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Month: June 2023

Can a US Citizen Sue for a Bahamas Cruise Ship Shark Attack?

 

With sincerest condolences, we report on the viral social media video depicting a shark attack on 18-year-old Cameron Robbins. This article by Los Angeles cruise ship lawyer Michael Ehline intends to determine the rights of the surviving loved ones to pursue compensation, from whom, and where. He remains a missing U.S. citizen from Baton Rouge who was on a celebratory trip in the Bahamas with his classmates. The footage, taken by fellow students, has been viewed over 10 million times on Twitter. It allegedly captures the moment Robbins is pulled underwater by a shark after leaping off a cruise ship, Blackbeard’s Revenge Sunset Cruise, near Nassau, Bahamas.

“The incident occurred on May 24, 2023, around 11:30 P.M. in the evening, during a sunset cruise aboard the Blackbeard’s Revenge near the uninhabited Atol Island. The blurry, dark footage shows people screaming, yelling at him, and even throwing him a much-needed buoy. Other passengers yell, “Bye,” as he vanishes beneath the dark ocean northeast of Nassau.”The incident occurred on May 24, 2023, around 11:30 P.M. in the evening, during a sunset cruise aboard the Blackbeard’s Revenge near the uninhabited Atol Island. The blurry, dark footage shows people screaming, yelling at him, and even throwing him a much-needed buoy. Other passengers yell, “Bye,” as he vanishes beneath the dark ocean northeast of Nassau.

Watch the Tik Tok Video Here

@_kimbra_ ⚠️TRIGGER WARNING ⚠️ Cameron Robbins, 18, was dared to jump off the cruise ship he was on. he disappeared into the water and has yet to be found. They called off the search today 5/28/22 prayers to his family, friends, classmates, and all who are affected. #batonrouge #cruiseship #cameronrobbins ♬ original sound – Kímbra

“This kid f–king jumped off! Oh my f–king God! Oh, shut the f–k up! Oh, bye, bye!”

Blackbeard’s Revenge Sunset Cruise is not a typical cruise line and is, instead, the majority are typically theme-based, two-hour non-refundable cruises on a replica pirate ship.

According to their website, they are owned by Pirate’s Revenge Ltd., located at Dowdeswell Street, P.O. Box EE17590 Nassau Bahamas Office: [242] 818-AHOY (2469) info@blackbeardsrevenge.com.

Initially, a search party was launched, with assistance from the United States Coast Guard and the Royal Bahamas Defence Force. However, on May 27, the search was concluded without locating Robbins in a 350-mile search radius.

The video revealed a lot of reactions from fellow cruise ship guests who expressed shock and panic as Robbins was dragged below the water’s surface and what they perceived.

Some individuals on the ship can be heard urging Robbins to swim towards a lifesaver ring thrown overboard, but he appears to float in the opposite direction.

Cameron Robbins and Probability of Shark Attacks Where He Jumped?

While the United States Coast Guard’s press release did not confirm a shark attack, Commodore Raymond King of the Royal Bahamas Defence Force spoke to the media during the search. He mentioned the possibility of such an attack. Commodore King acknowledged that the chances of survival diminish significantly when a person is incredibly intoxicated without a life vest. He also noted that the area where Robbins reportedly jumped overboard is known to have a significant shark population over the last few years or more. Hence chances of survival decrease significantly every second someone is in the water, in this case, with Bull Sharks. So far, it looks like a case of terrible judgment with no people capable of rescuing him in time.

Do Sharks Follow Cruise Ships?

Sharks do not typically follow cruise ships intentionally or as normal behavior. While it is true that sharks are present in the ocean, their movements and behaviors are influenced by various factors such as food availability, water temperature, and their natural habitat. It is important to note that the presence of sharks in the vicinity of a cruise ship is rare, and encounters between sharks and cruise ships are incredibly uncommon.

The International Shark Attack File, a database documenting shark attacks worldwide, indicates that since 1949, 32 shark attacks have been reported in the Bahamas—the highest number in the region.

Sharks are often found in specific habitats where their prey resides, such as near reefs, shoals of fish, or areas with a high concentration of marine life. On the other hand, cruise ships follow designated routes and typically avoid areas with known shark activity or shallow waters where sharks may be more commonly found, which is hard to do near Atol Island, with abundant marine life. Rose Island has gotten so bad it has been closed to snorkelers indefinitely. Cuba follows with 13 reported attacks, and Puerto Rico ranks third with 11.

