Month: November 2022

Oftentimes we hear about a missing passenger thrown or tossed into the sea. Many times this news is associated with criminal activities aboard the cruise ship.

Because of this, many potential voyagers or vacationers have started questioning the regulations associated with the cruise ship industry. Many of us fail to realize that the cruise industry did not have any regulations back when it started. And we have progressed so much since then. However, even with a lot of progress, the industry remains notorious for criminal activities, malpractice, and other unfavorable activities.

If You are Cruising, Make Sure You Know All of This Information

• Regulatory Authorities for Cruise Lines
• Who is Responsible for the Inspection and Enforcement of the Law on Cruise Ships?
• Cruise Lines Have Manipulated the Regulations for a Cruise Ship
• Are Regulations Enough to Avoid Incidents, Accidents, or Casualties?

Before discussing its impact, let’s look at the regulations surrounding the cruise industry.

Regulatory Authorities for Cruise Lines

Several regulatory authorities have the power to change and review standards for safety, health, and more. Each respective authority can introduce new laws and parameters governing the law in their relative field.

The main regulatory bodies for cruise lines are the US Coast Guard, International Maritime Organization (IMO), and International Labor Organization. However, other regulatory authorities like World Health Organization, the Centre for Disease Control and Prevention, and Environmental Protection Agencies exist.

Besides these regulatory authorities, cruise lines also have to follow the laws and regulations of their registered country.

The regulations surpass international standards with so many different regulatory authorities, laws, and cruise lines international association policies. But many citizens believe there is a need for further strictness on a cruise line.

US Coast Guard

US Coast Guard ensures the safety of cruise ships entering and exiting US waters. For collecting passengers from any port in the United States, the US Coast Guard is responsible for implementing international and local laws regarding safety and security at sea.

The US Coast Guard must-visit cruise ships to ensure safety and lifesaving equipment are present and in working condition. They must also review the hiring of crew members to check their competency in case of any emergencies.

Cruise ships must report incidents during shore excursions, missing passengers, and other criminal activities to the US Coast Guard.

International Maritime Organization

The IMO is a part of the United Nations that looks at maritime affairs and manages them. The organization looks explicitly at the safety of passengers at sea, increasing security for vessels traveling in international waters, and focuses on preventing pollution by the cruise industry.

It creates a regulatory framework for the entire cruise industry to abide by, internationally and nationally. The IMO plays an active role in developing international regulations and guidelines in collaboration with other relevant authorities.

Who is Responsible for the Inspection and Enforcement of the Law on Cruise Ships?

Inspection and enforcement are the foremost hurdles when it comes to following laws. However, the cruise industry has robust systems to ensure that these laws are followed at all times.

Port States

A cruise ship traveling in the water of a foreign country or docking at its ports must follow international, national, and local laws. A port state has all the authority to inspect cruise ships and hold them accountable if they’re not complying with the regulations.

Some active organizations in port states are CDC, EPA, FBI, US Coast Guard, and Customs and Border Protection.

They are responsible for the following:

• Reviewing ship designs
• Issuing safety certifications
• Conduct scheduled and unscheduled inspections
• Enforce compliance with regulations
• Punish cruise ships for violating any laws or for not following rules.

Countries of Registration

A country where a cruise ship gets registered must ensure that the cruise ships and their crew members follow and comply with all national and international regulations. These countries must conduct independent investigations from time to time to ensure compliance with the law.

Classification Societies

Sometimes it can get complicated for a country’s relevant authorities to monitor the cruise industry and ensure they follow the law. Many have independent organizations or societies to take over this task.

That way, they can check whether the cruise lines follow the ship’s regulations and health and safety protocols.

These societies can set safety and environmental rules and guidelines for the cruise lines to follow and conduct inspections and surveys to ensure they correctly manage their ships.

Cruise Lines Have Manipulated the Regulations for a Cruise Ship

You may have noticed that cruise ships’ ticket costs have been reduced over the years, attracting thousands of more potential travelers looking to enjoy their vacations.

Cruise ships, at one point, were a dream vacation for many consisting of lavish luxuries, all found in one place. However, it has become accessible to many due to the meager ticket prices.

