A Beautiful Day In Miami - Cruise Ship Capital of the World

Sun, 14 Mar 2010 00:53:26 GMT

Today was a beautiful day in Miami - 68 degrees, bright blue skies, and a gentle breeze from the south.

This is the type of weather which reminds me why I live in Miami.

My family decided at the spur of the moment to drive over to South Beach.

All afternoon long, jet - after - jet flew over Miami Beach filled with passengers ready to head from the airport over to the port to board a cruise ship or take a taxi to the beach to unwind and party for the week.

We had a nice lunch at the Lord Balfour hotel, on the front patio, between 4th and 5th street. My boys then headed over to the beach, mentioning something about looking for the topless beach. Mommy said no way. I said take my camera. We reached a compromise and headed to "SouthPoint."

"SouthPoint," where South Beach ends, has a nicely developed board walk where tourists can watch the cruise ships sail up Government Cut and head south to the Caribbean. Thousands of passengers, tiny specs on the top decks, waive to the tourists ashore who waive back. You can hear the music pumping from the ships and you know everyone aboard is excited to be beginning their much deserved vacation cruises.

Today, four cruise ships sailed by. Carnival's Destiny and Liberty, NCL's Norwegian Pearl, and Royal Caribbean's Navigator of the Seas headed out to sea from the port of Miami. I took a photo of the Liberty and caught my older son running along the jetty after the cruise ship passed by.

Miami is a beautiful and exciting place to live. More cruise passengers sail out of Miami on a weekend than live in my hometown back in Arkansas.

We had a nice afternoon.

I hope I don't hear from any of the passengers Monday morning when I return to work.

Credits:

Photographs Jim Walker

SCOTUS Review Sought for Maritime Attachment Case

mmm@hawaiilawyer.com (Mark M. Murakami) — Sat, 13 Mar 2010 17:23:42 GMT

A Petition for Writ of Certiorari has been filed with the Supreme Court seeking review of Shipping Corp. of India, Ltd. v. Jaldhi Overseas Pte, Ltd. At the risk of grossly simplifying, this case deals with the ability to attach...

A Petition for Writ of Certiorari has been filed with the Supreme Court seeking review of Shipping Corp. of India, Ltd. v. Jaldhi Overseas Pte, Ltd.

At the risk of grossly simplifying, this case deals with the ability to attach electronic funds transfers as they pass through banks in New York. The federal rules governing admiralty disputes allow for attachment or prejudgment seizure of "property" to provide for funds to satisfy the claims in dispute. What is "property" is defined by state law. In international banking, if dollars are denominated as the currency for the transaction, foreign banks use an intermediary bank to convert the current to dollars. While those funds are present in the Clearing House bank (in New York City), can they be subject to attachment? Even if the dispute is between two non-American parties?

My earlier post on this case, with briefs and analysis, is here.

The Petition has the following Questions Presented:

1. Whether attachments under Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure of electronic funds transfers ("EFTs") are precluded by New York State law, specifically §§ 4-A-502(4) & 503 of the New York Uniform Commercial Code?

2. Whether in order to maintain uniform rules relating to maritime matters, which was the fundamental purpose of certain provisions in the Constitution, conflicting provisions of State law and that work material prejudice to the attachment remedy are invalid to that extent?

3. Whether no State, through its enactment of the Uniform Commercial Code, can purport to restrict or define "intangible" property subject to maritime attachment?

The Supreme Court docket can be viewed here. It denotes that the prevailing party in the Court of Appeals did not file a response.

There were two amicus briefs filed, one by the Maritime Law Association of the United States and one by the Clearinghouse Association. Thanks to counsel for providing copies of their pleadings.

MLA filed an Amicus Brief in Support of Petitioner.

The Clearing House Association filed an Amicus Brief in Opposition.

More Trouble for Princess Cruises Excursion Bus Driver

Sat, 13 Mar 2010 11:42:52 GMT

BVI Platinum News reports that cruise excursion bus driver Roland Allen is in trouble with the Tortola police again.

Mr. Allen - known in the community as "Crash Dummy" - was the driver of the green excursion bus which crashed on "Windy Hill Road" on February 24, 2010 while transporting cruise passengers from a Princess Cruises' cruise ship. One cruise passenger died and multiple others were injured.

A few days before the bus accident, a theft occurred when someone broke into a home and stole various items including a laptop computer. Mr. Allen's girlfriend, one Emesha Henry, came into possession of the stolen laptop. The newspaper reports that Ms. Henry resides from time to time at Mr. Allen's apartment. It is less than clear from the article whether Mr. Allen or his girlfriend or someone else committed the burglary.

According to this news source, when police arrived on the scene of the excursion bus accident, the police asked Mr. Allen about his girlfriend. Later, a police officer overheard Mr. Allen speaking on his cell phone. As it turns out, Mr. Allen had called his girlfriend and told her to remove a stolen laptop computer from his apartment and hide the stolen item in a vehicle parked outside.

The police thereafter arrested Ms. Henry and charged her with handling stolen goods. A trial is scheduled for June 2, 2010. There is no indication in the news article that Mr. Allen was charged with any wrongdoing, although it would appear that he should be charged with aiding and abetting his girlfriend in the criminal offense if this story is accurate.

Another article in the BVI News reports that the police suspect Mr. Allen to be involved in the burglary. The article reports that the thief stole "gold plated earrings, gold rings, gold ankle chain, a lap top, a notebook computer, designer handbag and a silver ring . . ."

We have reported on Mr. Allen's troubles in prior articles:

How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?

Did Princess Cruises Check the Driving Record of Excursion Bus Driver, Crash Dummy?

Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident

Police Arrest Driver of Princess Cruises Excursion Bus In Tortola

The readers to the BVI Platinum News article are having a field day with Mr. Allen's involvement in this alleged crime. To say the least, it is repugnant that "Crash Dummy" was engaged in such conduct as a cruise passenger was dying following the crash.

"Cindy" writes: "If this is the case, how many more unsolved robberies or more serious crimes is this young man responsible for?"

"Got a side job?" writes: Seems like "crash" also goes by the name of "smash and grab."

"Good job" writes: "What a call to make after your driving just caused a man his life!!!"

In the comments to the BVI News article, Mr. Allen is referred to as "crash" and "smash and grab," and his girlfriend, Ms. Henry, as "crash chic."

Credits:

Roland Allen photograph BVI Platinum News

Would You Ever Cruise? - The Inevitable Question

Fri, 12 Mar 2010 17:24:05 GMT

Today we have another guest blog by Caitlin Burke who is a member of the International Cruise Victims organization and is interning at our firm. Caitlin's blog last week - Better Safe Than Sorry - Spring Break Safety Tips - was named one of Lexblog's Ten Best Blogs of 3,000 law blogs for the week!

Caitlin's Cruise Blog:

So it's safe to say I've been entrenched in "cruise law" for the past 7 months. Technically it's been 1 year and 9 months if you count when I first became a member of International Cruise Victims and began working on my thesis. Point being- I've been working in the "cruise law" world for quite some time, and am intrigued by the number of times I am asked the same question -

"Would you ever cruise?"

I have made multiple presentations at universities and conferences, and following each and every presentation someone raises their hand to ask the notorious "would you ever cruise?" question.

