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Author: Michael Ehline

Serious injury lawyer in California and Texas state.

13 Worst Cruise Lines By Injuries and Assaults – 2023 Picks

 

Although the sinking of the Titanic is widely considered among the worst cruise ship incident, as of 2023, there are many where more than one passenger was killed or maimed. At the outset, not all cruise ship disasters involved man overboard (MOBs) or drownings. Some involve mass disease transmission, being abandoned on a shore excursion, or being stranded at sea on casino cruises, often with endlessly flowing alcohol. In any event, not all cruise companies make it. Dream Cruises, a subsidiary of Genting Hong Kong, has struggled with its mega-ships cutting as it has flooded traditional cruise businesses. There is a proven formula to success, often leaving dissatisfied passengers full of fear in its wake.

This article by world-famous cruise ship lawyer Michael Ehline covers the 13 worst parent cruise lines. We included noteworthy incidents, including sinkings, fires, robbery, and sexual assaults on passengers by crew and others, as follows:

13 Worst Cruise Ship Incidents and Assaults in History By Cruise Line

Here are some of the notable worst cruise ship accidents and assaults in history and more:

1. Carnival Corporation & plc

Carnival is one of the largest cruise companies globally. Carnival also maintains a growing list of multiple brands under its umbrella, including Carnival Cruise Line, Princess Cruises, Holland America Line, and others. Carnival does a lot of business in United States ports and owns so many ships. Naturally, this billion-dollar corporation tops our list of worst cruise lines EVER.

2013 Carnival Triumph “Poop Cruise” (0 Dead)

Date: December 18, 2013

Dead and Injured: 0 Dead, Injured Unknown

Description: The Carnival Triumph experienced an engine fire in February 2013, leaving the ship adrift in the Gulf of Mexico on an eight-day nightmare cruise that was supposed to be four days. Although there were no fatalities, passengers endured challenging conditions due to raw sewage aboard until the ship was towed to port. (Passengers said carpets were soaked with more than two inches of raw sewage, and no air conditioning! (Gross.)

2010 Carnival Splendor Fire (0 Dead)

Date: November 8, 2010

Dead and Injured: Dead, Injured Unknown

Description: Dubbed “three days of hell,” the Carnival Splendor’s engine room caught on fire in November 2010, causing passengers to cope with unflushed toilets, bags of vomit, and only Spam to eat. Luckily, no one aboard was killed or seriously wounded, making this story an inconvenience and emotional turbulence.  

2006 Star Princess, Princess Cruises Fire (0 Dead)

Date: March 23, 2006

Dead and Injured: 0 Dead, Injured Unknown

Description: A fire broke out on the Star Princess in March 2006, resulting in one death and several injuries.

Costa Cruises, aka Carnival Corporation & plc

Costa Crociere S.p.A., or Costa Cruises, is an Italian cruise line that includes Costa Cruises Shipping Ways comma Cargo. Established in 1948, it has operated as a wholly owned subsidiary of Carnival Corporation & plc since 2000.

Costa Concordia while still afloat

2012 Costa Concordia: The Capsized One (32 Dead)

Date: January 2012

Dead and Injured: 32 Dead, Injured Unknown

Description: On January 13, 2012, the vessel Costa Concordia struck an underwater rock near Isola del Giglio island as it sailed too close to the shore. Captain Francesco Schettino decided to turn off the computer navigation alarm, believing he could navigate the waters without assistance. However, the absence of his glasses led to critical errors, and by the time he retrieved them, the damage was done, the ship ran aground on a treacherous reef. To make matters worse, it happened off the coast of Italy, ruining the vacations and lives of many families. Thirty-two passengers had tragically lost their lives, 64 others suffered injuries, and one missing person was never found, leaving families and friends in anguish.

The immense effort to salvage the Costa Concordia took a painstaking year and eight months to bring the ship upright again finally. Subsequently, another ten months of meticulous work were needed to transport the boat back to port, where it could be dismantled and salvaged. Read more here.

Cunard Line Owned by Carnival?

Yes. Cunard, pronounced as /ˈkjuːnɑːrd/, is a prominent British shipping and cruise line with its headquarters located at Carnival House in Southampton, England. It operates under Carnival UK and falls under the ownership of Carnival Corporation & plc.

Since 2011, Cunard and its fleet of three ships have been registered in Hamilton, Bermuda. This change in registration is a notable aspect of their operations.

Notable Cunard Line Accidents

RMS Lusitania Sinking

Date: May 7, 1915

Dead and Injured: 1,198 Dead, Injured Unknown

Description: RMS Lusitania, named after the Roman province corresponding to modern Portugal, was a remarkable British ocean liner launched by the Cunard Line in 1906. Notably, it earned the prestigious Blue Riband title for the fastest Atlantic crossing in 1908, holding this honor until the completion of the Mauretania three months later. At the time of her sinking, she had briefly held the title of the world’s largest passenger ship. Tragically, on her 202nd trans-Atlantic crossing, on May 7, 1915, a German U-boat sank the Lusitania 11 miles (18 km) off the western coast of Ireland. This devastating event claimed the lives of 1,198 passengers and crew members.

White Star Line is Now Carnival?

Yes. The now-defunct White Star Line, a British shipping company, emerged from the remnants of a defunct packet company. Through gradual growth and development, it established itself as one of the leading shipping companies globally, offering passenger and cargo services between the British Empire and the United States. Unlike many other lines prioritizing speed, White Star set itself apart by emphasizing comfortable and enjoyable journeys for upper- and lower-class travelers.

Merger with Cunard to Carnival: In 1934, White Star Line merged with its main competitor, Cunard Line, forming Cunard-White Star Line. Later, in 1950, Cunard acquired White Star’s share in the joint venture. Cunard continued as an independent entity until 2005 when it became part of Carnival Corporation & plc. Cunard ships still honor White Star Line’s legacy by using the term “White Star Service” to represent the company’s high standard of customer service.

Notable White Star Incidents

RMS Titanic underwater

1912 Sinking of the RMS Titanic (1,500 Dead)

Date: April 15, 1912

Dead and Injured: 1,500 Dead, Injured Unknown

Description: The subject of many movies, RMS Titanic, the so-called “unsinkable” British passenger liner operated by the White Star Line. Although the world-famous shipwright designed her, Thomas Andrews, she still sank in the North Atlantic Ocean on April 15, 1912, on her maiden voyage from Southampton, England, to New York City. After striking an iceberg, she lost over 1,500 lives out of the estimated 2,224 passengers and crew aboard, making it the deadliest sinking of a single ship up to that time. She remains the most fatal peacetime sinking of an ocean liner or cruise ship. The tragedy captured public attention, became a foundational theme in disaster films, and inspired numerous artistic works and news stories. Recently, a submersible imploded while diving on the sunken Titanic.

Seabourn Cruise Line, aka Carnival Corporation & Plc

Headquartered in Seattle, Washington, Seabonr is part of the renowned Carnival Corporation & plc.

2005 Seabourn Spirits Pirate Attack (0 Dead)

Date: November 5, 2005

Dead and Injured: 0 Dead, 1 Ghurkha Injured

Description: With 115 passengers onboard, Spirit was attacked by two speedboats filled with Somali pirates. They had been launched from a mother ship about 115 km off the coast of Somalia. The pirates fired machine guns and rocket-propelled grenades at the ship, but the crew responded with bravery and repelled the attackers. During the attack, no passengers were injured. Still, the ship’s master-at-arms, Som Bahadur Gurung, showed exceptional courage while trying to combat the raiders using a long-range acoustic device (LRAD). Gurung was hit by shrapnel during the encounter.

For their bravery and courage, security officer Michael Groves and Som Bahadur Gurung, an ex-Gurkha, were honored by Queen Elizabeth II at Buckingham Palace. Groves received the Queen’s Gallantry Medal, and Gurung received the Queen’s Commendation for Bravery. After the attack, the ship altered its course to Port Victoria in the Seychelles for repairs, deviating from the original plan to go to Mombasa in Kenya, sailing to Singapore. It was able to resume its original schedule later.

