Year: 2022

Who Investigates Cruise Ship Rapes And Murders At Sea?

Written by Michael Ehline on November 14, 2022. Posted in Cruise Accident Blog.

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!

Michael Ehline, Cruise Ship Lawyer Michael Ehline, Cruise Ship Lawyer Michael Ehline, Cruise Ship Lawyer Michael Ehline, Cruise Ship Lawyer

The Jones Act (Cabotage Law) How Does the Jones Act Affect Cruise Ships?

Written by Michael Ehline on November 11, 2022. Posted in Cruise Accident Blog.

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!

International Cruise Victims

Written by Michael Ehline on November 11, 2022. Posted in Cruise Accident Blog.

International Cruise Victims Attorney Answering Questions About the Volunteer Maritime Law Advocacy Organization

Hello and welcome to Ehline Law Firm Personal Injury Attorneys, APLC. I am attorney Michael Ehline. In my years of law practice, one giant of a man stands out as a friend and mentor, the late Kendall Carver, founder and chairman of the International Cruise Victims Association (ICV)*.

The cruise industry loathed him, and devastated families relied upon him and remembered him for his honesty, justice received, and sympathy. Everyone can agree that Ken was always working hard and getting results. Ken’s daughter had been lost at sea on a cruise ship. No one protected her human rights to be safe on a cruise liner in this greatest of all of Ken’s personal losses.

Because of this, he was crushed, never to recover from his emotional issues of losing his beloved, most prized daughter. His broken heart led to the creation of International Cruise Victims. Ken focused his efforts on taking on the cruise industry. Ken was a pro at exposing cruise ship crime against cruise ship passengers that was/is apparently sanctioned by the cruise industry in his search for justice.

Ken was required to learn maritime law and the lobbying system as part of his goal of holding the crooked cruise industry accountable to Americans.

As reported in the news, my law firm was pleased to fund several trips to Washington DC to lobby on behalf of the International Cruise Victims Association for safer cruises for any U.S. citizen cruise passengers and for improved passenger safety.

In the process, I helped draft historic legislation on behalf of the International Cruise Victims Association. Sadly, towards the end of Ken’s life, I lost contact.

You see, my father was dying of non-Hodgkins Lymphoma as a result of exposure to Agent Orange as a U.S Marine in Vietnam (1967, 1968, 1969). While dealing with my father and that grief, Ken passed away.

I did not find out he died, but a fellow lobbyist was notifying me on Facebook months later! This blog article is about Ken, ICV, legislative reform, and those personalities who have helped make our sea lanes safer for Americans with the help of the International Cruise Victims Association.

I hope you past and future cruise ship passengers enjoy learning more about what it takes to be a legal advocate focused on legislative reform work and operations to protect passengers.

We apply ourselves to prevent others from being thrown overboard and avoid other tragedies involving the cruise industry community in the USA, Canada, and other interested people who lost loved ones at sea residing in Europe. ICV is one of those professional organizations that made calls for legislative changes with little to no exciting funders or financial backing.

Above Image: ICV President, Jamie Barnett, left (me in the center), and my mentor, the late Kendall Carver, ICV chairman, far right. [Image, property of Ehline Law Firm]

When most people think of a cruising event, they think of cruise passengers lounging in the sun on deck or perhaps sailing past an iceberg on an Alaskan cruise. The problem is that this is simply a pipe dream for many sailing on vessels with foreign flags registered in countries that could care less about protecting any U.S. Citizens or providing aid or assistance.

The truth is, themany legal suits are seekingnetary compensation relating to crime on these ships after the captain and company failed to manage their vessel or take accountability.

And the sad part is that passengers and crew are losing their lives. Many of these cruise lines sail into the high seas with zero passenger safety measures in mind.

Many people become cruise victims due to breach of duty of the cruise line or pure negligence of the cruise line employee, like the cabin steward or crewmember. Sometimes, other passengers perpetrate these crimes, such as rape, sexual assault, disappearance, injuries, and more.

Cruise Ship Crime on Cruise Lines is an International Affair – Have the Right Legal Team on Your Side

Does Human Trafficking Happen on Cruise Ships?
How Many People Go Missing on Cruise Ships? – The Start of the International Cruise Victims Association
Why You Should Hire the Ehline Law Firm organization’s advocates.

Does Human Trafficking Happen on Cruise Ships?

