Cruise Ship Lawyers Blog

Published on: February 8, 2013

Court dismisses case against Costa Concordia based on forum non conveniens

The District Court for the Southern District of Florida just issued an Order granting Carnival Corporation’s motion to dismiss a personal injury claim stemming from the Costa Concordia tragedy of January 2012.

This decision marks the first of its kind pertaining to a personal injury claim brought in Florida against the cruise line. In this case, several plaintiffs from Massachusetts filed a lawsuit in the Souther District of Florida against the operator and owner of the Costa Concordia (Costa Crociere, Costa Cruise Lines, Carnival Corporation, and Carnival Plc).

Judge Dimitrouleas rendered a 23-page decision which dismissed the plaintiffs’ personal injury claims, asserting in no uncertain terms that the Court was “thoroughly convinced that dismissal in favor of an Talian forum is proper.” The Court motivated its decision after “having carefully considered the balance of the factors against the strong pesumption in favor of Plaintiffs’ choice of forum.” In the end, every single factor weighed in by the Court tilted in favor of the Defendant.

Published on: February 6, 2013

Death of Cruise Ship employee of Miami-Based Cruise Line

By Leesfield & Partners

Last week, Australian authorities confirmed that 24-year-old Jackie Kastrinelis had died aboard the Seven Seas Voyager operated by Regent Seven Seas Cruises. Regent Seven Seas Cruises is based out of Miami, along with the other more well-known cruise lines suck as Royal Caribbean, Carnival Cruises, Celebrity, or Norwegian Cruise Lines.

Details of Jackie Kastrinelis’ death have been far and few between. To date, the authorities have confirmed that Jackie’s body was discovered on Sunday in her cabin aboard the cruise ship. While investigators denied the existence of any evidence of foul play, an autopsy was performed Monday morning, leaving the possibility that the young woman’s death may have been caused by drugs or alcohol.

Jackie Kastrinelis was an employee aboard the Seven Seas Voyager. She worked as a singer and performer. She began her working career with Regent Seven Seas Cruise in March 2011 when she was offered a contract to perform for guests aboard ships while cruising around the world. At the time, Ms. Kastrinelis was a recent graduate of the University of Hartford (2010) where she received a bachelor’s degree in Fine Arts.

Published on: December 12, 2012

Slip and Fall on a Cruise Ship – Not a rare occurrence

By Leesfield & Partners

You are on your cruise, walking around and enjoying the amenities. Then, all of a sudden, without warning, you are on the ground. You realize you have slipped and fallen, seriously injuring yourself. However, just because you are injured, don’t expect the cruise line to take responsibility for its negligence and compensate you.

Slip and fall accidents can happen anywhere on cruise ship. Such accidents can be caused by any number of reasons: a foreign substance on the ground, wet floor from mopping, a spill that was not properly detected and cleaned up, lack of anti-slip or anti-skid material on the flooring, defective or missing treads on stairs, lack of warning of a dangerous condition, or even insufficient lighting.

Under the law, a cruise line owes its passengers a duty of “reasonable care under the circumstances.” That is, the cruise line must take reasonable measure to ensure that the floors are free from foreign substances, spills promptly and timely cleaned up, physical or verbal warnings provided and ensure that the floor is otherwise maintained in a safe, clean, and dry condition. This duty requires a cruise line to take affirmative steps, such as have a reasonable inspection process in place, to timely detect and correct a dangerous condition.

To be found liable, a cruise line must have actual or constructive notice of a dangerous condition to allow the cruise line an opportunity to correct it. That means the cruise either knew about the condition or the situation existed for a sufficient period of time that the cruise line should have discovered it.

The cruise line will undoubtedly argue that fall was your fault. It is standard for the cruise line to blame the passenger and claim that any dangerous condition was an “open and obvious” condition which you should have seen and avoided. The cruise line will also argue that it had no notice of the dangerous condition or it did not exist for a sufficient time to enable it an opportunity to detect it.

So, what do you do if you fall while on a cruise ship?
Take stock of the situation. Look around and determine what caused you to fall: Was there a foreign substance on the floor? Are your clothes or shoes wet? If there is a foreign substance, how big is it, what color is it (water, soda, coffee)? Can you tell the cause of the foreign substance (is there a leaking beverage machine, is there melting ice, was it a high traffic area where a fellow passenger could have spilled something)? Where there any warning signs in place? Where there any mats or other non-skip material in place?

The second most important thing you must do next is gather evidence. Concretely, this means: Get the names of any witnesses; if there are any crew-members present get their name and/or position; take photographs of the scene.

You must make sure that you (or if you can’t, someone you are traveling with) reports the situation to the cruise line. The cruise line will give you a passenger statement form to complete. Be sure to indicate that your fall was a result of an accident and state the cause of the accident. For example: the floor was wet and I slipped, there were no warning signs present, etc. Once completed, demand a copy of your statement and medical records (if you were seen in the infirmary).

