Missing a port due to the hurricane season or receiving lousy customer service can ruin the entire cruise experience. In such situations, cruise ship passengers must voice their concern with the cruise member, the guest services, or their travel ombudsman to address the problems.

Ehline Law and our cruise ship accident attorneys have over 15 years of experience acting as a travel “ombudsman” to injured passengers and helping them get the compensation they deserve. Here, we will go over how passengers can raise their issues and resolve their grievances following a bad cruise experience.

Who Is My Cruise Ship Travel Ombudsman?

When you have a complaint against the cruise line, you may seek compensation or resolution to help you resolve your grievances.

Whether the customer service was below par or there was a change in the cruise itinerary, reaching out to the cruise lines with formal complaints can be tiring for cruise passengers.

Suppose you’ve tried your best to communicate your concerns with the cruise line and don’t hear from them or get the positive response you’re looking for. In that case, you may want to consider launching a complaint with the Federal Maritime Commission’s Office of Consumer Affairs and Dispute Resolution Services (CADRS).

CADRS is a federal agency that acts as your travel ombudsman for complaints involving grievances against cruise lines. Many cruise lines avoid reaching out to customers, but when CADRS get involved, they ensure that the cruise line reads your complaint and reaches out to you.

Although CADRS won’t offer you the compensation you may be looking for, they are there to mediate talks between yourself and the cruise line.

What Services Does the Federal Maritime Commission CADRS Provide?

CADRS, a department of the Federal Maritime Commission, helps cruise ship passengers with problems associated with their cruise experiences. However, the department does not assist with gambling issues, safety problems, and any issues arising from travel agents.

The Federal Maritime Commission department deals with connecting passengers with the cruise lines about their grievances relating to cruise experiences for cruise ships departing from any port in the United States. CADRS does not provide assistance pertaining to cruise complaints on foreign cruises as it does not fall under their jurisdiction.

It is important to note that CADRS does not have statutory authority to force a cruise line into taking a particular action to address a complaint.

How to File Cruise Complaints with CADRS?

If you’ve had a problem with a cruise line staff or had a bad cruise experience and can’t connect with the cruise line after your trip for compensation, you should reach out to CADRS by emailing them at complaints@fmc.gov.

In your email, you should provide details about the nature of your complaint, the cruise you were on, your ticket details, and what sort of compensation you’re looking for. Send screenshots of any correspondence or evidence in the email attachment.

Handling Complaints on a Cruise

Cruise lines want the passenger’s experience to be excellent as they want them back. More loyal passengers mean big bucks for cruise companies.

Whether it is something small as a meal that is not to your liking or major issues like charges to your onboard account, water leaks in cabin rooms, missing cruise ports, or bad customer service, you should take immediate steps to notify the cruise line about it while on the cruise.

Inform the Cruise Line Staff

You must voice your concerns with the staff and let them know about your experience to initiate a dispute resolution process. Always remain calm and be polite to the staff you’re complaining about. If you’re rude and loud, the chance that the crew member would go out of their way to help you is minimal.

Allow the Cruise Ship to Make Things Right

Reach out to the crew members that could help resolve your issue. For example, if the cabin steward didn’t clean your room well after room service, you should speak to them directly.

Follow the Chain of Command

If speaking directly to the relevant cruise line staff does not make things right for you, it’s best to follow the chain of command and contact the supervisor about your complaint.

Reach out to Guest Services

For bigger problems that may take some time to resolve, it’s best to leave a complaint with guest services. They’ll hear you out and request you to write details of the nature of your complaint on the complaint card.

Follow up on Your Complaint

After you’ve filed your complaint, you must follow up with guest services the next day if they haven’t resolved your issue.

Remember, guest services might have a busy week which may explain why your complaint is taking longer than usual. Inquiring about your complaint can tell you whether they’re working towards fixing the problem or would instead propose an alternate solution.

Always be upfront with the guest services and tell them what you want. If it’s reasonable, they will most probably accommodate your request. 

However, cruise lines won’t entertain unreasonable requests such as requesting a free cruise or a full refund because you didn’t like your lunch buffet or the shore excursions weren’t up to your standard.

Contact Your Travel Agent

Whether you were on a Royal Caribbean cruise or any other cruise ship, contact your travel agent, as they can provide you with the email contact of the relevant cruise line department or person to help address your concerns.

Send an Email to CADRS

If the cruise line still doesn’t respond after your emails to them, contact CADRS and file a formal complaint to help mediate.

An Attorney Is Your Travel “Ombudsman” If You’re Injured on a Mega-ship

The bigger the ship, the longer the lines snaking around activities, which can increase the risk of accidents and injuries.

