Biloxi / Gulfport Personal Injury Lawyer - Mass Transit (Airline, Cruise Ship, Train, Bus) - Most Commented

Church bus crash in Mississippi kills 1; injures 23

Gerry McGill — Mon, 13 Jul 2009 16:04:32 GMT

Church Bus Flips in Mississippi; Killing 1, Injuring 23

A church bus carrying a church youth group from Louisiana to Georgia flipped Sunday July 12 at around 10:20 a.m., killing one and injuring 23. The accident took place on Interstate 20 near Meridian, Mississippi. The Lauderdale county coroner, Clayton Cobler III, reports that a rear tire blowout caused the bus to flip three times before landing on its side and trapping passengers underneath. A group of National Guard soldiers were traveling on I-20 when the accident occurred and helped extricate the injured. They also managed to lift the bus up off the two people trapped underneath and get them out.

While some sources report the deceased to be an 18-year-old male, the Shreveport Times reports that he is 14-years-old. The young man was pronounced dead at Jeff Anderson Hospital. Passenger injuries range from severe pelvic, back and chest injuries to minimal scrapes and scratches. Sources report that three passengers were airlifted to the University of Mississippi Medical Center, while 13 were taken to Rush Foundation Hospital and six were taken to Regency Hospital of Meridian. Many of those injured were released from the hospital late Sunday.

The bus left the Shreveport, Louisiana church at 4:45 a.m. The youth group was traveling to Macon, Georgia to attend a week-long Christian youth camp called Passport, which is held at Mercer University. At the time of the accident, the bus was two miles west of the Alabama state line. The rollover happened near the visitor center. The First Baptist Church of Shreveport, Louisiana learned of the accident shortly before they began their Sunday morning worship. Dr. Greg Hunt, senior pastor of First Baptist, expressed appreciation for the heroic actions and support of those involved. The congregation is pulling together to overcome this unfortunate tragedy.

Unfortunately, this is not the first time a church bus has been involved in an accident. In Texas, a fatal church bus accident was also caused by a tire blowout.

http://www.youtube.com/watch?v=_B_arWTekeo

Originally posted at InjuryBoard by Gerry McGill

Coast Guard suspends search for Alabama woman

Gerry McGill — Thu, 18 Jun 2009 14:31:56 GMT

After searching more than 3,600 square miles over three days the Coast Guard has suspended its search for an Alabama woman who is believed to have gone overboard from a Carnival cruise ship late Monday night. A passenger on the Cruise Ship Holiday reported hearing a splash late Monday night when the ship was 75 miles southwest of Pensacola, Florida. A cabin-to-cabin search revealed that 50-year-old Michelle Vilborg of Bay Minette, Alabama was missing from the ship.

The FBI said its violent crimes unit is investigating Vilborg's disappearance. Agent Tim White said agents are looking at every possible angle.

A website that reports on passengers overboard from cruise ships, cruise junkie.com, reports that 7 passengers have been lost this year from Carnival cruise ships.

Originally posted at InjuryBoard by Gerry McGill

Armed Cruise Ship Security Team Fights Off Somali Pirates

Gerry McGill — Thu, 30 Apr 2009 14:06:58 GMT

An Italian cruise ship carrying armed Israeli security guards successfully fought off a hijacking attempt by Somali pirates last Saturday, April 25, 2009. The MSC Melody, a 670 foot Italian flagged cruise liner, was carrying 991 passengers and 536 crew members when it was attacked by a speed boat carrying six men armed with Kalashnikow rifles. When the pirates attempted to board the liner using a ladder with hooks, the crew sprayed them with fire hoses and he Israeli security guards opened fire with small arms. The pirates backed off but continued to follow the ship for about 20 minutes firing at it. The pirates left when a Spanish Naval Ship appeared on the scene.

This incident is believed to be one of the first times a non-military ship with private security guards has used guns to repel a pirate attack. Generally ships with guns onboard are barred from docking at non-military ports, a fact that is well known to Somali pirates. However, as in this case, to get around this restriction some vessel owners are hiring private security forces to board as a ship enters dangerous waters and then debark when the ship has passed beyond the danger area.