Traffickers often take advantage of the ability to be anonymous. Any change in the economy or immigration laws will be exploited. Motels and hotels are locations that traffickers like, thanks to the fact they don’t necessarily have to give up their identity; They also look for victims who may be out of their element or those in a foreign country, similar to someone who might be on a cruise.

Human trafficking also occurs at sporting events, theme parks, and many other areas in the tourism industry. These are the options predators prefer as their field of trickery.

Staff members are often not educated on recognizing and reporting signs of trafficking, and visiting so many foreign countries is easier than you think. Maritime law means nothing to these crooks.

Human trafficking may also occur in cruising, and cruise ship crime is common. Ship workers, who are notoriously paid low wages, are even paid off by people who can withhold their pay or pay workers less than they expect to receive in order to force them to commit crimes.

There have been very few reports of kidnapping on ships made to the Federal Bureau of Investigation in recent years, but many go missing, and family members, like Kendall “Ken” Carver, are left to pick up the pieces.

Mr. Carver’s daughter, Merrian, is one of those missing people, and tragedy struck on board a cruise to Alaska. More about that is below.

How Many People Go Missing on Cruise Ships? – The Start of the International Cruise Victims Association

Nearly 300 people have gone overboard or missing on cruises and ferries since 2000. According to a report released by the Cruise Lines International Association in 2016, approximately 19 people fall overboard every year when on a ferry or ship.

These figures are what the report says over time, but if you or your loved ones have an injury on a cruise ship or a case of a loved one disappearing, you need legal representation that will bring justice to you.

We have done it at Ehline Law Firm and are willing to do it again for you. We have worked with the International Cruise Victims Association for better legislation covering the cruise industry.

The International Cruise Victims Association (ICV) is an organization focused on representing the victims of crime on cruise ships, their families and friends, and individuals who are worried about the crimes that may occur on a cruise ship.

With hundreds of members, the group works to bring legal reform to protect passengers on cruises from crimes, focus on the rights of people who became victims of cruise ship crimes and provide support to victims of crimes occurring on cruise ships.

The organization’s goal is to contribute to growing a cruise industry where passengers and crew members are safe and secure from victimization while onboard a cruise ship.

After Merrian disappeared from a Celebrity Cruise Lines ship off Alaska’s shore in 2004, her father, Kendall Carver, became a tireless campaigner on behalf of the victims of crime and disappearance on ships. Ken became the founder of International Cruise Victims (ICV).

Kendall Carver, upper right, prepared the lobbying volunteers to argue on behalf of a strengthened Cruise Ship Safety Act.

In 2005, in a T.V. interview, Mr. Carver narrated how sad it is to lose a family member while on a cruise by saying.

“We’ve learned that if something happens on a cruise, you are on your own.”

Michael Ehline and Ken Carver of ICV discussing passenger lobbying resources/services

No other parents should ever have to go through the crap we’ve been through. We don’t know if Merrian is alive or dead. We don’t know if there was an accident or murder or suicide or something else… It is a sad story.”

He and our founder, Michael Ehline, have campaigned for cruise ship safety of passengers and, ultimately, lobbied Congress to enact the Cruise Vessel Security and Safety Act of 2010.

This legislation has made the cruise lines disclose missing passengers, report crimes on a cruise, and express the need for ships to have equipment such as rape kits for passengers and anti-retroviral medications in addition to the automatic man overboard systems, which are now supposed to be used when out to sea should any passengers fall overboard.

How Can Ehline Law Firm Continue Helping International Cruise Victims?

Michael Ehline has been instrumental in getting legislation to enact the cruise vessel security and safety act of 2010 alongside the International Cruise Victims association led by the late Ken Carver. This service on behalf of future passengers was pro bono by Michael Ehline of the Ehline Law Firm.

Ehline Law Firm has won many other lawsuits against cruise ships and their companies for disappearances, sexual assault, and many more. We offer a free initial consultation with you and evaluate your potential case. We do not charge you any legal fee unless we score a financial recovery for you. Call today at (213) 596-9642.

Los Angeles Cruise Ship Lawyer, Michael Ehline

What Are The World’s Most Dangerous Cruise Ports in 2023?

Written by Michael Ehline on November 11, 2022. Posted in Cruise Accident Blog.

Shore excursions remain one of the largest causes of accidents on a cruise trip, and those who decide to partake in activities at cruise ports must be extra careful of their surroundings.