Although the US Coast Guard conducts checks to ensure that the cruise ships comply with laws and regulations, they cannot help you get compensation for the injuries sustained on a cruise ship.

Cruise passengers who suffer injuries due to the negligence of the cruise ship employees must speak to our experienced personal injury attorneys.

If you’ve suffered injuries due to the negligence of cruise ship employees, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

With so many overboard incidents on cruise ships and the recent Covid-19 outbreak on Princess Cruise, it raises some troubling questions on whether any regulatory bodies enforce cruise ship laws and ensures the protection of cruise ship passengers.

Previously, there were no regulations pertaining to cruise ships when the industry first began, but over time, the federal government gave authority to different organizations and introduced legislation that would ensure the safety of cruise ship passengers.

Ehline Law and our cruise ship accident attorneys have more than 15 years of experience handling cruise ship accident claims with a superior track record in applying relevant laws and recovering compensation for our injured clients.

Our cruise ship accident attorneys have deep knowledge of cruise ship laws and have discussed the relevant legislation on media channels such as CNN, NBC, and CBS. Let’s look at the regulatory bodies and the regulations surrounding the cruise industry.

Regulatory Authorities

Many different regulatory bodies enforce cruise ship laws during cruise operations, which may vary from one aspect of the cruise ship to another. Regulatory authorities are responsible for setting comprehensive standards pertaining to different aspects of the cruise, such as safety, security, health, environment, and the cruise ship workers. Some of these regulatory authorities include the following.

US Coast Guard

The US Coast Guard is responsible for enforcing and regulating cruise ship safety. Every cruise ship has to follow the vessel inspection laws of the flag it holds, meaning cruise ships registered in a particular country must follow the inspection laws of that country. 

However, when these cruise ships take on passengers at any port in the United States, they must follow the International Convention for the Safety of Life at Sea and any other regulations that may apply to the cruise ship. 

These regulations may pertain to structural fire protection, watercraft integrity, environmental protection, and many other aspects of the cruise ship. 

To ensure that the cruise ships follow the applicable laws in the United States, the US Coast Guard has the duty to conduct routine operations on the cruise ships.

Centers for Disease Control and Prevention (CDC)

The US Centers for Disease Control and Prevention (CDC) is the country’s top science-based, data-driven service organization that takes measures and creates awareness in order to protect the public’s health. 

It may seem unconventional for the CDC to work with cruise lines in enforcing regulations, but the organization has had the authority since 1944 after the passing of the US Federal Law, the Public Health Service Act.

In 1944, the newly instated law gave the federal government the authority to prevent the introduction, transmission, and spread of infectious diseases from other countries into the US.

In 1970, the CDC created the Vessel Sanitation Program to prevent gastrointestinal (GI) illnesses on cruise ships. Since cruise ships visit foreign countries where passengers disembark and then return to the United States, there may be a risk of spreading diseases, making it the responsibility of the CDC to enforce and implement health and safety regulations.

In January 2020, the CDC issued a “No Sail” order following the outbreaks of Covid-19 on the Diamond Princess and Grand Princess cruise ships.

Environmental Protection Agency (EPA)

The Environmental Protection Agency is a federal government agency whose mission is to protect human and environmental health. As the cruise ship industry grows, there is an alarming concern over the environmental impacts the industry may have, especially pertaining to cruise ship discharges.

The EPA has produced an overarching report that examines five different types of cruise ship discharges and discusses the following:

• The acceptable amount of waste generated by cruise ships
• The laws that apply to waste generation on cruise ships
• How the cruise ships should manage their waste
• The impact of cruise ship waste on the environment
• The actions the federal government has taken to address cruise ship waste
• Alternatives to addressing cruise ship waste in the future

The Environmental Protection Agency is responsible for enforcing cruise ship waste laws by conducting inspections and taking action against cruise lines that violate applicable laws.

Who Enforces Cruise Ship Laws: International Regulators and What They Oversee

International Labour Organization

The International Labour Organization focuses on advancing social and economic justice by setting international labor standards.

The International Labour Organization is responsible for introducing and implementing laws that protect seafarers. It establishes the standards for minimum conditions for “decent work” and many other issues such as discrimination, safety at sea, minimum wages, pension, and conditions of employment, among other issues.

World Health Organization

The World Health Organization (WHO) is responsible for international public health and works to promote health, keep the world safe, and serve the vulnerable. During the recent Covid-19 pandemic, we saw how the WHO played an active role in creating a checklist and providing a handbook (manual) for cruise ships to follow to prevent the spread of the coronavirus.

WHO reaches out to relevant organizations in the country to inform them of violations and requires them to take suitable measures or enforce laws to prevent the spreading of diseases. 

