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Ultimate Guide: Cruise Ship Collisions and Dock Traps, Who’s At Fault?

 

On the heels of several viral videos on social media of cruise ships crashing into docks and people falling into the sea, it appears it’s time to untangle the confusing web of liability for cruise ship dock crashing, trapping, crushing, and drowning incidents, especially with smaller vessels.

Cruise ship vacations are supposed to give passengers rest, relaxation, adventure, and exploration. But transportation accidents can occur, and unlike a car accident, falling in the water will almost always lead to serious injuries or wrongful death. Some companies are worse than others, so prepare for the worse. If so, victims must know what laws apply and the required steps to getting paid the maximum financial compensation.

In this comprehensive guide, Michael Ehline and Florida attorney Louis Holzberg discuss cruise types of ship collision accidents and what all this means. These legal experts will also discuss how liability is determined for crew members, bystanders, and passengers. This ultimate guide also covers compensation options available to victims. Last, we discuss the unique challenges of cruise ship excursions and why hiring a lawyer is so important.

“Pinch Point” Accident?

The maritime term for a person trapped between a ship and the dock is a “pinch point” accident. A typical pinch point incident involves a crew member or dockworker falling, getting trapped, and getting their internal organs crushed as the vessels move with the tides and waves, crushing victims between a dock or pier.

These accidents can result in serious injuries or fatalities occurring on the waterborne vehicle known as a cruise liner. Cold water alone can damage cells, damage an artery, and result in accelerated loss of body fluid as the body goes into shock after falling into the water. The bottom line is that getting crushed and frozen can harm every lymph, route, or vein containing cells or conveying blood or other body fluid from your head to your toes. Your entire anatomy can be damaged. The ship driver or captain needs to conduct more than just an inspection of the boat, for example.

The captain must pay attention and carry out steps to protect others they have conveyed on or offshore with their seagoing vessel or tender boat. The quality of dock safety will vary from port to port, with some ports offering great support. But other times, the shipyard will have virtually no safety precautions at or near the gangplank. Because of this, the captain and crew must take steps to keep passengers, especially kids, away from these pinch points. Avoid pinch points and stay away from ledges while walking along the dockside. Let’s look at some other examples.

Recent Viral Video of Italian “Pinch Point” Accident

A few days ago, on October 3, 2023, in Salerno, Italy, an eight-year-old boy fell into the water and disappeared between a cruise ship and a dock with zero barricades, fencing, gunnels, etc. Local news reports the child’s hand broke free from his dad’s as he ran through the harbor wall.

As he ran, the boy slipped and fell between a gap between the ship’s keel and the dock. (Source). The boy’s father pursued and jumped into the water to save him, but both became trapped, as shown in the embedded photos and images in the container below.

Security guards and bystanders ultimately fished the two victims out with a rope. With dockside safety like this, it’s enough to make every blood vessel in a parent’s body explode. And unlike a car accident or traditional slip and fall case, blame, fault, and damages are not always so cut and dry in a dockside accident- especially overseas. As part of our legal services, we have included the salient points and some secrets the cruise craft industry would rather conceal.

Other Cruise Ship Collisions With Docks in the News

Venice, Italy Reminds Us All of the Threat a Person Could Face

The MSC Opera rammed a riverboat on a congested dock near a busy canal in Venice, Italy. The facts relate there was an engine failure. In this case, we got to see a viral video posted to Twitter, Instagram, and other social media sites. The viral dockside footage showed several passengers fleeing a tourist boat rapidly running down the dock from an oncoming cruise vessel.

Which Princess Ship hit the dock in SF recently?

Princess Cruise said the Ruby Princess hit Pier 27 during a docking attempt, causing damage to both the vessel and the dock. We found some information on social media to help improve your understanding of how a ship can pinch someone trapped between the boat and a hard place.

What is the Biggest Cruise Ship Crash into a Pier?

The most enormous passenger ship crash happened at a shipyard in the Caribbean. After entering Falmouth, the vessel Jamaica Harmony reportedly hit the jetty. Guests shouted as longboat concrete smashed into the ship’s sterns.

