Resort Injury Lawyer Blog

The Costa Concordia shipwreck tragedy in the Mediterranean has sparked a review of safety standards on cruise ships. The Transportation and Infrastructure Committee announced in a press release that it will conduct a hearing in February to review cruise ship safety including operating standards and crew training requirements.

Committee Chairman John L. Mica (R-FL) said in the release that "The Costa Concordia tragedy is a wakeup call for the United States and international maritime organizations to carefully review and make certain we have in place all appropriate standards to ensure passengers' safety on cruise ships." He said that "The Committee will review the events of this specific incident, current safety measures and training requirements set by law and international maritime transportation agreements to ensure this mode of transportation remains as safe as possible."

Mica stated that the tragedy appeared to be preventable and the hearing is an effort to prevent such tragedies in the future. Current U.S. laws and regulations will be reviewed in relation to vessels at U.S. ports and in U.S. waters but they do not necessarily apply to Americans cruising internationally. The United Nations Agency that regulates international shipping, the International Maritime Organization, will review the details of the recent tragedy and the current international maritime safety treaty, the Safety of Life at Sea Convention.

Two U.S. law firms are filing class-action lawsuits against Costa Cruises, asking for at least $160,000 per passenger involved in last week's resort tort disaster, according to the BBC. The shipwreck left 11 people dead, hundreds injured, and 21 still missing.

Owned by Miami-based Carnival Group, Costa Cruises blamed the captain of the Costa Concordia for veering off course and crashing into a rock, causing the ship to half sink. The captain has denied the charges of suspected manslaughter, for which he remains under house arrest.

A civil claim is being filed against him in Italy while lawsuits will reportedly be filed in Miami this week against Costa Cruises, with claimants seeking compensation for "continued medical care, loss of earnings as well as the psychological impact they had suffered while trying to get off the ship," reports the BBC. Liability against the company will point to regular route deviations in the past, lack of safeguards on board, and the alarm system.

More than 100 claimants are expected to seek two to three times the minimum claim and some as much as one million Euros.

Costa Cruises is currently focused on managing the immediate urgencies of the disaster but a spokesperson stated that the company has asked passengers to detail their expenses so that they can be reimbursed. Rescue efforts for the missing continue with caution as the ship continues to sink. Fuel tanks are full and could potentially rupture, contaminating the Mediterranean Sea and shorelines.

The Cruise Vessel Security and Safety Act signed into United States law in July 2010 seems to be firmly in place, not that it can totally prevent crimes or personal injury.

As the Act requires, Royal Caribbean recently reported an alleged rape aboard one of its ships to the FBI and BSO, and allowed both to investigate the ship and port. The ship's 'guest care team' also offered the alleged victim assistance including medical care and counseling, according to a statement from the cruise line's manager of Global Corporate Communications, as reported in the Sun Sentinel.

The Sentinel article says that a 15-year-old girl from Iowa said she was lured from a teen dance club on board to a private room, where a 15-year-old boy said there would be a party. Instead, she said, there was only another man there, and the two of them raped her.

Both males live in Brazil, are being held in Broward, and appeared in court last Wednesday. The elder, a 20-year-old, was accused of one count of committing a lewd and lascivious act, ordered not leave the tri-county area and denied access to his or a replacement passport. The younger was charged with lewd and lascivious battery and held at the Broward Juvenile Assessment Center.

The International Cruise Victims Association (ICV) represents victims of crime on cruise ships, their families and friends, and individuals concerned about the problems of victimization and disappearances on cruise ships. The organization advocates for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that do occur on cruise ships, and provides support to victims of crimes occurring on cruise ships.

The National Association for Victims of Crimes and the Rape, Assault, and Incest National Network (RAINN) have joined ICV in the effort to promote reform to the Cruise Line Industry.

The National Crime Victim Bar Association is a network of attorneys and allied professionals dedicated to facilitating civil actions brought by crime victims. Crime victims may be able to file civil lawsuits against perpetrators and responsible third parties for the damages the victims suffered as a result of the crime. Personal injury attorney John Elliott Leighton serves on the Advisory Board of the National Crime Victim Bar Association.

Be prepared for a rise in
Resort Torts ...

Florida Governor Rick Scott - "one of the least popular governors in America" - has decided that state background checks are no longer necessary for port employees.

By signing bill HB283 into law, the Governor has directly increased the vulnerability of Florida's 1,350 miles of coastline to criminal activity and terrorist attacks, not least the Port of Miami, which is recognized as the "Cargo Gateway of the Americas" and the "Cruise Capital of the World" - boasting the largest passenger cruise ship port on the planet.

Considering the millions of cruise passengers who travel through Florida's seven seaports (12.9 million between Oct. 2008 and Sept. 2009), the new bill is completely counterintuitive to The Cruise Vessel Security and Safety Act signed into law a year ago by President Obama. While that Act required increased safety and security measures aboard cruise ships, apparently the Governor does not have the same concern about the comings and goings at the ports.

Putting people at risk in order to cut corners and redirect a few dollars makes no sense for a state that relies on tourism as the largest sector of its economy.

