Biloxi / Gulfport Personal Injury Lawyer - Cruise Ship Accidents

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

Jurisdiction in which to bring lawsuit dictated by cruiseline

Gerry McGill — Wed, 06 Jun 2007 15:35:05 GMT

If you are injured on a cruise, the cruise line can specify where you can bring a claim against them. They do this by putting a small-print paragraph in the Passenger Ticket. For example, Carnival Cruise Lines only permits claims to be filed in Miami, Florida. This applies no matter where you boarded the vessel or where the accident occurred.

Originally posted at InjuryBoard by Gerry McGill

Cruise Ship Fire Due to Lack of Modification

Shannon Weidemann — Tue, 08 May 2007 23:28:23 GMT

A fire on a cruise ship in May of last year was because a modification was not made to an engine part according to the official report. The fire was caused because a low pressure fuel pipe flange on the starboard engine failed. The accident on the cruise ship resulted in no injuries to passengers or crew.

A Marine Accident Investigation Branch (MAIB) report said there had been similar incidents of flange bolt failure "in the past and over 10 years previously".
It said frequent changes in the vessel's ownership could have been a reason why technical bulletins from the engine makers in 1995 and 1999 "were not effective in ensuring that the necessary modifications were carried out on The Calypso".

The report also criticized the response of the crew to the emergency. Passengers were evacuated to the lifeboats during the fire but it was not necessary for them to be lowered.

Originally posted at InjuryBoard by Shannon Weidemann