Next, demand the cruise line preserve surveillance footage. Cruise lines have security cameras throughout the vessel and will have likely captured your accident. This is important evidence which can help establish the cause of your accident, the length of time the dangerous condition existed, and the failure of the cruise line to take reasonable steps to detect and correct the dangerous condition. Remember to make this demand in writing.

These simple steps can help ensure the cruise line is held responsible for your injuries and that you are fully compensated.
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Published on: November 9, 2012

Boat Captain indicted in the death of Celebrity Cruises Passenger killed in Parasailing Accident

By Leesfield & Partners

On November 7, 2012, Kyle Coleman was arrested and indicted in the parasailing accident which caused the death of Bernice Kraftcheck. Almost a year ago to the day, Coleman, 32, was the captain of a small boat Turtle, in charge of performing parasailing excursions for Caribbean Watersports & Tours, a corporation based out of the U.S. Virgin Island.

Bernice Kraftcheck and her daughter Danielle Haese were on a Celebrity Cruise at the time, aboard the Celebrity Eclipse. They purchased the St. Thomas shore excursion aboard the cruise ship. According to the indictment, when the mother/daughter tandem was lifted up in the parasail, the wind conditions were deteriorating rapidly. Within minutes, the tow-line broke due to increasingly strong winds, and caused the parasail and its two occupants to plummet from the sky and crash into the water. The force of the wind and the water condition were such that the parasail was continuously propelled and dragged the two passengers for several minutes, causing the death of Bernice and serious injuries to her daughter Danielle.

Kyle Coleman.jpg Since these tragic events took place last November, the Coast Guard performed a meticulous investigation by marine casualty investigators and special agents from San Juan. The Coast Guard inspected the vessel and found numerous inadequacies, including an inadequate tow-line, and deficient vessel equipment. The master on the vessel was also unlicensed at the time of the incident. Based on these findings and countless witness accounts, Coleman was arrested and charged by a federal grand jury with being responsible for the accident. The one-count indictment is pursuant to 18 U.S.C.A. § 1115. Misconduct or neglect of ship officers. The statute provides in part that a captain employed on a vessel, by whose misconduct, negligence, or inattention to his duties, the life of any person is destroyed, shall be fined or imprisoned not more than ten years, or both.

Published on: October 24, 2012

Former Assistant Cruise Director for Norwegian Cruise Line sentenced to 9 years in Federal Prison on Child Pornography Charges

By Leesfield & Partners

Last March, we reported on the arrest of Norwegian Cruise Lines’ Assistant Cruise Director, Senad Djedovic. Last week, U.S. District Judge Steven D. Merryday sentenced Djedovic to 9 years in federal prison.

The details of the alleged crimes were discussed in detail in our previous article: Norwegian Cruise Line’s crewmember arrested after having sex with 16-year-old female passenger

Facing mounting evidence, Djedovic plead guilty to possessing child pornography last Summer. Investigators discovered photos and videos depicting minors engaging in sexually explicit acts on Djedovic’s computers. Among them were approximately 20 photos sent by a 16-year-old female passenger whom Djedovic met on the Norwegian Star, a cruise ship Djedovic was assigned to as the Assistant Cruise Director.

Last May in Court, he admitted to having engaged in sexual acts with the minor girl while on the ship and to having exchanged explicit photos with her after the cruise. In his plea agreement, Djedovic declared that he knew the girl was 16-years-old and underage.

senad djedovic arrest.jpg Ultimately, this crime and criminal would never have been discovered or prosecuted had Djedovic himself not bragged about it. Days after the cruise was over, Djedovic began talking about what he did to and in front of other crew-members, even showing to some of them the photos he had received from the minor passenger. One of the crew-members alerted the authorities and Djedovic was arrested shortly thereafter by the FBI.

Sex crimes aboard cruise ships are becoming more and more frequent and the prosecution of individuals who engage in sexual acts with minor passengers are prosecuted more and more often. This latest case is however very troubling because the criminal involved was a cruise employee. Djedovic was employed by Norwegian Cruise Lines from 2006 through 2012, until he was arrested.
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Published on: September 19, 2012

Indictment following the cruise gang rape of 15-year-old girl

By Leesfield & Partners

Cruise Ship Lawyers Blog reported last month that Casey Dickerson was arrested on rape charges. Dickerson was accused of having organized, initiated, and participated in the gang rape of a minor child while on a Carnival cruise, sailing on the Carnival Sensation.

The terrifying detail of the attack were disclosed here after Cruise Ship Lawyers Blog obtained a copy of the criminal complaint filed against the 31-year-old married man.

This week, a federal grand jury heard evidence and testimony surrounding the events that took place on August 19, 2012, in the ship’s cabin U-212. The grand jury rendered its decision and indicted Dickerson on multiple sex charges. The defendant has been held in a Central Florida jail since his arrest on August 20, despite Dickerson claiming he did not have sex with the young child and that he was drunk at the time with limited recollection of the events.