The language in the bill is a virtual invitation to criminals:
• "deletes provisions relating to statewide minimum standards for seaport security"
• "deletes provisions requiring that persons seeking authorization to access secure & restricted areas of seaport execute affidavit"
• "deletes provisions requiring fingerprint-based criminal history checks

A poll last month revealed that 57% of voters disapprove of the Governor's job performance, as reported by the Miami Herald. Along with a rise in criminal activity at the Port of Miami and all along the Florida coastline, we're likely to see the Governor's disapproval rating continue to rise as well.

Royal Caribbean is being sued by a 17-year old girl who was allegedly raped onboard by a 31-year-old employee of the cruise line, reports the Miami New Times. The singer bought the underage girl several drinks after his band performance, including Jägerbombs, pressuring her to drink the shots, according to the lawsuit.

After several drinks, the singer said he needed to pick up something in his room and asked the girl to go with him. Once there, he allegedly engaged in oral sex and intercourse with the girl. When she said she wanted to leave, he said no, and continued to rape her. Another man arrived later and took pornographic photos of the drunken girl.

Royal Caribbean reportedly took her written statement of the incident when she was still intoxicated, testing .101 blood alcohol content.

The lawsuit also names the bartender who served the girl alcohol and the man who allegedly took photos of the rape.

The cruise was a high school graduation gift to the girl from her mother.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers.

Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

As The Cruise Vessel Security and Safety Act is being considered for global implementation by the International Maritime Organization (IMO), more international cruise ship incidents continue to occur.

Minor Abused on Carnival Cruise Ship

Last week, it was reported in Alabama that the U.S. Attorney's office in Mobile arrested a 19-year-old for abusing a minor on the Carnival Cruise Ship Elation, in international waters. The teen was transported to a Federal Courthouse in Mobile after the FBI investigated the matter, and the U.S. Attorney's office will prosecute the matter.

Girl Missing from Disney Wonder Cruise Ship

A 24-year-old girl working as part of the youth program on the Disney Wonder cruise ship has been missing for two weeks, after departing Los Angeles for a week along the Mexican Riviera. The Disney Wonder is registered in The Bahamas, where local police reportedly said they have found no evidence suggesting foul play.

Ill Passenger on Stretcher Dropped into Icy Seas

A British woman who became seriously ill with internal bleeding while on the Ocean Princess in Norway was being taken off the ship by emergency crews when she was dropped into the icy sea. A report states that the vessels weren't latched together and suddenly moved apart as she was being transferred off the ship. This caused rescue crews to drop the stretcher into the water, which was reported to have been minus 3 degrees that day. The woman was reportedly in the water for approximately 8 minutes.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

The Cruise Vessel Security and Safety Act signed into United States law in July 2010 may spread internationally. A proposal was made by the United States to the International Maritime Organization (IMO), the United Nations specialized agency with responsibility for the safety and security of shipping and the prevention of marine pollution by ships. The proposal is based on the principals of the U.S. Act, which seeks to improve the reporting and handling of cruise ship crimes.

Apart from the United States flagged ships or foreign flagged ships operating in an area subject to the jurisdiction of the United States, there are currently no international guidelines that explicitly address these passenger safety and security concerns.

The IMO currently has 169 Member States and three Associate Members, so moving beyond the proposal phase may prove challenging. The U.S.-based organization International Cruise Victims (ICV) sponsored the original Cruise Vessel Security and Safety Act and hopes that individual countries will move forward in the meantime, as the United States has done, to mandate this protection for their citizens.

The ICV is requesting that members and supporters ask for support from legislators around the world. "All of our members are victims or families of victims of the cruise industry, and we are committed to working as hard as we can to help with the approval of this important proposal", said Kendall Carver, Chairman of ICV.

International Cruise Victims organization is a not-for-profit organization dedicated to providing support to victims of crimes that occur on cruise ships, and to act as an advocate for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that occur on cruise ships.

The International Cruise Victims Association (ICV) was created five years ago to address issues, laws and regulations related to crimes on cruise ships. The ICV now has active membership in more than 20 countries and has spearheaded important changes in the cruise industry.

• In 2006, several ICV members testified for the first time at a second Congressional hearing, presenting a 10-point program to improve safety on cruise lines. This list has grown to 13 points and has served as the basis for future legislation.

• In 2007, two additional Congressional hearings took place with Rep. Doris Matsui leading this effort in the House. In June of 2008, under the leadership of Senator John Kerry, a hearing was then held in the U. S. Senate. This resulted in the introduction of the Cruise Vessel Security and Safety Act which was passed in July 2010.

• In 2011, the ICV hopes to change the current 1920 law referred to as the "Death on the High Seas Act" (DOHSA) to hold cruise lines responsible for individuals that die on cruise ships where the cruise lines are at fault.

Concerns of cruise ship safety were highlighted last month, when 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

The "Wave Season" of cruise ship bookings - the period from January to March when the majority of cruises are booked and travel agents offer extra incentives - is fast approaching. This year, wave season comes on the heels of cruise ship safety concerns prominently highlighted in the news and in Washington, DC.

