cruise ship bunk bedsOn January 25, 2018, while sailing aboard the Carnival Ecstasy with other family members, Eric Ewing decided to relax in his cabin and have a bite to eat.  Eric began to eat a slice of pizza while he sat comfortably on the edge of his bed. Per a Complaint filed in the U.S. District Court for the Southern District of Florida dated April 25, 2018, suddenly and without warning, the upper bunk within his cabin came crashing down on Eric’s head. Per an announcement over the PA system, the Carnival Ecstasy had diverted off course to provide emergency medical care for a passenger having a medical emergency.  Eric noticed the vessel was no longer riding as smoothly after the change of course. Eric has now been diagnosed with a closed head traumatic brain injury, which now nine months later is causing him debilitating and life altering pain, and diminished cognitive abilities.

Eric is an honorably discharged U.S.M.C. veteran, father of two and was traveling aboard the Carnival Ecstasy with several direct and extended family members. Eric had sailed with Carnival on 27 occasions before the subject cruise and had earned the distinction of being a Platinum cruiser with Carnival.  Eric’s cabin, very similar to the above picture, had been configured by cruise staff to accommodate his wheelchair bound mother, who he and his family made it a point of traveling with as frequent as possible.  Unfortunately, and on the eve of the Cruise, Eric’s mother was unable to join her family on the cruise. Ordinarily, these cabins are configured with twin beds on each side and a nightstand between the beds.  An upper bunk is stowed above each lower bed and when not in use is folded up into the walls and out of the way.  If more than two passengers stay in a cabin, a Cabin Steward generally deploy or lowers any needed upper bunk while the room’s occupants are at dinner.  That way any needed upper bunk is ready and available for use after the cabin’s occupants return from dinner.  Conversely, the Cabin Steward folds up or raises any upper bunk the following morning while the cabin’s occupants are at breakfast.

Some things are very clear about this most unfortunate event, which has tragically robbed Eric of the life he once enjoyed.  Passengers don’t lower or raise upper bunks within their cabins aboard Carnival’s vessels.  In fact, passengers can’t.  The bunks have a locking mechanism that requires a special locking/unlocking tool or wrench.  Only Carnival personnel have the tool.  Without the tool, upper bunks cannot be unlocked and lowered at least when they are raised and locked in place when stowed.

cruise shipLast week, on Wednesday, September 5, 2018 at roughly 6:15PM EST, a 74-year old woman who was a passenger traveling aboard Carnival Horizon — operated by the global cruise line giant, Carnival Cruises — was medevaced due to serious chest pains.  Personnel aboard Carnival Horizon were reportedly concerned that the chest pains indicated a possible heart issue, thus necessitating a medevac to a higher-level medical facility capable of treating the passenger.

According to reports, Carnival Horizon was just moving past Lower Manhattan when the passenger suffered the chest pains at-issue.  Crew notified Coast Guard watchstanders in the city at 5:45PM, and coordinated with relevant rescue authorities in the Coast Guard, Fire Department, and Police Department.

Though details are relatively sparse, it appears that rescue authorities were initially unsure about whether to conduct an airlift or to perform the medevac using a rescue boat.  Early reports indicate that the decision was made to send an NYPD Harbor Unit rescue boat after authorities determined that a helicopter could not be landed on the deck of the vessel.  This is not an uncommon problem aboard Cruise Ship’s.  In a recent case handled by Brais Law Firm a cruise vessel was not prepared to receive the helicopter and after running low on fuel the helicopter had to return to base, necessitating the USCG to send a second helicopter to evacuate a passenger in distress.

sexual assault On August 21, 2018, a cruise passenger — identified as Jane Doe — filed a lawsuit against Celebrity Cruises and Canyon Ranch Spa alleging she was sexual assaulted by a crew member while traveling aboard the Celebrity Summit cruise ship (between New Jersey and Bermuda) just a year ago.

As alleged in the complaint and reported by media, Doe was approached by a crew member who claimed to work for the Canyon Ranch spa and who was offering complimentary massages.  Doe says that she was subsequently led to a spa room where she was forcibly and inappropriately touched by the same crew member. More specifically, it is alleged that the crew member fondled her breasts and vaginal area.  Doe says that she was able to escape the room before the massage progressed further.

In the complaint, Doe alleges that the Defendants were negligent in failing to perform an adequate background check. Had they done so, the danger posed by the crew member could have been discovered and the crew member, in the first place, would not have been hired. This is a common problem with hiring crew from third world countries or countries with limited infrastructure and criminal reporting procedures.  Despite this risk cruise lines continue to hire from these countries because of the advantages of cheap labor. In the alternative, Doe alleges the crew member assailant should have been supervised more closely, and had that been done he would have been terminated, thus avoiding risk of harm to cruise passengers.

Zip Line The honeymoon of Israeli newlyweds, Egael Tishman, 24, and Shif Fanken, 27, came to a tragic end when the couple collided during a zip line excursion.  The couple was celebrating their honeymoon aboard Royal Caribbean Cruises’ Allure of the Seas, which set sail from Fort Lauderdale on July 1st.  On Thursday, July 5th, while participating in a zip line excursion in Roatan, Honduras, the wife got stuck near the middle of the cable. Her husband came sliding down the zip line behind her, smashing into her.

