Cruise Ship Lawyers Blog

Published on: March 8, 2012

Norwegian Cruise Line’s crewmember arrested after having sex with 16-year-old female passenger

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.

After 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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Published on: February 23, 2012

Dispute between Deceased Passenger and Cruise Employee Caught on Tape

By Leesfield & Partners

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.jpg Read 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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Published on: February 14, 2012

Lawsuit Filed against Celebrity Cruises and Parasail Operator for the Wrongful Death of Cruise Passenger

By Leesfield & Partners

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.

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.

In 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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Published on: February 14, 2012

Cruise Passenger who fell off the Allure of the Seas was not suicidal

By Leesfield & Partners

The father of Kenneth John Gemmell spoke out recently about the disappearance at sea of his 30-year-old son. We reported on this story as soon as it happened and once additional information became known. Several passengers on that same cruise have come forward with pertinent information which have raised some doubt as to exactly what happened to the young man.

Kenneth John Gemmell.jpg Read our previous posts on this story:

Another Death of 30 year-old Royal Caribbean Cruise Passenger

Family of Deceased Cruise Passenger Seeks Information from Fellow Cruisers

In the last 24 hours, Kenneth’s father, James Gemmell, has reiterated the family’s efforts to get more information from fellow cruisers who may have more information about the disappearance of Kenneth and the claims by the cruise line that the yound man committed suicide.

A spokesman for Royal Caribbean Cruises, which operates the “Allure of the Seas” released a more detailed statement: “He was alone on the balcony in his stateroom on deck 11 when he stepped on top of the balcony table in order to jump over the balcony railing. The footage is consistent with an eyewitness report from another guest.”

The statement refers to a video footage captured on the ship’s closed circuit surveillance system. While the statement seems to leave no doubt as to what happened in the seconds prior to Kenneth’s jumping off the ship, the family is still trying to understand what led the young man to such an act.

In an interview, James Gemmell has said that “Kenneth was not a suicide risk. He went out on a holiday and was very happy. We just don’t understand what happened.” His mother added her son “was very good at his job and loyal to those he worked with and was a happy and outgoing person. He went on the cruise a very happy and jolly person. He was delighted about it and had nothing to be sad about. He was not a suicide risk.”

The reason Kenneth’s parents are continuously looking for answers is easily explained. First, despite the claim by the cruise line that the 30-year-old committed suicide and taht he was caught on their surveillance system jumping off the ship on his power remains to be proven. The cruise line has yet to turn over the video footage to the family at this point in time. Second, the investigators, who we can assume have seen the video footage in question, have not indicated that this is a suicide case and the investigation is still ongoing. Lastly, and probably most importantly for the family, several fellow cruisers have come forward on forums and other online websites and commented that they saw Kenneth have an argument with a crew member not long before he allegedly disappeared.

blaze allure of the seas.jpg

Blaze – Club where Kenneth Gemmell may have had an argument with a Royal crewmember

Those doubts are reinforced by new rumors that the said crewmember who entered into an argument with Kenneth, may have disembarked in Cozumel while the authorities were still searching for Kenneth’s body and never returned aboard the ship. Some cruisers brought even more troubling doubts when said crewmember may have been selling drugs to passengers that night.

Yesterday, in the face of the new information, that has yet to be substantiated, Royal denied that any crew members failed to report for sailing while in Cozumel.

If you have any additional information, you may reach the parents by email at Michael@ mhynes.com
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Published on: February 9, 2012

Family of Deceased Cruise Passenger Seeks Information from Fellow Cruisers

By Leesfield & Partners

Earlier this week we reported on the death of a cruise passenger on the Allure of the Seas, operated by Royal Caribbean.

At the time, Royal Caribbean’s public relations was in full damage control mode, cooperating with the local authorities, providing investigators with captured footage of the ship’s closed-circuit surveillance cameras. The only conclusion one could reach after reading RCCL’s statement was that the 30-year-old cruise passenger had committed suicide by jumping over the railing of his cabin located on deck 11. The investigators in charge, looking at the same evidence, had not reached that same conclusion, and simply stated that the investigation was still ongoing.

Within the last 24 hours, more information has surfaced that may very well change how the young man came to disappear at sea.

Published on: February 8, 2012

Fire breaks out on the Regent Seven Seas Voyager in the middle of Severe Storm in the Tasman Sea

By Leesfield & Partners

In the ongoing public relations nightmare the cruise line industry is facing amidst the Costa Concordia tragedy and debacle, and the latest incidents that have resulted in the deaths of multiple cruise passengers, another incident unfolded about a week ago aboard the Seven Seas Voyager, a cruise liner operated by Miami-based Regent Seven Seas Cruises.