For example, if the WHO suspects a serious disease aboard a US cruise ship, it will work with relevant authorities in the port countries, such as the CDC in the United States, to prevent the spread of the disease.

International Maritime Organization

The International Maritime Organization (IMO) is a specialized agency of the United Nations that sets standards for shipping, the safety of life at sea, and related issues. It is responsible for developing and maintaining a comprehensive regulatory framework for shipping that includes environmental concerns, legal matters, cruise vessel security, and other aspects of international shipping.

In 1973, the IMO hosted an international gathering where they decided to tackle the oil spill issues following the tanker Torrey Canyon incident, the largest environmental disaster that pushed 120,000 tons of crude oil into the English Channel. 

Following the gathering, the IMO introduced guidelines that would help prevent large ship accidents and provide information on how to deal with environmental disasters.

Inspection and Enforcement

There are three layers of inspection and enforcement of international laws on cruise ships, including the following.

Port States

When a cruise ship visits another country, the port state has the authority to carry out necessary inspections and enforce international and national laws, including local regulations. These port states have the responsibility to enforce compliance where required.

Countries of Registration

Before issuing registration to a cruise ship, the flag state (where the cruise ship is registered) must ensure that the ship complies with all international and national requirements.

It is important to note that cruise lines register themselves in the country with relaxed laws, allowing them to operate without the US Coast Guard breathing on their necks.

Classification Societies

A ship classification society establishes and maintains standards pertaining to cruise ship construction and operation and offshore structures. Other societies also enforce domestic and international laws on cruise ships and ensure that the cruise ships follow applicable standards pertaining to environmental guidelines, safety, construction design, and other aspects.

These organizations (local and international) mentioned above constantly update their local or international regulations and lobby for laws that align with their mission. They may host annual or semi-annual meetings and general sessions whenever required to convey their message to the cruise industry.

Regulating the Cruise Industry Is Challenging

The cruise industry’s contribution to the US economy grew to $55.5 Billion in 2019, and it continues to expand as prices for a cruise ticket fall and the number of cruise passengers increases. As these companies get bigger, their control or power over bills and legislation becomes stronger.

An example of the cruise industry’s influence on Congress is visible with the Hammer Law bill introduced by Senator Deb Fischer. The bill looked at expanding protection to cruise ship passengers and their families by making additional compensation recoverable for nonpecuniary damages.

Considered a revolutionary bill backed by the American Association for Justice, it was a great move that would hold the cruise lines responsible for their actions. However, major cruise lines used their power and influence to block the bill.

The cruise industry spends millions every year to protect its own interests. In 2019, Carnival Cruise Line spent $400,000 in lobbying bills, and this is just one company out of the 50 cruise lines that make up the Cruise Lines International Association.

In 2020, the Norwegian Cruise Line Holdings, Carnival Corp, and Royal Caribbean cruise line released over $40,000 to senators to help them block laws that would damage the profit margins and reduce the influence of cruise lines in the United States.

When asked why they try to lobby such laws that protect the interests of cruise ship passengers, the Cruise Lines International Association argues that cruise ships are the safest mode of transportation, highlighting a reduction of 37% in cruise ship accidents from 2009 to 2018.

However, these figures do not match the government statistics that suggest an increase of 30% in cruise ship crimes. As the cruise lines get bigger with every passing year, they’ll gain more power and influence, allowing them to control cruise ship laws. 

But, we at Ehline Law are not afraid to enforce cruise ship laws against cruise lines to protect the rights of our clients suffering from cruise ship injuries and get them the compensation they deserve.

Schedule a Free Consultation with Ehline Law

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

Our cruise ship accident attorneys have a deep understanding of local and international laws and maritime law, and we can help assess your claim, build a strong case, and fight for the compensation you deserve!

According to the Department of Transportation (DOT), sexual assaults make up about 75% of all crimes on cruise ships reported from 2010 to 2022, with 70% happening on Royal Caribbean or Carnival ships. With rape, assault, and other crimes happening, many cruise ship passengers are starting to question the security measures cruise lines have to ensure the safety of their guests.

Ehline Law and our cruise ship accident attorneys have over 15 years of extensive experience helping cruise ship accident victims get the compensation they deserve. We understand how concerning security is for cruise ship passengers, and here we will go over the security protocols deployed in most cruise ships registered in the United States.

Are There Jails on Cruise Ships?

Not all cruise ships have jails onboard, but they all have a plan in case the crew members need to address a threat. The cruise industry does not disclose its policies on handling crimes on the cruise lines, but every cruise line has a plan.

Some cruise lines may place the offender on a cabin’s arrest, while others will lock the offender in a cell (commonly referred to as a brig) crew members have access to, guarded by the security guard onboard. The onboard jail or detention area is away from the guests and located in crew member areas only.

