Cruise Ship Lawyers Blog
A utility task vehicle (UTV) cruise ship excursion in the Bahamas became deadly following the tragic death of an Illinois passenger. Now, the man’s friend who was driving the vehicle is facing felony charges.
James Darling, 21, of Park Forest, Illinois, was recently charged with vehicular manslaughter in the death of his friend, according to local media. Darling also faces additional drug charges.
The incident happened on Oct. 20 in Arawak Cay, a man-made island in Nassau that is also known as Fish Fry.
Darling is alleged to have been the one driving when the ATV flipped over, causing the death of his passenger, James Palmer.
The two were on a Carnival Cruise with two other friends as a “boys’ getaway,” according to news outlet reporting.
“What was supposed to be a joyful weekend turned into a nightmare,” a family member said in a since-deleted GoFundMe page.
Leesfield & Partners
Leesfield & Partners has represented cruise passengers in personal injury and wrongful death cases for nearly five decades. In that time, our attorneys have learned that these companies will put their bottom line over the well-being of their passengers, even in the face of laws designed to protect these passengers. For example, under the Shipping Act of 1984, cruise ships are classified as common carriers. This refers to their non-delegable duty to ensure the safety of their passengers from one stop to another. Under this, cruises are responsible for providing a safe environment and to take reasonable precautions to prevent accidents, crimes and other injuries.
In the competitive, thrill-seeking world we live in today where most everyone’s goal is to get an envy-inducing Instagram story, these cruise ships vie for the most exhilarating experiences for their passengers. Most cruise ships today would not be complete without daring waterslides that dangle overboard, waverunner machines, rock climbing and or go-karting amenities. And the thrills don’t stop on board. Once in port, many cruise ships will promote excursions such as parasailing, diving, ATV riding or bus tours. Though, when things go wrong, Leesfield & Partners attorneys have seen the ways in which cruise lines will attempt to distance themselves from what they call, “third-party contractors,” or they will point to ticket disclaimers, liability waivers and hidden, exculpatory clauses so as to flout liability for any injuries. This, however, doesn’t work.
One such example can be found in the devastating case in which a mother and daughter embarked on a parasailing excursion being offered by their cruise line. The two were up in the air when strong winds broke the line connecting them to the boat. They plunged to the water below, causing catastrophic, traumatic brain injuries to the daughter. The mother was killed as a result of the incident.
In litigation, the cruise line tried arguing that the parasailing excursion was run by an independent contractor. A combined settlement of $7,250,000 was reached for the families in that case.
Another case handled by the firm involving a shore excursion accident resulted in a $1.25 million settlement.
A family’s cruise vacation became a nightmare following a bus tour crash while participating in a shore excursion in Tortola, an island in the British Virgin Islands. The family unknowingly boarded the bus that was not properly maintained with a driver who had a litany of driving violations. The bus hurtled from a steep, winding road before plummeting into an embankment and finally overturning. The couple’s son was ejected from the bus and later died at a local hospital.
Leesfield & Partners recovered $3 million for the young man’s parents.
Other Cruise Ship Cases
Under the legal theory of common carrier liability, cruise lines also have a responsibility to protect passengers from crimes aboard their ships. If, for example, a crewmember or other cruise employee commits a crime against a passenger, the company is held strictly liable for not ensuring their standard of care.
Recently, Leesfield & Partners was retained to represent a client who was unknowingly filmed by a ship’s employee who planted hidden cameras in her private cabin bathroom while she vacationed on a cruise. That employee not only installed the cameras in our client’s cabin but also in the cabin of several others, including minors.
The employee, Arvin Joseph Mirasol, 34, of the Philippines, was sentenced to 30 years in prison in August by a U.S. District Court Judge after previously pleading guilty to producing child pornography. Mirasol, who worked as a stateroom attendant, servicing and cleaning cabins, had been an employee of the cruise line since at least December 2023. Federal Agents estimated the minor victims in the footage ranged from 2 to 17 years old, according to reporting from The New York Times.
Bernardo Pimentel II, a Leesfield & Partners Trial Attorney, is handling the ongoing case.
The firm previously handled a case in which an innocent cruise ship passenger was suddenly descended upon by a violent group who beat up our client.
In another Leesfield & Partners case, attorneys secured a multi-million dollar settlement for a woman raped by a crewmember while she traveled on a cruise ship. The woman had been aboard the ship for a seven-day trip to the Eastern Caribbean to celebrate a friend’s wedding. When she went back to her room to nap, a crewmember entered using an employee keycard and attacked her.
In a recent article discussing rising crime on cruise ships, the firm’s Founder and Managing Partner, Ira Leesfield, said the issue lies with cruise ships’ “lax policing.”
“I do see an upward tick,” Mr. Leesfield said in the article. “But in all fairness, there are many more cruise passengers, and the cruise population is higher. So the numbers go up, particularly when the cruise population is up, but the enforcement and policing is down. So it’s sort of a perfect storm. And I think this will continue until the cruise lines get a program together.”