Royal Caribbean Ship

2. Royal Caribbean Group

Royal Caribbean is another major player in the cruise industry, owning brands like Royal Caribbean International, Celebrity Cruises, and Azamara. This is another cruise company that relies on US business.

Noteworthy Royal Caribbean Group Accidents

2006 Mariner of The Seas MOB Death (1 Dead)

Date: May 15, 2006

Dead and Injured: 1 Dead, Injured None

Description: In 2006, onboard the Royal Caribbean ship Mariner of The Seas, a tragic incident occurred when a young man named Daniel Dipiero went missing while on a cruise with his friends. It was reported that he fell off the ship’s side, and the investigation revealed that he had been served too much to drink. This unfortunate event served as a reminder of the importance of responsible alcohol service and safety measures on cruise ships to prevent such accidents.

2002 Royal Caribbean’s Explorer of the Seas Accident (0 Dead)

Date: September 19, 2002

Dead and Injured: 0 Dead, Injured Unknown

Description: En route from Florida to Bonaire, the liner suffered a fire in a store room on Deck 13. The fire produced heavy smoke and caused interior damage. The whole of Deck 13 and sections of Deck 12 were closed.

Celebrity Cruises, aka Royal Caribbean Group

Celebrity Cruises, a cruise line headquartered in Miami, Florida, is a wholly-owned subsidiary of the Royal Caribbean Group. The company’s origin traces back to 1988, when the Greece-based Chandris Group founded it. In 1997, Celebrity Cruises merged with Royal Caribbean Cruise Line, solidifying its position in the industry.

A distinctive feature of Celebrity Cruises is its signature logo, an “Χ” displayed on the funnel of their ships, which represents the Greek letter chi and stands for “Chandris,” paying homage to its founding group. The company’s Greek roots are reflected in its logo, adding a unique touch to its branding.

2010 Celebrity Mercury Norovirus Disaster

Date: February 2010

Dead and Injured: 0 Dead, 435 Injured

Description: In 2010, a harrowing norovirus outbreak struck the Celebrity Mercury cruise ship, affecting over 400 of the 2,600 passengers and crew onboard. The highly contagious virus spread rapidly, causing widespread illness and distress among those on the vessel. The Centers for Disease Control investigated the situation, identifying it as a norovirus outbreak.

In response to the crisis, the cruise line and health authorities swiftly implemented containment measures, isolating affected individuals and implementing rigorous sanitation protocols to prevent further spread. Medical staff onboard worked tirelessly to care for those afflicted while the crew diligently disinfected and sanitized all public areas to mitigate the risk of infection.

Despite the challenges, the resilience and collective efforts of the passengers, crew, and medical personnel allowed the situation to be managed effectively.

Pullmantur Cruises Now Royal Caribbean Group?

Yes. Pullmantur Cruises, headquartered in Madrid, Spain, was established in the late 1990s as an extension of the Madrid-based travel agency Pullmantur. In 2006, it came under the ownership of the U.S.-based Royal Caribbean Group through its parent company, and Royal Caribbean later divested a 51% share of the cruise line to Springwater Capital. Now the risk is shared with this Spain-based investment firm while retaining a 49% stake.

2008 Zenith Disaster (1 Dead)

Date: July 27, 2008

Dead and Injured: 1 Dead, Injured Unknown

Description: The Pullmantur-owned Zenith cruise ship collided with the berthed MS Aegean Pearl in Venezuela in 2008 while maneuvering for docking, causing one death and several injuries.

3. Norwegian Cruise Line Holdings Ltd

Owns Norwegian Cruise Line, Oceania Cruises, and Regent Seven Seas Cruises and does cruises to Hawaii as its claim to fame.

2005 Norwegian Dawn Death Wave (0 Dead)

Date: April 16, 2005

Dead and Injured: 0 Dead, 4 Injured

Description: The Norwegian Dawn was hit by a 70-foot massive wave in rough weather, causing two injuries and the flooding of 62 cabins and decks following subsequent waves against the hull. Fortunately, no hands died during that vacation tour collision.

4. MSC Cruises

MSC is a European-based cruise line with a significant presence in the industry, offering cruises worldwide and growing.

MSC is Now Star Lauro Cruises

Also known as Lauro Lines, founded by Achille Lauro in 1960 in Naples, Italy, initially operated two ships:

  1. MS Angelina Lauro
  2. MS Achille Lauro.

However, unfortunate incidents such as the burning of MS Angelina Lauro in 1979 and the hijacking of MS Achille Lauro in 1985 caused financial difficulties for the company, so in 1988, the Mediterranean Shipping Company (MSC) ventured into the cruise business by acquiring the liner Monterey. A year later, in 1989, MSC purchased Lauro Lines, branding it StarLauro Cruises, operating two ships:

  1. Monterey
  2. Achille Lauro.

In 1995, StarLauro Cruises underwent a name change and became known as MSC Cruises.

Notable Star Lauro Cruise Accident

1994 MS Achille Lauro Cruise Ship Disaster (2 Dead)

Date: November 30, 1994

Dead and Injured: 2 Dead, 8 Injured

Description: On November 30, 1994, the Achille Lauro caught fire off the coast of Somalia, carrying 979 passengers and crew to South Africa. Italian officials initially attributed the fire to a discarded cigarette. Still, later analysis suggested it started in the engine room due to a crankcase explosion, causing cooling oil to enter the exhaust. Lack of supervision led to the fire spreading uncontrollably before being discovered. The situation worsened despite efforts to battle the fire, including using hoses and buckets. The vessel was eventually abandoned the following day after the ship tilted, developing a list.

Some passengers and crew had to climb down a rope ladder from the stern to reach inflatable boats due to flames blocking the main lifeboats, resulting in two fatalities and eight injuries during the evacuation. The USS Gettysburg and USS Halyburton were among the ships that responded to the emergency. The Achille Lauro sank on December 2, 1994, witnessed by a fire tugboat. The wreckage has never been located as of 2023.

5. Fred Olsen Cruise Lines

Fred Olsen Cruise Lines is a UK-based, Norwegian-owned cruise shipping line with four cruise ships. It falls under the ownership of Bonheur and Ganger Rolf is headquartered in Ipswich, Suffolk, in the United Kingdom, and remains a division of the Fred Olsen Group.

Deadly Fred Olsen Cruise Incident

2007 Robert Heath Legionnaire’s Disease (1 Dead)

Date: July 31, 2007

Dead and Injured: 1 Dead, Injured Unknown

Description: In 2007, bacteria was found on a Fred Olsen Cruise, leading to an early end of the trip, as reported by the UK Telegraph. A passenger named Robert Heath fell ill shortly after returning home and tragically passed away despite being prescribed antibiotics. An inquest concluded that Fred Olsen Cruises exposed Heath to Legionnaires’ disease. It was also revealed that the two doctors he saw during his illness did not provide adequate medication and failed to respond to his deteriorating condition, as reported by the Telegraph. As a result, the cruise line settled his wife’s wrongful death case for over $100,000.

6. Atlantic, Gulf & West Indies SS Lines

A passenger and cargo shipping company based in New York City, Agwilines Inc (Atlantic, Gulf & West Indies Steamship Inc) operated four main lines during the 1910s, 1920s, and 1930s:

  1. Ward Line
  2. Clyde Line
  3. Mallory Line
  4. Porto Rico Line

Later, the Clyde-Mallory Lines, founded in 1908, had offices in New York, Philadelphia, Boston, Chicago, and Washington. However, in 1949, Graham-Newman Corporation purchased a controlling interest in Agwilines Inc, acquiring 70,000 shares. Graham-Newman Corporation was an investment corporation established in 1926 by Benjamin Graham and Jerome Newman and was ultimately liquidated in 1954.