On larger cruise ships, there are safe lockup rooms or padded cells with beds, while smaller cruise ships have alternative ways of controlling a threat onboard.

A cruise ship security team has to decide on whether someone goes to jail or disembarks, and they must take the decision as soon as possible to avoid any further altercations involving the offender and other guests to ensure the safety of other passengers.

The cruise lines do not intend to keep offenders under lockup for a greater period of time, and placing an offender in a brig is the last resort, something that the cruise line tries to avoid. Instead of jailing the passenger, most cruise lines would have them locked up in their cabin room.

What Are Cruise Ship Jails Like?

Since these jails are there to hold offenders, don’t expect anything luxurious as expected of cruise ships. The brigs are pretty basic and are small rooms designed similarly to modern jail cells rather than the traditional jails with iron bars. Usually, the cruise ship jail door is made of steel rather than iron bars and has a “Brig” sign.

Modern cruise ships have jails that contain a room with a bed, shower, and toilet, all the necessary amenities a riled-up passenger needs until they’re removed from the cruise ship at the relevant port. You may not find a shower or toilet in a cruise ship brig on a small vessel.

The aim of a cruise ship jail is to hold a passenger for a short period of time until the threat subsides or until the cruise ship arrives at the next port, where they will hand over the passenger to law enforcement authorities if required.

Can You See Cruise Ship Jails on a Cruise Ship?

Although cruise ships have jails, not all allow passengers to view the brig. However, some cruise lines, such as the Carnival Cruise Line, offer tours of the entire cruise ship, including lower decks which are typically not open to passengers.

On the Carnival Cruise Line, the “Behind the Fun Tour” allows passengers to walk past the brig and see what it’s like.

Are There Security Measures in Place While a Cruise Ship Is at Sea?

Cruise lines have security measures in place and provide crew members with the necessary training regarding crime and reporting. 

Although the security measures may vary from one cruise line to another, the following are some general onboard security measures a cruise line has in place:

• The safety team scans every bag and guest when passengers board cruise ships to ensure no one carries any prohibited items. When the security team finds any banned items, they may remove them from the passenger’s possession or deny them access to the cruise. Drugs, firearms, knives, and flammable substances are some examples of prohibited items.
• A cruise ship has several trained security guards onboard with various roles that provide security on a cruise ship 24/7. They know the steps to take if a crime occurs aboard a cruise ship.
• The cruise ship security team is responsible for reporting all crimes that happen on a cruise to the cruise ship captain and the relevant authorities.

It is a legal requirement for all cruise ships to have a security team present, which may involve guards, supervisors, and security officers. The team is responsible for the safety of the cruise ship passengers and the crew members by implementing and enforcing policies across all parts of the cruise ship and reporting unusual incidents during their safety rounds.

Cruise Ships Have Security Guards and Others That Make up the Security Team

A cruise ship security team may consist of a cruise ship security officer, security guard, supervisor, company security officer, and many others. Most of these have experience working in the military or as security officers in the hospitality industry.

Security guards on cruise ships are responsible for safety rounds, inspecting and maintaining security to ensure the safety of the passengers and employees.

Roles and Responsibilities of a Cruise Ship Security Supervisor

Security supervisors are responsible for supervising and controlling ship entry, and they conduct safety rounds to inspect the safety of the ship and the cabins. 

Some skills required to become a security supervisor include excellent managerial skills, organizational operations pertaining to safety, and conflict resolution skills.

Roles and Responsibilities of a Cruise Ship Security Officer

A cruise ship security officer is responsible for implementing and maintaining a cruise ship security plan while coordinating with the port facility security officer and other relevant personnel.

Some of the roles and responsibilities of a cruise ship security officer include the following:

• Carrying out regular safety inspections throughout the shift
• Changing the cruise ship security plan when required and offering proposals on the necessary changes
• Provide valuable input in the ship security plan and assessment
• Provide the relevant training to the ship’s crew members in tackling security issues
• Inform the cruise line and the ship’s captain about any security incident that arises
• Assist other security officers in carrying out their duties

Reasons Why a Guest May Face Jail Time on a Cruise

There are several reasons why a guest may end up in a cruise ship brig, and some of the most important ones include the following.

Cruise Ships Have Jails for Passengers Who Commit a Serious Crime

If the guest committed a serious crime, such as assault or murder, aboard the cruise ship, the security team must place them in the brig to prevent harm to other passengers. Once the cruise ship arrives at a port, the local authorities would take the offender into custody for further action.