How Many Cruise Ships Have Sunk in Port or Dockside?

There are no accurate numbers on dock sinking versus sinking at sea. (Here are some of the most significant accidents at ports.) Based on our research, there is not a massive record of cruise ships sinking at port or docked. Cruise ships will typically remain stable inside a port, often have a tugboat escort, and use special keel/hull thrusters and other modern safety measures to help with stability and safe navigation.

One well-known grounding incident outside of a port involved the Costa Concordia. The facts show that back in January 2012, the ship ran aground and partially sank near Giglio, Italy, after hitting rocks. So, this at least gives an idea about partial sinking damage caused by natural objects. Even though it was low speed, this tragic event killed several passengers and caused significant damage to the ship.

Understanding Cruise Ship Collision Accidents

As noted, cruise ship collisions can range from collisions with other vessels, running aground, to striking submerged obstacles like reefs. These incidents can have severe consequences, resulting in injuries or tragic fatalities.

What is the difference between an ‘Allision’ and a ‘Collision’?

The terms “allision” and “collision” are often used in maritime and legal contexts to describe different types of accidents involving vessels as follows:

Collision:

A “collision” is an accident that occurs when two or more moving vessels, such as ships or boats, come into direct contact and cause damage or injuries to passengers, crew members, or even the environment.

Allision:

An “allision” occurs when a moving vessel collides with a stationary object, such as a pier, dock, bridge, or another fixed structure, running aground and striking underwater hazards like reefs, rocks, or sunken wreckage. An allision can cause substantial damage and endanger passengers and crew.

Common causes may include the following:

  • Human error: This includes crew negligence, insufficient training, or fatigue, which can lead to navigation mistakes or lapses in judgment.
  • Mechanical failure: Engine problems or malfunctioning navigation systems can contribute to accidents.
  • Weather conditions: Adverse weather, such as storms, heavy fog, or strong currents, can impede safe navigation and result in accidents.

Both collisions and allisions are usually caused primarily by human error. In a cruise ship lawsuit, the legal issues could be based on factors like crew or captain negligence, failure to comply with maritime regulations, and the extent of any damages to the victims.

Determining Liability in Cruise Ship Collision Accidents

Assigning liability in cruise ship collision accidents entails a multifaceted assessment, considering factors such as the accident’s cause, passenger contract terms, and applicable maritime laws affecting bystanders or crew.

Oregon and Pennsylvania Rule affects- strict liability concerning cruise ship lawsuits

In the context of cruise ship lawsuits, it’s essential to understand that they are typically governed by federal maritime law, specifically the General Maritime Law of the United States. However, state laws, including strict liability, can significantly impact these cases.

Let’s explore the Oregon and Pennsylvania distinctions:

Oregon:

In Oregon, strict liability principles are often applied in cruise ship lawsuits with injuries caused by defective products or onboard faulty equipment. Oregon’s product liability law may apply if a cruise passenger is injured by a defective product or equipment the cruise line provides.

The cruise line could be held strictly liable for injuries caused by a defective product or equipment.

To prevail, the plaintiff must show that:

  1. The product or equipment was defective or unreasonably dangerous
  2. The defect caused the injury
  3. The product or equipment was used as intended or in a reasonably foreseeable manner.

While cruise lines often include liability waivers in their passenger contracts, they may not defeat strict liability for defective products or equipment under this rule.

Pennsylvania:

Pennsylvania also recognizes strict liability in product liability cases. If a Pennsylvania cruise ship passenger is injured by a defective product or equipment aboard, the cruise line may also be strictly liable.

Noteworthy here is that a passenger injured by another passenger or crew member will still be bound by contract, maritime, or negligence law principles, including those involving intentional torts.

Injured Cruise Ship Employees

A combination of maritime laws and regulations typically covers injured cruise ship employees. The specific rules that apply can depend on various factors, including the cruise ship’s flag state, the employee’s nationality, the terms of their employment contract, and the location of the injury.