I have undoubtedly had plenty of opportunities to tweak or shorten my answer to avoid extending an already exceedingly long conversation. So, in an attempt to squash future inquiries regarding my personal cruising practices (and hopefully conjure personal reflection and feedback from others), here are my thoughts on why I would and would not cruise:

(Note: I have been on one cruise in 2008, shortly before I began my senior thesis - "Qualitative Study of Victimization and Legal Issues Relevant to Cruise Ships")

My Answers:

1. I currently choose not to take cruise vacations.

2. It's not because I am terrified of what might happen to me. Yes, crime aboard cruise ships and in foreign ports is a large concern. But considering my day-to-day work (and general personality) it's likely I would be overly paranoid and overly cautious. (Better Safe Than Sorry)

3. I understand the appeal of cruising and agree that it can be "the best bang for your buck." However, I personally cannot support an industry that I know acts unethically and immorally, with disregard for their crew members and passengers.

I know that my perspective might be slightly biased, and I willingly admit to such accusations. But putting my biases aside, the history of the cruise lines' distasteful behavior is inarguable. And if you care to argue in the cruise lines' defense I encourage you to read the following stories:

The story of Merrian Carver (right), a "missing" passenger and the cruise line's desperate attempt to cover her disappearance up.

A 13-year-old girl on the Disney Wonder, sexually assaulted by a 24-year-old man who threatened to throw her overboard if she cried for help.

A woman, Laurie Dishman (below), celebrating 30 years of friendship raped by a security guard employed by the cruise ship.

To clarify - I am not against the idea of cruising and truly believe it can be an incredible and enjoyable experience. My hope is that the cruise lines begin to take responsibility, demonstrating an ethical business model that shows concern for their passengers and crew members aboard their ships.

Once I see this industry turn around, you better believe the sunscreen, bathing suits, and flip flops will be packed. Until then, I'll stick to the companies I know and trust and steer clear of the high seas.

Sometimes, ignorance really is bliss.

Credits:

Photograph 1 Ken Carver

Photograph 2 Sacramento Bee

Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything?

Fri, 12 Mar 2010 01:00:25 GMT

One of the dangers of cruising is the cruise ship catching on fire. Most families who go on a cruise don't like to think about it.

But it happens.

A Rash of Fires on Carnival Cruise Ships

One of the most publicized incident involved Carnival's Ecstasy (left) in 1998 when it caught fire shortly after leaving the port of Miami. If the fire had occurred thirty minutes later there would have been no film crews covering the fire. But local news helicopters from Miami flew to the scene and filmed the burning ship. The story was broadcast on all of the local Miami news stations.

The next year, another Carnival cruise ship, the Tropicale, caught fire and the ship was adrift in the Gulf of Mexico with 1,700 passengers and crew members for almost two days after the fire disabled the engines. This incident received national attention, particularly after passengers complained that some crew members did not speak English well enough to provide safety instructions. The New York Times reported on the debacle in an article "Language Barrier Cited In Inquiry Into Ship Fire."

During the ensuing investigation, the captain of the Tropicale testified that he was concerned that the engine room would explode. He kept information about the raging fire from passengers because he worried they might panic and jump overboard, according to the St. Pete Times article "Cruise Captain Feared Panic."

Despite wide spread media coverage, few major news organizations reported the Tropicale’s prior problems which could be traced back to 1982 when a fire broke out during its inaugural cruise. And the Ecstasy had also caught on fire earlier as well, in 1996.

Carnival has had more than its share of fires, with the Carnival Celebration burning in 1995 which forced 1,700 passengers to evacuate.

Between the Ecstasy and Tropicale fires, the Sun Vista ignited off of the coast of Malaysia and 1,000 passengers found themselves in lifeboats in the Straits of Malacca.

There are spectacular photographs of this fire available on line.

Fires on Princess Cruise Ships

The Royal Princess Fire Reported on Twitter

The most recent fire occurred last year involving a Carnival subsidiary, Princess Cruises. The Royal Princess' engine room caught fire in June of last year during a Mediterranean cruise near Egypt. The cruise line initially didn't release any information to the public. But a passenger, a Pastor from South Carolina, Greg Surratt tweeted on his Twitter account @GregSurratt about the fire from his iphone on the cruise ship.

Reverend Surratt tweeted that the fire had disabled the cruise ship and a tug had to tow the ship back to port. Frantic families in the U.S. had to rely on Pastor Surratt for information about their loved ones. He even tweeted photos of the fire, the passengers sprawling out on the deck in the dark via "Twitpic" - an application which permits photos to be uploaded onto Twitter.

When Princess finally posted its typical less-than-forthcoming corporate press statement, no one was paying attention to the cruise line. Everyone was listening to Pastor Surratt tweeting away on the cruise ship in the Mediterranean. Fortunately no passengers were injured.

Disaster Strikes the Star Princess

Real tragedy struck passengers on Princess' Star Princess cruise ship in 2006.

A fire began on a balcony and quickly destroyed several hundred cabins and killed a passenger, Richard Liffridge of Georgia. We represented Ms. Liffridge's children in litigation against Princess.

The cause of the fire was a cigarette being flicked over an upper balcony. Some of the Princess cruise ships are designed with the balconies of the lower cabins jutting out (photographs below).

So if anything - like a cigarette - is thrown out from an upper balcony, it will land in the balconies below. This created an obvious fire hazard, particularly considering that the balcony chairs and balcony partitions were highly combustible and none of the balconies had heat detectors or sprinkler systems.

Princess knew about the danger, but chose to simply place a sticker on the sliding glass doors stating: "fire hazard - do not throw cigarette ends over the side."

Hoping a smoker won't flick his or her cigarette butts over the rail is wishful thinking - and Princess had no fire suppression systems in place to deal with a balcony fire. The balcony furniture and partitions acted like kindling wood, ready to explode into flames.

Mr. Liffridge's children's story was widely reported, including in an article in the Dover Post, which is re-printed below:

"Siblings Take on Cruise Line after Father’s Death"

Richard Liffridge’s children intend to make sure no other family endures the heartbreak they must bear for the rest of their lives.

An Air Force tech sergeant who retired at Dover Air Force Base, Liffridge and his wife Vicky were on a Caribbean cruise March 23 when a fire broke out aboard their ship, the Star Princess. The fire damaged or destroyed 283 cabins – and killed Liffridge.

Shortly thereafter, Phil Liffridge and his sisters, Michele Norris and Doris Henry, all of Dover, and Lynnette Hudson of Bear, set up the non-profit Richard Liffridge Foundation in honor of their father. Their goal is to bring about tougher fire regulations aboard cruise ships and to lobby for legislation to make cruise ships safer.

They also plan a wrongful death lawsuit against Princess Cruises, owners of the Bahamas-registered Star Princess.

The official report on the fire, published Oct. 23 by the British Marine Accident Investigation Branch (MAIB), placed the blame on an unknown smoker whose cigarette ignited plastic partitions and furniture on one of the stateroom balconies surrounding the exterior of the ship. While room sprinklers kept the blaze from spreading to the interior, choking black smoke from the burning plastic blocked inboard escape routes.

Awakened by fire alarms shortly after 3 a.m., Liffridge and Vicky struggled out of their stateroom and into a hallway, but failed to reach fresh air. Vicky was one of 13 people later treated for smoke inhalation.

Liffridge succumbed to the toxic fumes, his death at first attributed to a heart attack.

The picture of health

“I said, ‘Yeah, right,” Henry said of the news her father had died of a coronary.

At the age of 72, Liffridge had the look and energy of a man 10 years his junior. He was self-conscious about his weight, so he ate properly and exercised regularly at a basement gym in his Locust Grove, Ga., home, Henry said. Her father enjoyed traveling and he and Vicki rarely missed the chance to socialize with their friends.

The cruise was a belated celebration of Liffridge’s birthday, which had taken place March 11.

“He was at the peak of his life,” Henry said.

“Who would have thought he’d be celebrating his birthday and then have so much tragedy?” Norris said.