Published on: September 14, 2012

Cruise Line and Cruise Captain responsible for Costa Concordia Tragedy

By Leesfield & Partners

This week in Rome, court-appointed experts have presented their 270-page analysis on what truly happened on the evening of January 13, 2012, which saw the cruise liner Costa Concordia hit rocks off the Tuscan island of Giglio and finished its course beached on its size. As a result of a series of the captain’s reckless decisions and Costa Cruise Lines’ incompetent employees, 32 people died that night.

You can read Cruise Ship Lawyers Blog’s entire account and article on the incident of Costa Concordia here.

The court overseeing the criminal investigation in Rome, Italy, had named and ordered several experts to review the audio and navigational data extracted from the ship’s black box. On Thursday, experts turned in their extensive report to the court, which was leaked the same day in the Italian press.

Published on: August 31, 2012

Princess Cruises Launches Media Blitz to try to Absolve itself of Guilt from Stranded Fisherman

By Leesfield & Partners

As last reported two months ago, Leesfield & Partners filed a lawsuit against Princess Cruises on June 5, 2012, on behalf of Fernando Osorio’s parents in the United States District Court Southern District of Florida. The lawsuit is based upon the death of Fernando amd asserts Princess Star’s failure to rescue his vessel in distress, the Fifty Cent, after its crew was alerted by three passengers that they had spotted a small boat adrift over 125 miles from shore, whose occupants were signaling for help.

Fernando Osorio, Adrian Vasquez and Elvis Diaz were fishing off the coast of Rio Hato, Panama, when the engine of the 26-foot panga boat broke down. After being adrift for 15 days and 14 nights without power, the three occupants saw a cruise ship in the middle of the ocean and began signaling and waving t-shirts and life jackets in an attempt to be seen by someone on the large cruise ship.

Their wish came true when several cruise passengers spotted the three men and the Fifty Cent. The passengers, who were using optical equipment to look for birds alerted a crew member who they asked to alert the Captain immediately. As the passengers listened on, the crew member called the bridge and advised of the disabled boat. During the process, they also showed the crew member the distressed vessel through their optical gear, and he confirmed to them he had seen the same thing they had. To their dismay, nothing happened.

Published on: August 23, 2012

Horrifying details emerge in gang-rape of 15-year-old female passenger

By Leesfield & Partners

Florida Injury Lawyer Blawg obtained the complaint filed in Federal Court against Casey Dickerson on August 20, 2012. The investigation and interviews conducted by Federal Special Agent, Christopher Williams, describe a savage attack on a defenseless and inebriated minor child. The complaint is available below for download.

According to the complaint filed in the Middle District of Florida, Casey Dickerson, 31, was a passenger on the Carnival Sensation that left Port Canaveral on August 16, scheduled to return at the same port on August 19. Dickerson and his wife were originally assigned to stay in cabin E-153. Due to Dickerson’s spouse complaints about noise, Carnival reassigned the couple to cabin U-212. Somehow Casey Dickerson retained possession of the key card of the first cabin and right to use both cabins.

On August 19, Carnival contacted the FBI to report an alleged sexual assault on a minor female passenger that occurred during the early morning hours of August 19, 2012. Special Agent Williams met with the victim immediately after the ship docked in Port Canaveral. The young girl provided gruesome details on what she went through that night. The victim, along with a female friend of hers, who is also 15, and four other male minors that she knew, went to Dickerson’s cabin U-212.

Once inside the cabin, the victim said that she was held down by Dickerson and some of the other males, and all took turns raping her. While the attack was going on, the victim’s female friend was being held by one of boys in the cabin’s bathroom. At one point, the victim said that Dickerson was having vaginal sex with her, stopped, and walked to the bathroom door to make sure the friend would not come out and tell the boy who was inside the bathroom with her to “get it on” and to “show her a good time”. While at the door, Dickerson also encouraged the two other boys who were holding the victim down to “switch” and take turn raping the victim.
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Published on: August 22, 2012

Cruise passenger arrested for raping 15-year-old girl on Carnival Sensation

By Leesfield & Partners

Casey Dickerson, a 31-year-old married man, was on a Bahamas cruise with his wife. The large ship, Carnival Sensation, departed from Cape Canaveral last Thursday. Dickerson was arrested by the FBI at the end of the cruise on charges of raping a minor girl in his cabin.

During a very strange camera interview conducted in jail, the alleged rapist said “the cruise was great.” Apparently unaware of the seriousness of the alleged crime, he admitted that he bought alcohol for a group of underage teenagers and invited them to his room. That is where the alleged attack took place.

According to investigators, Dickerson was approached by a group of teenagers to buy them alcoholic drinks. On Carnival ships, the legal drinking age is 21. Dickerson apparently agreed and bought alcohol before inviting the group to party in his room.