Famous Agwilines Inc Incident

SS Morro Castle (137 Dead)

Date: September 8, 1934

Dead and Injured: 137 Dead, Injured Unknown

Description: The SS Morro Castle, an American ocean liner, was set ablaze due to a mechanical problem after a fire started in one of the storage lockers. She ran aground during its journey from Havana, Cuba, to New York City, United States, on September 8, 1934, after Chief Officer William Warms took command from his sickly Captain, Robert Wilmott. Several crew members abandoned the ship after insufficient firefighting attempts.

Most passengers were left alone without life jackets to try and navigate through the smoke-dimmed hallway inferno. The devastating incident resulted in the loss of 137 confused passengers and crew members despite rescuers lined up, rushing to help the lifeboats carrying passengers (mainly residents) away from the large cruise ship towards the Jersey Shore during the wee hours.

7. Chonghaejin Ferry Lines

Chonghaejin Marine Company Ltd., also known as Cheonghaejin Marine Company Ltd., was a South Korean shipping company that operated the ferry MV Sewol.

2014 Sewol Ferry Disaster (300 Dead)

Date: April 16, 2014

Dead and Injured: 300 Dead, Injured Unknown

Description: Although not an actual cruise ship, the South Korean ferry Sewol capsized in April 2014, leading to the deaths of over 300 passengers, mostly high school students. In 2015, Captain Lee Jun-seok was convicted of homicide and sentenced to life in prison for the Sewol disaster. The incident deeply traumatized the country and significantly affected the then-leader, Park Geun-hye. The ferry operator, Cheonghaejin, was also held responsible, and the court ordered it to share the costs.

8. GAP Shipping, Bahamas

G Adventures is a prominent cruise operator specializing in small-group escorted tours for big timers. Headquartered in Toronto, Ontario, Canada, it has a global presence with 28 offices worldwide. The company boasts an extensive portfolio, Including over 700 itineraries in at least 100 countries at any given time, catering to around 200,000 travelers from 160 countries annually.

The company has partnered with the National Geographic Society, creating a unique program called “National Geographic Journeys with G Adventures.” This program includes 80 special tours that align with responsible and sustainable travel principles while offering enriching and educational experiences. It also owned the ill-fated MS/MV Explorer

2007 MS/MV Explorer (0 Dead)

Date: November 23, 2007

Dead and Injured: 0 Dead, Injured Unknown

Description: The MS Explorer, MV Explorer, was a Liberian-registered cruise liner. It was a pioneering vessel designed to navigate the frigid Antarctic Ocean. On November 23, 2007, it became the first cruise ship to sink in those waters after colliding with an iceberg.

9. Epirotiki Lines

Epirotiki, a defunct shipping company with roots dating back to 1850, had a diverse fleet encompassing cruise vessels, cargo ships, and tanker vessels. The company operates in various maritime industry sectors, providing passenger and cargo transportation services.

Noteworthy Epirotiki Line Accident

1991 MTS Oceanos Disaster (0 Dead)

Date: August 4, 1991

Dead and Injured: 0 Dead, Injured Unknown

Description: MTS Oceanos, a cruise ship built in France and owned by Greece, tragically sank in 1991 due to uncontrolled flooding. The ship’s captain, Yiannis Avranas, and some crew members were found guilty of negligence for abandoning the passengers without assistance. Fortunately, all 571 passengers and crew were ultimately rescued thanks to the courageous actions of the ship’s entertainers. They sent a mayday signal, launched lifeboats, and aided in the rescue efforts by facilitating the landing of South African Marines from naval helicopters.

It’s worth noting that Epirotiki Lines, the company that owned MTS Oceanos, had experienced the loss of two other ships in the three years leading up to the sinking. Their flagship, Pegasus, sank merely two months prior, and MV Jupiter dropped three years earlier.

10. Hurtigruten AS

Hurtigruten AS is a prominent Norwegian coastal ferry service and cruise line based in Oslo, Norway. It shares its name with the iconic Hurtigruten, the coastal ferry service it operates along the Norwegian coast.

As of 2020, a significant 81% of company ownership belonged to TDR Capital. At the helm of Hurtigruten AS is Daniel Skjeldam, serving as the CEO, and guiding the company’s operations and strategies.

Noteworthy Hurtigruten AS Accident

2011 MS Nordlys (2 Dead)

Date: August 4, 1991

Dead and Injured: 0 Dead, Injured Unknown

Description: The MS Nordlys, operated by Hurtigruten, caught fire off the coast of Norway in September 2011, leading to two fatalities.

11. Republique Senegal, Ministere de l’Equipement, Dakar / Senegal

Under the authority of the Minister of Higher Education, Research, and Innovation, the entity is responsible for:

  • The preparation, coordination, and execution of the budget.
  • The management of personnel and equipment.
  • The Budget and Finance Division.
  • The Human Resources Division.
  • The Logistics and Equipment Division.

Noteworthy Republique Cruise Ferry Incident

2002 MS Joola Capsising

Date: September 26, 2002

Dead and Injured: 1863 Dead, Injured Unknown, Survivors 64

Description: In 2002, the Senegalese ferry MS Joola operated by the Armed Forces of Senegal, capsized off the coast of Gambia, resulting in one of the deadliest maritime disasters in history, with over 1,800 lives lost.

12. Michigan Transportation Company

It appears to have been a now defunct, large corporation that offered many sister companies involved in lake and ocean transportation of goods and passengers.

Noteworthy Michigan Transportation Company Cruise Accident

1915 SS Eastland Port Tip Over (844 Dead)

Date: July 24, 1915

Dead and Injured: 844 Dead, Injured Unknown

Description: The SS Eastland (“the speed queen of the Great Lakes”), operated by the Chicago-South Haven Line, was moored near the Clark Street Bridge on the Chicago River, getting ready to take passengers to Michigan City for a company picnic. It capsized on its port side at the harbor’s edge, killing 844 2,500 passengers (mainly Western Electric employees) and crew members that day, including 22 entire families. The ship never left the river, making it a devastating event that profoundly impacted everyone involved.

As you can see, there are more than ten worst cruise ship disasters in history to discuss, and it is cruise line-centric.

13. Australian National Line (ANL)

Australian National Line (ANL) was a coastal shipping line founded by the Government of Australia in 1956. Over the years, it played a crucial role in maritime transport and contributed significantly to the nation’s coastal shipping operations.

In 1998, the Howard government decided to sell ANL, leading to its acquisition by CMA CGM, a global shipping and logistics company. The transfer of ownership marked a significant shift in the Australian maritime industry, as ANL became part of a more extensive international shipping network under CMA CGM’s management that once owned the Royal Pacific Ferry.

Noteworthy ANL Accident?

1992 Royal Pacific Trawler Crash (30 Dead)

Date: August 23, 1992

Dead and Injured: 30 Dead, Injured Unknown

Description: The Royal Pacific, initially a passenger ferry from 1964, had a capacity of 250 passengers, 91 cars, and 16 trucks. After being sold and converted into a cruise ship in the late 1980s, its maiden voyage was a captivating two-night “cruise to nowhere” from Singapore, passing by Phuket, Malacca, and Penang. During its journeys, an unfortunate incident occurred when it was struck by a Taiwanese fishing trawler, despite taking evasive maneuvers upon receiving a warning from its Long Range Acoustic Device (LRAD). A broken PA system made it hard to warn passengers, coupled with the crew who abandoned the passengers.

Worst Cruise Ship Rapes and Sexual Assaults By Liner?

Here are some notable cases:

  • 2019 Carnival Sensation: In 2019, a crew member on the Carnival Sensation was arrested and charged with sexually assaulting a female passenger.
  • 2016 Carnival Liberty: A passenger on the Carnival Liberty reported being sexually assaulted by another passenger while on the ship. A young woman claimed she was slipped a date rape drug aboard the Carnival Miracle
  • 2016 Disney Wonder: In 2016 a Disney Cruise Line employee was accused of sexually assaulting a young girl while the ship was docked in San Pedro, California.
  • 2015 Carnival Breeze Cruise: In 2015, a crew member on the Carnival Breeze was arrested for sexually assaulting a female passenger.
  • 2013 Carnival Triumph: In 2013, a teenage girl reported being sexually assaulted by a crew member while sailing aboard the Carnival Triumph.
  • Royal Caribbean Cruise Lines: Has also faced several sexual assault allegations on different ships over the years. Some cases have resulted in arrests and expensive legal actions.