Although they stop short of accusing the cruise line of deliberate insensitivity, Liffridge’s children feel the Princess Cruise officials were slow to react to the aftermath of the tragedy. Even though Hudson was listed as an emergency contact, no one from the cruise line called to notify her, they said. They found out about their father’s death when their distraught stepmother telephoned from Jamaica, seven hours after the fire was extinguished.

The cruise line also seemed more interested in smoothing things over with survivors whose vacations had been interrupted by the fire than with helping her family, Hudson said.

“They were focused on taking care of people who were inconvenienced, not on the family of the man who died,” Hudson said.

While the cruise line made sure the Star Princess’ passengers got a rebate for the incomplete cruise and a discount on their next excursion, the Liffridge family had to pay to have their father’s remains returned to the United States, Hudson said.

A start, but more needs to be done

Cruise lines, including Princess, started replacing plastic balcony dividers and furniture soon after the Star Princess fire and are acting on additional MAIB recommendations that include posting extra fire watches aboard ship. The United Nations-sponsored International Maritime Organization also is set to discuss new balcony fire safety requirements this December.

But more needs to be done, according to the Liffridge family.

Rep. Mike Castle, R-Del., is co-sponsoring legislation in Congress that would require cruise ships calling at U.S. ports to report incidents involving U.S. citizens within four hours. Working through the Liffridge Foundation, the siblings also hope to influence Congress to ban smoking on cruise ships, except within designated areas.

Despite these efforts, Hudson and her sisters and brother know they’re just reacting to an industry that failed to be proactive.

And although they realize their lobbying efforts and the wrongful death lawsuit, if successful, won’t bring their father back, it may help him rest easier.

“Our focus is to make sure this never happens again,” Hudson said.

“No amount of money will replace our loss,” she added. “The main thing for us is that another family does not have to go through this like we did.”

Lynnette Hudson - Joins The International Cruise Victims Organization

Mr. Liffridge's daughter Lynnette Hudson, who was appointed the personal representative of her father's estate, joined the International Cruise Victims organization. She was asked to testify before Congress and proposed recommendations to prevent other families from suffering through similar tragedies.

Her Congressional testimony is available here.

Ms. Hudson later boarded the cruise ship after it had been repaired and inspected the external heat detectors and sprinkler systems which were installed after her father's death.

Ms. Hudson is shown pointing to the heat detectors and sprinklers. Although all Princess cruise ship have been retrofitted with sprinkler systems on the cabin's balconies, not all cruise lines sailing today have such safety systems.

In her Congressional testimony, Ms. Hudson expressed her fear that other families may face the risks of a cruise fire which killed her father:

"CLIA tells us that by the year 2010 twenty million passengers will sail on cruise ships. Visions of these passengers flicking their cigarettes over the rails as unsuspecting passengers are asleep in their cabins, with no fire detectors or sprinklers instantly comes to mind . . . "

What have cruise lines learned over the course of the last ten years? Is the cruise industry ready for the next fire on a cruise ship with several thousands of passengers?

Additional Information:

NTSB Report of the Carnival Ecstasy fire.

MAIB Report of the Star Princess fire.

Credits:

Carnival Ecstasy photograph WFOR

Sun Vista photographs Sun Vista survivors web site

Royal Princess passengers Greg Surratt twitpic

Star Princess balcony Jim Walker's Flickr photostream

Star Princess balcony on fire CBS News

Star Princess balcony destroyed MAIB report

Dover Post article Jeff Brown

Star Princess Video airplaneflyer69

Driver of boat gives his account

Thu, 11 Mar 2010 20:19:12 GMT

Todd Spangler said he didn't whip an inner tube carrying two women into a dock at West Shores Lake. Spangler said the women — his wife, Kim, and their close friend, Jennifer Finke-Dwyer — “skipped across the water like a rock” and didn't hit the dock until 3 to 6 seconds after they had fallen off of the tube he pulled behind his boat.

Trial called in Lake George tour boat tragedy

Thu, 11 Mar 2010 19:59:39 GMT

Albany, New York - March 9, 2010 A federal judge has called a trial to determine whether another boat's wake contributed to a deadly tour boat accident on Lake George. In 2005 the Ethan Allen capsized, killing 20 elderly passengers from the Midwest. The Lake George Steamboat Company filed a request asking a judge to dismiss liability claims that its tour boat's wake contributed to the accident. On Monday the judge refused, setting a trial for June 10. Claims against the boat owner, operator and tour organizer have been settled. WCAX News

Crime or tragic accident? --Trial opens in boating fatality

Thu, 11 Mar 2010 19:55:04 GMT

The driver of a boat on trial for negligent homicide in the Father's Day 2008 death of a 34-year-old Meredith woman had a blood-alcohol level one-and-a-half times the legal limit of .08 when the power boat she was piloting hit Diamond Island, according to the state. Prosecutor Jim Carroll told jurors during opening arguments Monday in the trial of Erica Blizzard, 37, of 36 Gold Street, Lakeport, that the defendant was "impaired" when she crashed the 37-foot 2008 Formula 370 SS she was piloting into the 27-acre island located in The Broads — the widest section of the lake.

Cruise Line Fat Cat Billionaires

Thu, 11 Mar 2010 05:43:17 GMT

A fascinating article appeared in USA Today's Cruise Blog by Gene Sloan - "Titans of the Cruise Industry See Their Net Worth Soar."

This is an amazing article reporting on the Forbes 400 richest people in the U.S., which includes Carnival fat cat billionaires Mickey Arison, Royal Caribbean's Pritzker family, and entrepreneur Leon Black whose private equity firm controls Norwegian Cruise Lines, Oceania Cruises and Regent Seven Seas Cruises.

The article which is re-printed in it entirely below is an insight into how to create a fortune by convincing tax paying Americans to turn over their hard earned money to foreign Incorporated, non-tax paying corporations operating foreign flagged cruise ships.

The phenomenon is of particular interest to me because I represent the backbone of the cruise industry - crewmembers like Ismael Richards (photograph above) who worked for 14 years - over 350 hours a month never making more than $545 a month until his back failed and he was abandoned by the cruise line.

So here is the article for your prurient interests:

"The past year has been a good one to be a titan of the cruise industry. Just ask Micky Arison (photograph right).

A year ago, as cruise stocks were plunging along with the economy, wealth watcher Forbes was pegging the Carnival mogul's net worth at just $2.9 billion -- a multi-year low. But with the industry on the rebound, Arison's fortunes once again are on the rise.

Forbes' annual ranking of the world's billionaires for 2010, out late Wednesday, puts Arison's net worth at $4.4 billion, placing him at No. 189 on the magazine's closely-watched list. A year ago he ranked at No. 221.

Arison still has a long way to go to reach his former glory. As recently as four years ago, when the cruise business was riding high, Arison's hefty stake in Carnival had landed him among the 100 richest people in the world. In 2006, Forbes estimated Arison's net worth at more than $6 billion, putting him at No. 94 on the list. He ranked at No. 129 in 2007 and No. 189 in 2008.

Micky Arison isn't the only Arison whose fortunes are rebounding. Another Carnival heir, Shari Arison, is now worth $3.4 billion, up from $2.7 billion a year ago, according to Forbes. Alas, Shari Arison's rising wealth isn't enough to keep her in place in the rankings, where she has dropped to No. 277 from No. 234 in 2009. Four years ago she was within striking distance of the Top 100 at 109.

Another would-be cruise mogul, Leon Black (photograph below, right), also is doing better. The self-made financier who controls Apollo Management -- the private equity firm that in turn controls Oceania Cruises, Regent Seven seas Cruises and Norwegian Cruise Line -- almost didn't make the Forbes list last year as his net worth plunged to just $1.1 billion. But this year he's on the rebound with a net worth that Forbes pegs at $2.5 billion. He now ranks No. 277 on the list, up from No. 647 a year ago.

