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Year: 2022

How to Survive Falling from Cruise Ship in Open Ocean

 

Falling from cruise ships may not be a scenario that plays in your head often. The chances you’re on a cruise ship may not be high, let alone falling overboard.

However, what if you did fall overboard? This happened to James Michael Grimes, who survived almost 20 hours in the open sea after falling overboard the night before Thanksgiving.

James was aboard the Carnival Valor cruise ship, and although he claims he doesn’t have any memory of falling, he did leave us with some tips on how a person falling overboard can still survive.

The following page will outline how a person who falls overboard a ship can survive, as well as evaluate whether the Carnival Valor cruise ship did have any liability in this case or not.

What Happened to James Michael Grimes? An Overview

James Grimes (28, male), fell from a cruise ship when he was returning home to his family in Cozumel Mexico. He spent nearly 20 hours in the Gulf of Mexico before he was rescued.

Grimes claimed that thinking about his daughter, Annabeth, was something that got him through his darkest moments during the time he spent treading water.

At about 8:25 PM on Thanksgiving Day, crew members aboard the “Crinis” bulk carrier vessel alerted the US Coast Guard of James’s location.

A few moments later, the US Coast Guard lifted James from the water and into a helicopter that transported him to the Lakefront Airport in New Orleans.

Thankfully, James is currently stable and seeking help through a GoFundMe campaign to pay for all the medical bills, as he didn’t have insurance.

How to Survive Falling from Most Cruise Ships or Cargo Ships

Factors That Can Help You Survive If You Fall Off a Cruise

James’s story is certainly admirable, but there were many factors that aided his survival. According to Lt. Seth Gross, a US Coast Guard who works with search and rescue missions on the Louisiana Gulf Coast, there were many things that had to work out perfectly for James to survive the fall overboard.

Some of these factors involved:

  • Surviving the fall
  • Keeping himself afloat
  • The fact that no sharks located him
  • The fact that the Coast Guard acted swiftly.

On the other hand, the Search and Rescue Optimal Planning System outlined some factors that can affect whether someone who falls overboard survives or not.

Those factors include:

  • The person’s weight and body fat percentage
  • The person’s clothing
  • Access to any floating object
  • Weather and ocean patterns.

According to the Cruise Lines International Association, there were about 212 incidents on cruise ships between 2009 and 2019. Unfortunately, only 48 out of the 212 people involved in these incidents were saved.

What Can You Do?

Although falling from a cruise ship is unlikely, some particular scenarios could cause you to experience this type of incident.

Ideally, anyone who falls from a cruise ship could get a life ring thrown at them to survive, but what if no one saw you fall?

Thankfully, Cat Bigney, a survival expert who consulted for Nat Geo and Bear Grylls, has given people a few “Practical Things” they can do to increase their chances of surviving in the open ocean.

One – Stop Panicking

If you fall off a cruise and manage to survive the fall damage, you must do your best to avoid panicking.

It’s completely normal to panic about your time spent treading water, especially if you’re in a situation similar to James’s where the cruise ship isn’t in sight, and you’re all alone on the open sea.

The most common reaction to falling into the open ocean is gasping for air (which happens due to a cold shock response). However, this motion could make you get water into your lungs, which will decrease your chances of survival.

According to Cat Bigney, panicking is the biggest factor that contributes to a man overboard dying.

Two – Finding a Floating Object

Regardless of where you fell, you must do your best to stay above the surface. While some people have it easier to float for longer, it’s almost impossible to thread water for hours; you will get tired.

Some factors that will determine how long you will float include your body composition, muscle mass, and body fat percentage.

Even if you changed between floating, swimming, and treading, your body would eventually get tired, so what can you do?

First, try to find anything that floats. Grimes, in this case, tried chewing on bamboo, which is known for being buoyant.

If you didn’t find anything to float on, taking off your clothes could make you more buoyant. Still, finding something to get into will be better at making you safer from a predator or an “unidentified finned creature.”

Three – Making a Signal for the Coast Guard

Falling from a cruise ship away from shore may cause you problems, as you will have to wait until a Coast Guard helicopter or other ships see you. Even then, it’s hard to know how much time you will have to wait.

Due to the fact that there’s a lot of garbage floating in the sea, you can take some of that to make a signal. Once someone makes a report for a “Man Overboard,” a Coast Guard crew member estimates where the object making the signal may be coming from.

About the Lack of Food

A common concern in an overboard situation is food. You don’t know how long you can go on before you’re eventually rescued. Keep in mind that food will not be your primary concern in an overboard situation, as the human body is designed to endure some time without eating. The body can take calories from the fat and liver to regulate its temperature for a while.

However, falling in certain bodies of water may affect you. In James’s case, for example, he fell into a 70-degree water body, which was much colder than the average person’s baseline core temperature. In these life-or-death situations, your goal should be to keep moving to avoid dying from hypothermia or getting caught by potentially hungry predators, as you will likely be fine without food for some time.

