-foot sloop, to Rhode Island from Bermuda two weeks ago, after it had taken part in a race just a few days earlier. An experienced sailor, Mr. Bercovici had made the trip before, but this time bad weather and choppy waters led to his injury.

In an interview with the Post on Tuesday, Mr. Bercovici said they were two days into the trip, which usually takes four to six days depending on conditions, when they encountered some rough seas on June 30.

“It was nothing of great concern,” Mr. Bercovici said when asked about the conditions. “We weren’t in a panic or anything. But when we went to change course we were hit by a wave on the side which swung us around unexpectedly. I got knocked over by the mainsheet, which holds in the mainsail. I don’t really remember what happened, but I’m told I was knocked down and my head hit a winch. I got a concussion and it opened up a two-and-a-half-inch gash over my right eye.”

Despite the blow to the head, Mr. Bercovici never lost consciousness and in fact believed he was fine at first.

“Everyone was around me asking if I was OK, and I kept telling them, ‘I’m fine. I’m fine. What’s the big deal?’” Mr. Bercovici recalled. “They told me I was bleeding and at first I didn’t believe them but then I held my hand up to my head and saw it was covered in blood.”

Mr. Bercovici was immediately taken below deck and treated in an attempt to stop the bleeding. It was then that his condition began to worsen. Since they were more than 200 miles from land, the boat had to use the satellite phone to call the Coast Guard and make contact with a doctor.

“Apparently I got a bit on the incoherent side,” Mr. Bercovici said. “I’m told I was getting very confused and the bleeding wouldn’t stop. I started hallucinating and seeing people that weren’t there. I remember thinking there were all these people there in costume like it was a Halloween party or something. It was definitely a very weird experience for me. I had never gone through anything like that in my life.”

The Coast Guard said it would be able to get assistance to Misty, but it would take six hours. That concerned the doctor with whom the crew was in contact. While the bleeding was not a concern, the hallucinations were, and the doctor was concerned it was a symptom of a far more serious injury than a concussion, and required immediate attention. It was then that an alternate idea was put forth by the Coast Guard.

A cruise ship, the Norwegian Dawn, was about 32 nautical miles away and was participating in the Amver program with the Coast Guard. That meant the ship was available for assistance if needed, and it was called upon. Despite the bad weather, with rain and wind gusts up to 33 knots and reported 20-foot swells, the ship was able to locate the Misty, lower a rescue boat with three crew members and get Mr. Bercovici on board.

The ship offered all the luxuries vacationers enjoy, but the onboard physician was what Mr. Bercovici needed most. As soon as he was safely on the ship, Mr. Bercovici was able to get the treatment he needed. The doctor stopped the bleeding and diagnosed his hallucinations. Mr. Bercovici had been wearing a scopolamine patch behind his ear to help him combat some seasickness, and the medicine combined with the blow to the head to trigger the hallucinations.

Once the patch was removed the medicine began to wear off, and after almost eight hours, the hallucinations stopped. Once he was given different medication to help him get his balance back, Mr. Bercovici was able to leave the infirmary. But he couldn’t return home just yet. The Norwegian Dawn had been headed to Bermuda when it picked him up, so he returned to where he started.

Mr. Bercovici said he didn’t mind.

“It sure beat a Coast Guard cutter,” he said. “The company was really good to me. Everyone on board was just incredible.” The Norwegian Cruise Line allowed him to stay as a guest for free. Andrew Gigla, who had suffered shock-like symptoms while taking part in a sailboat race off the coast of Cape Cod, Mass., was also given lodging.

Mr. Bercovici praised the boat’s captain, Trygve Vorren. In order to get Mr. Bercovici off the Misty and onto the Norwegian Dawn, Mr. Vorren had to maneuver the nearly 1,000-foot-long cruise ship against the considerably smaller Misty, and Mr. Bercovici said he did everything skillfully. Both Mr. Bercovici and Mr. Gigla got to know Capt. Vorren during the trip to Bermuda, as they got the rare privilege of being allowed on the bridge to meet the senior crew, including those who had done the actual rescues.

“It was wonderful to meet these guys,” Mr. Bercovici said. “It was very moving.”

Having left his wallet and passport on the Misty in all the confusion, Mr. Bercovici was able to get a loan from the crew so he could get to the airport, where his wife was waiting for him to get him back to Greenwich.