Also faring better are the many members of the Pritzker family of Chicago who collectively own a sizable chunk of Royal Caribbean. Forbes says Thomas Pritzker is now worth $1.6 billion, up from $1.3 billion a year ago (though his ranking on the list has fallen to No. 616 from No. 559 in 2009). Jay Robert Pritzker, Anthony Pritzker and Penny Pritzker, with $1.4 billion a piece, are next at No. 721, followed by a half dozen more Pritzkers who tie at No. 773."

Credits:

Ishmael Richards Jim Walker's Flickr photostream

Mickey Arison Business Week

Leon Black Adam Berry / Bloomber / Lardov

Tortola Tourist Board - Let Cruise Excursion Bus Story "Die Naturally"

Thu, 11 Mar 2010 03:14:53 GMT

BVI News and BVI Platinum News continue their excellent coverage of the tragic and deadly crash of the Princess Cruises' excursion bus in Tortola, British Virgin Islands (BVI) with an article entitled "It could Have Been Worse."

PR Nightmare

The BVI Tourist Board is trying to manage the public relations nightmare of the death and multiple injuries of U.S. cruise tourists on a bus with no seat belts being driven by a bus driver with an arrest history and prior conviction record for reckless driving nicknamed "Crash Dummy."

The Director of the BVI tourist Board, Ms. Hadassah Ward (photograph below, left), is struggling with crisis management efforts following this debacle. Ms. Ward scheduled a press conference yesterday where she announced that "it could have been worse."

I'm not sure I understand exactly how it "could have been worse."

A young man died needlessly on a cruise excursion, purchased by his loving parents for his birthday, because of the obvious negligence of the excursion company and cruise line which saw fit to associate itself with a substandard tour company which hired a known reckless driver nicknamed "Crash Dummy" operating a bus not suited for mountainous terrain.

Ms. Ward should have said "this should have never happened."

Instead we see Ms. Ward and her "Tourist Board" worrying about the image of her island and fretting about the press and the blogs covering the tragic story.

Muzzle the Press?

Ms. Ward announced that "one of the Board’s role is to monitor the media . . . to ensure accurate information is being disseminated. Ms. Ward also said she would monitor the "posted pictures of the accident . . . because it will be there for the next 10 to 20 years . . . "

Mr Ward is quoted as saying: "everyone is reading the blogs and newspapers… so we don’t want the information to be misconstrued where people will be affected in terms of liability . . . we need to understand that the blogs are read internationally."

She also noted that "good attitude from the Tourist Board officials" quelled any videos and photographs from being circulated online by the 16 tourists who were involved in the accident.

Ms. Ward concluded her remarks by stating "I am a great believer in letting the story die naturally . . ."

This is the essence of tourist boards and cruise line PR people - they just want the story to go away.

We reported in a prior blog that this is not the first cruise bus excursion to run off the road and injure cruise passengers in Tortola - "Brake Malfunction? Defense Lawyers for Princess Cruises and Bus Driver Disagree on Cause of Tortola Excursion Accident." Nothing was done after that disaster.

History is repeating itself.

Let's Be Happy & Forget about It

So we have the Tortola Tourist Board trying to puzzle the press and control the images of the tragedy for PR purposes.

And the island and cruise line people behind the scenes just want the story to die naturally . . .

And then what?

Another season of substandard buses, with no seat belts, with reckless drivers . . . and another round of unsuspecting cruise passengers taking their families on the next bus driven by a "Crash Dummy" . . .

Comments From Tortola:

Here are some of the comments to the BVI News story that the Tortola Tourist Board is concerned with:

An accident waiting to happen is no accident. Hiring a driver with driving infractions and one of which was reckless driving to operate your tour bus is irresponsible and negligent. The owner of the tour bus too, is guilty of negligence which contributed to this vehicular homicide. Just because these tourists were given a heap of hush money as incentives not to file a lawsuit (we hope) and to keep things quiet, doesn't mean that TB should be issuing insensitive words " It could have been worse" because frankly, it could not have been worse . .

Could have been worse?? Oh it's just one life....I mean come on. You're talking about insurance and all that...I mean if we have people operating and transporting persons and they have no license to drive or no insurance to operate heir vehicles then we have a very serious flaw in the system! Don't give me that could have been worse story. With as much violations this guy should he even be driving much less responsible for transporting this many people? These are peoples lives we're talking about!

License or no license, hiring a driver with a record of driving infractions including reckless driving, whose nickname is Crash Dummy should be good reason to revoke his license to operate a tour bus. Lackadaisical, slackness, don't care with attitude are words to describe the way business is conducted in this place from top to bottom.

Credits:

Photograph of Ms. Ward BVI News

Photographs of bus BVI Platinum News

Readers Provide Information on Overboard Cruise Ship Passengers

Wed, 10 Mar 2010 03:07:49 GMT

In the last two weeks, there have been two overboard passengers from U.S.-based cruise ships - Costa's Serena and Holland America Line's Rotterdam.

These incidents have been reported - not by the cruise lines or the press - but by Canadian Professor and cruise expert Ross Klein who hosts the informative web site Cruise Junkie. Dr. Klein has been tracking passenger and crew overboards for the past decade.

Like Dr. Klein, we are increasingly being contacted by passengers, crew and other concerned individuals when things go wrong on cruise ships. Here is some updated information we received from our readers:

Passenger Overboard From Costa Serena

In response to our article "Person Overboard from Costa Serena Cruise Ship?," one passenger confirmed that a 34 year old French passenger went missing at midnight on February 26th.

"The ship had to turn around the following day. But the ship and coast guard did not find the man. On that following night the ship was given the go ahead to return to original course. but at that time it was too late to visit the port of Cadiz."

Another passenger informed us:

"Yesterday we returned from the Costa Serena. The Captain had reported to all of us passengers that the missing man was a Frenchman of the surname Pascal, reported missing by his father who was also traveling on the Costa Serena. At the time he went missing the ship was traveling from Tenerife to Cadiz (our itinerary was changed from going to Madeira because of their disaster). Once Mr. Pascal was reported missing, the ship had turned round and for several hours searched in the area where he may have fallen overboard. Then we were told the search and rescue authorities were taking over and as it was too late for us to visit Cadiz, we were taken straight to our following destination, i.e. Malaga. We hope that you will be able to find more regarding the fate of the missing man and let us know."

Passenger Overboard From HAL's Rotterdam

In response to an article " Passenger Reported Overboard From Holland America's Rotterdam Cruise Ship," a United States Naval Aircrewman reported the following:

"I was suprised that this report was not confirmed, and was hoping to help. I was aboard the aircraft referenced that arrived "onstation" to assist in the S.A.R. Operation, a United States Navy P-3C of Patrol and Reconnaissance Squadron (VP)- 26.

We arrived on station after the victim had been in water for about an hour and a half, the delay largly attributed to communication delays, and the relay of the initiated SAR from ship, to shore, to our controller. We initiated a search pattern that proved unsuccesfull. At which point we adjusted our search to the estimated current drift. After several hours we reached our absolute min allowable "off-station" fuel load (required for the transit back to base) and at the last moment we located the SAR victim. Since we were bingo fuel all we could do was give a gps point and get back home. During SAR operations we prefer to maintain "eyes-on" to guide the pick-up vessel in.

I speak for my crew in saying we are greatful to know that at least he was picked up even though we could not affect a rescue. We offer our condolences to the family and relatives, and i hope you know that we did all that we could.