Even after learning local customs and basic safety, you can never be as safe at home as you are at the beautiful beaches of exotic, faraway shores. Criminal activity abounds anywhere there are American tourists.

You can’t even be sure about freelance taxis, especially an unescorted female (sexual assault is common with foreign taxis, even in daylight hours).

Armed robberies, human trafficking, terror attacks, suicide bombers, taxi cab rapes, and civil unrest are all possible along the Ivory Coast, Virgin Islands, and many other places.

Petty crimes against specifically targeted cruise ship passengers are par for the cruise ship shore excursion course.

As will be discussed, certain cruise ports (Sulu sea, Rio De Janeiro) are where one must exercise even more caution and remain vigilant at all times to avoid any mishaps or violent crime that may occur.

Pirate attacks and gang wars are just part of the security situation you should learn about from the U.S. Department of Consular affairs before traveling.

Ehline Law are Experts at Suing Cruise Lines – Call Now

Families on a cruise ship implement different security tactics and follow the best safety trips, but what about dangerous cruise ports? The United States State Department has issued a security and safety warning for several cruise ports and labeled them the most difficult.

Cruise Lines Traveling to Dangerous Cruise Ports

There are many different and dangerous cruise ports across the world that cruise lines travel to yearly.

Here is a list of some of the ports and what they are notorious for:

Roatan and Bay islands are part of the Caribbean islands that are a top destination for travelers and vacationers around the world. However, these two islands from the group are dangerous due to the increased crime rates. Armed robbery, sexual assaults, rapes, and murders are unchecked crimes on these islands. Coxen Hole, where cruise ships dock, has significantly more crime than other areas on these islands, so exert extra caution when partaking in activities.
Margarita Island, in Venezuela, is one of many cruise destinations travelers have on their bucket list for its sheer beauty. Venezuela is a dangerous country known for its increased criminal activities; however, in 2016, the country’s capital became the most violent city in the entire world. Although Margarita Island is 30 minutes from the country’s capital, where most violent crimes occur, one must still ensure personal safety when roaming around the island and the port area. Southwest of the Philippines is Mindanao, for which the U.S. State Department has issued several travel warnings for the U.S.
Cruise passengers in the area near the cruise port in Mindanao are well known for kidnappings for ransom.
El Salvador has started gaining recognition among tourists as one of the most beautiful places on Earth. However, it is also identified as the “Murder Capital of the World.” Although Acjulta, the popular cruise port city where all cruises dock, is relatively safer than other parts of the country, one must still exercise extreme caution and be aware of their surroundings when walking around the port city.
Mexico is a great destination; significant cruise lines travel to it due to the high demand. However, one must always remain vigilant when docking at Quintana Roo. The area is notorious for shootings, assassinations, terrorist attacks, and organized crime.
Colombia has also become a major vacationing destination for many travelers but be aware when roaming around Cartagena, one of the port cities of Columbia. Although there is not much crime in Cartagena, the drug trafficking problem in the country spreads to these ports from where cocaine gets transported.

Safety Tips for Cruise Passengers

When traveling to destinations that may not be safe or have dangerous ports, you should travel in a group rather than alone. Even if you’re on the cruise alone, avoid roaming around alone in such port cities due to the increased violence, as crimes in some areas target tourists. Be part of a group of travelers and stay together to avoid mishaps.

Ensure you’re not carrying too much cash or valuables in these most dangerous maritime areas. If you’ve rented a vehicle, keep the doors locked and the car windows up all the time. According to the U.S. State Department, make sure that you don’t disclose your travel plans to anyone.

Some of these dangerous countries have criminal activities and the spread of different but deadly viruses. Ensure you have all your vaccinations done before heading to any country with such diseases or viruses.

Contact Los Angeles Cruise Ships Attorneys Today!

If you’ve had an injury on a cruise ship or lost someone due to the cruise line’s negligence, contact Ehline Law today for your case assessment. Ehline Law is a personal injury law firm located in California, providing legal services to Los Angeles, Hermosa, Beverly Hills, and many more nearby areas. Our Los Angeles cruise ship attorneys have the right experience to assess your case, determine your claims, and protect your legal rights.

Our lawyers have the right resources to start the investigation on your case, collect key evidence, and prove the negligence of the cruise lines. Our expert attorneys have experience proving breach of duty of care and have recovered more than $150 million in compensation for our clients.

