“Man overboard” is the term given when someone on board a vessel falls or throws themselves overboard the ship. Sometimes a death that occurs onboard a cruise ship can be difficult to determine, but many people do lose their lives from falling overboard every year.
Cruise line companies reassure everyone that the height of the railings make it impossible for someone to accidentally fall from the ship, they would have to deliberately throw themselves in order to fall overboard. This may not prove so true for everyone as the Florida Coast Guard explained how people may fail to realize that passengers falling or jumping overboard occur more often than a person may think. FCG approximates four to five people that die from going over overboard off the coast of Florida every year.
When this information is understood, it raises an alarm and concern for the passengers. With these alarming numbers, as a potential passenger that goes on a cruise ship, I believe that you merit some information that will be provided to you by our Miami cruise ship accident maritime attorneys from Percy Martinez Law Firm.
The more you know about a certain subject, the better information you will have to prevent yourself and loved ones from suffering an accident while on a cruise, especially a man overboard incident.
Reasons Behind Why Man Overboard Accidents Occur
Due to the size of a cruise ship, falling overboard can be fatal because it could be at times a 100ft drop. Understanding how and why these types of incidents occur on cruise ships is one way to ensure the safety of loved ones, and your own safety. The Florida Coast Guard have found that man overboard incidents occur due to some of the following reasons:
⦁ Suicidal incidents: You may be surprised to hear that some people actually go on cruise ships as a way to kill themselves. They try to find peace there and many will jump overboard intentionally as a means to end their life.
⦁ Lack of barriers around the vessel: The average barrier that cruise ships have is 45 inches, some may have more, but is it sufficient? That is determined by the height of a person. Someone who is taller would be less protected with a 45 inches’ barrier, especially if they are well above 6 ft. tall. The shorter person could be safer because the height proportion is not that much different to the barrier’s height. Sometimes they could be too short, other times they might lack barriers in certain areas where they should have.
⦁ Intoxication: Alcohol is accessible le in almost every part of the cruise ship. Many passengers come on cruise ships to forget the stress, bills, and other problems they may have in their lives. You may drink while you are on your cruise, but remember, you are surrounded by thousands of people you do not know, and not to mention on a moving ship. Drinking too much may be dangerous if you go on a cruise ship because you might fall overboard. You can have fun without going overboard on your alcohol consumption.
⦁ Intentional torts: Believe it or not, there are bad people that will do unspeakable things. Many people that go on cruise ships are not good people. They might see you or your loved one as a target. You might get in a fight with someone and they push you overboard, or any other intentional action could occur… Be aware and vigilant when you go on a cruise ship.
⦁ Negligence: Negligence is the key element to mostly all personal injury cases. In other words, peoples actions or inactions are leading to accidents which cause another person an injury or wrongful death. Many injuries on cruise ship accidents can be attributed to the act of negligence. In order to prove any personal injury claim, you must prove that negligence was present and that that negligence is what led to your accident.
⦁ Bad weather: Due to the fact that you are in the middle of the ocean, bad weather is always possible. There might be storms which causes the boat to sudden move which can cause someone to fall overboard. Cruise ship captains are supposed to be aware of the weather prior to setting sail. If they fail to pay attention to the weather and someone falls overboard, the cruise ship can be held liable for that accident.
⦁ Waves: The obvious threat to any boat are waves. Waves are unpredictable; you never know when they are going to happen. Just imagine walking alongside the barriers and a 10-foot wave suddenly strikes the cruise ship? Many individuals can fall overboard and with hard waters, it would be difficult to recover anyone who does.
⦁ More
Getting to the bottom of why overboard accidents occur on a cruise ship can be difficult because there are many reasons why they can happen and why it could result in your damages or that of a loved one. A competent Percy Martinez Law Firm cruise ship accident attorney can help decipher all the facts of an overboard accident regardless of how it happened because they have experience in handling cases like these on a day to day basis. You could avoid becoming a victim of an overboard accident by knowing how they tend to happen.
What Are Some Maneuvers that the Cruise Can Do?
If a man overboard incident does occur on a cruise ship, captains of the cruise ship need to be prepared to handle these dangerous situations. There are numerous actions that they could take to manage such situations. According to Wikipedia, some of those actions include:
⦁ “Crash or quick stop maneuver: The most direct action is to stop the boat immediately, very near to the casualty. This can be done by immediately ⦁ tacking the bow of the boat through the wind without handling the jib sheets, so that the boat is effectively ⦁ hove to. In some circumstances, this may be enough, and the casualty can be recovered as the boat drifts back down onto them. In many cases, however, the maneuver will have left the boat too far away for that. In this case, the mainsail is sheeted in hard and the turn continued until the boat circles, the wind is ⦁ jibed across the stern and the boat is sailed downwind, past the casualty again and finally brought to rest by turning upwind again. It is recommended not to adjust the sails for efficient downwind sailing, so that too much speed is not built up when approaching the casualty.⦁ [4]⦁ [5]
The main advantages of this method are its simplicity (making it ideal for short-handed crews), and the fact that the boat does not need to be maneuvered far away of the casualty (which reduces the likelihood that the crew may lose visual contact).