Mr. Bercovici’s injury proved to be a mild concussion, and he is nearly fuly recovered. Because of the concussion, at first he was sleeping 16 hours a day, but now he’s back to normal sleep patterns.

The accident has done nothing to cool Mr. Bercovici’s love of sailing. He and his wife are planning an August trip in their own boat for some coastal cruising.

“I’m getting stronger every day,” Mr. Bercovici said. “I feel like I’m all the way back, but I’m being told not to just rush back... and ease into it.”

By Otto Smyth, LawFuel.com

According to reports by Princess Cruise Line accident lawyers at Ehline Law, a spokes person for Crown Princess, Julie Benson have released information in the latest cruise passengers to go overboard on one of their ships.

This time it was the Princess Cruise’s Grand Princess that was approximately 150 miles off of the Galveston Coast when two passengers fell from a balcony. According to the statements by Benson the pair, a 22 year old man and a 20 year old woman fell from a balcony at approximately 1:30 a.m. Their friends alerted the captain of the ship who then turned the ship to go in search of the two passengers.

The captain of the Grand Princess and crew used high powered spot lights and rescue boats to search for the man and woman. Each were found and picked up by rescue boats, one at 5:300a.m. and the other at 6:00 p.m.

These passengers are the latest passengers that have fallen overboard on cruise ships, there have also been passengers such as Mike Mankamyer a passenger on the Carnival Glory, who was rescued by the Coast Guard after falling about 60 feet from the ship and later found approximately 30 miles from the Ft. Lauderdale coast.

Then there was the case of Daniel Dipiero who went overboard for his family to find out later that after being turned away at one bar aboard ship he was then served at another. Later he found his way to a deck chair where he slept until waking feeling sick and went to the rail to be ill. The next piece of the tape this was seen on shows the young man slipping over the rail. This incident occurred on a Royal Caribbean ship Mariner of the Seas.

The list goes on with passengers who have gone overboard on cruise ships with names like Mindy Jordan and Lynsey O’Brien.

Islander News

In his new book, Unsafe on the High Seas: Your Guide to a Safer Cruise, veteran maritime lawyer Charles Lipcon exposes the seamy underbelly of the cruise industry, calling attention to the litany of potential problems that may ruin the vacation of a lifetime— sexual assaults, shipboard disappearances, unaccredited doctors, inadequate security and noroviruses, among them.

"There are hazards when taking a cruise," the Key Biscayne resident says, "but what it boils down to is people not using commons sense. For some reason when people get on a ship they feel like they’re totally protected, like they’re in a totally safe cocoon, but that’s not always the case."

Based on his 35 years of experience, Lipcon’s book bristles with shocking true stories of cruise-ship passengers who have been injured, victimized or harmed while at sea.

"It’s sort of premised on problem areas I’ve seen," says Lipcon, who is affiliated with the law firm Lipcon, Margulies and Alsina P.A., located near the Port of Miami.

The son of a U.S. Naval officer, Lipcon traveled extensively when he was a youth. He attended the University of Miami and received his bachelors degree with a dual major in political science and philosophy. He subsequently attended UM’s School of Law and received his Juris Doctor degree.

Lipcon began to practice law in Miami, just as the cruise industry as we know it today was forming. His first case, involving a crewman who’d had an accident aboard a ship, initiated the young attorney into the intricacies of the industry. He learned that a ship may be built in Italy, based in the U.S. and fly a Liberian flag. That led the young lawyer to wonder: "So whose jurisdiction is it under? Whose laws apply?"

In order to sue for reparations for the crewman, Lipcon had to slog through "layers of laws" and international treaties to discover who was responsible and who to file suit against. He won his case for the crewman, and in the more than three decades since, he’s won awards on behalf of both crewmen and passengers while setting precedents in maritime law.

"What I found so interesting about that case is that most of these ships are part of a corporate maze— the employer of the crew is one company, the owner of the ship is a different company, the operator is another company and the shareholders are from another county. So there a lot of overlapping jurisdictions to got through. As a lawyer, you have to work your way through that maze of international laws— it’s like handling a very complex puzzle."

Unsafe on the High Seas is the result of Lipcon’s 35 years of first-hand experience in maritime law. It is an offshoot of his dedicated quest and subsequent success in exposing the secrets the cruise industry does not want passengers to know.

