Honolulu Personal Injury Lawyer - cruise

Congress and Cruise Ships, Peepholes and Latches!

Wayne Parsons — Tue, 28 Jul 2009 13:56:05 GMT

There you go again! Those are the memorable words of Ronald Reagan in a Presidential campaign debate. Those words came to mind as I listened to Congress brag about making cruise ships safer by passing a law mandating peepholes and latches. Here is what Senator Kerry said about his get tough legislation in 2008:

“Over the past year our organization and other victims of cruise crimes have met numerous times with cruise lines executives in an effort to have them voluntarily take the necessary steps as outlined in our proposals,” said Carver, President of International Cruise Victims. “The cruise line industry has failed to step up to the challenge and make any significant changes to improve safety. That resistance to change is a clear signal to us that the only alternative left is for the United States Congress to move forward with legislation. I’m grateful to Senator Kerry and Rep. Matsui for their support in this endeavor.”

“It is absolutely appalling that the cruise industry does not have basic reporting and prevention mechanisms in place to keep their patrons safe,” said Rep. Matsui. “When a goliath like the cruise industry will not act in the best interest of the customers who are entrusting it with their personal well-being, then Congress has a responsibility to step in and shed some sunlight on the problem.”

“It’s important we continue the efforts to improve cruise ship safety which began in the last Congress, when I chaired the National Security Subcommittee,” said Rep. Shays. “The bottom line is, the crime statistics provided by the cruise industry are inaccurate and inadequate. This must change.”

Well that sounds pretty good so why do I complain? Well after the lobbyists from the "goliath cruise industry" (Senator Kerry's words) got their hands on the law, it fixed a problem that didn't exist. That's right. 90% white wash, 10% substance. In hawaii we call that shibai!

Over 90% of the cruise ship industry had already put in peepholes and latches in their ships. And crime reporting is a good thing but the real meat of the prpoblems were left out of the final bill. What Congress didn't tell you is that they rejected many legislative provisions that would actually protect cruise ship passengers. In particular the cruise industry lobbyists got the gullible legislators to delete a provision that would allow the family of persons killed at sea to recover damages for their losses under the Death on the High Seas Act (DOHSA):

The industry requested one major concession: deletion of an amendment to the Death on the High Seas Act that would have allowed surviving relatives to recover damages for emotional suffering and bereavement, as well as any pain and suffering the victim may have experienced before death.

Under the existing law, survivors of people who die at sea can recover only lost wages or burial expenses.

If a retired person died, for example, family members would get little if any money, Miami maritime attorney James Walker said.

Who are we talking about? Twenty three (23) brothers and sisters of dead victims of the U.S. Cole bombing tragedy were given zero damages in a federal court case for there wrongful deaths. The federal judge called it a legal tragedy but he no choice because of the law. So you can cheer for Congress if you want to for mandating peepholes and latches that the ships already had but I fell more like voting these folks out of office. The deal was done behind closed doors and you can bet that no cruise ship passengers were in there with the lobbyists and the legislators smoking cigars and drinking scotch.

The Cruise Vessel Security and Safety Act of 2009 in revised form-- just not the original. Here are some of the key points that appear in the revised version of the bill:

- The bit that could have the most impact on the most passengers has to do with the height of railings on balconies and open decks. The bill states that ship railings must conform to a minimum height requirement: 4.5 feet high in the original version, but 3.5 feet high in the revision. For perspective, Carnival Cruise Lines' railings are 44 inches high, in compliance with international and federal regulations -- actually two inches taller than the minimum height stated in the amended bill. The bill as it was originally written would require about another 10 inches to be added to those railings.

- As for other on-board changes, the bill states that cruise ships must add peepholes (some lines, like Carnival and Royal Caribbean, already have them), safety latches and time-sensitive key technology to cabin doors. Also, medical staff must be trained to conduct sexual-assault examinations.

- The bill also clarifies the procedures for reporting cruise ship crimes, including contacting the FBI as soon as possible and submitting a written report to the Coast Guard. Ships must also keep logs of on-board crimes and make them available to the FBI, Coast Guard or other law-enforcement officials. The information will also be published on the Coast Guard Web site.

- One important change from the original to the revised version is the removal of an amendment to the Death on the High Seas Act that would allow the families of passengers who died while cruising to sue the cruise lines for pain and suffering.