The 700-passenger cruise ship, Seven Seas Voyager, was on a 15-night cruise from Sydney to Auckland when it was caught in a very severe storm in the Tasman Sea, between Australia and New Zealand. The storm produced winds in excess of 115 miles per hour and between 30- to 40-foot waves that kept on crashing against the 670-feet long ship.

The initial commotion resulted in broken glass partitions inside the vessel, as well as several balcony dividers on several passenger cabins that were damaged. In the middle of the following night, at around 4am, a fire broke out on the ship’s deck after the deck furniture, which had been strapped down by crew members, broke loose and crashed into electrical fittings, which in turn ignited a fire aboard the ship.

One of the passengers who is still currently aboard the Seven Seas Voyager wrote in a forum entry:

“We are on the Regent Seven Seas Voyager currently caught in a nasty storm in 100-knot winds off the Southwest corner of New Zealand’s South Island. Our ship tried to turn the corner around Cape Providence at around 6:00 pm local time and could not make the turn due to the wind on our beam. As a result, we have turned back north and are running directly into the wind to wait out the storm. The balcony chairs look like they are about to go over the edge. We have been warned not to go on open decks or to open our balcony doors. We are making 6-7 knots speed right into the wind. A little scary!!”

Regent Seven Seas Cruises issued a statement shortly thereafter: “The fire, which damaged plastic pool furniture, was immediately extinguished with no damage to passengers, crew or ship systems. The ship is fully operational.”

While we do not know whether there truly was no damage to passengers, it is important to note that cruise ships and their captains have several duties to fulfill when in the face of bad weather.

Duty to warn passengers of bad weather: Being on a very large ocean liner does not immune cruise passengers from injuries when the ship enters a patch of rough weather. When at sea, cruise lines have the duty to warn passengers from bad weather as soon as the dangers become known. To fulfill their duties, cruise ships are equipped with radars that detect patches of rough weather far in advance of feeling their effect. Cruise lines can be held liable for failure to warn passengers who injure themselves or fall off the ship during a storm.

Duty to avoid bad weather and seek safe harbor: When a cruise ship is on the open seas and the ship’s onboard radars alert the crew of a patch of bad weather, the cruise captain’s overarching duty to keep the passengers safe imposes that the ship sail away from the storm inasmuch as it is reasonable and safe to do so, and seek immediate safe harbor until the storm passes.
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Published on: February 7, 2012

Another Death of 30 year-old Royal Caribbean Cruise Passenger

By Leesfield & Partners

An investigation led by the authorities in the Bahamas and assisted by Federal Agents is underway after yet another cruise passenger fell off the ship and died as a result of his injuries.

At the time the incident occurred, Allure of the Seas, cruise ship operated by Royal Caribbean, was approximately one mile off the coast of Cozumel, Mexico. It has been reported by other passengers that the young man was a British citizen, and allegedly fell from the balcony of his stateroom located on Deck 11.

As soon as the incident became known the crewmembers, multiple public announcements were made over the speakers throughout the entire ship and Royal Caribbean employees began searching for the missing passenger. Once it became clear to crewmembers that the passenger was indeed missing and had probably fallen off the ship, the captain immediately alerted the local authorities of the incident.

Royal Caribbean has since issued a statement saying “a review of the ship’s closed-circuit camera footage observed the British guest going over the balcony railing in his stateroom on deck 11. The location of the ship at the time the guest went overboard was marked on the ship’s Global Positioning System (GPS) and the US and Mexican Coast Guard were alerted. Our Care Team is providing support to the guest’s family and our thoughts and prayers are with them.”

All signs in the early stages of the investigation point to a suicide, yet Superintendent Paul Rolle, Head of the Central Detective Unit, has shared with members of the media that the investigation is not complete. He said in an interview with The Tribune: “We do not have much information we can share with the public at this point. All we know is a British man is dead and it may or may not have been suicide. We are still conducting our on scene investigations and interviewing eyewitness. We are being assisted by other law enforcement agencies and expect to wrap up our investigations shortly. At that time, I will provide an update,”

The deceased, whose name the authorities have not released, was on board a ship along with more than 4,500 passengers as it sailed from Florida to Cancun on a gay and lesbian-themed seven-day cruise.
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Published on: February 2, 2012

Liability of Cruise Line for Serving Alcohol to Cruise Passengers

By Leesfield & Partners

We recently reported on two incidents occurring only days apart where cruise passengers had fallen and died as a result of their injuries.

The first incident saw the death of Barbara Wood on the Liberty of the Seas, owned and operated Royal Caribbean Cruises. The investigators and witnesses to the tragedy told the media that Barbara Wood was leaving the ship’s nightclub, Catacombs, when she fell while going down the club’s stairs. She hit her head on one of the steps and sustained a massive head injury, resulting in her death about an hour later.