The book’s dedication reads: "For the victims of accidents and crimes on board cruise ships. It is my hope that this book will assist future cruise line passengers from becoming victims. If only one person is helped by this book, I will feel that it has been worth the effort."

In a chapter titled "A Pattern of Cover-ups," Lipcon showcases the variety of tricks the cruise industry uses to smooth over problems and avoid lawsuits and damaging publicity.

"They know how to take advantage of every wrinkle in the law and they are behind a very powerful lobbying group," says Lipcon.

Another chapter in Lipcon’s cruise-ship survival guide details problems involving unaccredited ship physicians. To illustrate the extent of the problem, Lipcon mentions a woman who needed medical attention after injuring her head in a fall. Due to substandard medical equipment and an erroneous diagnosis by the ship doctor, the woman wound up becoming a paraplegic.

"My advice is that if you have a serious medical problem, get off the ship as quickly as possible and get advice from your personal physician," says Lipcon.

Most disturbingly, "the cruise lines disavow any liability for the ship doctor, which I personally think is outrageous," adds Lipcon.

From easy-to-follow rules for staying safe in a cruise ship environment to sensible talk about health and sanitation issues, Lipcon’s brisk 116-page book contains helpful advice for future cruise ship passengers to avoid the risks and hazards that can spoil their experience.

"When people are in a big city, their antennas go up and they’re alert, but when they’re on a cruise ship, they let their guard down," says Lipcon. "The purpose of my book is to make people aware that there are hazards on cruise ships, just like anywhere else."

Lipcon says his book offers sensible advice to guide a passenger from the purchase of the ticket (which is a binding contract) until the end of the voyage.

"My hope is that people will leaf through this book before boarding a cruise ship," says Lipcon, "because I believe many of the horrific things that have happened on ships could’ve been avoided had people read my book."

Unsafe on the High Seas: Your Guide to a Safer Cruise is available on Amazon.com and other online book retailers.

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

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

Bad steering, improper training caused 2006 Crown Princess' tilting

ORLANDO, Florida - Improper training and bad steering by the second officer on a Princess Cruises ship caused the vessel to tilt suddenly in 2006, injuring almost 300 people, the National Transportation Safety Board determined Thursday.

The NTSB said the Crown Princess' captain and crew failed to realize how fast they were going in shallow water, which threw the ship off course. The second officer disengaged autopilot to correct it, then steered the wrong way, the board determined.

"The errors of the captain and staff captain in operating the integrated navigation system resulted from inadequate training," the board said in a synopsis of the accident.

Princess Cruises apologized to passengers Thursday and said it has already made changes requiring further navigation training for crews and better oversight for deck officers.

"We want to assure our passengers, or those who may be thinking about traveling with Princess, that the highest priority for our company is the safety and well-being of our passengers and crew," the Santa Clarita, California-based company said in a statement.

The Crown Princess was headed from Port Canaveral in Florida to New York City to close a 10-day Caribbean trip on July 18, 2006, when it suddenly tilted up to 24 degrees, hurling passengers and objects about the boat.

The captain was not on the bridge at the time, and should have been, the NTSB determined.

The ship had been in service about a month, and the board said there was nothing wrong with it mechanically. Weather and sea conditions were also uninvolved.

Princess Cruises faces a class-action lawsuit in Los Angeles from about 35 passengers who claim severe injury and distress. Dan Rose, an attorney with Kreindler and Kreindler, which represents the class, said the report was not surprising.

"Since the beginning of our investigation we knew that there had been some obvious misconduct by the crew," Rose said. "What is troubling is the lack of training that this crew was given, and the lack of supervision that the captain provided."

As a result of the investigation, the NTSB will recommend enhanced training on navigation systems for International Maritime Organization certification and members of the Cruise Line International Association.

Three British tourists were seriously injured when ice from a glacier crashed down on to a sightseeing boat in the Arctic Ocean.Fifteen other people, 14 of them British, were also hurt in the accident near the Svalbard islands off the Norwegian coast.

The three British tourists and one crew member were flown to Tromso, on the Norwegian mainland, for emergency treatment while the other 14 were treated at an island hospital.

The hurt tourists, whose injuries were not said to be life-threatening, are believed to be aged between 40 and 70.