Although murders are pretty rare on cruise ships, they do happen. The following are some of the horrifying murders that took place during cruises:

• Tamara Loraine Tucker became a victim of murder at the hands of her long-term lover Eric after an argument broke out on a Carnival Elation cruise ship in 2018. Eric strangulated Tucker before pushing her from the 13th deck, causing her to drop onto the 11th. The fall resulted in severe trauma leading to her death.
• In 2019, a married couple, Kristy and Kenneth Manzanares were on an Emerald Princess cruise heading to Alaska when Kenneth beat Kristy to death before attempting to throw her body over the balcony. The people in the opposite cabin saw Kenneth drag Kristy’s lifeless body toward the balcony, resulting in them reporting the crime.
• In 2015, Darla J Mellinger died at the hands of her husband on Holland America’s Ryndam after her husband found out she was texting another man. He broke a glass and used it as a weapon to stab his wife before hanging himself in the bathroom.

Cruise Ships Have Jails for Passengers Who Are a Danger to Themselves or Others Around Them

Putting people in jail on a cruise is something that cruise lines avoid, but if the passenger is threatening to hurt themselves or others around them, the security team may not have any other option but to place the passenger in jail. 

Another incident where a passenger could be a threat to themselves and others around them is when they’ve had a little bit too much to drink. Cruise lines must refuse the sale of alcoholic drinks to the already intoxicated passenger and place them under cabin arrest or in jail.

Cruise Ship Have Jails for Passengers Who Try to Scam Cruise Lines

Surprisingly, some people go on cruises to scam the cruise line into giving them a free cruise. These people fake a slip-and-fall accident and blame the cruise line hoping to receive some form of compensation. 

However, cruise ships have CCTV cameras onboard which means that they can investigate the accident to determine whether the passenger is telling the truth about the accident.

Although this wouldn’t warrant a visit to the jail, in some situations where the passenger violates the cruise line rules (going into crew member’s areas only) in the pursuit of their scam, the security team may place them in jail.

What Happens in a Cruise Ship Jail?

Whether the passenger committed a serious crime or was a threat to passenger safety, the security team will escort them to the brig, where they will detain them and confiscate their passport, smartphone, and cruise card.

The offender will typically be in the clothes they were in before the incident unless they’re inappropriate, in which case, the cruise ship will provide them with basic clothing. A cruise ship security team member will conduct safety rounds every 30 minutes to check up on the detained passenger.

The cruise ship will arrange water, food (usually basic), and any required medications. The detained passenger cannot have visitors at the brig but may be able to call their lawyer if needed.

Unfortunately, the passenger has to stay in the cruise ship brig until it arrives at the next port, where the security team will hand them over to the local authorities.

You May Want to Pursue a Personal Injury Lawsuit

Although a cruise ship may take measures against the perpetrator that harmed you, such as cabin arrest or jail detention, and let law enforcement handle the rest at the next port, you also have the right to pursue a personal injury lawsuit against the cruise line if their negligence resulted in your injuries.

A cruise ship is responsible for the safety of its guests while on the cruise, including protecting them from other passengers and crew members. If the cruise ship did not have adequate security onboard or failed to conduct the necessary inspections, they may be liable for the damages.

The laws surrounding your personal injury claim may vary depending on the circumstances of your injuries. Cruise ship claims are often complex, which is why it is crucial that you speak to an experienced personal injury attorney to discuss your case.

Schedule a Free Consultation with Ehline Law

If you’ve suffered injuries on a cruise ship due to the crew member’s negligence, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

Enjoying your vacation on a cruise ship is a great way to blow off some steam and relax. Although crew members are there to ensure you have a luxurious experience, cruise ship negligence can lead to an unforgettable experience for all the wrong reasons.

Falling overboard and cruise ship brawls are more common than you think. On December 15, 2022, a massive fight broke out on an MSC cruise ship, leaving a passenger dead. Ehline Law and our personal injury attorneys understand how the cruise industry lobbies laws in their favor which is why we work closely with injured cruise ship passengers to protect their rights against corporate greed.

Let’s explore the details of the recent overboard passenger incident and the brawl that started. Can passengers sue the cruise line for overboard or a brawl? Read on to find out!

Woman Goes Overboard, and a Brawl on Cruise Ship Leads to Several Arrests

A woman fell from the MSC Cruises Meraviglia ship traveling from the Bahamas to Florida. When the incident occurred, the ship was on its way from Ocean Cay in the Bahamas and was due to arrive at Port Canaveral in Florida.

The 36-year-old woman went overboard 18 miles off Florida, prompting an investigation. According to Marisa Aebi, one of the passengers on the MSC Cruises Meraviglia ship, there was a siren and an announcement of a missing passenger at around 5 AM. Aebi went on her balcony to see what it was all about and saw spotlights and the ship turning, suggesting someone had gone overboard on the cruise.