I am attending the American Association of Justice (AAJ) annual convention in San Francisco this week and learned a lot from the great admiralty attorneys like Paul Edel and John Hickey. I asked Mr. Hickey about this subject and he allowed me to quote him in this article. Here is what he has to say on the subject:

“The Death on the High Seas Act has to be changed now for the safety and security of our families. This outdated, inadequate Federal law allows little or no damages to the families of people who die as a result of the negligence of a cruise line where the accident or negligence occurs on the high seas. The cruise lines get off Scott free when their negligence causes the death of an older or younger passenger. How does it figure that the family of someone who dies where the person who dies was not yet making money because they are young or not making money anymore because they are retired gets nothing? State wrongful death laws provide this. Why not the law of the sea? Congress should step up to the plate and change this now.”

I wonder if any member of Congress is listening? I know that they listen to the cruise industry lobbyists. Maybe they think that you aren't paying attention and won't notice that the laws they pass are like party favors given to the rich and powerful who fund their campaigns. I think that they may be mistaken. The voice of the people is coming alive in Blogs and web sites and Facebook conversations. That new voice is talking about things that matter like health and safety. The old barriers that kept the smoke and the truth inside the smoke filled rooms in Washington, are coming down.

The public through social media is throwing the windows open and demanding answers. They were important in the last election, those names on Facebook and Twitter and this Blog. While identity theft is a major front page story in the New York Times and the Wall Street Journal, I suggest that the most important identity that politicians and insiders should pay attention to is the groundswell of conversations that is happening with the explosion of social technology like The Daily Kos and Politico and The Huffington Post. Those conversations and rising like a thunderstorm and they are people, with names and real identities who will vote and demand health, safety and justice. And they will get it.

Peepholes and latches. I can see the Congressmen and women looking out through those peepholes. I hope they unlatch the door, shoo the lobbyists out into the open and pass a law that protects people from injury and death on cruise ships.

I'll fall out of my chair if we hear anything back from Senator Kerry or others in Congress about the Cruise Vessel Security and Safety Act of 2009 (HR.1485 House Number - S.588 Senate Number) or DOHSA.

What do think?

Originally posted at InjuryBoard by Wayne Parsons

Boat Injuries To Tourists In Hawaii

Wayne Parsons — Sun, 26 Apr 2009 02:42:00 GMT

Why travel to Hawaii and not go out on the ocean in a boat? Whale watching, scuba diving, sunset sails and other opportunities are among the most popular Hawaii tourist attractions.

Caution should be exercised in going out on one of these boats. The wind in Hawaii creates rough water off shore. Storms far from Hawaii generates swells that travel hundreds and thousands of miles to create Hawaii's famed ocean waves and surf. The channels between the Islands have some of the roughest water in the world. So a seemingly peaceful trip out to sea in Hawaii can - and usually will - involve encounters with large waves. The water looks blue and warm but a collision between the hull of a boat and a moving ocean wave is a violent event and injuries are common.

Here is a video of a 90 foot boat out in the Molokai Channel. You can see how rough the ocean can be around Islands:

http://www.youtube.com/watch?v=B-8VTtlroZ0

You can't see this from shore because the Mountainous islands protect the near shore ocean from wind. The boat operators know that there is a "wind line" off shore where the ocean becomes rough. The key is the operator of the boat. The crews are often not highly trained and turnover is high. Many of the crews seem to think that the passengers want a thrill ride and they speed into the oncoming swells with the boats sometimes going airborne. Many of the boats have limited safe seating areas and not enough things to hold onto thus putting the unprepared passengers at risk.

Steering the boat is a crucial aspect of avoiding collisions with waves that will injure. Speed is another factor. Often the boat has a tight schedule to get out and then back to the shore and the operator carelessly increases the throttle to make the schedule.

Hard bottom inflatable boats are common offenders. They have limited places to sit and hand holds are not fit for impacts with waves. I have handled many injuries on this type of boat.

Originally posted at InjuryBoard by Wayne Parsons

Murder On A Caribbean Cruise Ship?

Wayne Parsons — Tue, 30 Dec 2008 12:18:10 GMT

We have all heard about the death of Jennifer Seitz on a Caribbean Cruise ship. At 8 p.m. on Christmas night, a surveillance camera on a Caribbean cruise ship captured the image of a woman in a bathrobe falling over the railing. Two days later, her husband accepted condolences from a fellow passenger and announced his immediate plans — a trip to the ship’s casino. The husband, Ray Seitz, reported Jennifer as missing at 4 a.m., 8 hours after the camera recorded the image of the woman identified as his wife. No announcement was ever made to other passengers, and the ship continued on its way as if nothing had happened, according to Jim and Suzanne Nestor, who talked about the incident with TODAY’s Lester Holt Monday in New York.

