MIAMI--(BUSINESS WIRE)--Miami-based maritime lawyer Michael A. Winkleman, of the firm Lipcon, Margulies, Alsina & Winkleman, P.A. was featured on ABC's "20/20" on Friday, in an episode titled "(Im)Perfect Getaways." The episode addressed the increasing number of overboard accidents that have befallen the cruise industry as of late, as well as featured an interview with both Mr. Winkleman and his client, Sarah Kirby, who survived an overboard accident in 2012.
Lipcon, Margulies, Alsina & Winkleman, P.A. issues the following statement about cruise industry safety:
Ms. Kirby’s tale is a terrifying one, but it could have ended much worse. Kirby embarked on a Carnival Cruise vacation with her fiancé and best friend to celebrate her 30th birthday. On the night of the accident, Kirby told “20/20” interviewers how everyone on the cruise ship was “drinking to excess.” She recalls being encouraged by a Carnival bartender to keep drinking Long Island Iced Teas (arguably the strongest drink on the ship) because she would get casino coupons if she did. So after consuming at least five of these alcoholic beverages, Kirby returned to her stateroom and shortly thereafter fell over her balcony’s railing.
Kirby plunged two stories and struck a lifeboat, leaving her with severe injuries. She then tumbled another five stories into the pitch-black waters below. With several broken bones and a torn artery, Kirby watched as the giant cruise ship kept sailing off into the distance while trying her best to stay alive in the shark-infested waters.
“Words can’t even describe the feeling I felt that moment,” said Kirby during the interview.
Yet as unbelievable as her accident was, what’s even more shocking is the fact that Carnival failed to immediately stop the vessel to look for Kirby, despite the fact that an independent witness actually saw her go overboard went straight to crew members to report the incident.
Attorney Winkleman explained how crew members wasted roughly 20 minutes needlessly “investigating” the incident to see whether she really fell over before informing the captain of the accident and reviewing the video footage which definitively shows a body tumbling over the side of the ship. By the time the surveillance tapes were finally watched and the rescue operation begun, it was a more than an hour and a half before Kirby was finally miraculously rescued.
Miraculously, Kirby lived to tell her frightening tale, but unfortunately, she is one of very few cruise passengers who have gone overboard and survived.
Attorney Winkleman discussed how Kirby’s accident was the result of Carnival bartenders overserving their guests. At the same time, he noted how Carnival wasted precious time in investigating the incident instead of immediately viewing the video and turning the ship around immediately. It is a wonder Kirby survived, but others are not as lucky.
Attorney Winkleman also explained how most overboard accidents are entirely preventable, and if they do happen to occur, there are advanced infrared systems cruise lines can employ that would detect the instant a passenger or crew member falls from the ship.
So far, only Disney Cruises has this technology in place, but Carnival, which holds the record for the highest rate of overboard accidents, says it has yet to find a system that “meets its standards.”
But what exactly are those standards?
Kirby’s accident is one of several overboard accidents that occur each year across several major cruise lines. According to statistics from CruiseJunkie.com, an online resource for information on the cruise industry, over 220 cruise ship overboard accidents have occurred since 1995. Six overboard accidents have already occurred in just the first three weeks of the year.
Lipcon’s maritime attorneys have discussed these incidents in detail, and note the fact that along with the failure of cruise lines to feature overboard passenger detection technology, many of the fatalities that result from overboard accidents are a direct result of a cruise line’s failure to conduct proper search and rescue missions.
Maritime law is clear that in any overboard situation, the cruise line is required to act with reasonable care in conducting a search and rescue operation.
Furthermore, under the Cruise Vessel Safety and Security Act of 2010 (CVSSA), cruise ships are required “to 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 available.” And as it so happens, the technology is available.
In Kirby’s situation, the crew was already informed she went overboard, yet didn’t immediately stop the ship and turn it around. Kirby could have easily died of her injuries, hypothermia, been lost at sea, or even died from a shark attack because of the unreasonable amount of time it took the ship’s crew to rescue her.
These are crucial mistakes that are committed on a continual basis by several different cruise lines. Though many ships already have video surveillance systems in place that could help crews note a missing passenger the moment the accident occurs, Lipcon’s attorneys explain no one ever seems to be reviewing footage.
Of the six overboard accidents that have occurred in recent weeks, many were not properly documented. According to Lipcon’s attorneys, one overboard victim, an 88-year-old woman who fell from the Holland America cruise ship Veendam, was not caught on camera falling overboard, despite the hundreds of cameras that are placed in various locations across the ship. It begs the question, why do cruise lines have surveillance cameras if 1) they don’t capture all incidents at all times and 2) there never seems to be someone reviewing the tapes.
Back in May of 2013, FoxNews.com reported on an Australian couple who fell from the Carnival Spirit without any crew members being aware of the situation until several hours had gone by. The Sprit has around 600 cameras in place, yet no one was reviewing the cameras to see the couple fall overboard. According to Ann Sherry, chief executive of Carnival Australia and Carnival Corp.’s representative in the South Pacific region, the video surveillance staff was too busy watching the public areas of the ship to see the couple go overboard. This, Lipcon’s cruise ship accident attorneys explain, is unacceptable.
There should be a sufficient number of crew members reviewing footage at all times in order to capture an incident when it occurs as well as infrared detection technology. Yet, neither of these safety measures are being employed. We have yet to see what the cruise ship industry will do to correct these vital mistakes and comply with the CVSSA before another overboard accident claims a cruise passenger or crew member’s life.
About Lipcon, Margulies, Alsina & Winkleman, P.A.
Lipcon, Margulies, Alsina & Winkleman, P.A. is an award-winning Miami, FL law firm that focuses on maritime and admiralty personal injury claims against cruise lines and other boat owners. Lipcon's maritime lawyers represent passengers and crew injured on ships worldwide. Representation may be available for passengers and crew injured in accidents, assaults or by reason of illnesses on cruise ships, tankers, motorboats, and personal watercraft as well as many other types of vessels.
The Lipcon firm's attorneys consistently receive the "AV" Preeminent rating of 5.0 out of 5.0 from their peers for their high ethical standards and professional ability. Several of the firm's attorneys have also received the "SuperLawyers" Award, recognizing their high degree of professional achievement in maritime law