Republican Rep. Ron Paul of Texas in a video speech said: " We shouldn't say that they (commercial vessels) can't carry guns." He further stated that ship operators need to take responsibility for the safety of their vessels, crews, and passengers.

The avoidance of a hijacking putting more than 1500 people in danger by simply hiring a few armed guards should show policymakers the total absurdity of making ships sail unarmed into dangerous waters.

Originally posted at InjuryBoard by Gerry McGill

Maersk Alabama ship's cook sues shipowner and employer

Gerry McGill — Wed, 29 Apr 2009 12:02:35 GMT

Richard Hicks, the ship's cook on the U.S. flagged cargo ship, Maersk Alabama, that was hijacked by Somalia pirates on April 8, 2009 has filed suit against the shipowner and the operator alleging that they knowingly sent the ship into dangerous, pirate-infested waters without adequate security measures.

After the pirates boarded the ship, the crew was able to take one of the pirates hostage. The pirates also took Captain Richard Phillips hostage. The pirates subsequently promised to exchange Captain Phillips for the pirate hostage but reneged on the agreement after the crew returned the pirate and the pirates took Captain Phillips back to the lifeboat. The hostage situation ended when Nayy Seals oboard the U.S. destroyer Bainbridge simultaneously shot three pirates on the lifeboat to death while a fourth pirate was onboard the Bainbridge for medical treatment. Captain Phillips was freed, and the cargo ship proceeded on its voyage.

This is apparently the first time in nearly 200 years that the U.S. military has taken lethal action against pirates. However, rather than serve as a deterrent, pirate atacks have actuall increased off of Somalia.

Currently, merchant vessels do not carry weapons aboard but this is an issue that needs to be addressed immediately. There was a time when merchant vessels had a small armory aboard with weapons kept under lock and key kept by the Captain, but this is no longer the case.

Originally posted at InjuryBoard by Gerry McGill

Cruise tickets limit where cruise lines can be sued.

Gerry McGill — Tue, 17 Feb 2009 17:14:18 GMT

Last week I discussed how the cruise lines use the passenger ticket to limit the time an injured passenger has to file suit against a cruise line. In addition, provisions are inserted in tickets to specify the only place where the cruise lines can be sued. For example, if you are injured on a Royal Caribbean or Celebrity Cruises vessel you will be limited by a ticket provision to file suit only in the state or federal courts of Dade County (Miami), Florida. Carnival Cruise Lines, which is the largest cruise line, goes even further and specifies that suit can be filed only in the Federal District Court for the Southern District of Florida located in Dade County, Florida. Holland America Lines require suit to be filed in the Federal District Court in Seattle, Washington. Perhaps the most curious is Disney Lines which requires suit either in the state court in landlocked Brevard County, Florida or the Federal District Court for the great "seaport" of Orlando, Florida. These forum selection clauses are one of the most effective techniques used by the cruise line industry to limit personal injury litigation. The cruise lines are well aware that most of their passengers do not live near these ports and probably do not live in the same state. By requiring that all lawsuits be brought in only one inconvenient location, many otherwise valid lawsuits will never be pursued because of the victim's reluctance or inability to travel back to the area for depositions and trial.

Originally posted at InjuryBoard by Gerry McGill

Injured cruise passengers have only one year to file a claim.

Gerry McGill — Thu, 12 Feb 2009 14:08:36 GMT

Injured cruise line passengers have only one year from the date of an injury aboard a cruise ship to file a lawsuit or the claim will be forever barred. These cases are maritime law cases. Although the general maritime law provides for a three year period to file a lawsuit, a niniteenth century law allows cruise lines to shorten the time to one year just by inserting a paragraph in the passenger ticket. This provision is usually burried in the fine print around page 10 on the back of the ticket and all cruise lines take advantage of this law.

Originally posted at InjuryBoard by Gerry McGill

Illness Strikes During Carnival Cruise From Mobile

Gerry McGill — Wed, 30 Jan 2008 13:07:10 GMT

The Mobile Press Register reported on Tuesday, January 29, 2008, that 121 passengers and 22 crew members aboard the Carnival cruise ship Holiday contracted a stomach virus while on a trip to Mexico from Mobile.

Carnival Cruise Lines believes that the norovirus is to blame. The norovirus is a common and highly contagious sickness that causes vomiting, nausea and diarrhea.

