Lawsuits Filed Over RCCL's "Storm Cruise"

March 01, 2016

Royal Caribbean Cruises Ltd ("RCCL") faces lawsuits by passengers accusing the company of negligently endangering their lives by letting Anthem of the Seas sail into a February 7, 2016 storm.  One class action lawsuit filed in federal court in Miami specifically states that RCCL should be required to pay punitive damages to passengers on its ship for "knowingly sailing directly into" a strong winter storm with 120-mph winds. It is also alleged that people aboard the ship were "subjected to hours of sheer terror as the gigantic cruise ship was battered by hurricane-force winds and more than 30-foot waves." 

The vessel reportedly encountered 100 mph winds and 30-foot waves, and RCCL said the storm was more severe than expected. RCCL later turned the ship around, and it returned to New Jersey on February 10. Anthem of the Seas’ port azipod reportedly burnt through “all four clutches” during the storm. RCCL reported four minor injuries among more than 6,000 people on board.

Aft photograph of Anthem of the Seas

The scheduled seven-day cruise from New Jersey to the Bahamas and back ended early after the ship ran into the storm. Passengers reported the captain alerted them as they were leaving port on February 6 that a weather system was building but he would try to outrun it.  It is reported by several news sources including the Daily Business Review state that the passengers reported the ship tilted up to 45 degrees, and Coast Guard inspectors found damage to the ship's propulsion system.

RCCL has not commented on the pending litigation. The company reportedly apologized when the cruise ended and offered passengers a full refund plus a certificate for half-off a future cruise. In addition, RCCL has reported that they are strengthening their storm avoidance policy and has "added resources" at its Miami headquarters to provide additional guidance to their captains.

Perhaps as a result of these recent changes at RCCL, it recently issued a statement saying it was cancelling another Anthem of the Seas cruise due to a storm building up on the U.S. east coast.

If you are interested in contacting me, you may do so by writing to me atblog@miamimaritimelaw.co.

Concordia Pax Ordered to Bring Suits in Italy

January 27, 2016

On January 27, 2016,  a 3-judge panel of the Third District Court of Appeal for the State of Florida has ruled unanimously that lawsuits filed by passengers on Costa Concordia, the infamous cruise ship that ran aground and sank in Italy in January 2012, should be heard in that country. The appellate court found that 57 plaintiffs, including five U.S. residents, should not be allowed to pursue their lawsuit against Miami-based Costa parent Carnival Corp. in Miami-Dade Circuit Court, which dismissed the case on forum non conveniens grounds.

Costa Concordia sank off the Italian island Giglio in January 2012 after its captain allegedly changed course to do a sail-by salute and hit a coral reef. More than 3,000 passengers and 1,000 crew members were evacuated--32 people died.

The court reasoned that the evidence is located in Italy. The court also noted that the wreckage, voyage data recorder, bridge voice recorder, ship cameras and the vessel's electronic navigation system are all in the custody of Italian authorities. The appellate court remanded a second set of Costa Concordia claims filed by 17 U.S. residents to Miami-Dade Circuit Court, finding that the trial judge in that companion case, which was consolidated with the first reported case, did not properly conduct a "private interest" analysis with respect to the U.S. plaintiffs. The court found that the court had to analyze the elements of the plaintiffs' causes of action. The court must then consider the necessary evidence required to prove and disprove each element and make a reasoned assessment as to the likely location of such proof. Because the trial court failed to undertake this analysis in the second case, the court reversed and remanded that portion of the trial court's ruling for further determination.

If you are interested in receiving the court's opinion or wish to contact me, you may do so by writing to me at blog@miamimaritimelaw.co.