Here are some of the critical laws and regulations that may apply:

  • Jones Act: The Jones Act, officially known as the Merchant Marine Act of 1920, applies to seamen working on interstate or foreign commerce vessels. It allows injured seamen to sue their employers for negligence if their injuries were caused by the employer’s negligence or the vessel’s unseaworthiness. Cruise ship crew members may be considered seamen under the Jones Act.
  • General Maritime Law: General maritime law principles may apply to cruise ship employees. This body of law includes seaworthiness, maintenance, and cure concepts and the shipowner’s duty to provide a safe working environment on a floating steel tube.
  • International Maritime Organization (IMO) Regulations: IMO regulations establish safety and environmental standards for ships and can impact cruise ship operations. Crew safety, particularly regarding safety equipment and procedures, is highly influenced to make sea incidents rare.
  • International Labor Organization (ILO) Maritime Labor Convention: Also known as the MLC, 2006, this international treaty sets out minimum working and living conditions for seafarers, including cruise ship personnel. (covers labor-related issues, medical care, and repatriation of injured crew members.)
  • Flag State Laws: The laws of the country under whose flag the cruise ship is registered (the flag state) typically apply to crew members and vary significantly.
  • Employment Contracts: The terms and conditions of individual employment contracts can play a crucial role and will typically specify the jurisdiction and venue to resolve disputes. (Often include draconian compensation and medical treatment provisions.)
  • Local Laws: Depending on where the injury occurs (e.g., in an international port), local laws and regulations may also be relevant. These can include labor, workers’ compensation, and personal injury laws of the jurisdiction where the ship is docked.
  • Cruise Line Policies: Cruise lines often have internal policies and procedures. These will cover crew member injuries, including access to medical care and compensation.

Laws and regulations may change, so it’s important to consult with the legal professionals at Ehline Law Firm for a free consultation. We try our best to stay current on the latest developments.

Unseaworthiness for Crew Claims- also Strict Liability

Unseaworthiness in Crew Claims:

Unseaworthiness is a fundamental concept in maritime law, particularly in the context of crew claims. Under the doctrine of unseaworthiness, shipowners, and operators have an absolute duty to ensure that the vessel and its equipment are fit for their intended use and reasonably safe for the crew. This means that a ship must be seaworthy, and all equipment on board must be adequately maintained and defects-free.

Unseaworthiness claims can include:

  • Unsafe working conditions
  • Inadequate training
  • Defective equipment
  • Improper vessel maintenance.

If a vessel or its equipment is unseaworthy and this condition leads to injury or harm to a crew member, the shipowner can be held strictly liable, meaning that fault or negligence need not be proven.

Strict Liability in Crew Claims:

In the context of crew claims, strict liability often goes hand in hand with the doctrine of unseaworthiness. When a crew member is injured due to unseaworthy conditions or equipment, strict liability means that the shipowner can be held accountable for those injuries without the need to establish negligence. This places a significant burden on shipowners to always maintain their vessels and equipment in a safe and seaworthy condition.

Strict liability ensures that crew members injured can access a legal remedy and compensation, even if the shipowner remains fault or negligence-free. Like Worker’s Compensation, it places the responsibility squarely on the shipowner’s shoulders to maintain safe working conditions and equipment. The captain, as master, must protect the well-being of the crew members. After all, these are essential staff who dedicate their labor to maritime operations. Strict liability promotes safety and accountability within the marine industry. This reinforces the core principle that a seaworthy vessel is necessary for maritime employers.

Injured Cruise Ship Passengers

Injured cruise ship passengers are covered by a combination of laws and regulations that can vary depending on the cruise ship’s location, the passenger’s nationality, the cruise line’s terms and conditions, and the circumstances of the injury.