Don’t get us wrong; cruise lines still make hefty profits even with the low ticket prices. This suggests that the industry or major cruise lines like Royal Caribbean, Regent Seven Seas, Carnival, and others are cutting costs somewhere.

Even with all these relevant authorities active and playing their role, the cruise industry is a massive industry worth billions of dollars, making regulations very difficult. The sector has lobbyists passing laws in their support or going against any bills that may potentially harm or further regulate the industry.

The cruise lines take advantage of local laws and avoid international laws by registering in other countries. Other country flag vessels are not governed by the US federal labor laws meaning the minimum wage in the US does not apply to foreign-registered ships.

These cruise ships pay their crew members well below the minimum wage and have them work in unsafe conditions, with many threatening to fire employees if they refuse to work.

Unlike the Federal Aviation Administration, which can shut down the entire operations of an airline based on a few aircraft failing the safety requirements, the cruising industry is a bit different.

Cruise lines register in other countries and take advantage of relaxed laws. US Coast Guard must conduct checks on a ship once every 12 months, while other countries may have different requirements.

Even with such checks, the relevant authorities can’t check every aspect of the ship. This can take time and affect the profits of the cruise line. Hence these ships are always operational and at sea.

Another primary concern is that even though IMO has the right to create guidelines for cruise ships to follow, they can not enforce these regulations. Even with all the negligence that might be going on, IMO can not impose fines or deliver punishments to cruise ships as that jurisdiction falls under the ship’s country of registration.

Since these responsibilities fall under the country of registration, cruise lines are quick to register their ships in countries with very relaxed safety, environmental, and labor laws, like the Bahamas and Panama, among many others.

Here cruise ships operate non-stop and easily comply with local laws resulting in maximum compensation while compromising on international safety, labor, and environmental regulations. This allows the cruise lines to charge meager fees, outsource shore excursion activities, and disregard many safety and security concerns.

In previous years, there have been a lot of fire breakouts on cruise ships, with many reporting an engine room fire causing a lot of mechanical failures and engine shutdowns in boats. This poses a massive threat to all the cruise passengers aboard the vessel. Besides large fires, there have been many unreported incidents of small fires on cruise ships from different witnesses.

With so many regulatory bodies, one would assume that these are a thing of the past. Besides fire, other issues have been alarming, but these get shrugged aside. Cases of the Norovirus outbreak in 2012 and the latest Covid-19 aboard the ships are a huge concern. But, in the end, cruise lines have been winning their legal battles most of the time.

Cruise lines take advantage of every loophole to maximize their profits. An example of this is the provision they set in their tickets. Ticket contracts may be unenforceable according to the law. But the courts must follow the rules of the country whose flag is on the vessel. In many cases, these laws work in favor of these corporate giants.

An incident on Costa Concordia resulted in a woman traveler losing all her luggage and almost her life, But in the end, she was only given $9,000 in compensation. This is the story of many other victims aboard a cruise ship.

Are Regulations Enough to Avoid Incidents, Accidents, or Casualties?

An airbag in a vehicle is there to protect an individual in the case of an accident; the driver must exert caution to avoid an accident in the first place.

Passengers aboard the cruise ship must not rely on the regulations and laws to ensure their safety since there are a lot of provisions in the rules and regulations governing this industry.

Cruise passengers must take all the necessary steps to ensure their and their families’ safety. They must stick together or remain in a group to avoid any sexual harassment or stay away from the railings since the cruise might not look for them if they fall over. Although there are a lot of regulations, a lot of loopholes exist at the same time.

Instead of further increasing regulations or bringing in new laws or guidelines, there is a need for creating awareness among cruise passengers. Hence, they know the risk associated with a cruise vacation.

Schedule Your Free Consultation With a Cruise Ship Lawyer To Learn More About Regulations At Sea

Have you or your loved one has gotten injured on a cruise ship due to someone else’s negligence? Contact Ehline Law and our Los Angeles cruise ship attorneys to get an evaluation of your case.

We understand the ins and outs of the regulations governing this industry and are well-versed in dealing with cruise lines and their insurers.

We have had a positive track record in protecting cruise ship victims and have retrieved millions for our clients. Let us give you the legal representation you are looking for and hold the cruise line accountable for the damages done.