Contact us at (213) 596-9642 and get a free consultation with our attorneys today. We will give you the right legal representation to help you get out of these tough and dark times.

Long Beach Cruise Law Attorneys Long Beach Cruise Law Attorneys Long Beach Cruise Law Attorneys Long Beach Cruise Law Attorneys

How to Sue a Cruise Line | Bailing Out Sinking Claims

Written by Michael Ehline on November 11, 2022. Posted in Sea Admiralty Maritime Accidents.

Many more people are traveling on cruise ships to experience luxury on the water than ever before and with crowds comes increased chances of accidents, injuries, and more.

Although cruise lines offer luxury experiences on large boats, the cruise industry is notorious for sexual assaults, accidents, rape, and more. These injuries lead to physical harm and emotional trauma, which can stay with the passenger victim for a long time.

If you’ve had a cruise ship accident or your loved one has gone missing, contact our Los Angeles cruise ship attorneys today to review your case and file claims.

Types of Cruise Ship Accidents a Person May Have

Different types of accidents may happen on a cruise ship, and some of them include:

Swimming pool accidents
Food poisoning
Drowning
Activity injuries
Sexual assault and rapes at sea
Accidents due to negligence
And many more.

Where Should You File a Cruise Ship Lawsuit?

A cruise ship ticket dictates the terms and conditions for passengers to file lawsuits if they wish; it is best to read the fine print on the ticket to understand your rights. Since cruise ships travel across the world, the ticket will also mention the location where you can file for lawsuits.

Filing a lawsuit against cruise companies in places not mentioned in your ticket may result in a dismissal of the case. Your ticket is a passenger contract, and you must follow the guideline set by lawyers to make the terms and conditions for cruise companies. The venue selection clause is enforceable by law even in the United States, which makes it hard for a victim to bring a lawsuit against a cruise line or the parent company.

Do You Have to Travel to the Destination Where You Filed the Suit?

Since the ticket dictates where to file legal action against the cruise company, you must head to that place if you wish to file a suit. Mediation of the case before trial will also require you to travel to the destination mentioned on your cruise ticket.

However, if you’re undergoing medical treatment or, due to old age, can not safely travel, you can avoid traveling to file the suit. In such situations, a Los Angeles cruise ship attorney can guide you better.

When Should Cruise Ship Injury Victims File Claims?

Just like any lawsuit, you need to file it within the law’s window and act quickly as you only have one year following the event, so any claim or suit after the window period will automatically result in a dismissal. However, there are certain exceptions to this.

Although according to cruise lines and the ticket, passengers have a year to file claims, the federal statute of limitations allows three years for maritime negligence in certain situations where minors, incompetent passengers, and families who have lost their loved ones to injuries due to the failure of the cruise ship or crew members get involved. The period, in this case, does not start until the appointment of a legal representative by the court.

Do You Need to Inform Cruise Lines about Your Intent to File for Damages?

Your ticket may explain all the provisions and whether you must inform the cruise line of your intent to file a suit. If the key mentions that you need to tell the cruise company, you may have a short time to notify the company when filing a claim. It is best to consult Los Angeles cruise ship attorneys to know your legal rights before informing the company.

How to Determine the Worth of Your Case?

There is no particular way to calculate your claims or the value of your case. Everything depends on different factors and will vary on a case-by-case basis; however, some of the factors that impact the worth of an issue are as follows:

Nature of the case
Type of injury
The evidence collected
Physical and emotional trauma
Any lost wages or lost income
Medical bills (current and future)
Treatment costs
And more depending on the case.

An experienced Los Angeles cruise ship attorney can help you determine claims as they have access to medical experts, investigative teams, and the right resources in the legal space.

Contact Ehline Law and our Los Angeles Cruise ship attorneys at (213) 596-9642 for an assessment of your case. Going against a cruise line is challenging, especially when the laws that govern this industry are vague and riddled with loopholes. However, having a qualified and experienced cruise ship lawyer can increase your chances of getting the compensation you deserve.

Ehline Law is a leading personal injury law firm operating in California and has tremendous experience dealing with cruise ship cases and more. Our Los Angeles injury attorneys have recovered more than $150 million in compensation and have helped over 3,000 clients since our inception. We understand the challenging situation you’re going through so let us stand with you in such challenging times, Call us or visit us and get a free consultation on your case today!