The luxury ship with 50 tourists on board was sailing close to the towering Horn glacier when large chunks of ice broke off and fell on to the deck.

“The Russian captain said they were tight into the Horn glacier when it calved [splintered],” a Norwegian police spokesman said. Blocks of ice landing in the water tossed the boat and its passengers around violently, the spokesman said. Sightseeing ships routinely sailed close to the glacier but “not as close as this”, he said.

The captain and crew, who sailed the boat to the islands after the incident, will be interviewed by the governor of the islands, who is also chief of police.

By James J. Kilpatrick

In March 1997, the Carlisle family of Ann Arbor, Mich., embarked upon a Caribbean cruise. Their vacation ended abruptly in Cozumel after daughter Elizabeth, 14, fell seriously ill. Last month the resulting lawsuit reached the U.S. Supreme Court. We will know in October if the high court will take the case.

The facts are not in dispute. The Carnival cruise ship Ecstasy was only two days out of Miami when Elizabeth developed serious abdominal pain. She consulted the ship's physician, Dr. Mauro Neri. According to the record, he repeatedly advised the family that she was suffering only from flu. He saw no persuasive evidence of appendicitis. When the pain grew worse, the family flew home. There her ruptured appendix was removed, but not before the teenager had been rendered sterile.

Elizabeth sued the Carnival line in the lower state courts of Florida. She lost in the trial court on Carnival's motion for summary judgment, but won in a District Court of Appeal -- only to lose again last February in the state Supreme Court. In her petition to the U.S. Supreme Court she challenges a line of cases that appear to immunize cruise lines from responsibility for the malpractice of their doctors.

Was this doctor an independent agent or an employee? Before sailing from Miami, Carnival had entered into a contract with Dr. Neri, a resident of London. At a salary of $1,057 a week he was to serve as ship's doctor. He would be introduced as such at a welcoming embarkation party. He would wear an officer's uniform with four gold stripes. His name and photograph would be used in Carnival's promotional materials. By every outward appearance, he was an officer on an ocean-going ship.

On the other hand, maybe he wasn't. The cruise ticket issued to the Carlisles carried a few lines of fine print: The doctor was aboard solely for the convenience of passengers. "He is not and shall not be considered in any respect whatsoever as the employee, servant or agent of the carrier and the carrier shall not be liable ..." et cetera, et cetera.
Was this disclaimer sufficient to quash the girl's suit against Carnival?

The Supreme Court of Florida ruled reluctantly last February that it was indeed sufficient: Carnival was not responsible for the opinions of its salaried shipboard doctor. Citing cases, the court held that Dr. Neri was "an independent contractor." A long line of precedents supports the view that a shipowner "may not be held vicariously liable for the medical negligence of its shipboard doctor."

This opinion by Justice Peggy Quince was closer to quarter-hearted than half-hearted. Florida's highest court was clearly unconvinced by Carnival's defense: "We find merit in the plaintiffs' argument and the reasoning of the District Court." Nevertheless, "we must adhere to the federal principles of harmony and uniformity."

The effect was to reverse a sound opinion from Joseph Nesbitt, senior judge of Florida's 3rd District Court of Appeal. He agreed that a long line of precedents would militate against the young woman, but times have changed since the long line began: "The practical realities of the competitive cruise industry, and the reasonably anticipated risks of taking a small city of people to sea for days at a time, all but dictate a doctor's presence."

"Because it is foreseeable that some cruise passengers at sea will develop medical problems and the only realistic alternative for such an ill or injured passenger is treatment by the ship's doctor provided by the cruise line, there is an element of control over the doctor-patient relationship. ... We hold that the cruise line's duty to exercise reasonable care under the circumstances extends to the actions of a ship's doctor placed on board by the cruise line."

After all, said Judge Nesbitt, the ship's doctor is an agent of the cruise line. His negligence, if proved, is also the line's negligence:

"A cruise ship is a city afloat with hundreds of temporary citizens, some of whom are passengers and some of whom are the employees and agents of the cruise line who comprise the ship's crew, each of whom, within their particular sphere, owes a duty of reasonable care to the passengers."

Judge Nesbitt's reasoning in the lower Florida court strikes me as too solid to be set aside by outdated precedent. Today's mammoth cruise liners are floating hotels. Ship doctors are indispensable staff. Maritime law ought to treat them as such.