Thanks To Our Readers

Thank you to our readers who have expressed their concern for these passengers and their families and have taken the time to provide information regarding these sad cases.

A special thank you to our brave U.S. Coast Guard and Navy Airmen who put their lives on the line to search for and recover our loved ones at sea.

Credits:

Costa Serena CruiseAir's photostream

HAL's Rotterdam Cajun Bob's photostream

"Cruise Ship Sickness" - Is Norovirus In The Food and Water?

Tue, 09 Mar 2010 13:11:21 GMT

The Centers for Disease Control (CDC) reports numerous outbreaks of norovirus on cruise ships operated by Celebrity Cruises, Cunard, Holland American Lines, and Royal Caribbean.

Every time there is an outbreak, the cruise lines blame the passengers who board the cruise ships. The media picks up in this theme and often reports that the problem is not with the cruise ships but the passengers who board the ships already infected with norovirus. For example, in a recent article in the New York Times Travel Section "Stomach Bug Hits Cruise Ships," respected journalist Michelle Higgins writes " . . . the contaminated ships have since been disinfected . . . but such measures can’t prevent a sick passenger from coming aboard and infecting others." Ms. Higgins suggests that " the best defense is simple: wash your hands."

Unfortunately, the issue is not so simple.

According to the U.S. Food and Drug Administration (FDA), whereas "person to person" transmission of norovirus has been documented, "norwalk gastroenteritis is transmitted by the fecal-oral route via contaminated water and foods."

Contaminated Water Supplies On Cruise Ships?

The FDA indicates that contaminated water is one of the most likely causes of norovirus. The FDA reports that "water is the most common source of outbreaks and may include water from municipal supplies, well, recreational lakes, swimming pools, and water stored aboard cruise ships.

So whereas you always hear reports of extra cleaning of the bathrooms and cabins on infected cruise ships, there is never a mention of whether the potable water is tested and the results of the testing.

Contaminated Food Supplies On Cruise Ships?

In addition to water supplies on cruise ships being a potential source of the virus, food supplies on cruise ships can also sicken the passengers.

The FDA reports that "shellfish and salad ingredients are the foods most often implicated in norwalk outbreaks. Ingestion of raw or insufficiently steamed clams and oysters poses a high risk for infection with Norwalk virus. Foods other than shellfish are contaminated by ill food handlers."

It would be interesting to determine the job positions of the crew members infected with norovirus. For example, the CDC reports that sixty-nine crew members were reported ill on Celebrity's Mercury and Millennium cruise ships during recent cruises. How many of these crewmembers were cooks, waiters or food handlers?

The issue of eating oysters and other shellfish on cruise ships presents a double whammy. Cruise ships dump sewage 12 miles from shore, and the fecal material can contaminate shellfish which filter-feed. Both cruise passengers and people ashore can then be infected by eating contaminated shellfish.

Uncertainty Regarding Cause of Virus and Transmitting Agent

Although the CDC tries to determine the "causative agent" of the outbreak, this means that they are trying to determine the nature of the pathogen (i.e., whether it is norovirus or some other virus). But the CDC does not report whether the virus came from a person boarding the cruise ship or, the more likely scenario if the FDA is correct, from contaminated food and water on the cruise ship.

The issue arises where do the cruise lines obtain their potable water? From U.S. based vendors or from the Caribbean islands? What testing is done at the ports before the water is brought aboard? Where do the food products come from? Is any of the food inspected by the FDA before it is loaded on the cruise ships?

The CDC reports that around 600 passengers became ill on Celebrity's Mercury cruise ship on the last two cruises alone. Are we to believe that all 600 people simply failed to wash their hands? Or is there something in the food and water?

Cruise lines should be required to publicly report the test results of the cruise ship's water samples, so that the U.S. public can determine the true cause of cruise ship illnesses.

If contaminated water is the culprit, all of the external cleaning of cruise ship surfaces is not going to solve the problem.

Additional Information:

Passengers can track the reported outbreaks on the CDC web page which tracks "Outbreak Updates for International Cruise Ships." Not all norovirus outbreaks are required to be reported to the CDC and the CDC website is incomplete.

A good source for additional information is found on "Illness Outbreaks on Cruise ships." We have reported on numerous cases of cruise line illnesses in prior articles.

Cruise Industry Spent $400,000 Last Quarter Lobbying Against Safety & Environmental Regulations

Tue, 09 Mar 2010 01:27:18 GMT

Today Business Week published an article "Cruise Trade Group Spends $400K on 4Q Lobbying" which is re-printed, unedited, as follows:

"Cruise Lines International Association spent almost $400,000 in the fourth quarter to lobby on security and environmental issues along with other matters, according to a recent disclosure report.

The trade group that represents cruise lines such as Royal Caribbean and Carnival also lobbied the federal government on legislation related to seaport inspections, customs matters, sanitation and health laws, quarantine procedures, international health requirements and crime reporting.

In the October-through-December period, the trade group, based in Ft. Lauderdale, Fla., lobbied both chambers of Congress, along with the Department of Homeland Security, the State Department, Customs and Border Patrol, the U.S. Coast Guard, the Department of Justice, the Department of Transportation, the U.S. Department of Agriculture, the Food and Drug Administration, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Federal Bureau of Investigation, the National Transportation Safety Board, the Transportation Security Agency and the Environmental Protection Agency, according to a disclosure report filed in January with the House clerk's office."

The Cruise Line International Association (CLIA) is the organization which promotes the interests of the cruise industry and lobbies Congress and Federal agencies to avoid as much Federal regulation as possible.

The $400,000 from CLIA is in addition to the millions of dollars spent in lobbying by the individual cruise lines. For example cruise expert Dr. Ross Klein reports that Royal Caribbean alone spent over $3,000,000 for lobbyists for the last three years.

CLIA has a strange group of bedfellows. The maritime lawyers here at Cruise Law have attended five Congressional hearings where CLIA fought against safety laws and resisted reporting cruise crimes to the Federal Bureau of Investigations (FBI) and U.S. Coast Guard. Here are some of the CLIA people, lobbyists and PR spokespersons:

CLIA's Vice President of Communications is Eric Ruff (photograph above, far left with glasses) who was Secretary of Defense Donald Rumsfeld's spokesperson who helped sell the U.S. on the war against Iraq. He is now responsible for CLIA's "public policy." Mr. Ruff is using his experience gained at the Department of Defense to fight the war against cruise crime regulations and environmental restrictions which may require the cruise industry to spend some of its tax free money to protect passengers and public waters.

CLIA's President is Terry Dale (photograph left) who had the unenviable job of appearing before Congress and testifying against cruise line rape victims. His half-hearted and ultimately losing argument, that cruising is safe and there is no need to report crimes, failed to convince Congress and further tarnished the cruise line's already battered and dubious public image.

Another Vice President is Michael Crye (photograph below right). As down to earth as a Brooks-Brothers-suit-with-extra-starch, Mr. Crye's title involves "technical and regulatory affairs," but he routinely shows up at Congressional cruise crime hearings to belittle crime victims. He is most infamous for accusing missing Royal Caribbean passenger George Smith of being responsible for his own "disappearance" during his 2005 honeymoon cruise.

There is a lot at stake for the cruise industry. The CLIA cruise lines, like Carnival, Norwegian and Royal Caribbean, collect around $35,000,000,000 (billion) a year from mostly U.S. tax-paying citizens yet the cruise lines pay no U.S. taxes. Because of Congressional loopholes, U.S. based cruise companies - which register their businesses and flag their cruise ships in foreign countries - can avoid all U.S. taxes and safety and labor laws.

