Year: 2022

Before the ongoing pandemic, pirate attacks were a huge concern for passengers aboard a cruise ship. The pirate attacks have fallen, and the pirate fairy tales have faded over the years, but it remains a threat to passengers in the modern day.

A pirate attack on a ship happens more often than you would think. However, now more pirates are attacking cruise ships rather than cargo ships.

Most cases happen in the Gulf of Aden, Somalia, parts of Asia, the Red Sea, and more, with a country’s State Department constantly issuing travel warnings for such events.

Have You Been on One of the Ships Attacked by Pirates? Call Ehline Law

• What Is Modern Piracy?
• How Common Is a Pirate Threat on a Cruise Ship?
• Do Cruise Lines Follow Any Law to Protect Passengers from Pirate Attacks?

We’ve seen recent movies like “Captain Phillips,” where Somali pirates capture a ship near the Somali coast; however, these are just movies. What about real life? And do cruise ships protect their passengers today in case of a pirate attack?

What Is Modern Piracy?

Gone are the days when pirates took over a cargo ship with swords and skills. Piracy has become a multi-billion dollar business run by organized crime syndicates. Cruise ship passengers have millions of dollars onboard in cash, valuables, and other assets that pirates are interested in. The amount gets split among the echelons of the crime group, with each pirate receiving around $30,000 to $75,000 for the hijacking.

How Common Is a Pirate Threat on a Cruise Ship?

Pirates were famous for taking control of cargo vessels with their AK-47s and angry young men with hot-tempered attitudes; however, over the years, their focus has turned towards cruise ships.

There have been six reported incidents of pirates attempting to board ships, mainly cruise ships, in the last decade. Let’s look at these details to determine the intensity of these attacks.

• In 2005, pirates made an unsuccessful attempt by using machine guns and rocket-propelled grenades on Seabourn Spirit, a cruise ship passing in the area just 100 miles away from the coast of Somalia. That rocket-propelled grenade attack failed thanks to the efforts of the security team.
• In 2008, Le Pont, a french luxury cruise liner, became hostage to pirates after evasive maneuvers failed. Fortunately, there were no passengers on the ship, only crew members who got released after the cruise line paid the ransom.
• In 2008, during the same month as the Le Pont incident, pirates approached Ocean’s Nautica. However, they could not hijack the ship as the cruise ship had all the equipment to ward off a pirate attack.
• In 2009, pirates attempted to capture MSC Melody. Passengers over the ship noticed the pirates making their way to the boat and alerted the cabin crew while throwing deck chairs at them to stall their climb to the ship. The pirates fired at the passengers, but no one got seriously injured. The ship’s captain made sharp turns while the Israeli security officers ensured none of the pirates made their way to the decks causing them to flee eventually.
• In 2011, Spirit of Adventure was riding over the Indian Ocean when the captain of the ship noticed a group of pirates in pursuit of the ship. Luckily, the boat had enough horsepower to speed up and leave the pirates behind, so the attack failed.
• In 2012, pirates attacked the Azmara Journey while in their small ships, but the crew and the passengers used tactics to scare the pirates. Some even reported that the crew members aboard the particular ship fired three flares.

These six cruise ships attacked by pirates with automatic weapons may not weigh in comparison to pirates attempting to hijack fishing boats, cargo ships, and other non-passenger vessels. But they clearly are a huge concern for passengers aboard cruise liners. Sonic waves and newer methods are now being used, with limited success at evading pirate activity on the high seas.

Do Cruise Lines Follow Any Law to Protect Passengers from Pirate Attacks?

There is no particular law in place that cruise lines must follow to ensure the safety of their passengers from pirate attacks. However, International Maritime Organization suggests some tactics to evade pirate attacks and ransom paid for terrorist attacks.