Water temperature and rough water is the biggest immediate threat, especially when trying to stay afloat as the ship returns in the vast majority of cases. Don’t forget the water can be significantly colder in a man overboard situation in the great oceans off European waters than off the coast of Mexico, for example. This makes staying afloat hard, even in calm conditions.

It’s not recommended to drink salt water. Instead, you would create shelter from the sun to help you keep any water you already had in your system.

Where’s the Liability in This Case?

Are cruise ships liable for a man overboard? Technically, they could. Generally speaking, any person who fell on a cruise ship could sue the cruise line, but the process can be a bit more complicated for a man overboard.

Proving that overboard incidents were the cruise ship’s fault can be complicated, but if you work with an experienced lawyer, you may have higher chances of getting compensation.

A cruise ship can be liable for your damages if the incident happened for any of the following reasons:

  • Defective Handrails: According to the Cruise Safety Act, every cruise ship traveling from and to the US must have 42-inch-tall handrails to prevent accidents.
  • Violence: If someone falls from a cruise ship due to a crew member’s aggressive behavior, the victim can sue the cruise line. On the other hand, if the aggressive behavior came from someone unrelated to the ship, it can still be held liable if it anticipated the event and didn’t take any measures to stop it.
  • Lack of Rough Sea Warning: Every cruise ship must notify passengers when it’s entering rough waters. If someone falls overboard due to the ship not informing them of rough waters, they could sue.
  • Intoxication: A person can sue a cruise ship if the crew members serve them too much alcohol, getting them intoxicated, and therefore, more likely to fall.
  • Poor Search and Rescue Efforts: Every cruise ship is obligated to notify and perform search and rescue operations once a person falls. If the members of the crew don’t report the missing passenger or fall incident, the victim can sue.

What Damages Could You Sue for?

If the cruise line is found to be liable for a person’s fall, it may become accountable for:

  • Medical Bills
  • Future Medical Treatment or Surgery
  • Pain and Suffering
  • Lost Wages
  • Missed Work
  • Loss of Future Earning Capacity
  • Loss of Enjoyment of Life
  • Disability or Death.

In the case of James, he had to set up a GoFundMe campaign to cover the medical bills from the fall, which could have added up to the emotional distress within his family.

To avoid these problems, it’s important to hire an experienced lawyer who can evaluate the case and determine if you’re eligible for compensation.

Surviving a fall from a cruise ship is already stressful enough, and even if you managed to survive without complicated physical wounds, you may still have to go under psychological treatment to deal with the trauma.

Even though falling from a cruise ship is traumatizing, the victim must talk to an attorney as fast as possible to build a case. The sooner the victim starts to gather evidence and counseling, the better.

Bottom Line – Contact Ehline Law for Legal Assessments

Overboard incidents are ones that should only stay in movies or TV shows. Even if luck is in your favor, and you stay afloat until someone saves you, you will still have to deal with hefty medical bills and long psychological treatment to deal with what just happened.

Going through these circumstances alone can be stressful, which is why we recommend hiring a lawyer to seek legal counsel.

If you or a loved one was involved in an incident surrounding a cruise ship, don’t hesitate to seek help from the legal team at Ehline Law.

We’ll be able to take a look at your case and determine how much compensation you’re owed.

Boating Tip-over Off Catalina Coast

 

California is not only known for its hilly landscape but also its pristine beaches. Tourists flock to beaches like Malibu, Santa Monica, Laguna, and others to enjoy their vacation.

Picture of Avalon Harbor

Want the latest news on the Avalon Drownings?

We Report here. Still, the locals know about one of the most beautiful islands, California’s hidden gem in plain sight, Santa Catalina Island. To get to the island, you must catch an hour-long ferry ride from either Long Beach, San Pedro, Dana Point, or Newport Beach. Although you may feel excited about your trip to Catalina Island, it is essential to note that boating accidents are on the rise, and you must take the necessary steps to ensure your protection.

At Ehline Law, our personal injury attorneys provide legal representation to downtrodden victims, including boating accident victims. If you suffered injuries in a boating accident, contact us to learn your legal rights.

Santa Catalina Island: A Hidden Gem in California

Considered to be California’s best-unkept secret, Santa Catalina Island is a fantastic place to visit for travelers, day-trippers, cruise-liners, and vacationers. Tourism provides a way of life for the 4,000 residents permanently living on the island, according to the U.S. Coast guard and the latest census.

The Catalina coast offers pristine white beaches, crystal clear water, and many water activities, such as boating, fishing, and more. Fresh seafood and locally brewed beer are what keep the locals visiting.

Once on the island, you can rent bikes, golf carts, and even shuttle boats to travel from one end to the other. It is truly a South Pacific paradise.