Vance Gulliksen, the Carnival spokesman, said the cruise line typically does not offer refunds in cases like this " . . . because the virus was likely brought aboard the ship by a passenger."

This callous and cavalier attitude on behalf of Carnival is typical of the cruise lines where passengers are sickened on a cruise. No industry receives more protection from liability than the cruise industry.

In the event that the passengers should seek to be compensated for their illness, they would find that the passenger ticket contains a forum selection clause which requires that any suit against Carnival Cruise Lines be brought in the Federal District Court in Miami, Dade County, Florida.

The Holiday departed Monday afternoon, January 28, 2008, for another 5-day cruise to Mexico.

Originally posted at InjuryBoard by Gerry McGill

Bad Steering, Inadequate Training Caused Cruise Ship Passenger Injuries

Gerry McGill — Fri, 11 Jan 2008 16:16:46 GMT

The National Transportation Safety Board (NTSB) determined Thursday that improper training and bad steering by the ship's Second Officer caused a Princess Cruises ship to tilt suddenly in 2006, injuring almost 300 people, some seriously.

The NTSB said the Crown Princess's captain and crew failed to realize how fast they were going in shallow water leaving Port Canaveral, Florida. As a result, the cruise ship was sheering off to port and listing or tilting enough that the second officer, who was on the bridge, felt that he had to take immediate action to stop what was occurring.

Second Officer Adam Stratford stated: "I switched the system off NACOS (auto pilot) into hand steering and then I took the wheel myself." Stratford then said "I turned the wheel to port which was my mistake. I meant to go to starboard with the ship sheering off the port. I need to go to starboard but I went to port."

The Captain, Andrew Proctor, was not on the bridge when the July 18, 2006 accident occurred and he had placed the ship on auto pilot prior to leaving the bridge.

The ship tilted an estimated 16 to 18 degrees, causing the injuries to the passengers after passengers and objects tumbled. "The errors of the Captain and staff captain in operating the integrated navigation system resulted from inadequate training" the Board said.

After the accident the ship returned to Port Canaveral, Florida. The Crown Princess subsequently returned to Brooklyn, New York to close a 10-day Caribbean trip.

For more information on this subject, please refer to our section on Mass Transit Accidents.

Originally posted at InjuryBoard by Gerry McGill

Search Suspended For Passenger Missing From Cruise Ship

Kay Whitson — Wed, 20 Jun 2007 12:37:23 GMT

The U. S. Coast Guard this morning suspended its search for a 24-year-old man who was missing from the cruise ship Freedom of the Seas which was en route from Miami to Puerto Rico. Relatives last saw Brent Smith, a 24-year-old man, around 1:45 am Monday on his stateroom balcony. They reported him missing about 7 hours later. Following a search of the cruise ship to determine that Mr. Smith was not onboard, the ship reversed its course in order to conduct a search along the track that it had sailed. However, that search was unsuccessful, and the cruise ship resumed its voyage to Puerto Rico on Tuesday. The ship, operated by Miami-based Royal Caribbean Cruises, Ltd., was expected to dock in Puerto Rico on Wednesday, a day later than scheduled, and then return to Miami on Sunday.

Due to the length of time that has expired, it is not likely that Mr. Smith will be found. However, the AP reported that

Passengers have survived falls from cruise ships before, including three in March alone. A 35-year-old man was pulled from the water about eight hours after he went over the side of a Carnival Cruise Lines ship off Florida's coast on March 16. A few weeks later, a man and woman in their 20s went overboard from a Princess Cruises ship and were rescued about five hours later with no major injuries.
For more information on this subject, please refer to our section on Airlines, Cruises, Buses, and Other Mass Transit.
Originally posted at InjuryBoard by Kay Whitson

Three-year statute of limitations does not apply to cruise line injuries.

Gerry McGill — Wed, 06 Jun 2007 16:03:55 GMT

Although one section of the United States Code provides for a uniform three-year statute of limitations for all maritime torts, cruise lines can shorten the period of time for passengers to file claims against them to one year merely by inserting a clause in the fine-print section of the Passenger Ticket. This shortened statute of limitations has been upheld by the Court and is very important for injured passengers and attorneys representing them.

Originally posted at InjuryBoard by Gerry McGill