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We previously reported on the incident that led to the death of 16-year-old Fernando Osorio Rodriguez, who died at sea, five days after his drifting boat came in close contact with the Star Princess, ship operated by Princess Cruises, which failed to render aid to the boat in distress.

On June 5, 2012, as published in the Miami Herald, Leesfield & Partners sued Princess Cruises and filed its complaint on behalf of Fernando Osorio’s parents in the United States District Court Southern District of Florida.

The complaint is available here.

The lawsuit alleges that, on February 24, 2012, Fernando Osorio and two of his friends boarded the Fifty Cents, a 26-foot panga boat, which is a modest-sized, open, outboard-powered, fishing boat common through the region. The three friends intended to fish off the coast of Panama, but shortly after the group left from Rio Hato, the engine of the Fifty Cents died and the boat drifted out to sea.

latin_2_resize.jpgFernando and his two friends drifted at sea for 15 days and 14 nights without power when on March 10, 2012, the Panga drifted within sight of a large white ship, the Star Princess, which is a luxury cruise ship with a passenger capacity of 2590 and a crew capacity of 1150. At the time the Fifty Cents was so far from shore that it was obvious that it was not fishing, but instead without power and adrift.

Upon seeing the large ship, the three companions repeatedly signaled that they were in distress and in need of rescue, waving their arms, waving a shirt tied to a pole and otherwise signaling to the passengers and crew of the cruise ship their dire predicament.

Three passengers aboard the Star Princess, who were using special optical equipment for bird watching, spotted the Fifty Cents and its occupants signaling for help and quickly recognized that the boat was in distress and that the men were in danger of dying if not rescued. These three passengers immediately reported the dire and life-threatening condition of the occupants of the powerless and drifting fishing boat to a crew member and provided him with their equipment to see for himself. The crew member looked, and acknowledged to the passengers that he recognized that the Fifty Cents was adrift and in a dire emergency state and he in turn reported this emergency situation to the bridge.

Despite this express notification that the Fifty Cents was adrift and in dire distress, as well as the fact that it was in clear view of this modern cruise ship with all of its sophisticated equipment, the Star Princess failed to discharge its duty under the law to render assistance to the stranded vessel and its occupants, literally leaving them to die.
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As we previously reported, on March 10, 2012, a Princess Cruise ship, the Star Princess, failed to render aid to a drifting vessel. The multiple witness accounts, which have been documented in the media for the past two months, have shown that the cruise ship’s captain either deliberately ignored the call for help or was never made aware of the situation. Neither one of those scenarios is a valid excuse.

Cuba-Florida_map.jpgThis week, a very similar set of circumstances occurred, but thankfully for the occupants of the raft in distress, they were rescued by a cruise ship that was sailing near by. The Disney Fantasy, a cruise ship owned and operated by Disney Cruise, was sailing from Port Canaveral (Florida) to the Cayman Islands on May 26, 2012, when crew-members spotted a small raft near Key West, Florida, with four men aboard.

The ship quickly responded to its duties and rescued the men. “The men were brought aboard the ship and provided with medical attention along with food and water. We are proud of our Disney Fantasy crew members, who skillfully demonstrated their training and commitment to maritime protocols around saving lives at sea,” Disney Cruise Line said in a statement.

These developments are in stark contrast with what occurred last March when the Star Princess failed to rescue a drifting vessel, occupied by three men, including a minor, which eventually resulted in two deaths.

The Star Princess failed to follow Article 98 of the UNCLOS (The United Nations Convention on the Law of the Sea of 10 December 1982) which provides that a ship must render assistance to any person found at sea in danger of being lost.

The Star Princess crew was made aware of the drifting vessel by three cruise passengers, who, at the time. were bird-watching, when they spotted the vessel and its three occupants attempting to flag down the large cruise ship by waiving their white t-shirts. The witnesses showed the drifting vessel to a crew-member, they even let him use their bird-watching equipment to confirm the nature of the distress. The crew-member then advised the crew on the bridge of the ship in distress.

