Cruise Ship Passenger Protection Act of 2013

author by Nicholas I. Gerson on Jul. 26, 2013

Industry Specialties Admiralty & Maritime Accident & Injury Accident & Injury  Personal Injury 

Summary: Legislative hearings started earlier this week started before the United States Senate in an effort to enact new laws and additional legal protections for cruise ship passengers.


Legislative hearings started earlier this week started before the United States Senate in an effort to enact new laws and additional legal protections for cruise ship passengers. The new bill has been introduced in the wake of a growing concern about lack of regulation in the cruise ship industry following several high profile accidents such as mechanical failures, fires, and even an increase in crime.  All is aimed as part of a concerted effort to improve the quality, safety and security for all cruise passengers. If approved in the Senate, the House, and signed into law by the President, the "Cruise Passenger Protection Act of 2013" would be the most significant cruise ship legislation and additional reforms since the "Cruise Vessel Security and Safety Act of 2010" was signed by President Barak Obama. Maritime attorney and consumer protection groups like the International Cruise Victims Association together with members of Congress agree that much stronger laws and an increase in the number of regulations are needed in order to protect the public and to hold cruise ship companies accountable when they should be.

Some changes include the way cruise ship companies report crimes. It would also require cruise ship companies like Carnival and Royal Caribbean to change the way they currently report crimes. It would also require the cruise industry to offer more assistance to innocent victims injured on their vessels. Though still in it's early stages, the legislation also suggests requiring cruise lines to maintain video footage from surveillance cameras and install them in public areas.

<a href="http://news.injuryattorneyfla.com/">Cruise ship lawyers </a>at Gerson and Schwartz, PA explain that cruise ship companies have a huge incentive for limiting the way criminal incidents such as rape and sexual assault are reported and investigated. Under federal maritime law, cruise line companies are subject to strict liability for crimes committed by their crew members. This means that when crimes committed by employees, the company is automatically liable to an injured passenger.  Under existing maritime law, crime victims do not need to prove fault if the crime was committed by the crew member. The cruise line is vicariously liable for this harm they caused. Victimized passengers only need to prove medical causation and damages. Maritime lawyers from Gerson and Schwartz, PA explain that "the way cruise lines industry defends these cases is by a lack of oversight in the criminal investigation process." As soon as there is a criminal incident aboard one of their vessels the cruise lines typically "dump" the accused employee in the next port of call. Instead of turning potential criminals over to police or FBI, the cruise lines will conduct their own investigation which is usually minimal at best. The cruise line usually takes the position that it was a "he said she said" and then make a self serving determination that the incident did not really occur. The next step,  is the cruise lines will assist the accused and buy them a "one way ticket" back to their home country, and before any real investigation can occur. Notably, many cruise ship employees are Indian, from the Philippines, Europe, or live in other far away places.

In addition to helping crime victims, the new legislation is also being introduced to address the need for additional safety measures in the wake of a number of high profile incidents such as cruise ship fires and other mechanical failures. Some of the new proposed safety measures would also include cruise ship companies to place:
 
1. Close circuit televisions in public places;

2. Give the Department of Transportation authority to investigate consumer complaints;

3. Create a toll free hot line for consumer complaints;

4. Require cruise ship companies to have a victim right advocate to assist cruise ship crime victims and;

5. Help crime victims get in touch with appropriate law enforcement.

The bill is being co-sponsored by Senator Richard Blumenthall ( D-Conn) and even has the support of some Republicans. Most cruise ship passengers don't how realize how limited their rights are until after the fact. Notably, the Senate hearings are requiring cruise line CEO's from Carnival to Royal Caribbean to testify in response to need for these additional protections. With over 43 years of experience, the <a href="http://www.injuryattorneyfla.com/maritime-accidents.html">Florida maritime attorneys</a> at Gerson and Schwartz, PA are here to assist you in the event you are injured at sea. For more information visit us online at www.injuryattorneyfla.com, or call us toll free at 1-877-475-2905.

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