⦁ Reach-turn-reach maneuver: The more traditional maneuver is more time consuming and requires more sailing skill, but is more flexible and less likely to fail as it gives the helmsman more time to make adjustments and corrections to the course and the approach. It is more suitable for the open sea and rougher, windier conditions.
Immediately after the accident, the boat is put onto a beam reach away from the casualty, with a crewmember maintaining constant visual contact. Once there is room to maneuver, the boat is either tacked or jibed back towards the casualty. It is important that the casualty is approached on a close reach, so that wind can be spilled from the sails in order to slow down and stop on station. Helmsmen are advised to test this during the approach by spilling wind on the way, and losing ground to leeward to correct the course if necessary, to ensure that this is possible. If the casualty is too windward of a close reach during the approach, it may be necessary to gain ground to windward close hauled to ensure that the boat does not stall head-to-wind downwind of the casualty at the end.
In the end, the boat is luffed to windward close to the casualty, with a view to recovering them amidships. This may be upwind of them and close in light winds, so that it drifts down to them for recovery; upwind and a few meters away for a throwing line in moderate winds; or downwind within throwing distance if they are conscious in a heavy blow to prevent dropping heavily upon them.[4]
⦁ Deep mean recovery maneuver: An alternative maneuver, somewhere between the two above in terms of complexity and flexibility, is to put the boat onto a deep beam reach immediately after the accident, and sail a few boat lengths away downwind and to one side. At this point, the boat is rounded up and tacked so that, as in the reach-turn-reach, the casualty is approached on a close reach maintaining the ability to steer, slow down and stop as required by the conditions.⦁ [5]”
We would hope that if someone were to fall overboard, that the cruise ship would take action to save the life of that individual. If you or a loved one fell overboard a cruise ship as a result of someone’s negligence, please get in touch with professional lawyers from Miami Percy Martinez Law Firm that can assist you with your claim for compensation.
How Can You Protect Yourself and Your Loved One?
Anything can occur on a cruise ship, not just a man overboard accident. Anything from a slip and fall, a defective equipment accident, even medical malpractice can happen while you are vacationing on a cruise ship. For this reason, we want to offer you some protective measures that you could adopt to help shield your loved ones and yourself from suffering any personal injury while aboard a cruise ship:
⦁ Once a person has boarded the cruise ship. The crew members will provide the passengers with instructions on what to do in case there is an emergency on the cruise ship. The passengers need to make sure to abide by these safety guidelines because that can make the difference between life and death. You as a passenger should know exactly where you must go once an emergency has presented itself. Typically, a safety drill is conducted by the cruise ship to ensure that every passenger knows what to do and where to go if an emergency were to take place. Pay attention once this occurs.
⦁ Knowing how the ship is structured is very important. Learning where each room is located and where the crew members will be is vital for you and your loved one in the event that you find yourselves in trouble. By learning the layout of the ship, you and your loved one will have an easier chance to get out of harm’s way.
⦁ When a person is on vacation, all they want to do is have fun. They want to forget about their problems, bills, work, and everything that doesn’t make them happy. A person can be tempted to consume a little too much alcohol while on a cruise, which most people do. A cruise’s access to alcohol is like the wind; it is everywhere, and you have easy access to it. A person should know their limits before they consume too much. A passenger could slip and fall and even fall overboard from their unsteady balance, adding on the fact that the ship is practically a floating hotel.
⦁ Cruise ships are able to go to many different destinations. Excursions are usually signed up for by the majority of passengers. A passenger will wonder off in another country to visit historical and marvelous locations. With the beauty that that brings, a passenger should research their destination before going. They should check the crime rates and whether any incidents have happened before on excursions. Many unknown countries prey on these tourists to rob them of any possessions they may have. A passenger can reduce their chances of becoming a victim by learning which destinations are safe and which are not.
⦁ Stay near those you love. Many people prey on individuals who are by themselves. Once they see that you are in a group, that tends to deter them away from committing any intentional act against you. The larger the numbers, the less likely you are to become a victim.
⦁ Learn how to swim before going on a cruise. You never know what could happen and you might need to use your swimming skills in order to survive or save someone you love.
These suggestions are just some of the many that you could practice in order to stay safe during your cruise. It is always wise to consider every possible scenario and be prepared ahead of time. You do not want to be in the midst of an emergency and not know what to do; this could mean the difference between a life and death situation. The worst thing you could do is panic. Take deep breaths and think things through before you are going to act in an emergency situation.
Incidents of Man Overboard
These are some incidents where man overboard took place:
⦁ A cruise ship from Carnival Spirit that was headed to Nourmea, New Caledonia reported that a 25-year old man went overboard at around 1 AM. This incident took place March 29th, 2019, fairly recent. Since 2000, there have been 337 people who have gone overboard.
⦁ A cruise ship from Carnival Victory experienced a man overboard incident by a 26-year old man. The ship was headed back to Miami, FL from the western Caribbean cruise. The Coast Guard went searching for him at around 9:35 am on Friday in December 2018.