Less than 48 hours later, Carnival cruise passenger, Walter Bouknight, fell down two floors after falling off a platform in the atrium of the Carnival Fantasy. Passengers who witnessed the events have since reported that alcohol may have been in play. The young man may have been gambling in the ship’s casino a few moments prior to his fall and may have been drinking to the point of intoxication.

In both instances, alcohol consumption and intoxication may have been the main contributing factor to explain these incidents. If there is evidence that these passengers had consumed alcohol prior to their fall, and that the amount of alcohol in their system rendered them intoxicated, Carnival Cruise Lines and Royal Caribbean Cruises respectively could face a lawsuit for having over-served alcohol to these passengers.

Cruise Lines can be held liable for over-serving alcohol to cruise passengers
Florida’s Third District Court of Appeals decided in a landmark case in 2004, that cruise lines can be held liable for over-serving their passengers to the point of intoxication if they sustain injuries caused by their alcohol-related impairment. In Hall v. Royal Caribbean Cruises, Judge Schwartz reversed the lower court’s decision ruling that the defendant cruise line has an established duty to exercise reasonable care for the safety of its passengers, a duty couched in general maritime law.

Royal Caribbean had argued that the Court of Appeal should look to Florida’s dram shop act as the governing law to resolve that case and not general maritime principles. Had the Third District Court of Appeal agreed with Royal, it would have severely limited the cruise lines’ liability in future similar cases.

The Florida’s Dram Shop Act enacted as Statute 768.125 provides that [a] person who furnishes alcoholic beverages to a person of lawful drinking age shall not become liable for injury or damage caused by or resulting from the intoxication of such person. The exceptions to Florida’s Dram Shop Act are when a Florida business willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or when it knowingly serves a person habitually addicted to the use of any or all alcoholic beverages.

Consequently, since the Hall decision, cruise passengers have able to bring lawsuits against cruise lines for not only over-serving and essentially intoxicating them while on the ship, but also for intoxicating other passengers who may have become violent towards them as a result of having been served too much alcohol.
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Published on: February 1, 2012

Reasons for Death of Carnival Cruise Ship Passenger Remain Unknown

By Leesfield & Partners

We reported on Monday that a cruise passenger on the Carnival Fantasy had died on Friday while the ship was docked in Nassau, Bahamas. The authorities have since released the identity of the victim. 26-year-old Walter Bouknight from South Carolina fell from one of the platforms of the ship’s atrium and landed two floors below. Witnesses to the incident told the local media that the young man was unresponsive and had probably been killed on impact.

The above photograph was taken a few moments after the incident. Yellow tape is still visible on the platform from which Walter Bouknight fell. Two floors below, near the bottom of the stairs, is where the young man’s body rested, an area blocked off by crewmembers while first responders attempted to revive the passenger.

The Carnival Fantasy was on a 5-day cruise in the Bahamas and has since returned to Charleston, South Carolina. Passengers who were on the cruise when this tragedy occurred have been asked to comment on the events. While some have alleged that Walter had lost money gambling in the ship’s casino before his fall, others have reported that the young man was suicidal.

Several other passengers however have vehemently disagreed with that theory. One outraged passenger insisted on rebutting the theory as untrue. This passenger who knows the father of the deceased commented that alcohol may have been an issue and that whether it was intoxication or the momentum from running towards the railing that caused the young man to fall over the railing, he certainly was not suicidal.
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Published on: January 30, 2012

Cruise Passenger Dies after Slip and Fall on Cruise Ship

By Leesfield & Partners

In the early morning hours of the day on Monday, Barbara Wood, a 47-year-old cruise passenger from Middleborough, Massachusetts, hit her head while falling down the stairs aboard the Liberty of the Seas, Royal Caribbean Cruises.

The investigation is still ongoing at this time, but some details have already come to light. Mrs. Wood was on a five day cruise which stopped in Cozumel, Mexico and was to end at Port Everglades on Monday morning. Some passengers reported hearing an alert made over the ship’s speakers between 1 and 2 a.m., when the incident occurred.

At that time, Barbara Wood left the ship’s Catacombs nightclub and was allegedly on her way to her cabin. On her way, she slipped on a step while going down the stairs and in her tumble, she hit her head. She was taken to the onboard infirmary when she was pronounced dead about one hour later, before the ship could reach the port according to the cruise line’s spokesman.

it is unclear at this time what caused the woman to fall to her death. An autopsy will be performed within the next 48 hours to determine the exact cause of death. The autopsy will also help ascertain whether alcohol played a role in the fatal incident or whether investigators should look into the stairs in question as a possible reason for the cruise passenger to slip.

One of the passengers who witnessed the incident, Missy Whitlock, told the media that “[s]he fell down the steps. There was a lot of blood.”

This is the second cruise passenger in as many days that has fallen and died while on a cruise ship. This morning we reported that a cruise passenger fell off a platform located in the atrium of the Carnival Fantasy.
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