Like any trip to an island, you can encounter bad weather, boat defects, and other problems that lead to a boat accident or any other type of accident resulting in injuries. Catalina Island has had its fair share of boating and other accidents that resulted in injuries to the visitors and even death, according to the Los Angeles County Fire Department.

U.S. Coast Guard Lends a Hand?

The first-ever accident recorded on the island was in 1875 when John Patrick O’Connell drowned on the island. Back then there was no way to conduct a coordinated rescue operation. Since then, many accidents have been recorded, including fires, drowning ships, assaults, and more. The island recorded its first-ever murder in 1902. After that, and onwards, multiple agencies have had jurisdiction, according to the authorities who manage policing aboard the Island along with the U.S. Coast Guard.

Recent Boating Accidents Near Catalina Island

24-year-old Man Gone Missing on the way to Catalina Island

On June 10, 2021, the family of Keion Dade, an aspiring 24-year-old man, reported him missing, sparking a search led by the US Coast Guard.

At 6 pm on a Thursday, a couple of crew members saw Keion Dade go overboard on the Catalina Express vessel, a ferry service operating scheduled trips between Santa Catalina Island and California.

On its way to Catalina Island, the ferry was three miles away from Long Beach when some crew members saw Keion Dade in the waters, shouting for help. They tried to help by throwing him a life ring, but the boat went too fast. Soon, the ferry came to a halt to go back and rescue Keion Dade, but it was too late.

When the boat returned to the spot where the crew members had last spotted Dade, no one was there. The waters were silent and dark, with no one in sight for miles. The captain of the Catalina Express called the US Coast Guard to report a missing person.

The news immediately resulted in a full-blown search by the US Coast Guard, the Sheriff’s department, and other law enforcement agencies, including helicopters and boats. By Friday morning, the US Coast Guard reported that the search and rescue team that included the Los Angeles County lifeguards had covered more than 120 nautical square miles, but there were no signs of Keion Dade.

Watery Grave Below

The grieving family stated that the captain misinformed the US Coast Guard about the depth of the waters, which is why the Coast Guard had to forego sending a diver’s team to carry out a search. Unfortunately, after scouting the waters for an hour and a total of 600 square miles on Friday at 8.50 pm, the search ended.

Many are referring to the incident as a suicide; however, the victim’s grandmother stated that Keion Dade was just a sweet person and calling out for help, which rules out suicide concerns.

Since the search officially ended, the family started a GoFund campaign to raise money for a private search where they would utilize the funds to pay for underwater drones, dive teams, and boat rentals. The family has raised just a little over $25,000 in donations.

Boat Capsized: Three Dead

On June 25, 2016, just off Catalina Island, a small boat holding seven passengers capsized due to rough waves reaching four to six feet in height, resulting in three dead and four injured.

A good samaritan stopped his chartered vessel as it saw people in the water screaming for help. He helped the two survivors by pulling them out of the water onto his boat. In the meantime, the US Coast Guard sent immediate help after receiving the news.

The US Coast Guard helicopter detected one survivor on the rocks in the water and retrieved him safely. According to a Catalina Island Conservancy officer, the fourth survivor was found on the beach and later hospitalized, pending further comment at Avalon. The Long Beach fire department stated that two of the four survivors were in critical condition and were immediately rushed to a hospital. Unfortunately, three boaters were not found and were later reported dead. Reports from investigating personnel and seasoned deckhands suggest that the incident occurred at the back of the island, just off Salta Verde Point.

Following the three deaths, the Los Angeles County Sheriff’s Department’s homicide division started their investigations, which is the standard procedure for such incidents.

A Fishing Expedition Gone Wrong?

Although this next boating accident is not recent, its details resurfaced recently in a podcast.

As part of the Rodriguez family tradition, the entire family would travel to the Catalina Island coast to spend quality time fishing at least once a month.

On May 18, 1986, the family again set off into the sea on their quest to reach Santa Catalina Island. After fishing for a day on the island, the family decided to return home. It was just like any regular fishing activity, except for the fact that they had gotten a bit late. The fog turned dense, and the night became darker than ever.

One of the children, 9-year-old Desiree, was sleeping when she was woken up by her startled father, who claimed the boat was sinking. Immediately, the two children jumped into the sea with life jackets, followed by their 29-year-old pregnant mother, father, uncle, and aunt. The boat capsized, and all six family members were now in the chilly dark waters of the Pacific.

After trying to survive in the water for a while, the father decided to swim to shore to ask for help, and he disappeared into the darkness, never seen again. The pregnant mother also died due to the cold water. Desiree wrapped a rope around her mother’s chest and tied it to the tipped-over boat so her body wouldn’t float away that Saturday morning when so many people died after they jumped overboard.

