Cruise Injury and Maritime Law

February 20, 2013

Florida Cruise Ship Injury Lawyer :: Carnival Cancels More Cruises Due to Triumph Disaster

by Whittel & Melton, LLC

Earlier this month an engine room fire erupted on the Carnival Triumph Cruise Ship, leaving the 3,143 passengers and 1,086 crew members on board floating 150 miles off the coast of Mexico for several days.

While no one was injured during the engine room fire, the conditions on the 14-story cruise ship were anything but sanitary. There was no hot water, no air-conditioning, spoiled food and passengers were forced to use plastic “biohazard” bags instead of toilets.

The ship set sail from Galveston, Texas on Thursday Feb. 7th and was scheduled to return from Mexico on Feb. 11th. After the power outage sent the vessel drifting 90 miles off course, three tug boats pulled the ship to a port in Mobile, Alabama.

Carnival announced that passengers will receive a full refund, a credit for a future cruise equal to the amount paid would be provided, as well as $500 in compensation.

Now, Carnival Cruise Lines has cancelled many future cruises scheduled for the Triumph and has recognized that the ship had mechanical problems before it left from Galveston on Feb. 7th. In fact, this is not the first time the ship has experienced malfunctions. Recently, the ship’s alternator had technical problems while at sea on another voyage. The National Transportation Safety Board has opened an investigation into the cruise line.

Carnival Corp. shares are already taking a blow. It is estimated that the cancellations and Triumph’s repair costs will result in a $0.08 to $0.10 earnings per share drop in just the first half of the year.

Whatever the problem with this cruise ship, be it a manufacturing defect, a maintenance problem or design problem, Carnival provided the cruise ship and therefore has a duty to supply passengers with a safe vessel. By failing to do so, the cruise line could certainly be held responsible for any damages suffered by passengers.

If you do wish to file a claim against the cruise line, it is important to understand that the rules listed on the back of your Carnival Ticket may require you to file a lawsuit within a limited time frame. In the past, some tickets have indicated that passengers must complete a claim within a short 185 day period. If you are curious about making a claim, check the back of your ticket for any limitations imposed. When it comes to cruise ship injury lawsuits, it is best to take action as soon as possible.

January 28, 2013

Florida Cruise Ship Injury Lawyer :: Child Seriously Injured in fall aboard Royal Caribbean Cruise

by Whittel & Melton, LLC

Orlando, FL – A cruise ship headed to the Bahamas last month was forced to return to port in central Florida after a 14-month-old was injured in a fall aboard the ship.

Royal Caribbean officials claim the child fell aboard the Monarch of the Seas. The child did receive medical treatment on board the ship, but needed to be hospitalized.

The ship turned around and returned to Port Canaveral, where the child was taken to a hospital.

In most cases, a cruise is a fun experience for children and their families. However, sometimes a child is injured on a cruise ship, which can create a complex situation. Cruise ship injuries are handled quite differently than injuries sustained on land. In fact, cruise ships have their own set of laws, meaning there are special clauses regarding personal injury matters. The specifics are usually outlined on the back of your ticket. Sadly, the laws concerning cruise ship accidents are not exactly passenger-friendly.

Passengers injured while aboard a cruise ship need to be aware that there is a statute of limitations placed on accident claims. In some instances, passengers have less than a year to bring a personal injury lawsuit against a cruise line, and sometimes, the statute of limitations is shortened to only six months from the date of injury. A Florida Cruise Ship Injury Attorney at Whittel & Melton can make sure you understand your rights and fight for your justice.

December 10, 2012

Florida Cruise Ship Injury Attorney :: Cruise Industry Groups Reveal New Safety Policies

by Whittel & Melton, LLC

Two cruise industry groups, Cruise Lines International Association and European Cruise Council, announced a set of new safety measures recently that will focus on lifejacket storage, stability of heavy objects and operating procedures in the bridge area.

The new policies are the most recent to come out after an intense review of the Costa Concordia shipwreck in January.

One of the biggest changes requires new cruise ships for which a contract is placed on or after July 1, 2013 to stow lifejackets near muster stations or lifeboats so they are easily accessible in case of emergency. In the past, most cruise lines have kept lifejackets in passenger rooms.

In addition, cruise lines must also make sure there is a way to secure heavy items like pianos, treadmills or televisions at all times in case of severe weather so that passengers are guarded against injury.