We understand how tough it is to undergo legal proceedings when recoveringOurur defense team can negotiate on your behalf and get you the compensation you deserve. Contact us at (213) 596-9642 and get a free consultation with our legal experts today!

Experts Acting In Washington

The Ehline Law Firm APLC carved out its reputation as a leading consumer and travel safety cruise ship law practice in California. The firm’s leaders are not content to leave it at that. Michael Ehline, the firm’s founding partner, took his efforts to Washington to improve cruise safety nationwide. His struggles with industry experts and consumer rights groups establish a safer and better experience for all.

Ehline worked on this project for years. However, he is not finished. New legislation in Washington seeks needed to change. Much of the message is simple: allow cruise passengers the same rights as airplane passengers.

It seems simple, but the government is slow to adopt these changes. This slowness is especially the case due to heavy pressure from large cruise corporations. This legislation allows passengers to hold the cruise lines responsible for deaths at sea. Furthermore, it will enable passengers a chance to pursue fair compensation.

ICV Leads the Fight?

One of the leading victims’ rights groups, International Cruise Victims, fights its hardest. Michael Ehline is proud to compete with them. The ICV supports a bipartisan bill that strengthens safety laws. The Cruise Passenger Protection Act, or CPPA, as reported on FoxNews, goes a long way in the right direction. Many of these protections are common sense, including requiring cruise lines to notify the FBI within 4 hours of death. It also allows access to surveillance records for victims.

Leading Cruise Rights Reform in Washington

Michael Ehline is no stranger to reform efforts in DC. His years of experience there led to changes in the cruise ship industry. His partnership with ICV is one of his most significant accomplishments. “I am proud to be a persistent voice for victims,” Ehline said. “Our work isn’t finished, but this gives passengers and their loved ones vital rights.” A vote on the legislation is expected soon. Keep it posted here for more information.

Cruise Worker Accused of Raping and Attempting to Throw A Passenger Overboard?

Yes, it’s true, a cruise ship worker stands accused of raping, beating, and trying to throw a passenger overboard Friday morning. Many of our readers already know the chatter on the Hill.

And that chatter is that the industry can easily target potential political sponsors of the enhanced Cruise Vessel Security and Safety Act. Some pundits say they can be bribed for perhaps as little as $25,000 in campaign contributions.

In other words, they could vote “no” to upset much-needed legislation. And this would be in exchange for advertising money to get re-elected.

Because of this, many politicians will refuse to protect U.S. passengers. Does this prove money can buy anything? We will keep digging up facts on donations and vote shifting. Afterward, we will report back. At any rate, you can decide.

On 2/11/14, Rep Corrine Brown argued with Rep John Garamendi over issues like whether the cruise industry should install mandated man overboard systems. After all, the law has required them to do so since 2010 under the Cruise Vessel Security and Safety Act.

Where are the Teeth?

Since there were no enforcement provisions with teeth, the cruise industry has refused to implement many provisions of the 2010 Cruise Ship Safety Act. Only one organization, ICV, or the International Cruise Victims, is doing the legwork to fix the problems with the last bill.

But they are an anomaly. Most of all, these laws need enforcement provisions. In other words, they lack teeth. Teeth would mean adding a fine or a penalty. It is a waste of time to pass laws that are ignored with impunity.

Since there were no enforcement provisions with teeth, the cruise industry is just not implementing many of the 2010 Cruise Ship Safety Act requirements. Only one organization, ICV, or the International Cruise Victims, is doing the legwork to fix the problems with the last bill. But they are an all-volunteer crew of victims who, on their dime, lobby D.C.

D.C. and the Downtrodden Victims

I was fortunate enough to have lobbied with these downtrodden souls on the last round of tromping through the halls of Congress seeking support. But let’s face it, the cruise industry has billions, and victims on their own, cannot pay $25,000 to a re-election campaign for some politician or many.

Those are the grim, cold facts. In any event, Garamendi called for the enforcement of protections already required under U.S. Laws but not enforced. And Brown went so far as to accuse Garamendi of “grandstanding.”

Is Lost At Sea a Consequence of No Man Overboard System?