The Cruise Vessel Security and Safety Act, signed into law in July, requires cruise lines to report crimes at sea, train staff to collect evidence of crimes, and install safety features such as peep holes on cabin doors.

The concerns for safety aboard these gigantic floating cities, which now carry up to 8,000 people, are many. Cruise expert Ross A. Klein reportedly testified before a Senate hearing in 2008, stating that the rate of sexual assault on cruise ships is almost twice the U.S. rate of forcible rape - about 56.9 per 100,000. The CDC lists more than a dozen outbreaks a year of gastrointestinal illness cases "evaluated by the medical staff before the ship arrives at a U.S. port, when sailing form a foreign port." [Those reports only cover cruise ships in which 3% or more of passengers or crew reported symptoms of diarrheal disease to the ships medical staff during the voyage.] And just last month, 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

Kendall Carver, president of International Cruise Victims, has expressed concern about increasing risks on increasingly large cruise ships. In an article published by the Palm Beach Post, Carver says: '...as ships get bigger and bigger, essentially becoming floating cities, they put more and more people at risk should the worst happen.'

Vacationers need to be aware of the risks related to their travel plans, particularly when the goal is to relax and let go of everyday worries. Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

Kendall Carver, president of International Cruise Victims, has expressed concern about increasing risks on increasingly large cruise ships. In an article published by the Palm Beach Post, Carver says: '...as ships get bigger and bigger, essentially becoming floating cities, they put more and more people at risk should the worst happen.'

Royal Caribbean's Allure of the Seas, which can hold 6,360 passengers and 2,100 crew, has made its debut as the largest cruise ship in the world, along with its twin, Oasis of the Seas. A spokeswoman cited the redundant propulsion, heating and air conditioning, lighting and water systems, that would provide lights, power and flushable toilets, all at a comfortable temperature, even if one engine compartment were rendered inoperable.

Concerns of cruise ship safety were highlighted last month, when 4,500 passengers and crew aboard the Carnival ship Splendor were stranded for three days at sea, without air conditioning, hot water, hot meals, or cell phone or Internet service, after a fire broke out on the first day of a seven-day Mexican cruise.

New rules for cruise ship safety measures were signed into law in July, with the Cruise Vessel Security and Safety Act. The Act includes requiring cruise lines to report crimes at sea, training staff to collect evidence of crimes, and specific requirements for safety features such as peep holes on cabin doors.

Resort Torts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. These can involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. Resort Torts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.

The International Cruise Victims Association (ICV) represents victims of crime on cruise ships, their families and friends, and individuals concerned about the problems of victimization and disappearances on cruise ships. The organization advocates for legislative reform to protect passengers from crimes and increase the rights of victims of crimes that do occur on cruise ships, and provides support to victims of crimes occurring on cruise ships.

The goal of the organization is to contribute to growing a cruise industry where passengers and crew members are safe and secure from victimization while on board a cruise ship. ICV has given cruise crime victims a forum to tell their stories and inform the public that there are serious issues that need to be addressed by lawmakers. Media around the world and lawmakers are taking notice of the need for cruise industry reform.

The National Association for Victims of Crimes and the Rape, Assault, and Incest National Network (RAINN) have joined ICV in the effort to promote reform to the Cruise Line Industry.

The National Crime Victim Bar Association is a network of attorneys and allied professionals dedicated to facilitating civil actions brought by crime victims. Crime victims may be able to file civil lawsuits against perpetrators and responsible third parties for the damages the victims suffered as a result of the crime. Personal injury attorney John Elliott Leighton serves on the Advisory Board of the National Crime Victim Bar Association.

Cruise lines must now report to the FBI all crimes aboard cruise ships AND must take actions to protect the crime victims. The new legislation requiring these measures was passed in Congress last month. Once it is signed by President Obama, it will enforce security measures requiring ships to install peep holes on cabin doors and make further changes affecting rail heights, warning devices, and other security measures. Cruise lines will also be required to provide shipboard medical care for victims of sexual assault and medical staff that knows how to collect forensic evidence, reports USA Today. Inadequate premises security is too often the culprit in personal injury cases that occur in tourist destinations, where vacationers naturally let their guard down to relax and 'get away from it all.' Inadequate security and premises liability lawsuits usually involve criminal assaults and violent crime due to negligent security, insufficient lighting, inadequate security equipment, inadequate security personnel, or other causes. The law governing these cases is derived from the general principle that those who own or possess property have a duty to protect users from accidental, negligent, and intentional acts of third parties.

ResortTorts are cases of civil liability for negligent or criminal acts that arise out of a resort, vacation or recreational setting. involve aspects of hotel and motel safety, cruise ship litigation, pleasure boating and jet ski incidents, amusement and theme park liability, aquatic, diving and swimming incidents, foreign travel and medical emergencies, gaming and casinos, aviation (commercial and general), rental car liability, moped, bicycle and motorcycle safety, buses and tour guides, travel industry liability for crime victims, and medical care provided to vacationers. ResortTorts can encompass a vast array of types of cases but they all have one thing in common: tourists, business travelers and locals alike are all exposed to risk while traveling, vacationing or engaging in resort or pleasure activities.