Lastly, the industry has implemented a policy of enforcing consistent operating procedures on the bridge between ships on different brands owned by the same company. Cruise lines are currently working on fulfilling this policy.

Thousands of passengers are injured on cruise ships every year. However, it is important to recognize that cruise lines have an obligation to provide passengers with a safe environment. As a passenger aboard a cruise ship, you expect to enjoy a safe vacation. Sadly, many passengers are injured or killed due to cruise ship negligence. When a cruise line fails to maintain or properly inspect the ship or does not provide adequate security, serious injuries and even death can result.

January 23, 2012

Florida Cruise Ship Injury Lawyers Whittel & Melton :: Cruise Ship Disaster in Italy May Impact Future Bookings

by Whittel & Melton, LLC

The strong-growing cruise ship industry may face at least a short-term slump following the Costa Concordia disaster.

Wall Street analysts, travel agents and other cruise line industry spectators expect a brief drop in bookings as controversy churns around the safety of cruise vacations. It remains unclear if the impact of the Costa Concordia disaster will have a long-term effect on the industry.

Analysts are apparently slashing 2012 expected earnings for Costa Cruises’ parent company Carnival to take into account the influence of costs related to the disaster, the Costa Concordia being removed from service and an anticipated drop in demand. The accident occurred during what is called “wave season,” the January-to-March period when cruise bookings are at their highest.

The 5-year-old Costa Concordia partially sank on Jan. 13 after hitting rocks in Giglio, a small island off the Tuscan coast. At least 11 people were killed and more than 20 remain missing.

Costa Cruises as well as Italian prosecutors are blaming the ship’s captain for the accident because he allegedly took the vessel off course to sail closer to the island.

The cruise ship industry has overcome previous tragedies at sea. In 2010, a fire onboard the Carnival Splendor left the ship adrift without power for days, which had no negative effect on bookings in the long run. The 2007 sinking of Louis Cruise Lines’ 1,500-passenger Sea Diamond, that hit rocks and left two people dead, also had little to no impact on future bookings.

Some experts say the Costa Concordia disaster could be different because of constant negative media attention surrounding the accidents in combination with the loss of life. According to industry watchers, the picture painted by the media is that the crew reacted badly and even irresponsibly, which does not build confidence among consumers. Costa Cruises and parent company Carnival are also being criticized for their response to the tragedy.

Miami-based Carnival at present time has said the loss of use of the Costa Concordia this year will reduce its earnings by $85 million to $95 million. Tens of thousands of travelers who already have paid for cruises on the liner will have to be refunded.

In addition to the loss of use of the Costa Concordia, Carnival also faces the costs connected to personal injury liability and damages to the ship, although the cruise line says it fully expects insurance to cover both areas. Should investigators find that the cruise accident was caused by inappropriate actions by the captain, Carnival could be cleared of any liability.

Carnival has yet to decide if they will fix the Costa Concordia that cost around $570 billion to rebuild. If they do, the ship will likely be out of commission for at least the rest of the year.

The nation’s largest cruise franchise, CruiseOne, reported that it has actually seen an increase in bookings this year by 5.9 percent when compared to last year.

In New York, shares of Carnival stock reportedly dropped almost 14 percent, which is the biggest drop since the 9/11 terrorist attacks.

In this case, to recover punitive damages against Costa or its parent Carnival, a person would need to prove gross negligence on some level by the company and not just the captain. Florida law requires that some negligence by the company be shown in order to prove punitive damages. It will be interesting to see how the investigation will play out and what actions Costa and Carnival decide to take.

A dream vacation aboard an ocean cruise can turn into a nightmare when dangerous conditions leave passengers suffering from injuries or death. It is important to act fast and contact a Cruise Ship Injury Attorney immediately if you feel your injuries or a loved one’s death are the result of cruise line negligence. In many cases, there is a one-year statute of limitations on personal injury or wrongful death claims against the cruise line. Because of this short window of time, it is critical for an attorney to investigate your injury claim promptly by locating and documenting the conditions aboard the ship and interviewing any witnesses and crew members while they are in port.

At Whittel & Melton, our attorneys can handle any and all types of injuries that can occur on a vacation cruise:

• Waterslide and swimming pool catastrophes
• Slip and Fall accidents
• Physical or Sexual Assault
• Severe Illness from Contaminated Foods
• Medical Negligence
• Excursion Accidents
• Drowning