• Ships must train their staff and crew members on dealing with pirate attacks by having a systemic plan that they must follow; even the warning shots are fired.
• Technological tools must be present on the ship for crew members to use and alert the staff and passengers on any upcoming pirate ships. These tools may include long-range acoustic devices, night vision devices, water cannons, and barbed wires for security.
• Ships must sail with all their lights closed to avoid any attention on dangerous waters; however, if the boat gets detected by pirates, the crew members must turn on all the lights to deter any pirate attacks and let them know the crew is ready for them.
• Fire hoses with tremendous water pressure can deter pirates in a boat heading to a cruise ship.
• Depending on the navigational capabilities of the ship, the captain can use heavy wheel movements to create enough force in the waves to ward off small pirate ships.

Some cruise lines take security measures seriously and get information and insights on the situation at sea from tracking companies and maritime information.

These cruise lines also have security officers aboard the ship who are always looking for suspicious movements in the sea. Blogger, Anastasia Tyler reported that during her cruise, two well-equipped snipers were on board her craft to fight off attackers from boarding illegally. Our Los Angeles personal injury attorneys will explain everything when you receive your free consultation.

Call Ehline Law for Assistance

Pirates are a concern for passengers. However, a more significant problem is the negligence of cruise lines, which causes multiple accidents yearly. Contact Ehline Law and our Los Angeles cruise ship attorneys at (213) 596-9642 if you’ve gotten injured on a cruise ship and are seeking legal help!

Princess Cruise Line, a Carnival Cruise Lines subsidiary, has California headquarters. The cruise line has a fleet of 18 large cruise ships catering to American and international markets.

The company is one of the largest cruise companies in the world. It has more than 30,000 employees and reports revenues above $5 billion annually.

The cruise company provides some of the best luxurious cruise experiences there are. Unfortunately, it has also had its fair share of negative publicity.

Don’t Let These Cruise Companies Take Advantage of Your Family. Call Ehline Law.

The company has often come under the spotlight many times for criminal activities aboard its cruise ships.

Due to opaque laws, the cruise industry has always gotten away with lawsuits and legal action. However, the rules finally caught on to the Carnival Corporation in 2019 when it compromised on environmental excellence.

Contact Ehline Law and our Los Angeles cruise ship attorneys to pursue legal action if you’ve gotten injured on a cruise.

Princess Cruise Sentenced for Environmental Violations Probation

In April 2017, the cruise line (Caribbean Princess cruise ship) was charged with intentionally dumping oil-contaminated waste into the waters. They had also covered the incident by falsifying records. However, after the company realized the law had caught on to them, they pleaded guilty to the felony charges.

“This case demonstrates the importance of identifying and correcting compliance problems at their source.” (Assistant Attorney General Jeffrey Bossert Clark – Environment and Natural Resources Division, U.S. DOJ.).

The company had to pay $40 million in fines, the largest ever in place against the cruise industry history. The sentence received also included a five-year probation time period to monitor their activities to avoid further violations. They also had to follow the supervised environmental compliance plan.

However, on June 3rd, 2019, the company got sentenced for violating environmental probation. Public information shows company leadership was forced to acknowledge violations. After listening to the charges, the corporation pleaded guilty again, admitting six environmental probation violations. As you’ll recall, the first violation occurred in 2017, for which it got fined $40 million. I don’t think this disposes of the matter entirely.

The company stated on record that it had interfered with the officials the government had sent for independent inspections on two occasions. Upon finding out, U.S. District Court Judge Patricia Seitz warned the Princess Cruise Lines.

He ordered more analysis inspections to ensure compliance during probation and that environmental rights remain protected under the plea agreement.

The U.S. Department of Justice stated: “A corporation is responsible to its shareholders and board of directors to be profitable, but not by breaking the law and destroying the very environment in which it navigates for profit.” (U.S. Attorney Ariana Fajardo Orshan – Southern District of Florida). Carnival faces fines of up to $ million per day if they fail to comply with deadlines or engage in future violations.