Soon after the announcement, the US Coast Guard officials arrived in a 45-foot vessel and a helicopter to locate the woman. At around 7:30 AM, a pilot boat found the body of the missing passenger and alerted the officials. Despite quick action from the relevant authorities, the missing passenger was fatally injured and did not make it. The US Coast Guard has started investigating the cause of the incident.

Authorities are not sure how the incident occurred, but the situation worsened when a massive brawl broke out on the MSC Cruises Meraviglia ship after the crew members temporarily prevented the passengers from disembarking the ship.

DailyMail.com received exclusive video footage of the MSC Cruises Meraviglia ship that showed passengers in a massive brawl when the MSC crew members tried to prevent them from disembarking at Port Canaveral.

According to an official report, the US Customs and Border Protection arrived on the cruise ship to control the situation and arrested several passengers.

A spokesperson for the Italian Cruise Line stated that the cruise ship’s advanced detection systems immediately alerted the crew members of an overboard passenger, leading to an immediate search and rescue mission.

Causes of Overboard Incidents on Cruise Ships

There are several causes of overboard incidents on cruise ships, including the following.

Wet or Uneven Floors

Wet floors and uneven surfaces are serious slip and fall hazards for all the guests on the cruise ship. Balcony barriers are pretty low, and it is easy for tripping passengers to fall from their balconies. A spilled drink on the terrace by a passenger on the floor above can cause the guest to slip and go overboard.

Damaged Balcony Railings

Passengers often lean on balconies to enjoy the clear views of the ocean, but a poorly built patio can turn their vacation into a nightmare.

A poorly designed balcony or lack of inspection and maintenance can cause balcony railings to break, leading to an overboard cruise ship accident.

Assault

In 2014 on MS Nieuw Amsterdam, a crew member raped a passenger, beat her up, and tried to throw her overboard to make the incident look like an overboard cruise ship accident. However, the passenger somehow managed to escape and alerted the authorities on the ship leading to an arrest.

In 2018, multiple fights broke out between cruise ship guests on the Carnival cruise ship, leading to several passengers being injured.

An overboard accident can occur after an assault carried out by a crew member or a guest, which is why there is a need for a proper investigation.

Intoxication

There is a massive supply of booze on cruise ships, and employees are often incentivized to convince passengers to spend their cash on alcoholic drinks. Too many drinks can cause passengers to go overboard. In 2013, Sarah Kirby went overboard after knocking down too many alcoholic beverages. Although she was eventually saved in a rescue and search operation, Kirby may never fully recover from the trauma she experienced that day.

Causes of Brawl on a Cruise Ship

Cruise ship guests may fight each other after a scuffle or an argument that blows out of proportion, leading to a brawl. However, there can be fights between cruise ship guests and crew members. There was a case where a crew member waited to be alone with an elderly guest and then pushed the passenger before assaulting them, resulting in common cruise ship injuries.

Whether an argument leads to a brawl or an intentional act of harm, Cruise Lines are liable for providing adequate security to ensure such incidents do not happen on their cruise ships.

Cruise Ship Liability: Can I Sue for Brawl and Falling Overboard Case

Whether it is a damaged balcony railing that results in a cruise ship accident or an argument that turns into a brawl, Cruise Lines are responsible for ensuring the safety of its guest on their cruise ships, even during embarking and disembarkation. When an accident happens on a cruise ship that results in injuries, injured victims may be able to bring a cruise ship injury lawsuit.

Cruise ships must have sufficient security to protect their passengers from crew members with malicious intent or other guests with short tempers. Lack of security can lead to severe injuries for which injured guests can hold the Cruise Line liable.

When it comes to protecting their guests, Cruise Lines must ensure reasonable inspections or conduct routine maintenance to prevent any hazards from harming their guests. For example, cruise lines must ensure that their balcony railings are sturdy or allocate schedules for inspection to identify slippery surfaces or other hazards and take corrective action.

Failing to protect their guests can lead to negligence and cruise ship liability, for which injured passengers can bring a civil action.

In cases involving overboard passengers, there is a need for an impartial investigation to help determine the cause of the incident. In the rape case on MS Nieuw Amsterdam, if the crew member succeeded in throwing the passenger overboard, it would be challenging to determine the cause of the incident without an impartial investigation.

Injured victims must work closely with an experienced personal injury attorney to help investigate the accident and gather the evidence needed to pursue a cruise ship lawsuit against the negligent cruise line.

Can You File a Wrongful Death Claim for Overboard Incidents or Brawls on Cruise Ships?

When family members lose their loved ones in fall accidents on cruise ships or at the hands of other guests or cruise ship employees, they may be able to bring wrongful death lawsuits against the Cruise Line.