In contrast to the cruise industry's multi-million dollar lobbying machine full of Washington insiders - Americans across the U.S. volunteering for the non-profit, grass roots organization International Cruise Victims (ICV) have traveled to Washington D.C. to keep the cruise industry accountable for crimes on cruise ships. To see what an unfunded but dedicated group of victims can accomplish, consider reading:

Congress Passes Cruise Crime Law

Congressional All Stars Pass Cruise Crime Law By Vote of 416 to 4

Ken Carver Fights for Cruise Ship Safety

The photograph (left) shows Ron and Sue DiPiero of Ohio, who lost their son Daniel on a Royal Caribbean cruise ship, outside their Congressman's office in Washington D.C.

The DiPieros are fighting for a reform of the Death on the High Seas Act (DOHSA) which provides no recovery for the emotional injuries sustained by grieving families who have lost a loved one on a cruise ship in international waters.

The cruise industry has spent millions of dollars to make certain that families like the DiPieros are deprived of their rights:

The Death on the High Seas Act - Screwing American Passengers for 89 Years

Cruise Industry Tries to Kill Amendment to Death on the High Seas Act

For additional information regarding cruise industry lobbying, please read:

Lobbying Congress - Dirty Waters: The Politics of Ocean Pollution.

Credits:

Eric Ruff AP via politico.com

Terry Dale cruiselaw's Flickr photostream

Michael Crye seatrade-global.com

Celebrity Cruises' Mercury Returns to Port with 182 Sick Passengers - Sailing Postponed

Mon, 08 Mar 2010 22:03:27 GMT

The Centers for Disease Control (CDC) reports that Celebrity Cruises' Mercury cruise ship has returned to Charleston, South Carolina with 182 ill passengers.

According to its web page "Investigation Update on the Mercury," t'he CDC reports 182 of 1749 passengers (10.41%) are ill with diarrhea and vomiting, and 14 of the 850 crew (1.65%) are sick.

With the sick passengers disembarking, another 1,800 passengers are boarding. (I wonder whether the cruise ine discloses to the new passengers which cabins had sick passengers in them?)

The Mercury has experienced more than its fair share of problems in the last month. There was a report of carbon monoxide poisoning on February 13th when the cruise ship returned to Baltimore. After the ship re-positioned to Charleston, its inaugural cruise from that port resulted in over 400 passengers coming down with the dreaded norovirus.

The ship was delayed a day until February 26th for what the cruise line calls "enhanced cleaning," and we questioned "Will the Celebrity Mercury Infect Another Round of Passengers?"

Now close to 200 people another passengers and crew have fallen ill.

The most troubling information is that the CDC reports that the "causative factor" (i.e., whats causing the sickness) is "unknown."

Norovirus can be caused by sick passengers coming aboard, or sick crewmembers greeting the passengers or, more concerning, infected food and/or water supplies. The cruise supporters always blame the passengers for not washing their hands - which may be the case. But the issue whether there is a problem with the cruise ship cannot be excluded. Many people refer to norovirus as the "cruise ship sickness."

If the potable water or food have norovirus particles, all of the external cleaning in the world is not going to make a difference. It only takes a few fecal particles in the food, drinking water or shower.

USA Today reports that the Mercury's departure today is delayed for another round of "enhanced cleaning."

But without determining the "causative factor" and determining whether the passengers, the crewmembers, or the food and water supplies are spreading the virus - it seems like the cruise line is shooting into the dark.

Stay tuned.

Health Tips: @OrlandoChris has some helpful precautions to help prevent the spread of the infection.

Credits:

Cruise desserts nbnpress.com

Huge Waves Hit Cruise Ship (VIDEO): Cruise Travelers Discuss Deadly Waves

Mon, 08 Mar 2010 14:50:36 GMT

BARCELONA, Spain — The Mediterranean was heaving as the 68-year-old Italian stood in the cruise ship lounge. A moment later a monstrous wave shattered the windows and sent shards into her head, leaving her bleeding on the floor and calling...

Torrents of water gushed into the Louis Majesty, pouring through several floors of the ship.

"I thought I would end up in the sea, drowned," said Anna Lita, who had a black eye and bandages on her head and hand Thursday.

The three waves that struck the Cypriot-owned ship Wednesday claimed two lives off the coast of northeast Spain. The vessel was carrying 1,350 passengers and 580 crew members, from a total of 27 countries.

Lita's husband Carlo, 69, who had been beside her on a sofa, was thrown in the air and ended up with five stitches in the head and a leg injury.

Raw Amateur Video Of The Wave Hitting The Ship

Another Italian, Giovanni Zanoni, said that after the waves blew out the windows of the lounge, the ceiling caved in and pandemonium broke out.

"People were screaming, panicking. They were grabbing life vests," Zanoni said. He said he saw one huge shard of glass hit a man in the face, killing him. It took a while to find the body because he was under the wreckage of the ceiling, Zanoni said.

The ship's owner and operator, Louis Cruise Lines, said the vessel was struck Wednesday by three "abnormally high" waves more than 33 feet (10 meters) high that broke glass windshields in the forward section on deck five, which is one of 10 used by passengers. Two people died and 14 were slightly hurt, the company said.

Large waves are not rare in the Mediterranean, but ones that size occur only once or twice a year, said Marta de Alfonso, an oceanographer with the Spanish government.

This accident happened in an area of the Mediterranean called the Gulf of Leon, which is known for big waves when storms hit.

The ship was on a 12-day cruise from the ports of Genoa and Marseilles in the western Mediterranean, calling at Tangiers, Casablanca, Tenerife, Lanzarote, Cadiz, Cartagena, Barcelona and had been due to return to Genoa on Thursday.

Passengers said the weather was terrible as they left Cartagena in eastern Spain Wednesday, and the captain announced he was skipping a planned stop in Barcelona and heading straight for Italy.

"I remember when the wave hit," Lita said. "It broke all the windows and I was rolling and rolling and did not stop calling out for my husband."

Amateur video footage taken by a passenger and aired on Spanish television showed a huge, foamy wave hitting what appeared to be the lounge area, sending water gushing in and people scurrying for safety.

"Suddenly we saw a wave that went up above our level, and I said to my husband, 'tonight we will not have to wash the windows,'" said Claudine Armand of France, who was in her cabin at that point. "Right then we heard we heard a loud noise, and it was the wave that hit us."

"When we came out of the room we saw the wave had flooded everything," she told Associated Press Television News.

Pierre Languillon, also of France, said damage was extensive and he saw many people with superficial injuries.

"They called for doctors, as many doctors as there were. Luckily nothing happened to us, but I think we averted a catastrophe."

Louis Cruise Lines spokesman Michael Maratheftis said 14 passengers who suffered only minor injuries were taken to hospital as a precaution.

Arrangements have been made to fly all passengers home Thursday and the ship will carry on with its normal schedule later this month after repairs are completed, he told the AP from Cyprus. By the end of the day most will have left the ship.

Maratheftis said the two dead passengers – a German and an Italian – suffered fatal injuries from the glass shards and ripped-out window frames and furniture.

"It was three waves, one after the other. The damage was done by the second and the third waves. We are talking about waves that exceeded 10 meters in height. This was unforeseen and unpredicted because the weather was not really that bad," Maratheftis said.

De Alfonso said there was in fact a big storm in the area at the time and the waves might have been stirred up by fierce winds. Waves often come in threes, she said.

Another passenger, Jean Claude Fery, of Marseille, said he was in his cabin looking out the porthole at tremendously turbulent seas. "I have never seen waves so big. It was unbelievable."

A Louis Cruise Lines statement said the waves smashed windows in a public area on deck 5 on the forward part of the vessel.