The tragedy lies in the business going above and beyond to avoid and cover up the problems rather than resolve them. Instead of learning from its mistakes, Carnival Corp sought to hide such problems, forcing a large settlement and fines to the damaged parties failing to obey.

After the court’s order protecting the environment, the company stated that the Carnival Corporation remains committed to avoiding compliance problems and following the best practices, subject to judicial oversight.

They even admitted four additional violations to federal prosecutors at the Justice Department, including pleading guilty to charges of illegal dumping that will pollute the seas.

These violations include the following:

• Unable to assign a compliance manager to follow the environmental compliance plan
• Asking the U.S. Coast Guard to re-define what non-conformity under ECP meant when the company had already got its proposals rejected by the government
• Falsifying environmental training records on two different cruise ships intentionally.
• Discharging waste in Bahamian waters and understating the illegal discharges in the reports

Carnival sought to minimize the court’s supervision by agreeing to new environmental measures. We even saw corporate bigwigs personally pledge to end the major non-conformities by making major changes in policy with Princess Cruises and Carnival.

We’ll see if they continue violating reporting requirements with independent audits. Even when senior management pledges they will be correcting compliance problems, many international cruise victims won’t be holding their breath.

Marine life harmed by this case demonstrates the tradition and history of cruise lines placing profits over people and our environment. The oily waste and other non-food waste left in our oceans, including plastic, have yet to do all their toxic pollution damage.

Further investigation and satellite photos will show how destructive these vessels’ discharged trash patterns are from the Bahamas to Miami, Florida.

Punishment for Further Violations

Although the company was under supervision after getting fined $40 million, Carnival’s deliberate deception undermined such probation leading the court to fine an additional $20 million.

Due to the numerous violations and the previous criminal conviction (environmental crimes), the court asked the company to do the following:

• Pay the additional $20 million fine
• Ensure that a company notice gets circulated to all employees, letting them know that management takes full responsibility for the environmental incident and further violations
• Restructure the company’s compliance processes and policies, ensuring a new compliance head, a new compliance director as part of the board, and training for all their board members on compliance
• Meet the deadlines or face daily fines of $10 million
• Conduct additional 15 independent audits by the third party and oversight by a court-appointed monitor
• Comply with new requirements
• Change its waste management systems and process aboard all the cruise ships as part of the environmental measures required.

All these additional punishments resulted from the probation violation, and Judge Seitz gave another three years of probation.

This trash dumping is not Carnival Cruise’s first rodeo, and this practice has continued since 1993. However, it is surprising that one of the company’s employees, in 2013, reported the company’s malpractices where the ship’s waste pipe had direct access to the sea without the waste getting treated onboard.

Judge Seitz stood firm in her belief that cruise ships must be accountable for all the damages they cause. She threatened the firm that she would not allow access to U.S. ports for docking. Such legal measures pushed the company to disclose all the violations and agree to ensure that these illegal practices stop in the future.

Contact Ehline Law Cruise Ships Attorneys

From the case above, you would’ve realized how cruise ship common carriers get away with many things until severe legal action follows. This is an incident of environmental violations, but what about the cases where individuals get involved?

Cruise lines use the lax laws concerning the cruise industry to get away from claims and avoid getting the heat of strict liability for any criminal activity on their ships. If you’ve gotten hurt or lost someone at sea, contact us at (213) 596-9642 to talk to our expert cruise ship attorneys today and get a free consultation!

Cruise lines are one of the country’s largest GDP contributors; in 2019, the cruise industry contributed more than $55 billion in economic activity.

This is more than a 5% increase since 2018 figures, suggesting that cruise companies are growing at a faster rate than anticipated.

As these companies get bigger, their control or power over bills and legislation becomes stronger.

When individuals get injured, they get personal injury lawyers to file claims from the insurer and get compensation for their loss. However, taking money out from these cruise lines has become more challenging. Although some laws protect passengers’ rights aboard cruise ships, these laws seem to be very opaque. This is because the regulations just haven’t started taking shape yet.