Tour Boat Captain Implicated in Tragedy Off Nicaragua

January 25, 2016

As reported in the Daily Business Review on January 25, 2016, Nicaragua's police, army and navy will investigate the captain of a tourist boat and his assistant for the deaths of 13 Costa Rican passengers killed on January 23rd when the vessel capsized in bad weather. The Reina del Caribe, Spanish for "Caribbean Queen," was carrying 33 people when it went down Saturday amid rain and strong winds as it ferried between the Corn Islands, a popular tourist destination, off Nicaragua's Caribbean coast. The Daily Business Review article can be accessed here=> Daily Business Review article.

The government clarified on the 24th that the boat was carrying 25 Costa Ricans, two Americans, two British citizens, a Brazilian and three Nicaraguans. Previous reports had said there were 32 people on board, including four Americans. All the dead were Costa Ricans.

Nicaragua's naval commander for the southern Caribbean region said the boat's captain was detained because the vessel was not supposed to be sailing during the inclement weather that had been clobbering the region for several days. However, the captain's son has reportedly stated that the Nicaraguan Naval Force did not issue a warning to Corn Islands mariners on the day that Reina del Caribe capsized off the Caribbean coast.

The Costa Rica Star reports that statements made by the Nicaraguan Naval Force to the press on this tragedy do not indicate the issuance of any warnings. The captain's son explained that Naval Force vessels patrol the Corn Islands, and officers go ashore on Great Corn Island to issue warnings and to enforce orders to not get underway during bad weather and rough seas; but such is the not case in Little Corn Island, where mariners are reportedly on their own when it comes to marine forecasts. Nevertheless, the authorities are stating that the captain and his assistant will be "processed" for crimes of "imprudent homicide" and exposing persons to dangers.

This is a tragedy that appears could have prevented--the ultimate question is who had the information and failed to act on it to prevent it. If you are interested in contacting me, you may do so by writing to me at blog@miamimaritimelaw.co. 

South Florida Lawsuit Filed in El Faro Sinking

November 10, 2015

The first South Florida lawsuit against the owner of EL FARO, the cargo ship that sunk in Hurricane Joaquin last month, was filed on October 28, 2015 in Broward County Circuit Court. This latest lawsuit claims EL FARO's engine failure and loss of power on October 1st followed many years of lax maintenance. The lawsuit also claims EL FARO was not seaworthy in that the ship was undergoing "significant maintenance" just before it left port September 29th and had a history of losing power. 

The lawsuit was brought by the widow of Anthony Thomas who seeks damages for herself and for the couple's five children, ages 8 to 29. The lawsuit states the Fort Lauderdale court has jurisdiction because Tote Maritime's registered agent is in Plantation.

This lawsuit is the fourth complaint brought against ship owner Tote Maritime since the deaths of EL FARO's 33 crew members. This latest lawsuit comes just as the Jacksonville-based company seeks to prevent future lawsuits and limit the damages victims' families can collect by virtue of their filing of a limitation of liability lawsuit. 

In the limitation of liability lawsuit filed by the shipowner, Tote Maritime claimed it should not be required to pay more than about $15.2 million in total damages for losses related to the shipwreck found near Crooked Island in the Bahamas. The company claims its liability is limited under the limitation of liability act to a death claims fund of $420 per gross registered ton, or $13.2 million, with another $2 million for the freight aboard the ship. The company also asked U.S. District Judge Brian J. Davis to issue an injunction against the prosecution of future lawsuits.

The Broward County lawsuit was removed to federal court and has been assigned to U.S. District Judge William J. Zloch. However, because there are two similar lawsuits filed in Jacksonville, one in federal court and one in Duval Circuit Court and because wrongful death claims cannot proceed until the limitation court has resolved the limitation action, it is likely that Tote Maritime will move to consolidate all the actions in Jacksonville.

According to this latest complaint, the U.S. Coast Guard documented 23 deficiencies with EL FARO Faro since 2003. The 40-year-old ship also allegedly lost power and propulsion during a 2011 voyage due to faulty equipment.

If you are interested in receiving a copy of the latest lawsuit or in contacting me, you may do so by writing to me at blog@miamimaritimelaw.co.