Despite the grave concern felt by those who saw the vessel adrift, for some inexplicable reason, the Star Princess did not render any assistance. It never deviated from its course. It never called the Coast Guard for help. It simply continued on with the cruise, to the next Port.
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Since the tragedy of the Costa Concordia occurred last January off of the coast of “Isola del Giglio”, Costa Cruise Lines has been in a public relations storm that seems never-ending.

Captain Francesco Schettino, the ultimate responsible person aboard the sinking ship, was arrested the day following the events.

This week, the Court of Cassation, the highest court in Italy, confirmed the lower court’s decision to maintain a house arrest order against Schettino. The decision is motivated by several factors that we have discussed in prior articles. Mainly, the Cassation’s judges believe that Schettino has shown little resilience in performing command function or in handling responsibility for the safety of persons under his care. The decision further explains that the Captain of the cruise liner proved to be unable to manage a crisis and to ensure the safety of his passengers and crew (by abandoning ship) and that there would be a risk of a repeat of the disaster if he were given command again. Ultimately, the Court of Cassation seems to agree with the criminal charges Schettino is now facing, which include multiple manslaughter, causing the accident, and abandoning ship.

As a result of the very public downfall of Captain Schettino, Costa Cruise Lines’ public relations’ policy has been very clear. Blame Schettino for his extraordinarily dangerous decisions as Captain and hope to deflect any and all responsibility from the cruise line company. That strategy might have worked initially, but new found information reveals that Costa Cruise may have a systemic problem at hand when it comes to safety practice.
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One hundred days have passed since the tragic events of the Costa Concordia which saw the confirmed death of 30 cruise passengers and the disappearance of 2 additional passengers whose bodies have yet to be found.

It took more than 100 days for the cruise industry to agree on three new safety measures. The announcement of the new policies by the cruise industry through Cruise Lines International Association (CLIA) and the European Cruise Council (ECC) is all over the print and digital media and looks more to be a public relations coup than addressing the true concerns and lessons that were learned from the events that led to the sinking and grounding of the Costa Concordia.

The first measure proclaims that cruise ships will now have more lifejackets aboard than are required by law; Limiting access to a ship’s bridge at potentially dangerous times; and requiring cruise ship routes to be planned in advance and shared with all members of the bridge team.

The second and third measures are directly addressing errors which may have contributed to the Costa Concordia’s demise. Last January, Captain Schettino had invited a female passenger to the ship’s bridge, which according to witnesses, distracted not only the Captain, but the rest of the bridge team.

One should wonder why it took over 100 days for the cruise industry to figure out that bringing passengers to the bridge of a ship when the captain and the bridge team are maneuvering the ship is a terrible idea. The third measure is equally baffling. Why did it take until April of 2012 to require a bridge team to agree the ship’s route before the ship sails and stick to the route? What has happened to common sense?
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The United Nations Convention on the Law of the Sea of 10 December 1982 applies to ships navigating in international waters.

Article 98 of the UNCLOS provides that (1) Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers (a) to render assistance to any person found at sea in danger of being lost and; (b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him;

On March 10, 2012, Jeff Gilligan of Portland, Oregon, was on The Star Princess, a luxury cruise ship operated by Carnival Cruise Lines, based out of Miami, Florida. Jeff is an avid bird watcher and that day he was bird watching with two fellow cruise passengers, using their binoculars and spotting telescopes from one of the decks of the ship.

That is when Jeff and his two friends spotted a boat approximately one mile from the cruise ship. Using his binoculars, Jeff saw that the occupants on that small vessel were waving their t-shirts in the direction of the cruise ship. Jeff took a photo of the vessel.

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Judy Meredith from Bend, Oregon, was with Jeff and told NPR: “We all watched him for a bit and thought, ‘This guy’s in distress. He’s trying to get our attention. And he doesn’t have a motor on his boat.’ We could see that.”

She then ran inside to alert the crew, but she only found a crew member who was with the ship’s sales team. The cruise employee contacted the bridge and the situation was relayed to the captain. Jeff Gilligan handed his telescope to another crew member to look at the drifting boat and he confirmed that he saw a boat in distress.