Many of us attorneys at Ehline Law have suspected that a percentage of these “lost at sea” cases arose from a crew or a crew member or passenger raping someone. Why? Because with no man overboard system, the rapist would toss a person overboard, leaving no trace.

Cruise lines are notorious for failing to turn over digital and video images of crimes aboard cruises. Even when the FBI demands them, the cruise lines have pushed back. But why?

Throwing a Body Over the Side Covers Up Crimes

So it is a no-brainer that a criminal eliminating a body overboard would quickly cover up a crime. In any event, the 2010 Bill required all cruise ships to install “man overboard systems.“ It is now 2014, and still nothing. But the cruise industry seems to be putting out two stories. This regard why the lines never recognized the four-year-old law. (Read more here.)

Garamendi went on to retort:

“I think it’s time for the consumers, millions of them, who are getting on these ships to know what they’re getting into,” … “he is the ranking member of the subcommittee overseeing maritime transportation. “To know the history, the good and the bad, of an individual ship” he said.

On the heels of the legislation above failing, another cruise member was arrested Sunday and has been identified as Ketut Pujayasa, age 28, a worker from Indonesia.

And, of course, he was attempting to toss a severely brutalized rape victim overboard. Sound familiar? The incident occurred on the M.S. Nieuw Amsterdam early Friday morning in the international waters off the coast of Roatan, Honduras, authorities said.

The MS Nieuw Amsterdam cruise liner departed from Fort Lauderdale on February 9th. From there on, it was a seven-day western Caribbean charter cruise. The attack victim was female. Her attacker was “Pujayasa.”

What are the Victim’s Allegations?

The raped woman said she was attacked in her stateroom. The cruise ship employee attempted to throw her from her balcony. So we can see there is an understanding by this employee that disposing of the woman is key to avoiding jail.

In any event, all these facts appear in the criminal complaint. The woman said that she escaped from the cruise worker. After that, she was helped by another passenger.

• Pujayasa was taken into custody when the ship returned to Port Everglades in Fort Lauderdale, FL.
• Pujayasa was charged with aggravated assault and an attempt to commit murder.
• He told investigators that he attacked the woman because she had “disrespected” him.

He said he left the woman’s stateroom but later turned himself in. So there you go. The man performed an honor killing and used disrespect as a basis to justify it. Whatever you want to call it, these are ideas from backward cultures.

In a news release, Holland America Cruise Line stated that they are working with authorities.  And they said they wanted to understand how the incident occurred.

Also, they promised they would take additional measures to ensure this type of event does not happen again. Holland American Cruise Line CEO Stein Kruse said that at Holland American Line, our highest priority is the safety of our guests.

• To his knowledge, he stated that in the 140-year history of the cruise line, there has never been an incident like this on one of the ships. Of course, he said that. What else would he say?

But the facts are:

“. . . we have a history of covering up crimes, flying criminally accused employees back to their home countries so U.S. authorities cannot arrest them, etc.”

This fact is just so sad and laughable from our perspective. Regulating the politically connected cruise ship industry has long been possible. But due to the fact these ships sail under foreign flags, not from U.S. territories, international maritime law applies.

• Also, contract law has made prosecuting a negligence claim against them much more complex than land-based cases.

Considering that most cruise ship passengers are North American, it stands to reason that most crimes are against them. But thanks to ICV, the cruise industry is under increased scrutiny from sages like Senate Commerce Chairman Jay Rockefeller (D-W.Va.), who is at the front with Matsui.

Is The Hole In Security a Basis for Cruise Ship’s Liability?

Cruise lines know they are strictly liable. But they hold all the cards. If their employee tosses a body over the side, do you think they will be so happy to turn over the videotape? Think about it. That could cost the cruise lines millions of dollars.

The bottom line is that criminals know there is a hole in the security of ships. And that makes raping and tossing a drunk or passed-out victim relatively easy. Cruise lines recruit low-pay help, often from countries that culturally teach an uncovered woman is a harlot or dhimmi to be raped and used.

For example, in this case, the defendant hails from a country, Indonesia, where many men think that failure to wear a hijab is an “invitation to be raped.” (view source.)

So imagine a person seeing Western women in bikinis for the first time, who is not properly vetted in accepting that Western culture is different, etc., working aboard one of these ships.