Cruise passengers must prioritize safety and take precautions when engaging in water activities, including those associated with cruise ship travel. Cruise lines generally have safety protocols and guidelines to minimize the risk of shark encounters and ensure passenger safety during water-related excursions or activities.

If you want to continue on a cruise knowing this, wear a life vest when on deck, and update yourself on the problem of surviving among the various types of sharks. Despite the efforts of search teams, which utilized drones, divers, and air assets from the coast guard, Robbins has not been found.

Without a Life Vest, the Chances of Survival are Significantly Lower

According to Commodore Raymond King of the Royal Bahamas Defence Force, the chances of survival are significantly lower for individuals who do not wear a life vest or are intoxicated. He stated that without such safety equipment, the likelihood of mortality increases. Unfortunately, the family has lost hope in finding Robbins due to these factors and the inclement weather conditions the night before the incident. The adverse weather conditions pose an additional challenge in the search efforts.

It’s important to note that the information provided here describes a hypothetical scenario based on your provided details. For accurate and up-to-date information regarding specific incidents or legal matters, it is best to refer to reliable news sources or consult legal professionals familiar with the relevant jurisdictions and laws.

If a U.S. citizen experiences a shark attack while on a cruise ship in the Bahamas, they may have the option to sue for damages.

If There Was a Lifeboat, Could a Shark Tip It Over?

It is doubtful for a shark to tip over a lifeboat. Lifeboats are designed to be stable and buoyant in the water, even in challenging conditions. They are built to withstand rough seas and maintain stability, even if external forces are acting on them.

Sharks, while powerful creatures, do not typically possess the ability or behavior to tip over a lifeboat intentionally. They are more likely to be curious about their surroundings and may investigate objects in the water. Still, they are not known for deliberately attacking or attempting to capsize large vessels or lifeboats.

However, it is essential to remember that every situation can be unique, and there can always be unexpected circumstances. A shark colliding with a lifeboat could cause disruption or distress, but it would not be sure to capsize the boat.

Suppose you find yourself in a situation where you are in a lifeboat or any small vessel and encounter a shark. In that case, it is essential to remain calm, avoid sudden movements or loud noises, and follow crew or safety personnel instructions. Maintaining a safe distance and allowing the shark to swim away independently is typically the recommended course of action.

However, several factors can affect the outcome and jurisdiction of such a lawsuit. Here are a few key considerations:

Jurisdiction

Determining the lawsuit’s jurisdiction against this 500-ton Spanish Galleon replica can be complex. It depends on factors such as the location of the incident, the cruise ship’s flag state, and the terms and conditions outlined in the cruise ticket. Here, it appears Disney and Royal Caribbean have some control over the booking of the ship. If that’s the case, then the case would be brought in Miami, Florida. But it could be that the claim must be filed in the Bahamas or even other countries. We still need additional evidence, like a copy of the passage contract. For now, this calls for speculation. However, it’s worth noting that civil cases filed in Louisiana are brought under French Civil Law, which differs from the other US States.

Maritime Law

Maritime or admiralty law governs legal disputes related to naval activities, including cruise ship accidents. This area of law can be intricate and may involve specific rules and regulations, including an understanding of the Jones Act. It remains crucial to consult a cruise ship attorney well-versed in admiralty-maritime law to understand the legal aspects of unfortunate shark attacks and missing at-sea cases.

Liability and Negligence

To pursue a successful lawsuit, it is generally necessary to establish that the cruise ship operator or another party was negligent or at fault for the shark attack. This might involve demonstrating inadequate safety measures, failure to warn passengers about potential risks, or other forms of negligence. For example, liability would attach if the cruise ship or any other agents or assigns were aware of the previous snorkeling shark attack in waters off nearby Rose Island and allowed passengers to jump into the water. But that does not appear to be the case here in this emotional case involving shark-infested seas last Wednesday.

Cruise Ticket Terms and Conditions

When passengers purchase tickets for a cruise, they often agree to specific terms and conditions. These may include liability and dispute resolution provisions, potentially affecting the ability to sue or the jurisdiction where a lawsuit can be filed if lives are lost. Reviewing the ticket’s terms and consulting an attorney to understand the legal implications is essential to all on board and seeking assistance.

Can The Parents Sue Disney for a Blackbeard’s Revenge Cruise Accident?

According to their Facebook Page here, this ship is purportedly offered as part of a cruise package by Disney Cruise Line. Port Adventures are classified as shore excursions or activities offered by Disney Cruise Line to enhance the guest experience during port stops. However, these Port Adventures are operated by independent contractors who are not under the direct supervision or control of Disney Cruise Line. Other websites claim the ship is part of the Royal Caribbean line of companies.