Jeff, Judy and the third bird-watcher thought the ship’s captain would either turn around to rescue the boaters or take the appropriate steps to ensure that the local authorities would conduct a rescue mission. Unfortunately, nothing was ever done.

Days after the cruise ended, Judy Meredith contacted Princess Cruise to inquire about what had happened to the boaters and the steps taken by the ship’s captain at the time. Judy’s tenacity was not something Princess Cruise was prepared for and several versions of the incident surfaced. The last version given by Princess was that cruise ship contacted the boaters in question, but rather than signaling for distress, they had been signaling for the ship to change course because they were afraid the large cruise ship would damage the boaters’ fishing nets. Also, Judy was told that what she mistakenly interpreted as boaters waving their t-shirts in a sign of distress was actually a sign of gratitude for having altered the ship’s course.
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Leesfield & Partners recently filed two lawsuits against Celebrity Cruises and Caribbean Water Sports for the wrongful death and catastrophic personal injuries sustained by two cruise passengers in St. Thomas, U.S. Virgin Islands.

To read more about the lawsuit against the cruise line and parasailing tour operator: Lawsuit Filed against Celebrity Cruises and Parasail Operator for the Wrongful Death of Cruise Passenger

Below is a news report broadcasted on the local CBS affiliate.

 

 

After this tragic incident, parasailing excursions, which were traditionally sold to passengers before a cruise on the cruise’s websites or during a cruise aboard the ship, were indefinitely suspended by the majority of the cruise lines, including Celebrity.

Celebrity Cruises, owner and operator of the ship Celebrity Eclipse, announced the cancellation of all parasailing excursions in the Caribbean indefinitely less than a week after the death of one of its passengers.

Celebrity’s Public Relations Department made sure that the announcement at the time was well-publicized and relayed in as many media outlets as possible. “All parasailing shore excursions in the Caribbean have been cancelled indefinitely, pending the outcome of the investigation,” said a Celebrity Cruises spokesperson.

Celebrity Parasail.jpgIt was surprising today to find out that, with a simple search of Celebrity’s watersports activities, parasailing excursions are still being sold to cruise passengers.

While Celebrity’s PR Department made sure to that its announcement last November canceling all parasailing activities was published in every newspaper and relayed by every media outlet in the aftermath of the death of a Celebrity passenger, there has not been any news release or news conference announcing that parasailing excursions have resumed.

Celebrity has not communicated to members of the public and customers what its investigation revealed and the steps taken to ensure that such a tragedy does not occur again.

To read more about the dangers of parasailing and prior cases of parasail operator negligence: Lawsuit Filed against Parasail Operator in Wrongful Death of Cruise Passenger
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On December 23, 2011, Royal Caribbean crew member, Fabian Palmer, sexually abused a minor child who was 14 years old at the time. This is the latest event that has led to criminal charges for sexual acts committed on cruise ships this year.

fabian palmer.jpgFabian Palmer, a Jamaican national, was a Royal Caribbean Cruises employee and worked on the Enchantment of the Seas. Palmer was assigned to maintenance of the vessel’s pool areas.

On December 17, 2011, the family of the victim boarded the cruise ship from Baltimore, Maryland, for a 7-day Caribbean cruise. For several days, Palmer interacted with the 14 year-old girl, sharing written notes, until the evening of December 23rd when Palmer invited the minor passenger to follow him in one of the deserted male locker rooms of the ship at approximately 11:30pm.

The criminal complaint filed by the FBI in Maryland details how Palmer led the 14 year-old to one of the bathrooms of the male locker room and locked the door behind them. Palmer undressed the girl and engaged in multiple sexual acts despite the girl’s protests that she was hurting. Palmer only stopped when another crew member knocked on the door of the bathroom and discovered the “couple”. The next day, Palmer saw the 14 year-old and told her not to say anything to anyone about what had happened or he could be in trouble.

FabianPalmerMugshot.jpgAccording to the FBI, video surveillance cameras captured footage of Palmer leading the minor into the male locker room and into the bathroom. The footage also shows the other cruise employee knocking on the door and all three leaving the male locker room shortly thereafter.