Louis Cruise Lines' Web site says the ship is 680 feet (207 meters) long, and features 10 passenger decks and 732 staterooms along with various bars, pools, restaurants and shops.

Better Safe Than Sorry - Spring Break Safety Tips

Mon, 08 Mar 2010 14:28:23 GMT

From time to time, Cruise Law News has a guest blogger. Caitlin Burke is a recent graduate from the University of Florida. She majored in Recreation, Parks and Sport Management. Ms. Burke wrote a senior honor's thesis entitled a "Qualitative Study of Victimization and Legal Issues Relevant to Cruise Ships." She is working as a case manager for Walker & O'Neill as she prepares for law school.

Caitlin discusses her experiences in a cruise port of call two years ago, and offers 5 safety tips for students:

In March of 2008 I took a cruise over Spring Break with one of my friends from the University of Florida. It was technically my "last spring break” so naturally I wanted to make the most of it. I decided to take a 9 day cruise.

I boarded the Norwegian Pearl and set sail around 5 p.m., pina colada in hand.

The first night was like everyone else’s first night of spring break - a mess. Lots of alcohol, lots of socializing, lots of exploring, lots of alcohol, lots of alcohol . . . lots of alcohol. (Don’t judge me). It was indeed a great first night of spring break. Needless to say the next morning my friend and I were feeling slightly under the weather. (I blame the stress and exhaustion of school and midterms, some will argue it was the massive amount of tequila consumed the prior night).

We awoke slightly groggy but ready to disembark and explore our first port of call in the Dominican Republic. We boarded the small tenders, becoming evermore nauseous as we bounced up and down with every wave. I bounded off the boat praying I wouldn’t lose the greasy breakfast I had just consumed at the cruise ship breakfast buffet.

Finally on firm land, we looked for a taxi/excursion/attraction to begin our exploration. At first look, Semana seemed like a tourist hot spot - there was a strip of brightly colored shops and restaurants. Some of our friends took taxis for informal "tours." But we walked down the road, window shopping and trying to find something that was more “local” (i.e., less touristy). As soon as we made it to the end of the strip, we made a right hand turn, which we almost immediately began to regret.

All of a sudden buses, cargo vans, motorcycles, vespas, bicycles all began to fly past us honking, yelling, screaming, hollering, and whistling at us as my friend and I looked at each other in disbelief.

We continued to walk down the road but felt increasingly uncomfortable. The local men were intensely staring at us, whistling, and making inappropriate comments. We looked at each other, fear in our eyes, turned around, and bolted back to the tourist strip. Still nauseated from the tugboat ride over, we decided to eat some lunch and let our stomachs settle before returning back to the cruise ship.

We sat at a restaurant that was as close to the cruise ship as possible (also flooded with other passengers from our ship) and ate a burger for three and a half hours. We were disappointed about not being able to see the island but happy to have made it back unharmed from the 20 feet we ventured off.

After working at a law office that handles only cruise ship related incidents - like shore excursion and port-of-call assaults - I’m thankful that I trusted my gut and did not venture out to see the island. We were able to see other ports and island destinations in depth as the trip continued, but we regretted even getting off the ship in Semana. I recommend anyone traveling to foreign ports to be cautious, trust your gut, and don’t venture off if you’re even the least bit skeptical of your surroundings.

Like your mom always tells you, better safe than sorry.

Caitlin's 5 Safety Tips for Spring Break:

1. Don't drink too much. Have a designated sober person who can look out for the group.

2. Travel in groups. Never let anyone wonder off alone. Even if they say "I'll be right back," go with them.

3. Always watch your drinks being opened, being prepared, and being poured. Date rape drugs are common and easily accessible on cruise ships and in foreign ports. Do not trust the bartenders or waiters preparing your drinks.

4. Never leave your drink unattended (as college students we tend to our drinks pretty well, so this is probably the easiest rule to abide by).

5. Use your common sense and don't let your guard down. Crimes occur on cruise ships and in the ports of call.

Did Princess Cruises Check the Driving Record of Excursion Bus Driver, Crash Dummy?

Sun, 07 Mar 2010 16:12:57 GMT

A story in the BVI Platinum's newspaper indicates that the cruise excursion bus driver Roland Allen, nick-named "Crash Dummy," had been convicted of driving offenses - including reckless driving - before the ill-fated Princess Cruises excursion bus crash.

We suspected this, as we raised this issue in a prior article "How Did Princess Cruises Excursion Bus Driver "Crash Dummy" Earn His Nick Name? - Why Does He Have A Police Record?"

Compelling Record of Bad Driving?

In an article " Allen's License Suspended, Independent Mechanic to Examine Bus," the newspaper reveals an exchange between the bus driver's lawyer and the criminal Magistrate presiding over the matter. The lawyer for Mr. Allen pleaded the Magistrate not to suspend Mr. Allen's license. In response, the Magistrate:

". . . lamented that the court was given a conviction sheet of Allen and most of the offences are road traffic offences with one being reckless driving. 'The allegations are compelling' she stated."

The newspaper also reports on a curious plea by Mr. Allen's lawyer who "told the court that tour operator is his only means of income and suspending it will deprive Allen of his livelihood." This argument ignored the fact that the cruise line had already suspended the tour in question, the "Tropical Forest Hike and Beach" excursion, as previously reported in USA Today. The Princess Cruises' website states: Tropical Forest Hike & Beach***Cancelled***

The Magistrate ruled that given Mr. Allen's previous convictions, "it is not wise to allow him to return behind the wheels."

Was It Wise to Permit "Crash Dummy" Behind the Wheel In The First Place?

Cruise lines have certain legal duties to their passengers. The cruise line must conduct an investigation into the safety procedures of the tour company and audit the tour's safety record. This includes not only inspecting the excursion company's buses but inspecting the driving records of the tour company's drivers. Cruise lines also have a duty to warn passengers of dangers which are known, or should be known, to the cruise line.

Princess Cruises advertises the excursion bus going to the "highest peak in the Virgin Islands."

Why did the cruise line permit a driver - known in the community of Tortola as "Crash Dummy" and reportedly convicted of reckless driving - take cruise passengers through this steep mountainous terrain? Why didn't the cruise line warn its passengers of these dangers before charging them $59 a piece for the excursion?

Credits:

Tropical Forest Hike and Beach Princess Cruises

Cruise Ship Accident and Injury Lawyer

Sun, 07 Mar 2010 10:52:33 GMT

When cruise passengers are injured during cruises and require legal representation, the chances are that they will require a lawyer in South Florida. Most cruise lines are based in either Miami or Fort Lauderdale. These cruise lines include "forum selection" clauses in the passenger tickets which require that the passenger's lawsuit must be filed in Florida.

So if the accident occurs on a cruise ship operated by Carnival, Celebrity, Norwegian, Oceania, Regent Seven Seas, Royal Caribbean, or Silversea cruise line, the passenger will have to find a lawyer here in Miami or Fort Lauderdale. This is true regardless of where the passengers live, where they boarded the cruise ship, where the cruise ship is going, or where the accident occurs.

Many passengers searching for a lawyer on Google or Yahoo run across listings for a "cruise ship accident lawyer" or "cruise ship injury attorney." There are many lawyers who list themselves as "cruise ship lawyers" but they actually have no education, training, or experience handling maritime cases in general or cruise line cases in particular.

Our firm handles cases only against cruise lines. We know how the cruise lines defend cases involving injured passengers and crewmembers. When considering hiring a lawyer to represent you or your family, ask the lawyer some basic questions (our answers follow):

Did you obtain an education in maritime law? Yes. I studied maritime law courses starting in 1980 from the best law school in the U.S. with a maritime law curriculum. Tulane Law School - Admiralty and Maritime Law

Are you a member of any maritime law societies? Yes. I am a member of the Maritime Law Association of the United States (since 1984), the Admiralty Law Section of the American Association for Justice, Florida Admiralty Trial Lawyers Association, and Southeast Admiralty Law Institute.