Cruise lines, such as Norwegian, appear to be experts at losing videotapes and other evidence of assaults or raped females or children being thrown overboard. Cruise, dock walk the gangplank at foreign ports at your own risk, especially if a single woman drinking and caring for kids during dinner at restaurants with no chaperone. You could be jumped on a shore excursion or hijacked by pirates and forced to perform sex acts in exchange for your life. Worse, your attackers can still throw you into the sea with no tender boat or liferaft in sight. As you fall to your death, it is no comfort if the criminal is arrested, placed in a cruise ship jail, and convicted of manslaughter. Your life will still be over!

Conclusion

We just covered the 13 worst cruise lines by accidents and sexual assaults at sea. Are you an author or former cruise ship officer, or are you seeking experts or books on this topic? We are dedicated to exposing the secrets Cruise lines don’t want to face and are willing to spend the next minutes or hours assisting you too. We offer free initial consultations to all cruise ship victims 24/7 as well. If you want help from the right law firm, you can contact us at (833) LETS-SUE for a confidential conversation to tell us your side of the story and get things under control!

Citations:

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46 Months in Prison for Assault on Cruise Ship – Cruises Can Be Dangerous!

 

46 Months in Prison for Assault on Cruise Ship - Cruises Can Be Dangerous!

From Cop to Jailbird on a Cruise

Cruise ship holidays can be relaxing, but many people don’t realize that thousands of crew members work around the clock to ensure that passengers have the time of their life. Did you know a cruise can also take a life?

Cruise ship holidays can be relaxing, but many people don’t realize that thousands of crew members work around the clock to ensure that passengers have the time of their life.

But sometimes, some passengers may run into irresponsible and negligent crew members that can turn the entire experience traumatic. In recent news, a court sentenced a crew member to 46 months in Prison for assault resulting in serious injuries.

Let’s review the news details with Ehline Law and our personal injury attorneys.

Crew Member Assaults Elderly Sentenced to 46 Months in Prison

A 78-year-old crew member, John Mcavay, assaulted an elderly resulting in serious bodily injury to the passenger. Three days later, another cruise passenger identified the man resulting in his arrest and a trial.

A Retired Law Enforcement Officer Commits an Unprovoked Assault

According to court documents, in a confrontation between John Mcavay, a 78-year-old retired law enforcement officer, and an elderly passenger on October 25, 2018. In anger, Mcavay punched the citizen, knocking him out.

After the violent confrontation with the passenger, Mcavay disappeared from the incident scene, leaving the elderly helpless on the ground.

Seriously Injured Passenger Airlifted to Hilo Medical Center

When the passenger was found, he was in a critical condition requiring immediate medical assistance. The cruise ship captain reported the incident and called for emergency services to airlift older people to Hilo Medical Center.

From there, the medical staff moved the individual to Queen’s Medical Center for treatment that lasted about 30 days.

Cruise Ship Passenger Suffers Serious Impairments and Dies a Few Months Later

The victim suffered protracted severe injuries, including cognitive and physical impairments, requiring the medical staff to move him to a California hospital and a rehab center to help him recover from his serious injuries.

However, after a few months of suffering, the elderly patient died in February 2019.

Mcavay Arrested and Charged after Another Passenger Identified Him

Three days after the incident, on October 28, 2018, during coast guard investigative service, another cruise ship passenger identified John Mcavay as the perpetrator.

The law enforcement authorities immediately arrested Mcavay, charging him with assault and involuntary manslaughter, and began the legal process to prosecute the former officer for his crimes.

Defendant Mcavay Acted Cowardly; Judge Otake Stated

The judge presiding over the case was United States District Judge Jill A. Otake, with the US Attorney Clare E. Connors taking charge as the prosecutor. Court documents revealed Judge Otake found defendant Mcavay guilty, and Judge Otake found that Mcavay chose to punch the passenger rather than walk away.

Judge Otake added that Mcavay’s actions were cowardly and despicable.

Prosecutor, Without Reasonable Doubt, Could Not Prove Mcavay’s Manslaughter Charges in Non-jury Trial

In finding Mcavay guilty of involuntary manslaughter, Connors needed sufficient evidence to prove that pre-existing cancer was not a factor in the passenger’s death.

For the cruise ship assault, Judge Otake sentenced the former law enforcement officer to 46 months in jail and a year of supervised release.

Schedule a Free Consultation with Ehline Law

In the incident “46 months in prison for assault on the cruise ship”, the passenger’s family could not pursue a wrongful death claim as prosecutors couldn’t prove that the incident led to the death of a person with cancer.

If you suffered injuries in a cruise ship accident that was not your fault, contact us at (833) LETS-SUE for a free consultation, as you may be eligible for compensation.

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Cruise Ship

Can Families Sue for Titanic Submarine Wrongful Death?

 

Yes, it is possible to sue a submarine tour operator civilly if there are grounds for a legal claim. At the outset, as will be discussed, Titan was technically a submersible, not a true submarine. The specific jurisdiction where a submarine accident lawsuit can be filed against a submarine tour operator depends on various factors. One of them is the location of the incident, the jurisdiction where the operator is based or operates, and any contractual agreements or terms and conditions agreed upon by the parties involved.

Typically, a wrongful death lawsuit would be filed in the jurisdiction where the incident occurred or where the tour operator is based. Crew members might also have additional rights under the Jones Act, but cases like this are always a real legal battle. This could be the country or state where the tour took place or where the tour operator’s headquarters are located. Here, prior lawsuits against the sub-company were filed in Washington State Court. For brevity, our submersible accident lawyers will assume that is the venue and jurisdiction.

It’s important to consult with a maritime lawyer specializing in admiralty/maritime personal injury law to determine the appropriate jurisdiction and assess the viability of a civil lawsuit against a submarine tour operator based on the case’s specific circumstances. In the case at the bar, we know the Titan (tethered to a mother ship) typically spends about 10 to 11 hours during each trip to the Titanic wreck, while the Navy and other submarines can stay underwater for months. There is evidence the CEO was “woke” and hired less experienced crew since the more experienced retired US Navy sub captains were “white” and therefore not “inspirational.”

What is a Wrongful Death Lawsuit?

The emotional trauma of losing a loved one due to carelessness or intentional lies is something that cannot be swept under the rug during a press conference. No regulatory body can bring your loved ones back to life. And past court documents indicate there were safety issues raising a lot of eyebrows. A wrongful death lawsuit in a submersible vessel case is a legal claim brought by the surviving family members or the estate of a person who died as a result of a submersible vessel accident or incident.

This type of lawsuit seeks to hold responsible parties financially accountable for their negligence, recklessness, or wrongful actions when someone is killed. Our wrongful death attorneys have experience in unique, unexplored areas of maritime law, and Michael Ehline helped draft portions of the Cruise Ship Safety Act on behalf of International Cruise Victims (ICV). In the case at bar, five people who died will likely have survivors. Many are probably in the hospital from the grief and intense emotional distress from this catastrophic loss they now face.

In a wrongful death lawsuit involving a submersible vessel, the plaintiff (the party bringing the claim) typically needs to establish the following elements:

  1. Negligence or wrongful conduct: The plaintiff must demonstrate that the party or parties responsible for the submersible vessel, such as the vessel operator, owner, manufacturer, or maintenance personnel, acted negligently or wrongfully. This can include failure to maintain the vessel properly, inadequate safety measures, equipment malfunction, operator error, or other forms of negligence or misconduct.
  2. Causation: The plaintiff must show a direct causal link between negligence or wrongful conduct and the death of the individual. It needs to be established that the actions or omissions of the responsible party directly resulted in the fatal incident.
  3. Damages: The plaintiff must demonstrate that they have suffered specific damages as a result of the death. These damages can include medical and funeral expenses, loss of financial support, loss of companionship, emotional distress, and other related losses.

