Month: November 2022

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

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.

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.

Referred to as floating cities, cruise ships offer luxury while traveling the high seas to destinations that will leave their passengers in awe of the world’s sheer beauty.

However, with all the glamor associated with cruise ships comes the dark side of this industry. Sexual assault and other cruise ship crimes have hit the headlines more often than before.

This makes it a harsh reality for the passengers onboard a cruise vessel wanting to party and play.

Sexual Assaults and Other Crimes are at an All-Time High on Cruise Ships from Royal Caribbean to Princess Cruises

If you’ve been a victim of sexual assault on a cruise ship, get in touch with Los Angeles cruise ship attorneys as soon as possible to evaluate your case.

Sexual assaults have been happening on cruise lines since they’ve been operational. However, only after the Cruise Vessel Security and Safety Act made it a requirement for cruise lines to report cruise crimes to the relevant authorities for record and tracking purposes.

Even then, many crimes go unreported for many different reasons, including those under Maritime Law.

Cruise Vessel Security and Safety Act

Congress passed the Cruise Vessel Security and Safety Act (CVSSA) in 2010 to ensure the safety of passengers while traveling on cruise ships. Besides guidelines and procedures that a cruise company must follow, the act also emphasizes the reporting standards and how cruise ships must report any crime onboard. However, due to lobbying and requesting the Federal Bureau of Investigation and the US Coast Guard, the cruise industry changed the language in the CVSSA, changing things in their favor.

Initially, data on all reported crimes were publicly available through a dedicated portal. Still, after changing the language, crimes not under FBI investigation must be reported on the portal. This change in the language led to many unreported crimes since the FBI does not conduct investigations on sexual assault or rape cases, and those cases still under investigation would not get posted on the portal.

In 2014, lawmakers saw how the cruise industry was exploiting the law and made amendments to the CVSSA by requiring cruise lines to report and identify all crimes or alleged crimes on the ship.

Even after the new amendments, certain crimes go unreported because cruise lines maintain the position that the crimes do not fall under the reporting requirement.

Some of the crimes include:

• Molestation
• Lewd conduct
• Grouping
• Touching inappropriately and more.

Do Cruise Lines Investigate Crimes on Their Cruise Ships?

We already know that a cruise line hides a lot of sex crimes that happen onboard, but do they make any effort to investigate the crime?

A cruise ship’s security officials onboard are the first ones to take notice of a crime and respond accordingly until the matter gets transferred to the relevant law enforcement authority while docked at a port.

However, jurisdiction is a huge concern regarding crimes on a cruise ship. Who is responsible for investigating the crime?

According to the State Attorney’s office and federal court, section 7 of title 18 of the US code states that the Federal Bureau of Investigation will be responsible for investigations of crimes onboard cruise ships.

Due to different jurisdictions and federal law, not only does the US government get involved, but negotiations also take place with the relevant port authorities and officials from the cruise line.

According to the Law of the Sea set by the United Nations Convention, for any crime at the port where the ship gets docked, local authorities of that country have the jurisdiction. The government also has jurisdiction if any crime happens 13 miles away from their shores.

For any crime that occurs beyond the 13 miles distance, the jurisdiction falls under the country whose flag is on the vessel. So, if a ship has a Bahamas flag while sailing and a crime occurs, the Bahamas law will be applicable.

Captains of the ship also have decision-making rights when a crime occurs on their vessel. Suppose a crime occurs on a Royal Caribbean cruise sailing in the Gulf of Mexico; the captain can either make an unexpected stop at a nearby port for local authorities to take control of the situation or make it to the next scheduled visit.

The FBI investigates severe crimes on a ship involving a US citizen. However, investigations first start at the local authority’s level. When a crime occurs, the FBI contacts its networks across the globe to take charge and ensure the safety of the US citizens on the ship and then preserve the crime scene for further investigations.

Laws for the cruise industry are quite hazy as it involves a lot of authorities and even countries. To get to know more about the law before your cruise trip, it is best to contact maritime lawyers. Ehline Law is a leading personal injury firm with a stellar record of winning cases for our clients.