Things started to get worse when Desiree’s five-year-old sister slowly died from the cold. Desiree, her aunt, and her uncle tried to keep each other conscious so that neither would doze off and die in their sleep. The aunt tried to keep the rest of them hopeful, but the uncle soon ran out of hope and swam away from the boat.

Desiree went to bring back her uncle, but he was too tall and heavy to keep above the water. She let go, and he slipped under the surface, vanishing slowly before her eyes. Some time passed with her aunt in the water. Soon, Desiree lost her aunt, and it was just her alone. It was time that she moved away from the boat to find help, according to witnesses and other crews in the Calif search area.

Paul Strasser and Mark Pisano, two best friends, were newly appointed captains and fishing men. Their day was uneventful, with no catches. The fog was thick, but Strasser pressed on for one more round before heading back to the shore.

Stasser Perseveres!

During their last rounds, they saw something shining in the water half a mile away. Strasser decided to move towards the shiny object, but when they closed the distance, they saw a woman, Desiree’s mother, dead tied to a boat. They also saw a woman face down in the water, quiet/dead, Desiree’s aunt. However, soon they came across a young girl in a life jacket with her head above water, trying to survive. It was Desiree.

Pisano saw the shocking scene and was pumped with adrenaline. He jumped into the water to help Desiree, the young girl struggling to keep her head above the water. Pisano brought her back on the boat and covered her in warm water bottles to warm her up. The law enforcement officials started searching for Desiree’s father, sister, and uncle, but after two days of searching and no leads, the investigation ended.

In 2021, on a podcast, Pisano was talking about the incident on Philip Friedman’s podcast and wondered what Desiree would be doing in life. One of his fans, Pablo Pena, was listening to the podcast when he realized that his co-worker once mentioned how she was the only survivor of a boating accident after skiff overturned.

He immediately reached out to Friedman and shared the details. The podcaster connected with Desiree, ready to meet the men who saved her, giving her a second chance in life. Friedman invited her to the podcast with the two survivors to reunite, making it an emotional episode for everyone. We’ll provide updates or an announcement as things become clearer from any surviving, rescued passenger that day, including deckhands, the Coast Guard and others at Avalon.

Schedule a Free Consultation with an Experienced Catalina Boating Injury Attorney

If you suffered injuries from a boating accident or any other accident on the island that was not your fault, contact us at + (833) LETS-SUE for a free consultation with our legal experts.

After an accident, you may be wondering about compensation and pursuing legal action against the negligent party but aren’t sure how to go about it. Reach out to us, and we will guide you through the complex legal process during the initial free case review.

Reports of Missing At Sea Cases/Crimes?

 

Reports of Missing At Sea Cases/Crimes?

The disappearance of passengers or possible acts of crime on cruise ships often goes unnoticed or unreported by the cruise liners and the crew members. It is far easier for them to state that the passenger left the boat independently rather than committing suicide or getting overly intoxicated.

There are laws in place that cruise liners have to abide by, such as reporting to the Federal Bureau of Investigation almost immediately upon noticing the missing passenger and adding the crime/missing person report to the database online.

The US Department of Transportation manages the data, such as the nature of the crime and who was responsible for such calamities.

The crime statistics of cruise liners such as Carnival Cruises, Princess, Royal Caribbean, and many others.

Do You Know Someone Who Has Been Reported Missing While on a Cruise??

Although the cruise line industry in the US has come a long way regarding regulations, the laws are there but do cruise ships abide by them? A crew member or the ship’s captain would instead not report missing persons as it is in their best interests to blame the victims or the passengers, even if it is their negligence.

Missing people are a reality aboard cruise ships. If you got injured or your loved one went missing on a cruise ship, contact Ehline Law and our Los Angeles cruise ship attorneys today for an evaluation of your case.

Vanished at Sea: Case Study on Missing Family Members

Passengers’ disappearance on cruise ships has happened since the 18th century, perhaps even before that. The History Channel reported the most mysterious disappearance on a cruise ship when all passengers and a lifeboat went missing in 1872.

Many states that it was pirates who kidnapped all the passengers, while others argue a stormy sea gulped down the guests on the ship.

In 2012, ABC News reported the mysterious disappearance of the famed Costa Concordia. However, this was one of the many missing people that were never found. Later that year, the Costa Concordia reported 11 dead passengers and 21 missing after crashing into rocks near Giglio.

Although the cruise lines maintained the position that sea travel is the safest travel, the incident left investigators baffled after they couldn’t find the bodies of the missing people during a massive search operation.

Family members of the missing passengers blamed the cruise ship for not taking immediate action, which led to a lot of time passing by before the search operation could commence. This was one of the many incidents where passengers were not found despite the Coast Guard rescue mission.

Statistics of Crimes on Cruise Ships

Cruise crimes have been on the rise, with 35 sexual assaults from July to September 2019, 35% more than in the 3rd quarter of 2018. During the year, two passengers also went missing on Carnival Cruise Lines, and neither US citizens were never found.