Wrongful death lawsuits involving submersible vessels can be complex due to the technical nature of the equipment and the unique circumstances surrounding underwater operations. It may involve investigating the cause of the incident, assessing the vessel’s maintenance records, evaluating safety protocols, and determining liability among multiple parties.

As laws and regulations governing submersible vessels can vary by jurisdiction, consulting with an attorney experienced in maritime law or wrongful death cases related to submersible vessels is crucial. They can provide guidance on the specific legal requirements, potential liable parties, and the legal process involved in pursuing a wrongful death lawsuit in such cases.

Missing Submersible Found in the North Atlantic

Overview:

  • Five passengers aboard a submersible named Titan in the North Atlantic were the subject of an international search.
  • OceanGate owned the imploded vessel and was specifically designed for exploring the wreckage site of the Titanic.
  • Authorities estimated less than two days’ worth of oxygen remained in the submersible at that time and spent enormous resources trying to save the lives aboard.
  • US Navy now says oxygen would not have mattered, as they used sound equipment to verify the sub-imploded that Sunday, making the search for life unnecessary. “That anomaly was “consistent with an implosion or explosion in the general vicinity of where the TITAN submersible was operating when communications were lost,” according to a senior Navy official.”

Missing Submersible: Rescuers Race to Find Titan after Detecting Underwater Noises

When and where did the vessel go missing?

  • The 21-foot vessel, named Titan, lost communication with its control center on that same Sunday morning, approximately 1 hour and 45 minutes into its scheduled dive.
  • The U.S. Coast Guard reported the incident on Twitter and stated that the communication failure occurred around 435 miles (380 nautical miles) south of St. John’s in Newfoundland, close to the site of the famous Titanic shipwreck.
  • Despite the US Navy acoustic ‘anomaly’ that Sunday, the search went on till it was later determined on June 22, 2023, that all hands were lost on June 18, 2023.

Why was the submersible diving?

  • The missing vessel, owned by OceanGate, was conducting underwater voyages to explore the remains of the Titanic on the seafloor.
  • OceanGate, based in Washington state, is known for its chronicling of the Titanic’s decay and previously shared a full-size digital scan of the wreck site.
  • The company also offers deep-sea tourism experiences, taking adventurers on eight-day tours to explore the depths of the ocean for a fee of $250,000 per person.
  • OceanGate has been sued before, and there is evidence that Titan was unfit for its particular deep-sea use.

Who was on board?

  • The submersible, Titan, carried one pilot and four paid passengers referred to as “mission specialists,” according to the U.S. Coast Guard.
  • Among the paid passengers was British businessman Hamish Harding, known for holding multiple Guinness World Records.
  • Shahzada Dawood and his son Suleman, members of a prominent Pakistani family known for investing, were also on board.
  • Paul-Henri Nargeolet, a French Titanic expert and director for RMS Titanic Inc., the U.S. company with salvage rights to the Titanic site, was present as well.
  • OceanGate CEO Stockton Rush was the submersible pilot and used a video game controller to pilot the vessel.

Why did the vessel go missing?

  • The exact reason for the submersible losing communication with its control crew remains unclear.
  • Before the expedition, OceanGate stated they would rely on the satellite-based internet company Starlink for communication during the mission.
  • Normally, the Titan uses a text-message-based system that relies on underwater acoustic positioning to communicate with the control ship.
  • The submersible is equipped with basic emergency medical supplies and 96 hours of life support, according to OceanGate’s website.

Search Efforts and Latest Updates

  • A unified command of the U.S. Coast Guard, U.S. Navy, Canadian Coast Guard, and OceanGate coordinated search efforts which, as noted, located a debris field of the wreckage days ago.
  • The search has ended with all hands lost, and hopes that 40 hours of oxygen left, had perhaps kept the crew alive, were lost.
  • Canadian Coast Guard vessels and additional private vessels were also dispatched to the scene.
  • Search teams are used aircraft, sonar devices, acoustic monitoring, and a remotely operated vehicle to scan the ocean surface, detect underwater sounds, and explore lower depths.
  • Hauling the submersible to the surface would have posed a significant challenge due to its potential depth and distance offshore if it had been located.
  • Despite the extensive search efforts involving expert personnel, the odds of survival for those on board are estimated to be around 1%.
  • Previously, OceanGate has experienced difficulties locating the Titanic wreck during expeditions, often due to factors such as bad weather and mechanical issues.

Former OceanGate Employee Raises Safety Concerns

The tourist submersible that went missing while exploring the Titanic wreck was previously the target of safety complaints from an employee of OceanGate. This parent company owns the sub and runs tourist expeditions of the wreck. That employee complained specifically that the sub could not descend to such extreme depths before he was fired.

Legal Documents Reveal Safety Concerns and Wrongful Termination Allegations

According to legal documents obtained by The New Republic, in a 2018 case, OceanGate employee David Lochridge, a submersible pilot, voiced concerns about the safety of the sub. Lochridge, who was the director of marine operations at the time, was responsible for the safety of all crew and clients.

The concerns Lochridge voiced came to light as part of a breach of contract case related to his refusal to approve manned tests of the early models of the submersible due to safety concerns. Subsequently, Lochridge was fired, and OceanGate sued him for disclosing confidential information about the Titan submersible. In response, Lochridge filed a compulsory counterclaim alleging wrongful termination as a whistleblower regarding the quality and safety of the submersible.

Allegations of Termination to Silence Safety Concerns

In his counterclaim, Lochridge stated that instead of addressing his concerns about vessel safety, OceanGate terminated his employment to silence him and avoid addressing the safety and quality control issues.

According to the counterclaim:

Engineering Staff Concerns and Hostility Towards Safety Inspection

The counterclaim also detailed a meeting at OceanGate’s facility in Everett, Washington, where several individuals expressed concerns to the Engineering Director. OceanGate CEO Stockton Rush requested Lochridge to conduct a quality inspection of the Titan submersible.

During the inspection process, Lochridge encountered hostility and denial of access to necessary documentation from the Engineering Director. He was met with obstacles in obtaining information about the viewport design, pressure test results, and other crucial data.

Ignored Concerns and Lack of Non-Destructive Testing

Initially, Lochridge verbally expressed his safety and quality concerns about the Titan submersible to OceanGate’s executive management, but his concerns were ignored. Lochridge identified numerous issues that posed serious safety concerns and provided recommendations for corrective actions.

Of particular concern to Lochridge was the absence of non-destructive testing on the hull of the Titan. He was repeatedly informed that due to the hull’s thickness, it was not possible to conduct scans or tests to check for delaminations, porosity, voids, or sufficient adhesion of the glue used. OceanGate claimed there was no equipment available for such testing.

Depth Certification and Viewport Limitations

Following the issuance of Lochridge’s inspection report, a meeting took place on January 19, 2018, involving OceanGate officials, including the CEO, human resources director, engineering director, Lochridge, and the operations director.

During the meeting, Lochridge discovered that he had been denied access to viewport information because the forward viewport of the submersible was only certified for a pressure depth of 1,300 meters. However, OceanGate intended to take passengers to depths of 4,000 meters. The viewport manufacturer refused to certify the viewport for depths beyond 1,300 meters due to the experimental design supplied by OceanGate, which did not meet the Pressure Vessels for Human Occupancy (“PVHO”) standards. OceanGate refused to pay for the manufacturer to build a viewport that met the required depth.

  • The Titan submersible debris field is estimated to be scattered across the ocean floor at a depth of nearly 4,000 meters.

Passenger Ignorance and Hazardous Materials

Lochridge’s complaints revealed that paying passengers were unaware of his safety concerns or the use of hazardous, flammable materials within the submersible. Despite expressing concerns about the Titan submersible, OceanGate failed to address them, ultimately leading to Lochridge’s termination.