• Background Checks are a Joke

There is often no way to conduct proper background checks on criminals. Is there even a computer background database in Syria? NO. What about Somalia or Ethiopia? No!

What we know is that many countries cruise ship employees hail from have no national system. And we also understand that these countries are often archaic, male-dominated societies bound by religious dogma. So many things, like rape, aren’t even a crime unless there are three male witnesses, etc.

Imagine these people getting aboard the ship as employees and then seeing a blonde woman in a bikini. So now what a Westerner would consider a predator has boarded. Next, this person learns its layout.

After that, they discover strategies and tactics from fellow citizens to get away with rape and murder. All that is left is a method to dispose of a body. Think like a lawyer. Follow the bodies.

Cruise Lines Should Not Hire From Countries That Don’t Respect Female Equality?

I think cruise lines are not doing enough to vet male employees. This cultural difference is precisely the issue in many cases. So this hypothetical and others can easily take place. The cruise lines are tripping over a dollar to save a dime.

Cruise lines like to hire people who think $2 thousand a month is a lot of money. So they are their own worst enemy. They can already skirt U.S. tax laws. But the least they could do is install man-overboard systems.

That way, they could make it harder for the criminally minded to get away with rape and murder “without a trace.”

Need Legal Help After a Cruise Ship Brawl?

Ultimate Guide to Understanding Cruises, Brawls, and Lawsuits

A fight erupted on a Carnival cruise line ship on September 9 after a handful of people started beating each other up. According to media reports, the fight happened between the ship’s pool and one of its bars.

At least 30 people were involved in the cruise ship scuffle.

It Soon Got Violent…

A massive brawl broke out on the Carnival Sunrise. Videos shared on social media showed a group of people involved in a verbal dispute.

However, the verbal altercation soon turned extremely violent, involving two groups pushing and hitting each other. A man lunged at a woman while she was on the ground and started pummeling her.

The Onboard Security Team Intervened

The onboard security team intervened a minute after the fight and separated the groups. Laura Bryant, the user who first shared the video on TikTok, said the altercation was supposedly over a seat and personal space.

Just Months Ago, There Was a Fight Involving Carnival Magic

Unfortunately, it was not the first violent altercation on Carnival cruise ships. In June, a horde of people began beating each other aboard the Carnival Magic.

Sixty passengers were involved in the fight, which started around 20 minutes after 5:00 a.m. when the Carnival Magic ship was making its way back to its home dock in New York after an eight-day cruise in international waters.

Videos showed a chaotic scene with dozens of passengers hitting and shoving each other as a security guard tried to break up the fight.

Witnesses told police the fight started as an altercation between two people on the dance floor. However, it turned violent and soon involved around 60 passengers.

The Coast Guard Was Quickly Called

Security officials aboard the cruise ship rushed to the scene, tried to de-escalate the situation, and called the Coast Guard. Thankfully, no serious injuries were reported.

One of the passengers, identified as Theresa James, revealed that the massive fight took place just outside her cabin between groups she describes as “ignorant fools acting stupid.”

The Coast Guard escorted the cruise liner to New York. Shoreside law enforcement authorities were quickly notified and sent a team of investigators to interview suspects and witnesses as soon as the ship arrived in Manhattan from the eight-day Caribbean cruise.

Officers from the New York Police Department (NYPD) were also there when the ship docked.

How a Cruise Ship Injury Lawyer Can Help

Cruise lines are responsible for passengers’ well-being and safety. Therefore, if you are physically injured or assaulted on a cruise ship, you can seek professional help from a personal injury attorney and take legal action against the company.

Companies in the tourism sector, including cruise lines, enjoy many legal advantages. In simple terms, these cases can be tough. Fortunately, Ehline Law is here to help you!

Extensive Experienced in Taking Cruise-Related Cases to Trial

We can’t just sue Carnival Cruise Line. This firm can give you a hand in taking legal action against:

• Disney Cruise Line
• Princess Cruises
• Royal Caribbean
• Holland America Line
• Celebrity Cruises
• And more!

Our maritime lawyers have a proven track record when it comes to overcoming these cases and ensuring that victims get the legal benefits they deserve. Feel free to contact us and get a free consultation today!