Palmer was interviewed by Royal Caribbean after the end of the cruise. The FBI was alerted in late December and a criminal complaint was filed against the 25 year-old on January 4, 2012.

On March 22, 2012, almost three months after the events, Palmer plead guilty to having had sex with a minor child under the age of sixteen. As part of his plea agreement, Palmer will be registered as a sex offender in his place of residence, for any future job and any time he enrolls as a student, under the Sex Offender Registration and Notification Act (SORNA).
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Norwegian cruise line crewmember, Senad Djedovic, was arrested on February 27, 2012 by the FBI for possession of child pornography.

This came about approximately four weeks after the assistant cruise director aboard the Norwegian Star met with a 16-year-old female passenger during a seven-day cruise that began on January 29, 2012. The FBI has alleged in its criminal complaint that Djedovic, 29, pursued her sexually and ultimately had sexual relations on March 5, 2012 with the child in one of the staircase of the ship.

senad-djedovic.jpgAfter the cruise ended, Djedovic exchanged photos and videos of a sexual nature with the 16-year-old using his work email address. Other crewmembers became aware of the situation after Djedovic bragged about the fact that he had sexual relations with the female child and even showed some of the photos he had received from her to fellow co-workers.

Djedovic was arrested by the FBI as soon as they were aware of the situation. After his arrest, the FBI’s search of Norwegian’s assistant cruise director’s private computer revealed videos categorized under folders named “12 yrs old”, “15 yrs old”, and “16 yr old”.

Today, Djedovic is in jail awaiting trial on charges of Child Pornography.

Charges for statutory rape were not filed because of the applicable laws in this matter. At the time the sexual relations between the child and the 29-year-old employee occurred, the ship was presumably still outside Florida’s territorial waters where Florida criminal law applies. Had the ship been in Florida territorial waters, Djedovic would have been charged with statutory rape because the age of consent in Florida is 18. Being that federal law applies in this case, Djedovic cannot be charged with raping a 16 year-old because the age of consent under federal law is 16.

Under certain circumstances, Florida law can apply for crimes occurring on the high seas. In Skiriotes v,. Florida, the US Supreme Court held that states may exert criminal jurisdiction over their citizens on the high seas under certain circumstances, provided that Congress has not preempted the field. To read more about those special circumstances, read The Long Reach of U.S. Law over crimes occurring on the High Seas, written by Leesfield & Partners’ maritime law attorney Robert Peltz.
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We have previously reported on the suspicious death of Kenneth John Gemmell who was a cruise passenger on the Allure of the Seas, a cruise ship operated by Royal Caribbean Cruises.

It has not been over two weeks since the 30-year-old man disappeared at sea and the questions asked by the family to help them understand what may have happened on the night of the incident still remain unanswered today.

Initially, Royal Caribbean issued a statement saying that their passenger apparently committed suicide. That conclusion had been reached after the cruise company spokesman confirmed that existed video footage of Kenneth Gemmell standing up on the table in his cabin and jumping off the ship, apparently on his own.

kenneth john gemmell 2.jpgRead more on the initial statement by Royal Caribbean here: Another Death of 30 year-old Royal Caribbean Cruise Passenger

Despite the claim that said video footage exists, the family has yet to see it. In the days following the incident, the authorities in charge of this passenger disappearance case stated that the open investigation was still ongoing and that they could not reach the same conclusion that Royal Caribbean had reached only several hours after the tragedy occurred.

In the last week, many passengers who were on that same cruise began to come forward by reaching out to the Gemmell’s family directly, while others left comments on the internet, describing what they recall seeing or knowing about the incident that may be of help in piecing together the last few hours of Kenneth’s life aboard the Allure of the Seas.

Of particular interest, we have now learned that Kenneth entered into an argument with a cruise employee that night. The employee in question is so far nowhere to be found. The family suspects that the employee was allowed, by Royal Caribbean, to disembark in Cozumel, Mexico.

While Royal immediately issued a statement contradicting these latest reports, the latest declarations made by the family to the media yesterday certainly add another layer of suspicion surrounding this case.