Those expecting to get compensation for their losses or injuries on a cruise ship will often find themselves struggling against these behemoth travel companies, even if these companies are the ones at fault.

Cruise Companies Against Hammer Law Bill

Senator Deb Fischer introduced the Hammer Law, one of many bills that looks at providing more protection to families by expanding the parameters of compensation one can pursue. This bill, considered revolutionary, looked at changing how major cruise lines viewed lawsuits and settlement payouts.

The American Association for Justice stood with the lawyers and supported passing the bill. However, the bill got blocked by lobbyists backed by the powerful cruise industry and remains pending.

The centuries-old Death of the High Seas Act needed amendments too. This is because the current law under the act only requires that cruise ships compensate families or individuals for quantifiable financial law. This means that those looking for compensation can only seek it if their losses have an exact monetary value.

Senator Fischer, through his bill, wanted to give more protection to passengers aboard a cruise ship. But, the efforts of Fischer and other supporting attorneys never materialized.

A former Senator, Jay Rockefeller, supported Fischer’s bill, arguing that the cruise industry needs proper regulation. He stated that they treat their passengers recklessly without caring for their well-being. However, the Cruise Lines International Association shrugged off the comments made by the Senator. They said that his comments were careless and did not portray the right picture of the cruise industry.

The Cruise Lines International Association consisting of 50 cruise line companies, stated that cruise travel is the safest mode. They highlighted that while there are cases of accidents onboard, these have been reduced by 37% from 2009 to 2018.

What’s surprising is how these figures don’t tally with the government statistics showing an increase in crimes on cruise ships by 30%, from 90 to 120 in the same period.

The Cruise Industry Is Pouring Millions into Lobbying Laws Against Cruise Ships

In 2014, cruise companies successfully poured hundreds of thousands of dollars into lobbying for Rockefeller’s bill.

This is just one of many examples where cruise companies pump millions of dollars into lobbying laws that work against them. To put this in perspective, one of the largest cruise companies netted over $10 billion in revenue in 2019. Spending a couple of million to lobby acts has become part of their annual expenses to achieve such staggering revenue figures.

The active Cruise Industry Trade Group, which consists of the world’s most significant cruise lines from the US and other countries, has played a massive role in lobbying. They connect politicians with cruise company executives to give politicians donations for their campaigns. In 2014, in a successful attempt to block Rockefeller’s bill, the group spent more than a million dollars on lobbying expenses.

In 2019, the Carnival Cruise Line and the Royal Caribbean Cruises spent $400,000 and $357,000 in lobbying bills. However, these aren’t the only groups that spend money on lobbying. The American Association for Justice spent $1.35 million lobbying in favor of the bill, but their efforts were no match for the collective might of the cruise industry.

Perhaps, the most shocking thing is the information available on how much money cruise lines have paid Senators for lobbying.

The following contributions were some of the many contributions made to Senators:

• $14,300 to Sen. Richard Blumenthal – American Cruise Lines
• $10,700 to Sen. Maria Cantwell – Carnival Cruise Lines
• $13,500 to Sen. John Thune – Cruise Line Trade Group.

In 2020, Norwegian Cruise Line Holdings, Carnival Corp, and Royal Caribbean cruise line officials paid more than $40,000 to Fischer, Cantwell, and other Senators as the cruise companies sought to lobby the laws that would sink their teeth into these companies’ profits.

Although it is challenging to take legal action against cruise companies, it’s not impossible as Ehline Law has won several lawsuits for cruise ship passengers against cruise lines.

We will review your case and help you establish a legal ground for you to get the compensation you deserve. Let us help you and your family get out of these vulnerable and dark times by holding these companies responsible for the damage done! Contact Ehline Law at (213) 596-9642 to speak to one of our Los Angeles cruise ship lawyers today.

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.