⦁ A Royal Caribbean crew member went overboard January 2019 and was not found from the Majesty of Seas vessel. They searched 24 hours for him but could not locate him. He worked in the bar department of the cruise ship.
As you can see, man overboard incidents happen more frequently than you would imagine and continue to occur as time goes by. What will cruise line companies do ab out these incidents? Are they even doing anything to ensure the safety of their passengers? While individuals continue to suffer accidents aboard cruise ships, our expert attorneys for maritime personal injury continue to fight for your rights. We will stand by you no matter happens. We are your helping hand.
The Complexities of Cruise Ship Accident Claims
Why are cruise ship claims so difficult to process? This is a question that many victims of cruise ship accidents ask themselves. The reason why cruise ship claims are so complex is because they revolve around many maritime laws, jurisdictions, and a multitude of parties who might be liable for the injuries. A skilled maritime personal injury lawyer needs to be hired in the event that an accident occurs on a cruise ship because it would be nearly impossible for a person who does not comprehend maritime laws to try to file a claim on their own. In addition, the accident might have taken place in another jurisdiction, which makes the claim much more difficult.
Name of Cruise Lines
You have a wide selection of possible cruise lines that you could go on. In any of these cruise lines, an accident can take place. These are some names of cruise lines that a man overboard can take place on:
⦁ Norwegian Star
⦁ Carnival Victory
⦁ MS Symphony of the Sea
⦁ Norwegian Escape
⦁ Majesty of the Sea
⦁ Carnival Fantasy
⦁ Anthem of the Seas
⦁ Enchantment of the Seas
⦁ Allure of the Seas
⦁ Carnival Vista
⦁ Oasis of the Seas
⦁ Norwegian Epic
⦁ Celebrity Equinox
⦁ Navigator of the Seas
⦁ Mariner of the Seas
⦁ Independence of the Seas
⦁ Adventurer of the Seas
⦁ Explorer of the Seas
⦁ Norwegian Breakaway
⦁ Carnival Dream
⦁ Serenade of the Seas
⦁ Radiance of the Seas
⦁ Jewel of the Seas
⦁ Norwegian Jade
⦁ Carnival Sensation
⦁ Celebrity Solstice
⦁ MSC Fantasia
⦁ MSC Splendida
⦁ Norwegian Sky
⦁ Carnival Imagination
What Compensations Can I Receive from a Man Overboard Accident?
We understand that any type of personal injury accident, even a man overboard scenario can leave a long-lasting impact on your life, and that of your loved ones. Depending on the severity of the damages you sustained, the compensations you can receive will vary from case to case. In the event of a wrongful death or an injury, these are some possible damages that you could recover with the assistance of skilled Miami cruise ship accident attorneys from Percy Martinez Law Firm:
⦁ Pain and suffering
⦁ Medical bills both present and future
⦁ Loss time from work
⦁ Loss of potential earnings in the case where you sustain a debilitating injury
⦁ Loss of services
⦁ Loss of consortium
⦁ Punitive damages (if negligence is severe)
⦁ Burial and funeral costs
⦁ Psychological visits;
⦁ More
The damages you could attain can be determined by your personal injury maritime attorney in Miami. Consult your case with someone that can guide you the right way with your maritime personal injury lawsuit. You deserve to be compensated for the damages that were caused to you or your loved one due to the negligence of the cruise line.
Here to Be Your Helping Hand
The sad part of a man overboard situation is that many of them do not end well. Many of the incidents typically end with the person not being found or them being found dead because they drowned. Due to the severity of the results that can come from a man overboard accident, you need the best maritime cruise ship accident attorney from the Miami law firm of Percy Martinez. We can provide you with the best legal representation and advice there is to offer. Not only are we personal injury lawyers, but we also exercise maritime laws and fight for passengers who have been injured during their time on the cruise ship. If you are in need of a personal injury lawyer for your cruise ship accident claim, please get in touch with us today.
References:
https://en.wikipedia.org/wiki/Man_overboard
https://www.cruiselawnews.com/2019/03/articles/disappearances/passenger-reported-overboard-from-carnival-spirit/
https://www.miamiherald.com/news/business/tourism-cruises/article223100210.html
https://www.google.com/search?q=man+overboard+cruise+ship&stick=H4sIAAAAAAAAAOOQMRLJS8xNVchPU0guKs0sTlXIycxLLY6SzE3MU8gvSy1Kyk8sSoHJFWdkFpxi5NTP1TewKM8tS4eyk81NjHJOMfLqp-sbGiabJWekxZcA-VwguUqzFENjY6hC42Ljwhy4poycrFOM3CC2oVF5RkVBCVQmqSgtORuq3cTMKDcrD8qpSsmrysj5xYjVyYtYcbsZAK0mGgHnAAAA&sa=X&ved=2ahUKEwjjs6PLna_hAhUrzlkKHTulBaEQzTooADAUegQICxAC&biw=1920&bih=966
https://www.alllaw.com/articles/nolo/personal-injury/types-of-compensation.html
https://crew-center.com/overboard
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