Settlement of Lochridge vs. OceanGate Case

View More Here https://www.documentcloud.org/documents/23854184-oceangate-v-david-lochridge

The case between Lochridge and OceanGate did not progress significantly and was eventually settled a few months later, bringing an end to the legal dispute once and for all. https://newrepublic.com/post/173802/missing-titanic-sub-faced-lawsuit-depths-safely-travel-oceangate

Legal Protection for OceanGate Amidst Missing Titan Sub Disaster

Legal experts suggest that OceanGate, the company operating the missing Titan submersible, is likely protected from future lawsuits arising from the incident. Passengers on the sub signed a waiver acknowledging the risk of death multiple times, making it challenging for them to sue OceanGate. However, operational negligence could potentially challenge the waiver’s validity as an exception to a voluntary assumption of the risk.

Limited Liability Due to Informed Assumption of Risk

According to Ehline Law Firm legal experts, OceanGate has a defense called the assumption of the risk. OceanGate will argue that the passengers willingly participated in an extremely hazardous activity and assumed significant risk. We have not seen the signed waiver and clear communication of the risk of death could mitigate the chances of successful legal action against the company. But like most things in life, there are exceptions to this rule in favor of a just outcome.

Exceptions may vary depending on the jurisdiction and specific circumstances of the case, as follows:

  1. Gross Negligence or Recklessness: If the defendant’s actions go beyond ordinary negligence and involve gross negligence or recklessness, the assumption of the risk defense may not apply. Gross negligence refers to a severe disregard for the safety or rights of others, while recklessness involves knowingly taking unreasonable risks. In such cases, a plaintiff may still be able to pursue a claim and recover damages.
  2. Failure to Warn: If the defendant failed to provide adequate warning or information about a known danger associated with the activity, the assumption of the risk defense may be weakened. Here, we don’t know if the viewport glass had been switched out, but if it was the reason the submersible exploded, plaintiffs could argue they were not fully aware of the risks involved and, therefore should not be barred from seeking compensation.
  3. Statutory Violations: If the defendant violated a specific law or regulation that was designed to protect individuals from harm in a particular activity or industry, the assumption of the risk defense may be challenged. The plaintiff can argue that the defendant’s violation of the law demonstrates negligence or a breach of duty, making them liable for the resulting harm.
  4. Implied Warranty of Safety: In certain situations, such as in a commercial transaction or when participating in a guided activity, there may be an implied warranty of safety. This means that the defendant implicitly assures the plaintiff that reasonable care will be taken to ensure their safety. If the defendant fails to fulfill this implied warranty, the assumption of the risk defense may not apply.

Consulting with a maritime law attorney specializing in sea-related incidents can provide survivors with more accurate and jurisdiction-specific information in their particular situations. But for our analysis, we will keep other presumptions in place.

Waiver and Informed Consent Legal Battle

Passengers aboard the Titan submersible allegedly paid $250,000 each and signed a waiver before embarking on the journey. The waiver explicitly stated the risk of death, with one former passenger stating that it was purportedly mentioned three times on the first page alone. The passengers’ informed consent and acknowledgment of those particular inherent dangers would make it challenging to hold OceanGate accountable. However, fraud vitiates consent, as would negligent misrepresentation or concealment of a fact, such as the subpar viewing glass.

Challenging the Waiver through Operational Negligence

Although OceanGate is protected by the waiver, any operational negligence or intentional fraud on its part could potentially render the waiver challengeable. Recent revelations about the company’s safety culture, including founder Stockton Rush’s remarks on safety regulations and the allegations made by a former employee, may pose legal risks if the search and rescue mission turns into a recovery operation.

Woke Comments as Admission to Cause of Implosion?

Relying on pop culture or woke companies like OceanGate and their hiring practices has caused a lot of backlash. Many on social media are asking if it would have been better to hire the “50-year-old white guys with military experience.” (Source.) Here, it appears the CEO was the pilot of the Titan submersible, so he was likely one of those 50-year-old plus white guys, making that argument a bit of an overreach.

Safety Concerns and the Former Employee Lawsuit

OceanGate has faced criticism for its safety practices, as highlighted by statements made by Stockton Rush and a lawsuit filed by a former employee, David Lochridge. Rush’s remarks and Lochridge’s claims of poor quality control and safety protocols are problematic.

Potential Challenge to the Waiver

If it can be proven that OceanGate’s negligence in design or operation caused the loss of the submersible, the waiver could be challenged. The evidence from past lawsuits and claims could undermine OceanGate’s liability waiver legal protection if they are found to be negligent in the design and operation of the submersible above or below the ocean’s surface. This could open up legal avenues for the passengers’ families to seek compensation and hold OceanGate accountable under the theory of wrongful death. https://www.yahoo.com/news/company-operates-missing-titanic-sub-003245168.html

A. Unseaworthiness Challenge?

Under general maritime law, the doctrine of seaworthiness imposes an absolute duty on a shipowner to provide a reasonably fit vessel for its intended purpose. This duty extends to all aspects of the vessel, including its equipment, crew, and operational systems. The shipowner must ensure that the vessel is in a safe and proper condition, adequately maintained, and equipped with necessary safety features. Reinhart v. U.S. (9th Cir.1972) 457 F.2d 151, 152.

That duty will extend “not only to the shipowner’s employees but to all who do seaman’s work.” Baker v. Raymond International, Inc. (5th Cir.1981) 656 F.2d 173, 181 cert. denied 456 U.S. 983 (1982) 102 S. Ct. 2256, 72 L. Ed. 2d 861. The remedy to cure unseaworthiness is for an injured seaman to apply in rem against the vessel and in personam against the vessel’s title owner, The Osceola (1903) 189 U.S. 158, 175, 23 S. Ct. 483, 487, 47 L. Ed. 760, or the actual owner pro hac vice under a demise charter. Baker, 656 F.2d at 182.

It is undisputed that the incident occurred aboard the Titan. Thus, liability for unseaworthiness depends upon the facts and outcomes of many things, including motions in limine.

B. Crew members – Jones Act Negligence

Here, the vessel commander’s surviving family could sue OceanGate since he is technically an injured seaman. So they could try and seek an additional remedy under the Jones Act (46 U.S.C. § 688) because the duty to exercise reasonable care is independent of a vessel owner’s duty to provide a seaworthy ship. Garrett v. Moore McCormack Co. (1942) 317 U.S. 239, 240 n. 2, 63 S. Ct. 246, 248 n. 2, 87 L. Ed. 239 ; Reinhart, 457 F.2d at 152. A Jones Act claim, however, can only be brought against the seaman’s employer, in this case, OceanGate. The survivors must establish the existence of an employer-employee relationship at the time of the injury. Cosmopolitan Shipping Co. v. McAllister, 337 U.S. 783, 791, 69 S. Ct. 1317, 1321-22, 93 L. Ed. 1692, rhg. denied 338 U.S. 839, 70 S. Ct. 32, 94 L. Ed. 513 (1949); Baker, 656 F.2d at 177.

A court would likely consider the Captain “a seaman” in the service of the defendant’s chartered vessel. Hence, it remained under the management and control of the vessel’s owners. The Norland, 101 F.2d 967, 971 (9th Cir.1939). A time charterer merely takes over the vessel’s carrying capacity and reserves authority only as to certain business matters, such as ports touched and cargo loaded. Saridis v. S.S. Paramarina, 216 F. Supp. 794, 797 (E.D.Va. 1962).

In the context of a demise or bareboat charter, the liability for injuries to employees rests upon the charterer rather than the owner of the vessel. During a demise or bareboat charter, the charterer assumes possession, custody, and control of the vessel as if they were the owner pro hac vice, meaning for the time being. This includes taking on the responsibilities and liabilities associated with the operation of the vessel. As a result, the charterer is considered the employer of the master and crew during the charter period.

Under this arrangement, if injuries occur to employees during the charter period, the liability for those injuries would generally fall upon the charterer rather than the vessel’s owner. The charterer is responsible for providing a safe working environment, ensuring the seaworthiness of the vessel, and maintaining compliance with applicable laws and regulations. Norris, The Law of Seamen, § 27:24, p. 252 (4th ed. 1985).