Here are some of the critical laws and regulations as follows:

  • Ticket Contract or Cruise Passenger Contract: When passengers purchase cruise tickets, they enter into a contract with the cruise line that includes terms and conditions. These material terms delineate all parties’ rights, duties, and responsibilities. These will typically spell out the extent of liability, jurisdiction, venue for filing legal disputes, and other limitations. Savvy passengers should try to familiarize themselves with the contract terms.
  • General Maritime Law: General maritime law principles often apply to passenger injury cases. For example, in California, a claim against Princess would be governed under California negligence law principles.
  • The Athens Convention: The Athens Convention is an international treaty governing the liability of cruise ship operators for passenger injuries and fatalities. It limits liability and requires cruise lines to maintain insurance covering these liabilities for international cruises. Its applicability can vary depending on the case’s specifics, making it essential to speak with a maritime law attorney as soon as possible.
  • Jones Act: As noted, the Act mainly applies to crew members. But sometimes, it applies when a passenger gets injured due to the negligence of the ship’s crew. But generally, passengers are not seamen under the Jones Act.
  • Local and National Laws: Local and national laws of the country or jurisdiction where the ship is docked, moored, or operating could include personal injury laws, consumer protection laws, and other relevant regulations.
  • U.S. Federal Maritime Regulations: For cruises departing from U.S. ports or involving U.S. passengers, the U.S. Federal Maritime Commission (FMC) may have jurisdiction over certain aspects of the cruise industry, including dispute resolution and consumer protection.
  • Cruise Line Policies: As noted, cruise lines have policies and procedures for handling passenger injuries, including medical care, compensation, and claims processing.
  • International Laws: In international travel cases, international laws and treaties, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG), may also come into play.

Injured Bystanders/Dockworkers

These victims include injured bystanders, like police, welders, forklift drivers, and big rig truckers. These individuals got hurt or drowned by a cruise ship in a dock or pinching incident. A combination of laws and regulations typically covers these victims. These depend on the incident’s location, the bystander’s nationality, and the circumstances of the injury or drowning.

Here are some of the fundamental laws and legal principles that may apply:

  • General Maritime Law: General maritime law principles can apply to bystander injury cases. These principles include the duty of the vessel driver, or sea lord, to provide a safe and seaworthy vessel. If the cruise ship’s negligence or unseaworthiness contributed to the injury, bystanders may have legal recourse under these principles.
  • Local and National Laws: The laws and regulations of the country or jurisdiction where the incident occurred may be applicable. These can include personal injury laws, admiralty laws, and laws related to vessels or tender vehicles operating in harbors and ports.
  • Ordinary Negligence: Bystanders injured by a cruise ship may have a legal claim based on negligence. For example, a Port of Long Beach case would likely be handled under California negligence law principles. Here, the dockworker or other victim must show the cruise ship operator or crew acted negligently and that this negligence directly led to the injury.
  • International Laws: International laws and treaties may apply in international travel cases. The specific treaties and conventions can vary, but they often address maritime safety, liability, and compensation issues.
  • The Athens Convention: The Athens Convention, discussed above, may relate to bystander injuries in certain circumstances.
  • Cruise Ship Operator Liability: Cruise ship operators must operate their vessels safely, especially when docking or maneuvering in ports. The operator may be held liable if a cruise ship’s actions or negligence injures bystanders.
  • Proximity to the Ship: The legal liability of the cruise ship operator may depend on how close the bystander was to the ship, the circumstances of the incident, and whether any safety protocols were violated. For example, a dockside car accident may not be covered, and most other drivers are probably not cruising employees with liability.
  • Local Port and Harbor Regulations: Local police, ports, and harbor authorities may have specific regulations and safety protocols to protect bystanders and sea lanes. Violations of these regulations can be relevant to liability.

Navigating the legal aspects of an injury or drowning incident can be complex. The applicable laws may differ depending on the specifics of the case. Injured bystanders or their families must consult with an experienced maritime law attorney who can assess the details of the incident and determine which laws apply. The humble and aggressive cruise ship accident lawyers at Ehline Law Firm can help guide them through swiftly seeking compensation. Additionally, we are experts at gathering evidence, making a proper accident report, documenting the incident, and assisting clients to seek swift medical attention.

Review: Factors Affecting Liability

  • The cause of the accident: A thorough investigation is crucial to pinpointing who or what was responsible.
  • Passenger contract terms: The terms and conditions outlined in passenger contracts may stipulate liability limitations.
  • Applicable maritime law: Specific laws and regulations govern naval accidents and can influence liability determinations.