The couple sustained severe injuries, including broken ribs.  They were taken to a local hospital, where the husband passed away. The wife was taken by air to a hospital in the United States Friday morning, where she underwent surgery and is reported to be in stable condition.

Honduran officials are investigating to determine the cause of the incident.  Zip line courses in the United States typically must comply with minimal safety standard.  Two well recognized standards include the Association for Challenge Course Technology (“ACCT”) and the American Society for Testing Materials International (“ASTM”).  Royal Caribbean utilizes a bid process by which they claim to vet shoreside excursion companies providing recreational activities advertised by the Cruise Line.  This bid process includes a trifecta of documents that reportedly must be completed every year.  These documents include: a Tour Operating & Basic Tour Information Profile, Universal Bid Template and Tour Operator Investment Profile.  These documents generally provide a description of the excursion and in the case of a zip line, sometimes the minimal safety standards to which the course was designed and built.

Biscayne BayA boating accident nearly claims the life of a South Florida man on Father’s Day. Jonathan Cruz, a father of 3-year-old twins, was attempting to help another person whose boat was stuck on a sandbar near Elliot Key.  Cruz was in the water pushing the boat when someone started the engine by mistake.  The engine propellers sliced into Cruz, breaking several bones and damaging his colon and spine.

An off-duty firefighter who was at the scene put Cruz on an IV and applied a tourniquet while a helicopter was in route to airlift Cruz to Jackson Memorial Hospital.  Cruz has undergone extensive surgeries and doctors have told relatives it is too early to say whether Cruz will be able to walk again.

An investigation by the Florida Fish and Wildlife Conservation Commission is underway.

Silversea-Cruise-Injury-252x300Our cruise tender boat injury lawyers have been retained to represent a Silversea Cruises passenger who was injured while tendering from a Zodiac onto the floating platform along the Silversea Cruises’ SILVER EXPLORER cruise ship during rough conditions at the Puerto Montt harbor in Chile.  We are aware of other passengers that day who were also injured while exiting the Zodiac tenders and we would like to talk with these passengers so we could better assist our client.  Cruise lines such as Silversea owes their passengers the legal duty to exercise reasonable care when conducting tendering operations.  This duty may include positioning the cruise ship so that the tendering could be conducted on the ship’s lee, utilizing additional mooring lines so that the tender could be made fast to the receiving platform and even suspending operations until the weather conditions are more suitable.  If you have any information about the SILVER EXPLORER’s November 11, 2017 tendering operations at Puerto Montt harbor, we as that you please contact us.

Sukrantara-240x300Holland America crewmember Gede Sukrantara pled guilty to a January 18, 2017 sexual assault of a 15-year-old passenger during a cruise.  The victim and her grandmother were on a Caribbean cruise vacation aboard the Holland America VEENDAM cruise ship when Sukrantara followed the minor into a public restroom wherein he forced her to preform sexual acts. Sukrantara was serving as a waiter aboard the cruise ship at the time of the incident. Sukrantara was arrested when the cruise ship returned to Port Everglades in Fort Lauderdale, Florida.  Judge Elizabeth Scherer of the Seventeenth Judicial Circuit in and for Broward-County, Florida sentenced Sukrantara to seven years imprisonment followed by seven years probation wherein he must register as a sex offender.

The minor, represented by Brais Law Firm has brought a civil lawsuit against Holland America in Federal Court. Under maritime law, cruise lines are strictly liable for the intentional torts of their crewmembers. The complaint alleges claims under maritime common law as well as civil remedies under the federal Sexual Exploitation of Children Act which applies to sexual assaults and rapes to minors occurring aboard cruise ships on the high seas.

Harmony-of-the-seas-golf-trip-fall-injury-202x300Our cruise passenger trip and fall injury attorneys have been retained by a woman who suffered a significant hand injury while aboard the Royal Caribbean Harmony of the Seas cruise ship.  Our client was playing miniature golf when she tripped and fell over a raise on the course path which was obscured by poor lighting.  We are asking if any knows of other trip and falls on Royal Caribbean cruise ship’s miniature golf courses to better assist our client.  If you tripped, or witnessed a trip and fall, aboard the Harmony of the Seas or any Royal Caribbean ship’s mini golf course, please contact our law firm.

Pride-of-America-Conservatory-Slip-Fall-276x300Our Miami personal injury attorneys have been retained by a passenger who slipped and fell in the Conservatory aboard the NCL America’s Pride of America cruise ship and suffered significant damages.  In order to assist our client, we are searching for other people who slipped in the Conservatory aboard the Pride of America. The Pride of America was constructed in Mississippi for the purpose of building the first sizable American made passenger ship in decades. The original project failed and NCL purchased the unfinished cruise liner. NCL finished the build and launched it under its NCL America brand for Hawaiian service.  If you, or someone you know, have slipped in the Conservatory, please contact our firm.

Oasis-of-the-Seas-Boardwalk-Slip-Fall-300x300Our maritime personal injury law firm has been retained by a passenger who suffered severe injuries after slipping and falling on the Boardwalk aboard the Oasis of the Seas.  The incident occurred on March 5, 2017 after the show presented in the Aquatheater had ended.  In order to help our client, we are looking for other people who  slipped and fallen on the Oasis of the Seas’ boardwalk.  If you, or someone you know, slipped and fell on the Boardwalk aboard the Oasis of the Seas, please contact our firm.

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