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Federal/State/Local Regulations….. 4
SECTION III – MANAGEMENT SUGGESTIONS. ……5
Relation to Real Life Experiences….. 5
Discussion of Legal Issues from Management Review…. 6
SECTION I – LEGAL ISSUES
Topic
Cruise ship passengers overboard are not common. Since this can happen all over the world, there isn’t a specific statistic compiled by the United States government. Although, there are about 20 incidents a year (Faust, 2020). Many would think people always die when they go overboard but the truth is that it depends on several factors. These factors include the person’s impact on the water and the injury caused by that and also how quickly they are rescued by the cruise crew members or the Coast Guard. More times than not, the person dies before they reach the water (Faust, 2020). If there is inclement weather, it makes it tough for the person to swim as well as for the staff to find them.
Typical overboard accidents are caused by different causes. Defective handrails, dangerous pathways, failure to warn of rough weather conditions, and intoxication. The company is held liable if any of these things are the cause of an overboard accident. The company would have failed to be negligent, even with an intoxicated passenger who fell overboard. It is the duty of the crew members to not continue serving highly intoxicated passengers as there is major risk for injury or even death (Lee, 2019).
When a crew member or passenger is overboard, the ship has the duty and obligation to do everything they can to rescue them. As soon as the incident occurs, the ship crew stops and turns back to the area where it happened. They then perform a lengthy search and rescue operation that sometimes can last several hours. The captain also notifies also ships in the area which are also obligated to help and local maritime authority, like the Coast Guard (Faust, 2020).
It is important to note, that not all overboard situations happen at sea. Some situations happen once the ships are docked in one of the destinations.
Federal Statutes
The United States has federal laws that command vessels to have security and safety requirements.
U.S. code 3507 – Passenger Vessel Security and Safety Requirements:
- VESSEL DESIGN, EQUIPMENT, CONSTRUCTION, AND RETROFITTING —
- IN —Each vessel to which this subsection applies shall comply with the following design and construction standards:
(A)The vessel shall be equipped with ship rails that are located not less than 42 inches above the cabin deck.
- Each passenger stateroom and crew cabin shall be equipped with entry doors that include peepholes or other means of visual
(C)For any vessel the keel of which is laid after the date of enactment of
the Cruise Vessel Security and Safety Act of 2010, each passenger stateroom and crew cabin shall be equipped with—
- security latches; and
- time-sensitive key
- The vessel shall integrate technology that can be used for capturing images of passengers or detecting passengers who have fallen overboard, to the extent that such technology is
- The vessel shall be equipped with a sufficient number of operable acoustic hailing or other such warning devices to provide communication capability around the entire vessel when operating in high-risk areas (as defined by the United States Coast Guard).
These statutes are a few among many that state the importance of having proper railings and security latches. Along with the importance of having technology that will allow for instant communication. Vessels are also mandated to have technology that will detect passengers who may have fallen overboard. It is also mandated to have devices all over the vessel that have communication capability in the case that the captain needs to share an important message with passengers and crew members (Cornell, 2010).
State Statutes
Maritime laws differ from state laws. It all depends on where the accident occurred. If a person is on a cruise ship, they are more than often not under United States’ jurisdiction. This also includes when the ship is docked in another country. The person will usually be under the jurisdiction of that country. If they are in international waters, that is where Maritime laws come in (G, 2020).
Federal/State/Local Regulations
Since the year 2000, nearly 300 have gone overboard from cruises and ferries. In retrospect, this is a small margin in comparison to the millions who vacation on cruise ships every year. There is a larger issue at hand. There have many instances where families haven’t received the answers or closure they deserve. There are roughly 19 people who go overboard while aboard a cruise ship every year (Passy, 2017). Later in the analysis, the Cruise Passenger Protection Act will be discussed. This is a fairly new bill that is set to improve passenger safety laws.