Let our Los Angeles cruise ship attorneys help you if you’ve gotten injured or have been a victim of sexual assault on a cruise ship. Contact us at (213) 596-9642 and get a free consultation with an expert attorney today!

The United States has a history of predated laws that still affect the country, and the Jones Act is one of those laws. The Jones Act came into effect for the cruise industry in 1920, and even after 100 years, it is still in place today.

The Jones Act is not a law on its own but an addition to the Merchant Marine Act, focusing on the rules concerning the industry and the ports and water of the United States.

What is the Jones Act All About?

Surprisingly, the Jones Act came in the early 1900s for commercial freight shipping companies using the United States’ water and ports. However, today many contribute to the cruise industry’s growth to the Jones Act. In Europe, this Act is also called Cabotage Law.

Passenger Vessel Services Act Comes Under the Jones Act

Since the Jones Act was initially done for the cargo shipping industry, a section called the Passenger Vessel Services Act (PVSA) was added to incorporate passenger vessels into the Act. Let’s examine the differences between the Jones Act for cargo ships and PVSA.

The Jones Act covers any cargo ship carrying goods from one U.S. port to another. Any boat that wants to move goods from one U.S. port to another must comply with this. Maritime laws meaning it must be built, have the legal ownership, and be documented in the United States.

While on the other hand, the PVSA applies to all cruise ships that move passengers from a U.S. port to any part of the world. Under this law, registration in the U.S. is a must for all cruise ships looking to pick up passengers from any port in the country.

Jones Act and Its Impact on the Cruise Industry

To avoid such laws, cruise lines are going out of their way to register their businesses in other countries with a more peaceful existence. Most countries don’t have such strict laws. This means that cruise lines must pay close attention to their itineraries.

The Jones Act is not perfect and has some exceptions that the cruise lines have taken advantage of. The Jones Act does not allow cruise ships to depart from one U.S. port and arrive at another port in the U.S.

Still, it does allow a cruise ship to depart from one U.S. port, travel to a distant port, perhaps in South America, and then travel back to any of the ports in the U.S.

For example, under the Jones Act, Cruise ships can travel from Miami to any foreign port in South America and then drop the passengers off through the Panama Canal at California port.

Another exception in the Jones Act is that cruise ships not registered in the U.S. can pick passengers up from one U.S. port but can not drop the passengers off at another U.S. port. However, the cruise ship can stop at another U.S. port for a while if it has at least one foreign port stop in its itinerary.

For example, a cruise ship can pick up passengers in Miami, head to California for a quick stop, and continue its journey to any foreign ports, perhaps the Bahamas.

Consequences for Failing to Follow the Jones Act

There are severe fines and penalties imposed on cruise ships that do not follow the laws in the PVSA under the Jones Act. If a passenger on a foreign-flagged ship not registered in the U.S. gets picked up at one U.S. port and disembarks on another, the cruise ship will have to pay hefty fines.

This Act ensures that cruise ships follow such laws while traveling within the country. Let’s take another example to help you understand the parameters of the Jones Act.

A cruise ship picks up a passenger at a U.S. port and stops at another U.S. port for excursion activities. If a passenger gets injured during such activities and decides to pursue medical treatment for their injuries, the ship must pay a fine for it.

If a family member or the passenger’s friend joins the passenger and gets off the ship, the cruise line must pay fines for both the travelers.

There are several situations where cruise lines can get exemptions or apply for a Jones Act waiver. An example is when the Norwegian cruise line got an exemption for operating foreign ships under the U.S. flag.

Although the Act has some exemptions, it has shaped the cruise industry into today. It holds local and foreign ships responsible for not following the law and ensures the safety of the passengers on board.

Ehline Law and Los Angeles Cruise Ship Lawyers

The Jones Act ensures that cruise ship restructures their itineraries and keep a close eye on their passengers at every port. To avoid fines, cruise ships operating in the U.S. make sure they have a passenger list and conduct counts when departing from any port in the same country.

For more information on the Jones Act and PVSA, contact us at (213) 596-9642. Our expert lawyers have a lot of experience dealing with cruise ship incidents resulting in millions in compensation for our clients. If you’ve had any injuries on a cruise ship or lost someone, contact us and get a free consultation on your case today!