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Month: December 2022

How to Survive Falling from Cruise Ship in Open Ocean

How to Survive Falling from Cruise Ship in Open Ocean

Written by Michael Ehline on . Posted in Cruise Accident Blog.

 

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.

San Diego County Personal Injury Attorney, US Marine, Michael Ehline

Boating Tip-over Off Catalina Coast

Written by Michael Ehline on . Posted in Sea Admiralty Maritime Accidents.

 

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.

Los Angeles Cruise Ship Accident Attorneys

Reports of Missing At Sea Cases/Crimes?

Written by Michael Ehline on . Posted in Cruise Accident Blog.

 

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.