Surprisingly, Carnival Cruises had the most cases during the year, with 28 passengers who faced sexual harassment, while a few fell overboard, never to be found again.

Although Carnival Cruises has the most cases reported, this does not describe the magnitude of the situation. Under the industry’s safety act, cruises must report incidences when they sail from any ports in the United States.

However, most cruises sail from Europe and non-US ports, and cases on these cruise ships go unreported.

Here are a few statistics regarding passengers going overboard:

  • More men go overboard than women
  • Only 22% of the passengers who fall overboard survive
  • Drunk passengers and those climbing crew cabins and railings fall overboard

Cruise Vessel Security and Reported Missing Passengers

Just like how the duty of care binds organizations, cruise ship companies must also ensure a duty of reasonable search for missing persons upon finding out about the disappearance of a passenger.

The Cruise Vessel Security and Safety Act came into force in 2010, ensuring rules and standards to regulate the industry and protect passengers and their rights onboard from any security or safety threat. We worked for hand in hand with International Cruise Victims (ICV) to help craft the legislation under the guidance of the late Ken Carver.

In case of missing people, the Act requires the crew to conduct a search operation on the cruise ship. If the person is not found on the vessel, the cruise ship and its team must report the incident to the relevant authorities and start a search and rescue operation.

Do Cruise Ships Stop If You Fall Overboard?

By US law, cruise lines must send their vessel to the last known location by tracking when someone saw the passenger. If the passenger was last seen at 7:00 pm by a witness, the ship must return to the point where it was at 7:00 pm.

At times, those who fall overboard from a cruise ship might still be in nearby waters when the ship returns, and if a ship fails to navigate back and conduct search efforts, the cruise lines are liable for the missing person. In 2007, a US citizen from North Carolina went missing on a cruise sailing in the Bahamas.

The cruise ship turned back to investigate the location where the ship was at the point when the man was last seen. However, after searching for a while, the search mission was called off.

Although a ship may turn around to find the missing passenger, it is usually the negligence of the crew members who do not follow the Safety Act resulting in such crimes and missing passengers.

Having a Los Angeles cruise ship lawyer can hold cruise ships accountable for negligence or breach of duty of care, getting you the compensation you deserve.

Proposed Rules by the Coast Guard

The Cruise Security and Safety Act collaborated between different authorities and regulatory bodies like the Federal Bureau of Investigations, Maritime Administration, and the US Coast Guard. After forcing the law into place, the crimes still saw a spike, and those who went missing were never found.

In 2015, the US Coast Guard proposed further new rules that cruise lines must abide by, and these include:

  • Safety requirements for deck rails
  • Surveillance systems that can record falls and overboard passengers
  • Systems to record crimes
  • Hailing devices and other warning devices
  • Sexual harassment and assault guidelines and how to respond to such incidents
  • Crime scene preservation training.

Ehline Law – Los Angeles Cruise Ship Attorneys Who Can Help You!

We are proving a breach of duty of care or negligence against large corporations like cruise lines. However, Ehline Law and our attorneys are experts in proving duty of care and breach of it as we have tremendous experience in and out of courts.

Ehline Law has won many cases where our attorneys had to prove a breach of duty of care, retrieving more than $150 million in compensation for our clients. Here are some of the results of those cases:

  • Doe v Doe (Cruise ship assault) – $4.8 million
  • Widow v insurance company (Wrongful death) – $4.2 million
  • Lanham v Doe (Negligence) – $10.5 million.

Ehline Law is a leading personal injury law firm in California, having more than 15 law offices across the state, servicing areas like Los Angeles, Beverly Hills, Hermosa, and other nearby cities. Our firm has received positive media coverage from CNN, the Los Angeles Times, and more for advocacy and creating awareness on legal issues.

Protecting the citizens of the United States has always been the number one priority of Michel Ehline, a former US Marine Trial Lawyer and Founder of Ehline Law. We understand the pain you and your family are going through for losing someone at sea or getting injured on a cruise. Let us help alleviate your suffering by fighting your legal battles by your side with no upfront fees!

Contact us at (213) 596-9642 and get a free consultation today. Call or visit us and speak to our Los Angeles cruise ship attorneys without obligation to retain our legal services.

What to Expect If You Get Covid-19 on a Cruise Ship and Test Positive

 

Even though the cruise industry has implemented extensive Covid-19 testing procedures and safety measures that crew members must follow, there is still a risk of contracting the virus. Let’s look at the Covid-19 protocols cruise ships have adopted with Ehline Law and our cruise ship personal injury attorneys.