Parties Involved in Determining Liability

Several parties could play pivotal roles in determining liability:

  • Cruise line company: Responsible for the vessel and its operations. (the cruise line company may bear primary liability.)
  • Ship captain and crew: The actions and decisions of the ship’s crew, including the captain, can influence liability.
  • Other ships involved in the accident: If multiple vessels are affected, the penalty may be distributed among them.
  • Insurance companies: Insurance providers for the cruise line and other parties involved may contribute to compensation.

Compensation for Cruise Ship Collision Accidents

Passengers who suffer injuries or damages during a cruise ship collision accident may be eligible for various forms of compensation, including:

  • Medical expenses: Coverage for medical bills related to injuries sustained in the accident.
  • Lost wages: Compensation for income lost due to injuries, recovery, or rehabilitation.
  • Pain and suffering: Damages for physical and emotional distress experienced due to the accident.
  • Emotional distress: Compensation for psychological trauma resulting from the incident.

Shore Excursions and Liability

Cruise ship shore excursions offer exciting opportunities to explore foreign destinations ashore. However, accidents can occur during these activities, introducing complexities regarding liability and compensation.

Understanding Cruise Ship Excursions

Cruise ship excursions are pre-arranged activities provided to passengers while in port. These excursions encompass a wide range of experiences for people. Passengers can take a break, get a boat, and head to shore.

From a Car Accident to Slipping on a Dock

From there, they can sometimes participate in snorkeling and guided tours on a bus, or even a rickshaw, or horse-drawn carriage. Passengers can often book these activities through the cruise line company or independent tour operators. Although not a shore excursion, one recent case involved a boy jumping off a pirate ship tour into shark-infested waters. Our firm struggled to find out who was liable for booking the time and no, it was not real pirates.

Liability for Cruise Ship Excursion Accidents

Liability for accidents during cruise ship excursions depends on many factors that will come into play. If you booked your trek through the cruise line company, they may be liable for your injuries or damages. However, note that if an independent tour operator booked your trip, they might be partially or fully exposed.

Hiring a Cruise Ship Lawyer

Guidance from a cruise ship lawyer is crucial for passengers, crew, and others injured during a cruise ship collision. For most lawyers, this is not their cup of tea. But if you want to receive an award of maximum financial compensation, you’ll need a detail-oriented cruise ship lawyer.

Reasons to Hire a Cruise Ship Lawyer

  • Expertise in maritime law: Cruise ship lawyers will possess specialized knowledge in maritime law. This enables them to offer tailored advice for any party or claim under their control.
  • Navigating the legal process: The best attorneys will guide injured passengers through the legal intricacies, ensuring a smoother journey toward total and fair compensation.
  • Representation in negotiations: Cruise ship lawyers have to be able to advocate on behalf of wounded passengers during negotiations with cruise line companies or insurance providers. Make sure you hire the right lawyers.

What to Look for in a Cruise Ship Lawyer

When hiring a cruise ship lawyer, consider the following factors:

  • Specialization in maritime law: Ensure your potential injury attorney has experience in admiralty naval law claims and a deep understanding of international treaties and other obligations you’ll need to learn to win big.
  • Experience handling cruise ship cases: Prior experience handling similar cases shows competence in navigating complex legal matters on the high seas. Ehline Law, for example, has not only litigated these cases but has also lobbied Congress for strengthened cruise ship safety laws.
  • Proven track record: Assess the lawyer’s history of securing compensation for clients in cruise claims throughout several states. This reflects on the areas of law they practice and their ability to achieve favorable outcomes.

Ultimate Guide To Cruise Ship Dock and Pinch Incidents Summary and Conclusion

In conclusion, cruise ship collision accidents can have far-reaching consequences for passengers, necessitating a clear understanding of liability determination and compensation options. The recent dock accidents in San Francisco and Italy highlight the deadly effects of collisions and allusions.

Recognizing the unique challenges associated with cruise ship vacations and the importance of engaging the right cruise ship lawyer is crucial. By adhering to these guidelines, passengers can ensure they are prepared and protected in a cruise ship collision accident. Michael Ehline is always ready to assist international cruise victims 24/7 at (213) 596-9642. Like and follow him on Twitter here.

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!

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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.