What Cruise Lines Don’t Want You to Know

Information provided by cruise ship assault attorney Jack Hickey

THE CRUISE LINES CREATE A FALSE SENSE OF SECURITY.
The cruise lines save money by hiring foreign nationals as crew members, including waiters. They pay these waiters little or nothing in salary. The cruise lines set up a table assignment and tipping system and rely on the passengers paying the waiters through that tipping system. The tipping system is an integral part of the caterer-passenger relationship that encourages the waiter to socialize with the assigned dinner passengers. Further, the cruise lines know that the passengers who are on the cruise ship are open to a trusting relationship with the waiters and other crew members and staff on board the cruise ship. Passengers on their cruise ship vacation are relaxed and trusting that they are in a safe environment and have their guard down. Cruises are marketed by the cruise lines as an experience within a closed environment of the ship which on some ships is all inclusive. The only thing you need to carry with you throughout the cruise ship is your internal card used to charge things on the passenger’s cruise line account.

THE CRUISE LINES OWE YOU, THE PASSENGER, A DUTY UNDER THE LAW.
The cruise line owes a non-delegable duty to protect their passengers from crew-member assaults and thereby safely transport their cruise passengers. Accordingly, Federal and State law impose on the cruise line strict liability for crew member assault on passengers. The general maritime law, state and federal, imposes a strict liability on the common carrier, including the cruise line herein, for sexual assault and/or sexual battery. This is a “special non-delegable duty owed by the carrier to the passenger”. Doe v. Celebrity Cruises, Inc., 394 F. 3d 891, 907 (11th Circuit 2004); New Orleans and N.E.R. Co. v. Jopes, 142 U.S. 18, 12 S.Ct. 109, 35 L.Ed. 919 (1891); New Jersey Steam-Boat Co. v. Brockett, 121 U.S. 637, 7 S.Ct. 1039, 30 L.Ed. 1049 (1887); thus, the cruise line has an “unconditional responsibility” for its employees misconduct. Tullis v. Fidelity and Casualty Company of New York, 397 F. 2d 22, 23 (5th Cir. 1968) as cited by the 11th Circuit in Doe v. Celebrity Cruises Inc., 394 F. 3d at 909. Stated otherwise, “it is a widely adopted rule that common carriers owe such an absolute duty to their passengers”. Morton v. De Oliveira, 984 F. 2d 289, 291-92 (9th Circuit 1993) as cited in Doe v. Celebrity Cruises Inc. 394 F. 3d at 911. See, Nadeau v. Costley, 634 S. 2d 649, 652-3 (Fl 3d D.C.A. 1994) and Commodore Cruise Line, Ltd. v. Kormendi, 344 S. 2d 896 (Fl. 3d D.C.A. 1977).

10 TIPS ON WHAT TO DO IF YOU ARE SEXUALLY ASSAULTED:

• Report it immediately to the security officer on the ship.
  
  
• Go to the ship’s infirmary immediately for treatment of any physical injuries and to report the incident.
  
  
• Get the names of all of the crew members involved.
  
  
• Get the names and contact information of all of the passengers with any information.
  
  
• Report it immediately to the FBI. Yes, they do investigate these incidents.
  
  
• Go immediately to the nearest rape treatment center. Every major hospital has one. The ER’s of most hospitals have rules and protocols for treating and testing for rape.
  
  
• Go immediately to get medical treatment for your physical injuries or problems. This would include your gynecologist, orthopedic surgeon, plastic surgeon, or family doctor.
  
  
• Take photos of any physical injuries and bruises. “A picture is worth a thousand words”.
  
  
• Seek psychological counseling.
  
  
• Call us toll free at 1.800.215.7117. We can help. We have experience in representing the victims of rape, sexual assault, and sexual battery on cruise ships. The trial attorney here, John H. (Jack) Hickey, represented the cruise lines for 17 years and now represents passengers against the cruise lines. Jack is Board Certified as a Civil Trial Lawyer by the National Board of Trial Advocates and by The Florida Bar; Past President of the Dade County (Miami) Bar Association; and has been recognized by his peers as a “Top Lawyer” by the South Florida Legal Guide in the areas of Maritime and Personal Injury; as a “SUPERLAWYER” by Superlawyer Magazine; and as a “Legal Elite” in Florida Trend Magazine.