Bringing a wrongful death action can provide the financial compensation grieving family members need following the death of their loved one, especially if the victim was a sole earner. However, pursuing a lawsuit against a Cruise Line is challenging, and surviving family members must reach out to an experienced personal injury lawyer for legal representation.

Why Choose Ehline Law?

Whether you need help with a cruise ship injury claim or a wrongful death lawsuit, Ehline Law is an award-winning law firm with more than 15 years of experience. Our experienced personal injury attorneys can help increase your chances of recovering compensation.

Here are a few reasons why you should consider choosing our law firm for legal representation:

• Recovered more than $150 million in compensation and handled over 3,000 personal injury cases.
• We have won several awards and achievements, such as the Superlawyers Rising Star award, the Premier Personal Injury Attorneys award, and many more.
• Experts in maritime law and state and federal laws.
• We have the resources and expertise to sue Norwegian Cruise Line, Crystal Cruises, Carnival Cruise Line, Princess Cruises, and other top cruise companies in the United States.
• Our attorneys can help build your cruise ship injury case and fight with the insurance company for the compensation you deserve.

Schedule a Free Consultation with Ehline Law

If you suffered injuries due to the negligence of a Cruise Line, contact us at (833) LETS-SUE for a free consultation, as you may be able to seek compensation.

Falling from cruise ships may not be a scenario that plays in your head often. The chances you’re on a cruise ship may not be high, let alone falling overboard.

However, what if you did fall overboard? This happened to James Michael Grimes, who survived almost 20 hours in the open sea after falling overboard the night before Thanksgiving.

James was aboard the Carnival Valor cruise ship, and although he claims he doesn’t have any memory of falling, he did leave us with some tips on how a person falling overboard can still survive.

The following page will outline how a person who falls overboard a ship can survive, as well as evaluate whether the Carnival Valor cruise ship did have any liability in this case or not.

What Happened to James Michael Grimes? An Overview

James Grimes (28, male), fell from a cruise ship when he was returning home to his family in Cozumel Mexico. He spent nearly 20 hours in the Gulf of Mexico before he was rescued.

Grimes claimed that thinking about his daughter, Annabeth, was something that got him through his darkest moments during the time he spent treading water.

At about 8:25 PM on Thanksgiving Day, crew members aboard the “Crinis” bulk carrier vessel alerted the US Coast Guard of James’s location.

A few moments later, the US Coast Guard lifted James from the water and into a helicopter that transported him to the Lakefront Airport in New Orleans.

Thankfully, James is currently stable and seeking help through a GoFundMe campaign to pay for all the medical bills, as he didn’t have insurance.

How to Survive Falling from Most Cruise Ships or Cargo Ships

Factors That Can Help You Survive If You Fall Off a Cruise

James’s story is certainly admirable, but there were many factors that aided his survival. According to Lt. Seth Gross, a US Coast Guard who works with search and rescue missions on the Louisiana Gulf Coast, there were many things that had to work out perfectly for James to survive the fall overboard.

Some of these factors involved:

• Surviving the fall
• Keeping himself afloat
• The fact that no sharks located him
• The fact that the Coast Guard acted swiftly.

On the other hand, the Search and Rescue Optimal Planning System outlined some factors that can affect whether someone who falls overboard survives or not.

Those factors include:

• The person’s weight and body fat percentage
• The person’s clothing
• Access to any floating object
• Weather and ocean patterns.

According to the Cruise Lines International Association, there were about 212 incidents on cruise ships between 2009 and 2019. Unfortunately, only 48 out of the 212 people involved in these incidents were saved.

What Can You Do?

Although falling from a cruise ship is unlikely, some particular scenarios could cause you to experience this type of incident.

Ideally, anyone who falls from a cruise ship could get a life ring thrown at them to survive, but what if no one saw you fall?

Thankfully, Cat Bigney, a survival expert who consulted for Nat Geo and Bear Grylls, has given people a few “Practical Things” they can do to increase their chances of surviving in the open ocean.

One – Stop Panicking

If you fall off a cruise and manage to survive the fall damage, you must do your best to avoid panicking.

It’s completely normal to panic about your time spent treading water, especially if you’re in a situation similar to James’s where the cruise ship isn’t in sight, and you’re all alone on the open sea.

The most common reaction to falling into the open ocean is gasping for air (which happens due to a cold shock response). However, this motion could make you get water into your lungs, which will decrease your chances of survival.

According to Cat Bigney, panicking is the biggest factor that contributes to a man overboard dying.

Two – Finding a Floating Object

Regardless of where you fell, you must do your best to stay above the surface. While some people have it easier to float for longer, it’s almost impossible to thread water for hours; you will get tired.