Read the Carlise opinion. This is one of our maritime firm's landmark cases.

Four people are recovering today from injuries they received in a boating accident on the Alafia River.

Hillsborough County Fire Rescue said the boat apparently struck a bridge piling near I-75 Saturday night.

One victim received serious injuries and was air lifted to Tampa General Hospital. Three other victims were taken to the hospital by ambulance.

The investigation into the cause of the accident will be handled by the Hillsborough County Sheriff's Office.

Man Rescued About 1 Hour After Going In Water

A Maryland man was examined for injuries after being accused of jumping off a cruise ship that had departed from Fort Lauderdale in Florida hours earlier.

The crew of the Coast Guard Cutter Bluefin rescued Scott Durrin, 29, of Rockville, Md., about 50 miles east of Boca Raton, Fla., after he reportedly jumped from the Carnival Liberty Sunday night, the U.S. Coast Guard said.

The Coast Guard was notified by the cruise ship captain that Durrin had possibly jumped from the cruise ship around 11:35 p.m. Sunday. Durrin was believed to have fallen about 36 feet into the water.

Officials said the Liberty crew threw life rings and jackets into the water, while the Coast Guard sent out a helicopter and rescue.

The Coast Guard cutter was only nine miles away from the Carnival Liberty when the call came in, so the crew arrived to the search area almost immediately and located Durrin less than an hour later at 12:22 a.m.

Petty Officer James Judge said Durrin appeared to be intoxicated. The Carnival Liberty departed from Fort Lauderdale Sunday about 4 p.m. The Cutter Bluefin is an 87-foot patrol boat homeported in Fort Pierce, Fla.

Many cruise ship accidents, sexual assaults and disappearances are alcohol related. Our firm has more information regarding alcohol on cruise ships.

A 65-year-old man died trying to help out his son, whose boat was disabled in the Carrabelle River Monday.

The Florida Wildlife Conservation Commission reported today that Glen Roger Buffkin, 65, of Carrabelle, was trapped and died after his 31-foot shrimp boat overturned around 9 a.m. Monday while entering the river.

Buffkin was on the water to help his son, whose boat had broken down.

An 18-year-old passenger on his boat, Nathan Crum, kicked out a cabin window and escaped.

The boat went down in water approximately 15 feet deep.

Investigator Eric Johnston said Crum repeatedly swam down to the cabin but could not locate Buffkin. A passing boat picked up Crum and notified The Moorings marina in Carrabelle who notified law enforcement.

He said a Labrador retriever that went everywhere Buffkin went apparently died in the mishap.

Johnston said Buffkin had gone out on his vessel Monday when his son's boat broke down on Apalachee Bay. Buffkin was returning to land with the broken starter when the accident occurred.

The cause of the accident is unknown, and the investigation will take months.

Buffkin's death marks the 46th confirmed boating fatality in Florida since Jan. 1. In addition, three other boaters are missing at sea off Lee, Pasco and St. Johns counties and presumed drowned.

A small cruise ship ran aground off Greenland's west coast and more than 50 people were evacuated safely Wednesday, the tour operator said.

The Disko II hit rocks near the island of Qeqertarsuaq, but was not believed to be seriously damaged, said Soeren Rasmussen of the Danish tour operator Albatros Travel.

The 52 passengers — all Danes — and two tour guides were taken ashore as a precaution on the ship's lifeboats and small vessels sent from a village on the island, Rasmussen said. The 18-member crew remained aboard.

"Hitting rocks is always something that has to be taken very seriously but people took it very calmly, there was no danger," Rasmussen said.

"No damage to the ship or its double hull has been found," he said, adding that the Disko II had been built to sail in Arctic waters.

The passengers would remain in Qeqertarsuaq, about 155 miles north of the Arctic Circle, while authorities investigated whether the ship could continue its cruise north to Uummannaq, about 310 miles farther north.

The cruise had started in Kangerlussuaq, the site of a former U.S. Air Force base in southwestern Greenland.

The Disko II was built in 1992 to sail passengers along Greenland's west coast during the ice-free months and was converted into a cruise ship in 2004.

The worst accident off Greenland in recent decades happened in 1959, when all 95 passengers and crew members on the Danish liner Hans Hedtoft were killed when the ship sank on its maiden voyage to Denmark in a storm off the southern tip of Greenland.