Deaths on cruise ships are not uncommon. Elderly passengers often die of natural causes and suicide is not uncommon. Accidentally falling over board while intoxicated is also a problem that all cruise lines face.

Originally posted at InjuryBoard by Wayne Parsons

Cruise Ship Forum Selection Clauses - Redux

Wayne Parsons — Thu, 23 Oct 2008 01:38:47 GMT

I recently posted about Forum Selection Clauses in cruise ship tickets. If you get hurt on a cruise ship through their negligence you will find out about these clauses. They dictate that you must give quick written notice of the claim to the cruise line and then says any claim or lawsuit must be filed in a specific place, like Miami, Florida. I only mentioned Miami but attorney Charles Moure remined me that some cruise lines use Seattle (Holland America) and others use Los Angeles. Thanks to Mr. Moure for adding to this subject and thanks to Injury Board for being a national netwwork of experienced attorneys educating the public about rights and remedies.

Originally posted at InjuryBoard by Wayne Parsons

"They Told Me That I Waived My Rights When I signed the Contract" .... Can They Do That?

Wayne Parsons — Wed, 22 Oct 2008 14:41:43 GMT

Did you realize that almost every ticket you buy and every contract you sign has some form of "waiver" of rights in it? Waiver of Rights is a new tool that corporations use to avoid the law. The law is what the legislatures pass as bills and what the constitution says. But corporations try to circumvent the law by having their customers sign fine print documents that say that they agree to completely different standards. Are these kind of agreements legal?

The bad news is that the courts across the country have ruled in favor of the corporations and against consumers in many situations. Appointment of conservative judges over the past 25 years has been a trend and these judges favor corporations over people in the cases before them, a trend that has dramatically changed this area of the law over my career.

Let's examine some particular situations.

Cruise lines almost always have a clause in the fine print that says any claim you bring must be filed in Miami, Florida. That's right, Miami. Why? There are two reasons. First, most of the cruise lines - and their cadre of attorneys - are based in Miami. Second, they know that most passengers won't be able to go to Miami to pursue a claim. These clauses are called "forum selection clauses" and most courts allow them to be enforced. So be aware that you can easily find a Florida attorney to bring a claim on your behalf even if you live in Des Moines of Kalispell and, for many injury claims, the attorney will work on a contingency fee. Ask an attorney in your town to refer you to an attorney in Miami and they can find someone for you or use The Injury Board search feature to locate and contact a Florida attorney who does cruise ship injuries.

Be careful with cruise lines to note if they also require that you bring a claim within a certain period of time. In Hawaii an injured person has 2 years to file a claim. But cruise line contracts or tickets often state that you must bring a claim within 6 months or 1 year. Can they do that? Can they change the law? The answer is "maybe" as courts look at all facts before deciding if the time rquired will be enforced. Since your rights are at stake, act quickly, read your ticket or contract and get some legal advice by an attorney who has handled cruise line cases.

Dinner sunset sails and other local day boat trips in vacation areas also have waivers in the papers you sign before taking the short trip. These waivers also are seen in most crusie line contracts. They state that you "assume the risk" of injury from any cause. They usally go on to state that you relieve them of all liability for everything. Can they do that?

The more dangerous the activity the more often courts enforce these waivers. Scuba diving and paragliding are more hazardous activities than a sunset dinner sail. But a faulty scuba dive regulator or a dinner sail that negligently ventures into known rough seas may get the claim past the waivers in the ticket or contract. Most of my clients in these cases tell me that signed no waivers and got no ticket on these type of excursions. When I get the file from the company it almost always includes a document waiving rights signed by the client.

Even attorneys who regularly handle these cases, have a hard time predicting at the outset what a court will do when the company tries to knock out a claim with a waiver. The facts of each case are important in determining whether the waiver is effective against the passenger. In Hawaii our courts have abolished the "assumption of risk" doctrine except in "ultrahazardous" activities. But that doesn't mean that a waiver won't be enforced.

The law has a policy of not enforcing contracts that would essentially result in waiving the right to bring a claim against someone who negligently - or intentionally - injures another person. But as the courts have become much more conservative in the past 25 years we are seeing the corporations winning many of these legal battles.

Do not make any assumptions about your situation until an attorney who handles these cases has evaluated the facts of your injury. Most of the time the claim is allowed despite the waivers of liability.

Originally posted at InjuryBoard by Wayne Parsons