Some factors that will determine how long you will float include your body composition, muscle mass, and body fat percentage.

Even if you changed between floating, swimming, and treading, your body would eventually get tired, so what can you do?

First, try to find anything that floats. Grimes, in this case, tried chewing on bamboo, which is known for being buoyant.

If you didn’t find anything to float on, taking off your clothes could make you more buoyant. Still, finding something to get into will be better at making you safer from a predator or an “unidentified finned creature.”

Three – Making a Signal for the Coast Guard

Falling from a cruise ship away from shore may cause you problems, as you will have to wait until a Coast Guard helicopter or other ships see you. Even then, it’s hard to know how much time you will have to wait.

Due to the fact that there’s a lot of garbage floating in the sea, you can take some of that to make a signal. Once someone makes a report for a “Man Overboard,” a Coast Guard crew member estimates where the object making the signal may be coming from.

About the Lack of Food

A common concern in an overboard situation is food. You don’t know how long you can go on before you’re eventually rescued. Keep in mind that food will not be your primary concern in an overboard situation, as the human body is designed to endure some time without eating. The body can take calories from the fat and liver to regulate its temperature for a while.

However, falling in certain bodies of water may affect you. In James’s case, for example, he fell into a 70-degree water body, which was much colder than the average person’s baseline core temperature. In these life-or-death situations, your goal should be to keep moving to avoid dying from hypothermia or getting caught by potentially hungry predators, as you will likely be fine without food for some time.

Water temperature and rough water is the biggest immediate threat, especially when trying to stay afloat as the ship returns in the vast majority of cases. Don’t forget the water can be significantly colder in a man overboard situation in the great oceans off European waters than off the coast of Mexico, for example. This makes staying afloat hard, even in calm conditions.

It’s not recommended to drink salt water. Instead, you would create shelter from the sun to help you keep any water you already had in your system.

Where’s the Liability in This Case?

Are cruise ships liable for a man overboard? Technically, they could. Generally speaking, any person who fell on a cruise ship could sue the cruise line, but the process can be a bit more complicated for a man overboard.

Proving that overboard incidents were the cruise ship’s fault can be complicated, but if you work with an experienced lawyer, you may have higher chances of getting compensation.

A cruise ship can be liable for your damages if the incident happened for any of the following reasons:

• Defective Handrails: According to the Cruise Safety Act, every cruise ship traveling from and to the US must have 42-inch-tall handrails to prevent accidents.
• Violence: If someone falls from a cruise ship due to a crew member’s aggressive behavior, the victim can sue the cruise line. On the other hand, if the aggressive behavior came from someone unrelated to the ship, it can still be held liable if it anticipated the event and didn’t take any measures to stop it.
• Lack of Rough Sea Warning: Every cruise ship must notify passengers when it’s entering rough waters. If someone falls overboard due to the ship not informing them of rough waters, they could sue.
• Intoxication: A person can sue a cruise ship if the crew members serve them too much alcohol, getting them intoxicated, and therefore, more likely to fall.
• Poor Search and Rescue Efforts: Every cruise ship is obligated to notify and perform search and rescue operations once a person falls. If the members of the crew don’t report the missing passenger or fall incident, the victim can sue.

What Damages Could You Sue for?

If the cruise line is found to be liable for a person’s fall, it may become accountable for:

• Medical Bills
• Future Medical Treatment or Surgery
• Pain and Suffering
• Lost Wages
• Missed Work
• Loss of Future Earning Capacity
• Loss of Enjoyment of Life
• Disability or Death.

In the case of James, he had to set up a GoFundMe campaign to cover the medical bills from the fall, which could have added up to the emotional distress within his family.

To avoid these problems, it’s important to hire an experienced lawyer who can evaluate the case and determine if you’re eligible for compensation.

Surviving a fall from a cruise ship is already stressful enough, and even if you managed to survive without complicated physical wounds, you may still have to go under psychological treatment to deal with the trauma.

Even though falling from a cruise ship is traumatizing, the victim must talk to an attorney as fast as possible to build a case. The sooner the victim starts to gather evidence and counseling, the better.

Bottom Line – Contact Ehline Law for Legal Assessments

Overboard incidents are ones that should only stay in movies or TV shows. Even if luck is in your favor, and you stay afloat until someone saves you, you will still have to deal with hefty medical bills and long psychological treatment to deal with what just happened.

Going through these circumstances alone can be stressful, which is why we recommend hiring a lawyer to seek legal counsel.

If you or a loved one was involved in an incident surrounding a cruise ship, don’t hesitate to seek help from the legal team at Ehline Law.

We’ll be able to take a look at your case and determine how much compensation you’re owed.