Assuming it was Disney, Disney Cruise Line clarifies that they do not maintain the facilities or transportation used for these Port Adventures. As a result, Disney Cruise Line claims it holds no responsibility for any injuries, property damage, or loss that guests may experience in connection with a Port Adventure or their crew members, even if an attack occurred in shark-infested waters. Even if they could be held liable, if the facts are actual, that he jumped, swam away from the life preserver, and protocols were followed, it would be near impossible to prove liability, let alone damages.

For specific details and information regarding Port Adventures or the Disney Cruise Line Cruise Contract, it is advisable to consult the official Disney Cruise Line website, contact their customer service, or refer to the contract and documentation provided by Disney Cruise Line directly. We could not get a copy of the agreement online, and Disney has not returned our calls.

Can the Survivors Sue Royal Caribbean?

It appears there is a similar arrangement between Royal Caribbean and the Pirate Tour. RC advertises the kid-friendly boat tour; Blackbeard’s Pirate Revenge takes guests around Nassau in an 18th-century pirate ship replica. They also state the boat’s crew are dressed as pirates who tell pirate tales, share history, and provide an immersive experience for guests onboard. So, assuming they are involved, the same issues above would be at play here.

Can The Surviving Family Sue Atlantis Paradise Resort?

“Assuming the resort arranged some shore excursion or was in a joint venture with the cruise lines, there may be liability here. However, the same issues will be present whether jumping in the water voluntarily was inherently dangerous, violating the passage contract, etc. If sharks attacked him, the hotel would likely argue even if they were in a vicarious relationship; Cameron Robbins knew his”dare” jump meant he could be killed. Swimming away from the life buoy thrown to save him could also indicate an attempted suicide, which could be a defense against any claims brought by the family of the missing Louisiana teen.”Assuming the resort arranged some shore excursion or was in a joint venture with the cruise lines, there may be liability here. However, the same issues will be present whether jumping in the water voluntarily was inherently dangerous, violating the passage contract, etc. If sharks attacked him, the hotel would likely argue even if they were in a vicarious relationship; Cameron Robbins knew his “dare” jump meant he could be killed. Swimming away from the life buoy thrown to save him could also indicate an attempted suicide, which could be a defense against any claims brought by the family of the missing Louisiana teen.

Can Cameron’s Family Sue the School?

Allegedly, the trip was not a school-sanctioned event. But if there is evidence of control by Baton Rouge’s University Laboratory School, the family could still sue. The issue will boil down to the assumption of the risk. If young Cameron Robbins knew or should have known, jumping into dark waters with no life preserver was dangerous. Most reasonable passengers would probably give you their last words, as they could be killed. Things could change if the US Coast Guard finds he was pushed or thrown over due to the Captain’s negligence or some act or omission by the school not present in these facts. There is no case against the school, even though it seems to be a classmate-related function. But the parents should not lose hope if the incident happened or was made worse due to an act or omission by the responsible cruise line, apparently, Pirate’s Revenge Ltd.

Can They Sue Pirate’s Revenge Ltd? For Wrongful Death, and If So, Where?

The parents and other survivors could argue that there should have been a man overboard system or another way to reevaluate and find him. After all, it’s foreseeable a passenger could jump or fall into the not-so-murky waters where Cameron Robbins disappeared. If protocols allow snorkeling or diving from the ship in shark-infested waters, that could also subject both boat and crew to legal liability, depending on the jurisdiction and venue.

“The facts show that the:”… crew executed the man overboard” protocol in line with all approved safety procedures and company policies to ensure the best chance of retrieving an individual who has gone overboard.” (Source.)”The facts show that the: “… crew executed the ‘man overboard’ protocol in line with all approved safety procedures and company policies to ensure the best chance of retrieving an individual who has gone overboard.” (Source.)

Damages

If a lawsuit is successful, the injured party may seek compensation for various damages, such as medical expenses, pain and suffering, lost wages, and other related costs. The specific injuries that can be claimed may vary depending on the jurisdiction and the case circumstances. Again, it is crucial to consult with a cruise ship accident attorney specializing in maritime or wrongful death law to get accurate and tailored advice based on your situation. Ehline Law Firm has vast experience handling missing at-sea cases, and we can help you preserve your claim.

Our team of world-class lawyers can guide the relevant laws, jurisdictional issues, and the strength of your potential case. If you seek counsel or want to form an attorney-client relationship to recover money for pain, suffering. medical expenses, and lost wages, contact us today by dialing (213) 596-9642. We are standing by 24/7 to help with your critical legal matters.