OceanGate Apparently Classifies All Aboard As “Crew”

Here, it is noted that news reports and court documents indicate that OceanGate classifies all hands in the Titan as “Crew.” If this is legally so, it appears the Jones Act and DOHSA would also apply to the passengers and their families. How a court will rule is anyone’s guess. Each legal representative will be faced with language barriers, cultural issues, and geographic inconvenience. Zoom videos will probably be helpful if allowed by a court or special referee. The trial will likely be a media sensation if it gets that far.

Can a Crew’s Family Sue for Death of a Seaman?

Under maritime law, a family can file a wrongful death lawsuit on behalf of a deceased seaman family member. Maritime law recognizes the rights of family members to seek compensation for the death of their loved one due to negligence or unseaworthiness.

The specific legal framework governing wrongful death claims in maritime cases is the Death on the High Seas Act (DOHSA) or the Jones Act, depending on the circumstances. These laws provide remedies for surviving family members, such as spouses (husband, wife, children, grandparents) or dependent relatives, who have suffered the loss of financial support, companionship, and other damages resulting from the death of a seaman.

Yes, There Are Several Theories To Suing Under

We just saw that despite a waiver, there could be issues like a fraud that can vitiate any consent. If the court agrees, the family generally must demonstrate that the death was caused by the negligence, recklessness, or unseaworthiness of the vessel or its crew. Survivors must establish that the responsible party failed to meet the required duty of care owed to the seaman and that this failure directly led to the fatal implosion accident. Here the survivors would go after the world’s only privately owned, manned submersibles. It would likely present novel issues of law as well. Potential defendants may include interest in the sister submersible called the Cyclops (another underwater boat).

Diversity issues for courts to decide may occur, and this case could be brought in some other jurisdiction than enumerated or disclosed in a passage contract. I want to thank Reporter David Pogue for his initial expert journalism over Titan’s so-called “Jerry-Rigged” Design. I am curious to see if any plaintiffs can meet their burden of showing there exists a genuine issue of material fact regarding Titan’s’ liability under the Jones Act as “crew.” If you have any more information about the story or want to learn more, contact personal injury attorney Michael Ehline by using our convenient online contact us form.

Citations:

How to File Cruise Complaints with the Federal Maritime Commission

 

A cruise can be a fun-filled vacation with family or friends, but too many hazards can lead to accidents and injuries. Cruise passengers who suffer injuries often face legal challenges when pursuing formal complaints against behemoth cruise lines, usually about filing and identifying the relevant department.

Ehline Law and our cruise ship accident attorneys have more than 15 years of experience handling cruise ship injury claims and working with injured passengers to get them the justice and compensation they deserve. We understand how confusing navigating cruise complaints can be and have put together a guide on how to file cruise complaints with the federal maritime commission.

Who Should You Reach Out for Cruise Complaints?

In 2020 when the Federal Maritime Commission enforced the “No Sail Order” by the Centers for Disease Control and Prevention, cruise lines had to create exceptions to their ticket contract to allow for refunds to cruise passengers. However, this was a rare exception at the time.

Whether you’ve got a beef with the cruise company for changing the itinerary or are facing serious customer service issues, you should consider reaching out to the Federal Maritime Commission’s Office of Consumer Affairs and Dispute Resolution Services (CADRS).

Trying to get compensation from cruise lines is like getting your money out of a Ponzi scheme that’s about to go bust. Although CADRS cannot offer you the compensation you’re looking for, they can point you in the right direction and assist with resolving your formal complaint by acting as a mediator between yourself and the cruise line through their alternative dispute resolution program.

If the cruise line is avoiding your e-mails, phone calls, or letters, CADRS can take up your complaint with the cruise line, requiring them to reach out to you as soon as possible.

What Services Do the Federal Maritime Commission’s Office of Consumer Affairs and Dispute Resolution Services Provide?

For any complaints that fall within the jurisdiction of the Federal Maritime Commission, CADRS will play a role in resolving them as a mediator or an ombudsman. If your complaints don’t fall under their jurisdiction, CADRS will guide you to the relevant agency to reach out for help.

Some of the services provided by CADRS do not include issues pertaining to safety, documentation, gambling, and problems relating to travel agents.

It is important to note that CADRS helps resolve complaints pertaining to cruises departing from any port in the United States. Still, it does not have jurisdiction over complaints involving foreign cruises. 

CADRS also does not provide assistance for cruise passengers who allege violations of the Shipping Act.

How to Reach out to CADRS?

The best way to connect with CADRS if you have complaints regarding your last cruise trip is to:

Whichever mode of communication you choose, you must explain the nature of your complaint, what type of compensation you’re looking for, information about the parties involved, and details about the cruise. It will help if you send in some documents or evidence, such as the cruise booking, ticket contract, and screenshots of any correspondence between the cruise line and yourself, that would help support your complaint.

If you’re unsure what type of documentation you must send with your complaint or want further information, contact CADRS at 866-448-9586. For more details about the application, check the Commission’s Rules of Practice and Procedure.

How Long Does the Complaint Resolution Process Take?

There is no specific timeframe for the complaint resolution process as it depends on the complexity of the complaint and the time it takes for the cruise line to respond (which varies from one cruise line to another). However, you can expect CADRS staff to respond to your e-mail or fax within 24 to 48 hours of filing the complaint with them.

It is important to note that CADRS cannot force cruise lines to offer you the compensation you may be looking for except ensure that the cruise line responds to you while acting as a mediator.

There are federal agencies such as the US Coast Guard that ensure cruise ships comply with relevant laws. However, even with such agencies, cruise lines continue to violate laws, putting the safety of cruise passengers at risk.

You should contact an experienced personal injury attorney if you’ve suffered injuries while on a cruise. A reputable attorney at Ehline Law has the skills and expertise required to pursue a personal injury claim against the cruise line and get you the compensation you deserve.

Schedule a Free Consultation with Ehline Law

If you’ve suffered injuries on a cruise trip, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

Cruise Ship Tender Boats: What You Need to Know about Tendering

 

Get Tossed Over on a Water Taxi?

Our Ultimate Guide to Understanding Cruise Tender Accident Claims is here for victims and curiosity seekers. Let’s learn. When cruise ships are too large for smaller locations that don’t have facilities to host a large cruise ship, they often transport passengers via tender boats. These watercraft are a great way to explore hidden gems and breathtaking places worldwide. However, tender crafts are relatively easy to get into and board, making them risky for new and even experienced passengers and crew.

Ehline Law and our California ship tender boat lawyers have the experience and knowledge to handle tender accident claims and protect you from threatening insurance companies. Contact us to learn more about your rights as an injured victim to be protected by board tenders and crew.

Cruise Port Availability Determines the Need for Tendering

Ports have limited space and can only accommodate a certain number of ships before stopping access to other cruise ships’ incoming.

Remember that many tenders refuse you the ability to bring handicapped person assistive devices like wheelchairs. So caveat emptor when visiting small ports of the call, regardless of your loyalty status with the ship and crew member teams. The tendering process is a whole different ball of wax.

You’ll often see this happen at tourist destinations, especially during the holiday season when cruise lines receive the most bookings. However, the port authorities typically have designated tendering space available to accommodate tender boats to appease the cruise line.

Ports catering to cruise tendering are also called “tender ports.” And you sometimes get a tender if you cruise to specific city ports. These smaller locations are rarely docked and tendered at all. So check your itinerary and queue onboard before getting too excited. For me, motion sickness aside, I will avoid cruises altogether as they are far too dangerous and potentially destructive. As I sue cruise lines, I am careful and know the dangers passengers face before and after anchoring. Listen to me if you are reasonable and weigh the risks versus the unobstructed benefits.

Tender Boats Can Hold up to 200 Passengers

Now you may be thinking of small dingy boats for tender ships, but that’s not the case. Tender boats are relatively large. A small boat may accommodate up to 80 people, while a medium to the large-sized tender boat may have seating for up to 200 passengers. Tender operations can take considerable time, requiring many boats as cruise ships have thousands of passengers aboard.