What to Expect If You Get Covid-19 on a Cruise Ship

Los Angeles Cruise Law Attorney. What to Expect If You Get Covid-19 on a Cruise Ship and Test Positive
Los Angeles Cruise Ship Attorney, Michael Ehline

Although travel requirements are easing and cruise ships have lifted vaccine and mask requirements, the threat of contracting Covid-19 is not over. The Centers for Disease Control and Prevention (CDC) had a Covid-19 program for cruise ships in place during the peak of the virus. Still, in July 2022, they ended the program, which is why passengers need to do their research about Covid-19 policies and standards adopted by the cruise lines themselves.

If you’ve contracted the Covid-19 virus and test positive, the CDC advises travelers to stay in their cabins and notify the cabin crew to prevent the spread of the virus. The steps you must take or the help you may receive following the intimation of your sickness to the crew members depends on the cruise line you’re traveling on. Let’s look at the medical attention and complimentary amenities available for guests sailing on various Cruise Lines.

Royal Caribbean

If you’re having Covid-19 symptoms during a Royal Caribbean cruise, immediately report it to the crew members. They will send an onboard medical team to conduct a Covid-19 test, and if tested positive, you will have to spend the remainder of your cruise trip in your room. The ship’s medical center staff will regularly check up on you.

The doctors will provide you with over-the-counter medication and plan your disembarkment process, which includes allowing travelers who tested positive to stay on the ship until the quarantine period finishes or disembark safely.

Carnival Cruise

According to the Carnival Cruise website, travelers testing positive will have to isolate themselves until the medical team believes it is safe to resume activities. Those who test positive will receive medical consultation through in-person visits or over the phone and have access to complimentary room service and free Wi-Fi.

The Cruise Line will help make quarantine arrangements locally for guests requiring quarantine. However, it will be at the expense of the guest. If you test negative after your quarantine period, you may return home. Fortunately, the Cruise Line offers a pro-rated future cruise credit for all those that spent their time in quarantine on the cruise ship.

Princess Cruise Line

The company updated its cruise policy pertaining to Covid-19 in October 2022, welcoming all travelers regardless of their vaccination status. The medical team will conduct tests on those displaying Covid-19 symptoms. A verified positive test result for a guest would result in a transfer to a separate cabin where they will have to spend the isolation period.

Celebrity Cruises

Guests sailing on Celebrity Cruises from any port in the US must show a printout or a screenshot of any commercially available self-tests as a pre-cruise test requirement. Celebrity Cruises offer rapid covid-19 tests on its onboard medical facilities, and in the event a guest tests positive, the cruise line will cover the Covid-19 treatment costs. The party can stay on the cruise ship for free until their quarantine is complete.

There are other cruise ships carrying passengers from the United States, and all guests need to view the cruise line’s Covid-19 policy before starting their journey.

Is There a Difference Between Isolation and Quarantine on Cruise Ships?

According to the CDC, the two terms are not interchangeable. Isolation is when the cruise ship separates people with the Covid-19 virus from those not sick. Quarantine is when the cruise ship separates people exposed to the Covid-19 virus in a separate cabin where the onboard medical team monitors them to see if they become sick. For example, if you test positive and your spouse does not, you will have to go into isolation while the cruise ship quarantines your spouse.

What Happens to Guests During Quarantine?

The Covid-19 policy varies from one cruise line to the other, but most cruise lines have a contact tracing system that allows them to track those guests who may be exposed to the virus. If you were close to a passenger with the Covid-19 virus, the crew member would ask you to return to your cabin and stay there until the medical staff takes a Covid-19 test, and you will have to stay in your cabin until the test result. Depending on the cruise line policy and the circumstances, the medical professionals may ask you to remain in your room for a few days.

During the quarantine period, the crew members will make sure they do everything to ensure you’re comfortable. This can include complimentary room service, free Wi-Fi, and movie rentals to keep you entertained. The medical staff will ask you to take another Covid-19 test, and if it returns negative, you may roam around the cruise ship and return to the activities. However, if the test returns positive for Covid-19, they may ask you to take another test to rule out false results.

During your quarantine period, anyone in close contact with you will have to take the Covid-19 test and stay in isolation if they test positive for Covid-19 to prevent the spread of the virus to other passengers.

What Happens to Guests During Isolation?

Unlike quarantine, where you enjoy complimentary amenities, isolation is much different. Depending on the cruise line and your circumstances, if you test positive, the crew member will escort you to the “Red Zone” near the vessel’s medical center.

Crew members take full precautions while moving passengers to isolation, including full PPE suits and airborne sanitizers. During movement, the crew members block off stairs and ensure other passengers do not come into contact with the guest heading to isolation.

In the isolation room, medical staff will only make in-person visits if necessary. Otherwise, they may check up on you via the telephone. You will have cleaning supplies to ensure you clean your room when required since the cleaning staff is not allowed during isolation.

The staff will leave a paper with a QR code daily that you can scan, fill out the meal form, and receive your meals outside the door. Since time in isolation can be difficult, some cruise ships offer free Wi-Fi and access to their catalog of movies to help you pass the time.