SECTION II – ANALYSIS
Critical Thinking
There are many reasons why a crew member or passenger would go overboard. There have been incidents where it was an accident because they were either highly intoxicated or a hand railing was not secure, to passengers who jump willingly for a good laugh or to go on a swim like the 27-year-old passenger who jumped off the 11th-floor balcony on the Symphony of the Seas. His friends caught him jumping off the balcony on video and he admitted he didn’t think it was a big deal and did it to make his friends laugh (The Maritime Executive, 2019). Many say he is lucky to be alive. This group of men was banned from traveling on Royal Caribbean in the future. Others go overboard to simply commit suicide. There are still many questions at play and not enough answers. Cruise ship companies and families of those lost overboard have intense debates because it’s a problem that needs to be solved. Not just for those who have lost loved ones overboard and still don’t have answers but to help prevent someone from going missing overboard in the future.
Legal Standards
There is a new bill to help improve passenger safety laws. Advocates for victim’s families are working to reduce incidents and are arguing that there should be independent law enforcement agents on cruise ships. Their advocacy efforts grabbed the attention of members in congress. The Cruise Passenger Protection Act would eventually require government authorities and agencies
including the Unites States Coast Guard and the Department of Transportation. This legislation would build upon the Cruise Vessel Safety and Security Act which was signed into law in 2010 by President Obama (Passy, 2017).
The cruise line industry has not been quick to implement the advanced radar technology which can detect when an individual goes overboard and that is also something that is implemented in the Cruise Vessel Security and Safety Act (Passy, 2017).
SECTION III – MANAGEMENT SUGGESTIONS
Relation to Real Life Experiences
In August of 2004, a 40-year-old woman by the name of Merrian Carver sailed on a Celebrity Cruise that sailed from Seattle to Alaska, alone. Merrian’s daughter could not get in touch with her mother so she contacted her grandparents who had no idea she had traveled on a cruise. They filed a missing person’s report, and the police ended up finding a bank transaction that showed she had gone on a cruise. The family ended up finding out through a private investigation that the cruise ship had reported her missing, days into the voyage. Most of her belongings were tossed. It is now 2020 and the family still has no idea what happened to Merrian after a whole year of searching for answers.
In May of 2017, an American man who was 61 years old. Went missing after going overboard in the South Pacific. A Georgia man who was 32 years old went missing after he jumped from his balcony in the Bahamas. The families have no idea what happened to these passengers (Passy, 2017). In 2017, only 3 of the 13 people were rescued alive that were found overboard.
Discussion of Legal Issues from Management Review
As a manager, it is extremely important to make sure that all of the crew members and staff are properly trained. It is also extremely important to make sure that all safety measures are taken, as simple as tightening the bolts in handrails.
It is also important to be informed of any new legislation being passed so that families feel safe and cruise ship companies save themselves from any lawsuits.
References
46 U.S. Code § 3507 – Passenger vessel security and safety requirements. (n.d.). Retrieved December 9, 2020, from https://www.law.cornell.edu/uscode/text/46/3507
Faust, C. G. (2020, February 27). What to Expect: Man Overboard on a Cruise Ship – Cruises. Retrieved December 03, 2020, from https://www.cruisecritic.com/articles.cfm?ID=2069
G, H. (2020). How Maritime Laws Differ from State Laws for Cruise Ship Injuries. Retrieved December 9, 2020, from https://www.hg.org/legal-articles/how-maritime-laws-differ-from- state-laws-for-cruise-ship-injuries-50913
Justia. (2018, August 10). Cruise Ship Law. Retrieved December 11, 2020, from https://www.justia.com/admiralty/cruise-ships/
Lee, S. (2019, July 23). Overboard Accidents and Ships. Retrieved December 9, 2020, from https://www.attorneystevelee.com/our-library/overboard-accidents-and-ships/
The Maritime Executive 01-18-2019 03:29:15, The Maritime Executive 12-11-2020 04:11:00,
The Maritime Executive 12-11-2020 02:58:51, The Maritime Executive 12-11-2020
02:42:31, & The Maritime Executive 12-11-2020 01:49:11. (2019).
Cruise Passenger May Face Legal Action After Jumping Overboard. Retrieved December 11, 2020, from https://www.maritime-executive.com/article/cruise-passenger-may-face-legal-action-after- jumping-from-cabin
Passy, J. (2017, August 12). The dark side of cruises. Retrieved December 10, 2020, from https://www.marketwatch.com/story/the-dark-side-of-cruises-since-2000-nearly-300- people-have-gone-overboard-2017-07-20