Have you lectured maritime law students? Yes. Last week I was invited to speak before the Maritime Law Society of Stetson Law School, the oldest law school in Florida. Cruise Law Visits Stetson College of Law to Discuss Crime on Cruise Ships

Have you handled cases against cruise lines before, and how many? Yes. Over 500, in the last 10 years alone. We routinely handle cases against Carnival, Celebrity, Costa, Disney (Magical Cruise Company), Holland American Line, Norwegian, Princess, Royal Caribbean, Regent Seven Seas, and Silversea.

Have you or your clients appeared before U.S. Congress regarding issues of cruise ship safety? Yes. We have attended five Congressional hearings in Washington D.C. with six clients regarding issues of cruise line safety issues.

Do you handle only maritime cases? Yes. We handle only maritime cases involving accidents and injuries on cruise ships. We have handled high profile cases involving cruise ship fires, collisions, and sinkings.

The cases typically involve a cruise passenger slipping and breaking an ankle, knee, or hip on the cruise ship, an injury during a shore excursion, a passenger who is sexually assaulted during the cruise, or a crewmember who is injured during work. Most cases where passengers and crewmembers are injured also involve issues of delayed or inappropriate medical treatment.

Have you or your clients been featured in newspapers, documentaries, or on television news programs? Yes. Over 100 newspaper articles, law journals, and television programs have featured our firm and/or our cruise passenger clients.

ABC, CBS, MSNBC, CNN, FOXNews, DATELINE, 48 HOURS, Larry King Live, A & E Investigative Reports, Hannity & Colmes, Greta Van Sustern, Nancy Grace, Inside Edition, Julie Banderas, Big Story Weekend, CourtTV, Catherine Crier, Montel Williams, Joe Scarborough, Rita Cosby, Mike & Juliet, Geraldo Rivera, Nancy Bloom, Dan Abrams, UK’s BBC-Radio 4, Heartland w/John Kasich, E! Entertainment, TruTV, Canada’s CATV-5, Good Morning America, TIME Magazine, National Law Journal, RADAR Magazine, Lawyer’s Weekly USA, Miami Herald, American Law Media, Tradewinds, Fort Lauderdale’s Sun-Sentinel, Miami Business Review, LA Times, NY Times, Salt Lake Tribune, Florida Today, Daytona Beach Journal, Sacramento Bee, Washington Post, Greenwich Times, Greenwich Citizen, Greenwich Post, San Francisco Chronicle, St. Petersburg Times, Miami’s New Times, London’s Guardian, Edmonton Post, Chicago Sun-Times, Bahamas Journal, CruiseCritic, and the Associated Press have all covered our cruise line cases and our client's causes.

Who are your clients? Cruise passengers and crewmembers. Most of our passenger clients are former cruise fanatics. After being involved in an accident, they become are displeased with the manner they are treated by the cruise staff and are often ignored once they return home from the cruise. Most cases are not high profile cases, but simply involve an accident and questionable medical treatment on the cruise ship or in the port of call.

Our cruise passenger clients come literally from all fifty states in the U.S. Our crew clients contact us from around the world.

Tulane Law School - Admiralty and Maritime Law

Sat, 06 Mar 2010 15:14:44 GMT

A lot of people ask me how I became involved practicing maritime law.

Thirty years ago, I started law school at Tulane School of Law in New Orleans, Louisiana. I may be biased, but Tulane has the best law school in the United States involving maritime studies. Tulane has a renowned "Admiralty and Maritime Law" program which is part of the Tulane Maritime Law Center.

Tulane is where I took my introductory maritime courses (Admiralty I and Admiralty II), maritime jurisdiction, maritime personal injury and death, maritime insurance and "offshore operations" - a particularly excellent course addressing personal injury and death cases in the oil and gas industry in the Gulf of Mexico.

Tulane is the home of the Tulane Maritime Law Journal (previously called has the Maritime Lawyer) which is described in Wikipedia as the "preeminent student-edited law journal in the field of Admiralty and Maritime Law."

The professors teaching the maritime law courses were excellent. A professor named Thomas Schoenbaum taught the introductory maritime course. He went on to write the famous maritime law hornbook - "Admiralty and Maritime Law." A number of the maritime personal injury courses were taught by maritime lawyers, including the Honorable Eldon Fallon who was a well known personal injury lawyer and then became a highly respected Federal Court Judge in New Orleans.

Tulane also sponsors the Admiralty Law Institute every other year, which is always a good excuse to make a trip back to New Orleans.

You can follow Tulane' maritime program on Twitter @TulaneMaritime

Dramatic Video and Photograph of Killer Wave Striking Louis Majesty Cruise Ship

Sat, 06 Mar 2010 11:12:35 GMT

A number of photographs and videos have been posted on the internet showing the large wave which hit the Louis Majesty cruise ship. One of the most dramatic photographs (below) shows what CBS News calls a "killer wave" about to hit the bow of the cruise ship.

We reported on this story in prior articles: Monster Waves Hit Louis Majesty Cruise Ship and President of International Cruise Victims Questions Cruise Passenger Safety - Louis Cruise Lines No Stranger to Disaster .

The wave and wind conditions at the time of the incident should have clearly alerted the officers on duty to warn the passengers to secure themselves in their cabins. The Master should have instructed the passengers to keep away from the public windows, particularly at the vessel's bow. The cruise ship was heading directly into the waves and those passengers killed and injured were particularly vulnerable in the public areas at the bow.

All cruise ships have what are called "safety management systems" (SMS) or "safety and quality" (SQM) protocols which address how the vessel should be operated in rough weather and the type of precautions which should be considered to protect the passengers. It will be interesting to see what type of safety procedures the cruise ship had, and whether the vessel's officers ignored them.

CBS News has a video (below) depicting the wave striking the ship's bow (the ship in the video is the "Norwegian Majesty") and describing the panic aboard the cruise ship:

Credits:

Photograph BarcelonaReporter.com

Video CBS News

Recent Articles in Admiralty & Maritime Law from LexMonitor

A Beautiful Day In Miami - Cruise Ship Capital of the World

SCOTUS Review Sought for Maritime Attachment Case

More Trouble for Princess Cruises Excursion Bus Driver

Would You Ever Cruise? - The Inevitable Question

Ten Years of Cruise Ship Fires - Has the Cruise Industry Learned Anything?

Driver of boat gives his account

Trial called in Lake George tour boat tragedy

Crime or tragic accident? --Trial opens in boating fatality

Cruise Line Fat Cat Billionaires

Tortola Tourist Board - Let Cruise Excursion Bus Story "Die Naturally"

Readers Provide Information on Overboard Cruise Ship Passengers

"Cruise Ship Sickness" - Is Norovirus In The Food and Water?

Cruise Industry Spent $400,000 Last Quarter Lobbying Against Safety & Environmental Regulations

Celebrity Cruises' Mercury Returns to Port with 182 Sick Passengers - Sailing Postponed

Huge Waves Hit Cruise Ship (VIDEO): Cruise Travelers Discuss Deadly Waves

Better Safe Than Sorry - Spring Break Safety Tips

Did Princess Cruises Check the Driving Record of Excursion Bus Driver, Crash Dummy?

Cruise Ship Accident and Injury Lawyer

Tulane Law School - Admiralty and Maritime Law

Dramatic Video and Photograph of Killer Wave Striking Louis Majesty Cruise Ship