Cruise Lines are responsible for ensuring that other guests aboard do not contract the Covid-19 virus, which is why they must take all necessary steps to prevent the spread of the virus. However, if you contracted Covid-19 due to the crew members’ negligence, you may be able to pursue a lawsuit against the Cruise Line.

Schedule a Free Consultation with Ehline Law

If you or your family contracted Covid-19 due to a crew member’s negligence (not following safety protocols, allowing affected guests to interact with others, etc.), contact us at (833) LETS-SUE for a free consultation, as you may be eligible for compensation.

What Is The Cruise Vessel Security and Safety Act (CVSSA)?

 

What Is The Cruise Vessel Security and Safety Act (CVSSA)?

In 2010, former President Barack Obama signed legislation to improve passengers’ safety and security on a cruise ship.

Known as the Cruise Vessel Security and Safety Act or the CVSSA, it was the first law to ever focus on the well-being of passengers aboard a cruise ship.

Understanding the Cruise Vessel Security and Safety Act

With crimes like assault, abuse, and more on the rise on cruise ships, the government needed to bring the industry under scrutiny, just like the hotel industry in the U.S.

The law ensures that the same hospitality standards, reporting procedures, and safety requirements apply to the cruise line industry.

Ehline Law and our Los Angeles cruise ship attorneys are always ready to guide individuals and passengers on their rights while aboard a cruise ship and how some provisions from the safety act can apply to you.

Law Enforcement Officials Started to Show Concern

In 2005, the International Cruise Victims Association tried to push for a safety act law to apply to the cruise industry in a congressional hearing. However, the cruise lines had assured Congress that vessels and passengers were safe during cruises.

Things started to get serious when more than 250 passengers came forward reporting sexual assault incidents on Royal Caribbean cruises. This time, the legislation moved forward and reached the Senate, where a few senators had reservations not addressed by the Senate until 2010, after which the former President signed the law.

Penalties under the Cruise Vessel Security and Safety Act

Before the Cruise Vessel Security and Safety Act, holding cruise lines accountable for the lack of security was challenging since there was no regulation. However, after signing the act, cruise lines that do not follow the safety act will face the consequences. Cruise lines violating the show can not leave any port in the USA or enter one.

Financial penalties ensure compliance with the cruise lines’ safety act, and some of the penalties include a $25,000 civil liability per day for violations. This is just the starting penalty, and according to the severity of the violation, the penalty can go up to a maximum of $50,000 per day.

Suppose any violation by the cruise ship under the safety act comes to the attention of local law enforcement officials. In that case, there can be a case for criminal prosecution with a fine of $250,000, a year in prison, or both.

Reporting Crime under the Cruise Vessel Security and Safety Act

To ensure that the cruise lines follow the safety standards and protocols, law enforcement officials have created a database where different crime categories have a tally count for the person who did it; the passenger, crew, or others.

Data for crimes like homicide, death, kidnapping, assault, sexual assault, theft, and more is available online on theU.S..S. Department of Transportation website. You can even find the list of cruise lines on the report.

Training under the Cruise Vessel Security and Safety Act

After signing the law, officials had to develop guidelines to put in place for inspection, training and getting certification. On the other hand, the government had to create relevant training standards and ensure that passengers report criminal activities. These standards were then implemented for crew members, security personnel, and law enforcement personnel.

Cruise lines must adhere to the CVSSA, and it is a must for cruise ships to have at least one crew member on board who has completed the training program if there is even a singU.S. U.S. passenger on their cruise.

What Happens if Someone Falls Overboard?

The act also addresses the question, “Do cruise ships stop if you fall overboard?”. If a passenger falls over, the crew must be ready to follow the emergency protocol set by the International Maritime Association during all voyages at sea.

The cruise ship must inform relevant authorities and dispatch crew members to mark the last spot the passenger was seen and make a turn to the point of the incident. A search and rescue mission must ensue immediately. All the findings of the rescue mission are then publicized, to be reported to the world in accordance with treatU.S. U.S. and international laws. Ships are fined or certified as banned U.S. U.S. ports presently visited accordingly.

How to Report Crimes Under CVSSA?

The CVSSA holds the cruise lines responsible for criminal reporting activities. By law, these companies have to immediately report to the local Federal Bureau of Investigation office as soon as a crime occurs on the cruise ship. At the same time, they are also responsible for reporting the crime on the portal shared by the authorities. This helps update and publicize the crime database for cruise ships online. This technology also tracks an offender who violates or is connected to disappearance at sea.

By law, the cruise lines are responsible for maintaining a record logbook of criminal activities and complaints onboard the cruise ship. During any investigation, they must show it to a law enforcement officer, coast guard, or the Bureau.

