What Cruise Lines Do Not Want You to Know

Information provided by cruise ship sexual assault lawyer 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).

If you are the victim of rape on cruise ships, our cruise ship rape attorneys can help; call our Miami law firm now for a private, free discussion of your case.