Think of them as a water shuttle service transferring guests from one location to another. The shallow waters make it difficult for massive cruise ships to transport passengers directly to the shore.

Some piers may accommodate only one cruise ship at a time; if two arrive, one must anchor offshore and use tender boats to transfer passengers. Cruise ships can also use tender boats for emergencies.

What Does “Tender Required” In an Advertisement Mean?

When Cruise Lines plan a cruise, they review the logistics of the entire trip, and if the trip has smaller locations with piers incapable of hosting large ships, cruise lines advertise “tender required.”

When you come across this phrase, it means that the ship cannot dock at a particular port, and passengers will need to use a tender boat to reach the shore.

If you’re prone to sea sickness or are afraid to travel in tender boats, book cruises that only stop at large cruise ports with facilities to host them.

What Does “Possible Tender” In an Advertisement Mean?

Besides “tender required,” you may also come across “possible tender,” which means that the cruise ship may only dock in certain conditions, and passengers may have to use tender boats for shore excursions only when the cruise ship cannot dock at the pier.

Such situations may arise when the water level is low or another cruise ship is docked at the small pier, requiring the other to anchor in the sea.

Los Angeles Water Taxi Accident Lawyer Helps with these cases

When the sea is rough due to harsh weather conditions, a ride in a tender boat can be dangerous and bumpy, causing passengers severe sea sickness.

What Boats Do Cruise Lines Use to Tender Passengers?

There are three types of boats a cruise line may use to tender passengers from their cruise ships, and these include:

  • Cruise ship lifeboats
  • Rental boats from private companies
  • Cruise Line-owned tender boat harbored at the port.

Tender Tickets and How to Get Them

You don’t need to pay for a tender ticket; your cruise ticket includes the tender trip, meaning you get a free boat trip.

Although it is a free trip, you can still get a tender ticket. On most cruise lines, you will have to get one tender ticket per group or person, depending on the cruise line’s policy.

Many cruise lines will designate an area on the cruise ship where they will hand out tender tickets during specific hours listed in the daily newsletter.

If you want to experience cruise ship tenders and have a great time exploring locations, you must note the timings the ship gives out tender tickets.

Cruise Ship Tender Boats: What You Need to Know about Cruise Ship Tenders

Before getting on a tender boat, let’s go over a few relevant things you should know about them and cruise ship tendering in general.

Not Suitable for People with Limited Mobility

A cruise ship docks at a port makes it stable enough for passengers to get off it safely. However, that’s different with tender boats as they have smaller entrances, and the sea can make the entire process of getting onto a tender boat rocky.

It can be challenging for individuals with limited mobility to get on a tender boat. Sometimes the entrance can be too small to accommodate a wheelchair, while other times, there may be somebody there to assist you, but it can be a risky and uncomfortable experience.

Depending on the cruise line and the destination, tender boat type and methods to get on the shore may vary. Some cruise lines may have mobility requirements that guests must pass before getting onto a tender boat.

If you’re an individual with limited mobility, checking the cruise itinerary for any tender ports is best before booking the ticket.

Cruise Ship Tendering Is Not Suitable for People Afraid of Sea Sickness

Sometimes the sea may be calm, and it can feel surreal, but most of the time, the waters are constantly moving, which can cause sea sickness. Larger ships can weather the rough waters and waves compared to smaller boats.

Usually, cruise ships anchor only a short distance from the sea; it can only be a 20-minute journey to the pier or dock in a tender boat. However, if you’re prone to seasickness, that 20 minutes of the trip may seem like a living nightmare.

Cancellations Are Not Uncommon

When the weather is harsh, the cruise lines may cancel the excursion and avoid using tender boats to tender passengers to the shore.

It can be hazardous for cruise lines to let passengers travel to the shore in bad weather conditions when the chances of accidents are high. A docked port is a much safer option.

Cruise ships are also pressed for time as they must follow their pre-planned itinerary. Sometimes the vessel may wait for a while if there is a chance for the weather to clear up, but in most cases, there is little time, and the captain may decide to move forward with other activities.

When a tender port is canceled, there is no compensation, as that is an accepted risk when purchasing a ticket.

There May Be Pushing and Shoving at Tender Ports or Cruise Ships

There is often much chaos in tender ports and the vessel, as many passengers try to rush during embarkation and disembarkation due to limited time.

Many want to be the first to get off the tender boat to have enough time to explore the shore and the location they’re getting off on, while others rush to embark on the tender boat as they want to take advantage of the last one.

When there are many people in a hurry, embarkation and disembarkation can be risky as you may become a victim of pushing and shoving, resulting in injuries if you fall.

Major cruise lines, including the Norwegian cruise line and Royal Caribbean, offer priority debarkation if you’re part of their loyalty program, allowing you to avoid all the rush and hassle associated with tendering.

If not part of the loyalty program, enjoy the leisurely breakfast, explore the massive ship, and catch the last tender boat to the tender port.

Don’t Miss the Last Tender Back to the Cruise Ship

The local bars, shopping scene, and activities can distract you from the fact that there is a schedule to follow, and if you don’t make it on time to the last tender boat, the cruise ship will not wait for you and leave you behind at the tender port.

The cruise line you’re traveling with will not offer alternative travel arrangements, and you will have to pay to fly to the next port the cruise ship will be heading to.

Other Law Related to Tenders and Excursions

Is the Cruise Line Responsible for Any Tender Accidents?

Although these boats can make it difficult for passengers to get on and off, cruise companies are responsible for ensuring that their guests are safe.

If a passenger suffers injuries using a tender boat, it is often because of the cruise company’s negligence.

Fortunately, injured passengers can file a claim against the cruise company to recover compensation. However, cruise companies have a terrible reputation for avoiding claims making it challenging for victims to fight for their rights.

The victim must prove that the accident occurred due to the crew member’s negligence. They would need to obtain medical reports and gather evidence to prove that their injuries resulted from the crew member’s negligence.

A skilled cruise ship injury attorney can help injured victims navigate through complex legal waters, handle the insurance companies, and ensure swift justice by recovering the compensation they deserve. Did you have no place to sit on an exposed upper deck, tossing you to sea or onto the lower deck or walkway off the anchor? Did you miss your tender time due to a mistake caused by the cruise line and get assaulted while stuck ashore on a private island or dangerous city on a small island?

Was priority tendering a big lie? In the ideal world, water shuttles work with the cruise ship to get you on and off in time for the next departure. Cruise lines are supposed to ferry passengers a certain distance and back to make the cruise smarter, not harder. Sometimes this does not work out. When you need cruise tips or a cruise lawyer, contact the superior lawyers at Ehline Law Firm today.

Don’t get yourself into deeper water by telling cruise lines about your trip cruising ashore gone wrong. If you have mobility challenges, are facing strong winds, are encumbered, or are stranded on wet or dry land with small children, get to a phone during your ship-to-shore tour. We will handle everything from there. Call an experienced lawyer on or off board before giving any statements. Call (833) LETS-SUE to document your potential water taxi claim and protect your rights to maximum compensation for your injury or death claims.

Schedule a Free Consultation with Ehline Law Cruise Tender Accident Lawyers

The steps involved in getting a top lawyer are simple. Depending on the severity of the injuries sustained from the accident, you may look at tens of thousands of dollars in medical bills and, sometimes, even in the hundreds of thousands. It’s not fair that you have to pay for your injuries when you weren’t the one causing them while at sail, relegated to the top deck with inadequate lifeboats, etc.

Our attorneys will help investigate the incident and latest cruise news at the tender port or on the ship, gather the necessary evidence to support your case, file a tender accident claim, and fight for your rights to get the compensation you need to pay for your injuries.

If you suffered injuries either at the tender port during disembarkation or embarkation at sea due to no fault of your own, contact us at (833) LETS-SUE for a free consultation with our legal experts, as you may be eligible for compensation. You can also fill in our online contact us form and get driving directions.