The family confirmed to Examiner.com that the lead investigator in the Bahamas has confirmed to them that Royal Caribbean has video footage of the dispute between Kenneth and the cruise employee/bartender. He further confirmed that, contrary to what it stated in one of its earlier releases, Royal did in fact allow one of its employees to board off the ship and was never asked to return.

This raises suspicion on what happened in the moments leading to Kenneth’s disappearance. Several fellow cruisers who were on the Allure of the Seas have commented on several internet forums and online boards that the employee with whom Kenneth was seen to have an argument was selling drugs to passengers.
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For any media inquiry, please contact Ira Leesfield by email or by phone at 305-854-4900.

Leesfield & Partners filed a lawsuit in federal Court against Celebrity Cruises and Caribbean Watersports & Tours, for their respective alleged negligence which resulted in the wrongful death of cruise passenger Bernice Kraftcheck.

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On November 12, 2011, Bernice Kraftcheck and her daughter Danielle Haese boarded the Celebrity Eclipse for an Eastern Caribbean Cruise departing from Miami, Florida. During the cruise, the mother and daughter purchased a shore excursion offered aboard the cruise ship, a parasail excursion which would take place after the ship docked in St. Thomas, U.S. Virgin Islands.

Tragically, the parasail excursion which was supposed to be a thrilling experience turned out to be a nightmare for the Kraftcheck family. After Bernice and her daughter were sent up in the sky by the parasail operators, the rope broke off due to heavy winds and dangerous weather conditions. This resulted in the two occupants to plummet into the water at a very high rare of speed. The force of the impact caused Danielle to sustain massive injuries, her mother Bernice sustained fatal injuries and ultimately passed away.

A lawsuit was filed today in Federal Court for the alleged negligence of Celebrity Cruises and Caribbean Watersports & Tours.

As a cruise operator who offers shore excursions to its passengers, Celebrity owes a duty of reasonable care for the health, welfare and safety of its passengers. Click here to obtain a copy of the complaint.

Cruise lines can be held legally liable when they advertise shore excursions while representing to members of the public and to its paying passengers that shore excursions are safe and a passenger sustains an injury as a result of the excursion operator’s negligence.

caribbean watersports.jpgIn the event that cruise lines select an excursion operator and fail to verify the operator’s safety policies and procedures, cruise lines will be held liable for their negligence and misrepresentation.

In its promotional literature, Celebrity Cruises represent the following to members of the public, potential cruisers, and passengers already aboard one of their cruise ships:

“This is your vacation – and with our Shore Excursions you can be sure it will be one to remember.”

“To purchase your Shore Excursions, view full tour descriptions, images and videos, or download our Shore Excursion brochures

“Whether you are looking for a high-energy adventure or a laid back, relaxing day, we have a Shore Excursion for you

Our shore excursions provide the best each port has to offer with a wide variety of activities and options to chose from”

We’ve done the work of planning your day so that you don’t have to – just choose which adventure to embark on

On its website, Celebrity made further representations regarding “our Shore Excursions”, including:

“Whether you prefer the thrill of parasailing – soaring 800 feet over the beaches below – or just basking on those beaches, Celebrity offers the perfect activity for every sun lover

“There are lots of things you can do to make this cruise all about you . . . looking for something to do off of the ship? We have lots of different shore and land excursions in every port

We offer many different shore excursions from every port. They are a great way to experience the culture and history of the various ports of call”

“When you give us your precious vacation days, we give you a world of modern luxury. That means you don’t have to worry about a single thing

“From our exhilarating shore excursions at every port, to our inspiring onboard activities, everything is created with your ultimate enjoyment in mind.”

No matter which of our incredible shore excursions you choose, you will be surrounded by some of the most astonishing vibrant and beautiful sites anywhere in the world.”

Our Shore Excursions will help you discover the hidden retreats and unspoiled masterpiece mother nature created”

Celebrity offers a wide variety of excursions

Celebrity passengers rely upon the cruise line’s representations regarding shore excursions offered on Celebrity’s website and aboard its cruise ships.
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