The conditions or parameters for reporting crimes in an international maritime environment in or U.S. are as follows:

  1. Crime is withU.S. the U.S. maritime jurisdiction
  2. A US national or business owns the vessel, whole or partly
  3. Crime commU.S.ted by U.S. citizens outside U.S. jurisdiction
  4. Crime committed against U.S. citizens outside U.S. jurisdiction
  5. U.S.ime happens in U.S. territorial seas
  6. Crime happens during the trip if the vessel leaves or enters U.S. jurisdiction.

Medical and Privacy Provisions under Passenger Vessel Security Act

Under the CVSSA, all information related to the health of the passengers is confidential. It can not be available to the owner of the vessel, the cruise company, or any legal representatives unless they have written approval from the passenger or in certain situations, which include:

  • A law enforcement officer during the investigation
  • Releasing the information if it means the safety of the crew and other passengers

The criminal and medical situations of a passenger are confidential under the act. Cruise lines must maintain the following to ensure added safety of their passengers:

  • Medications to prevent STDs
  • Rape kits and equipment to conduct rape tests
  • Relevant medical services, equipment, and provisions for medical care.

There is a complete guideline for cruise ships and medical staff to follow when dealing with sexual assault victims.

Preventions Under the Safety Act

The safety act lays down guidelines on prevention during the daily operation of the cruise, and this includes:

  • Restricted crew access to passenger cabins and passenger stateroom entry doors
  • The transportation secretary must consider fire safety, including other applicable emergency requirements set forth by the U.S. Coast Guard, and provide for under international law.
  • Distribution of security guide to all passengers
  • Cabin doors should offer such technology to obtain visual identification. They must provide security latches from within onboard sleeping facilities and passenger staterooms.
  • Cruise ships must come equipped with hailing or other such warning devices
  • Passengers must have the means to access support in a telephone line or an internet-accessible computer terminal. CVSSA mandates these as statutory requirements, especially in high-risk areas aboard ship
  • Video surveillance systems on a cruise ship. A record of the video surveillance system. (Such time-sensitive, key technology must be available for any law enforcement official during an investigation).
  • Man overboard systems can detect passengers falling over the side of the ship and steps to integrate that technology to stop or circle the cruise vessel. All the while, operable acoustic hailing should occur while video recording and capturing images of the territorial sea nearby to spot any fallen overboard victims. In addition to providing evidence of crimes, it also makes any scofflaws on the cabin deck know they could be caught under these strict reporting requirements.

Evidence tampering is still a problem, but cruise operations could be significantly hindered if the alleged perpetrator tries to destroy evidence of a crime. Such regulations and provisions must consider fire safety, emergency physicians, and other relevant emergency requirements to ensure proper maritime administration and security of cruise passengers over the entire vessel. (Testing for sensitive information like sexually transmitted diseases after rape on cruise vessels?)

The safety act is a comprehensive law that mandates appropriate methods to ensure the safety of passengers on a cruise. Contact us immediately if you’ve been a victim of a crime during your travels on a cruise. You’re in good hands with us to get the legal representation you need.

It’s difficult to tackle large corporations independently. But having the right law firm fighting in your corner for legal help can be enough power to take down a negligent cruise line operating from any United States port.

Get Help from Ehline Law and Our Los Angeles Cruise Ship Attorneys

Ehline Law is a personal injury law firm with experienced cruise ship attorneys who have won several cases. An example includes passenger assault, where our attorneys recovered $4.8 million. Our best legal representative can help you get the compensation you deserve for these and other such crimes at sea. So why should you hire us for a serious incident on a cruise vessel?

Besides the free consultation and no financial or legal obligation to retain our legal services, here are a few reasons why you should consider Ehline Law as your preferred legal representative:

  • Ehline Law has won the Superlawyer Rising Star award, Best Trial Lawyers, Premier Personal Injury Attorneys, and many more awards
  • Our lawyers have the experience to prove a breach of duty of care and collect sufficient evidence to hold cruise lines accountable using our vast resources.
  • Ehline Law has consistently received positive media representation by CNN, Los Angeles Times, and more for showing compassion and creating awareness on legal issues.
  • We work on a no-win-no-fee basis, meaning you don’t have to pay us unless we win.
  • California is home to many cruise lines, and it is best to have an attorney based in California. More than 15 law offices are servicing Los Angeles, Santa Monica, Torrance, and other nearby cities.

We understand that enduring a cruise operator or passenger crime is challenging. We will work with the federal government, the United States Coast Guard, and others to alleviate your pain and suffering and protect you. We’ll provide you with the best evidence preservation and legal representation methods. Let us help you turn a page in your life.

And we’ll help you with support services and other applicable emergency requirements! We also provide communication capability via satellite phone 24/7 to identify and thwart severe crimes under international and united states national laws. Contact us at (213)-596-9642 and speak to our attorney for more information.