Royal Caribbean and Carnival Cruises have reported 70% of all sexual assaults. While this headline sure is terrifying, it should not shock you to know that these two are the largest players in the cruise industry across the globe. They, therefore, run the most cruises.
To determine if Royal Caribbean and Carnival are especially dangerous, we would have to determine how much of the overall industry they operate in terms of days. If they operate 70% of the day-shares of the cruise industry, then they are contributing no more and no less to the overall threat of sexual assault aboard cruise lines.
Defending cruise lines from tourist trap issues is not difficult. When it comes to sexual assault, there are cases when the cruise line is more responsible than others. Often, it is a company employee that commits the sexual assault. The cruise line would be vicariously liable for that. In cases where victims are not attended to properly, the cruise line can be held liable.
Changes made in 2010
Reports of sexual assaults aboard cruise ships are not new. With a cruise ship, however, you have one environment owned by one company. When you go to the Bahamas, you’re dealing with multiple companies, multiple environments, and multiple everything. With a cruise line, it’s all one thing. So, the chances of a cruise line being sued for sexual assault are much greater than a restaurant or hotel. Suffice it to say, however, hotels get sued a lot for sexual assault. These assaults are often committed by those without strong ties to the community they are involved in.
In 2010, Congress passed a law requiring cruise lines to report all instances of sexual assault that occur aboard their vessels. Prior, cruise ships often buried this information and made it more difficult for victims to report their stories.
Are cruise lines responsible for every sexual assault?
No. But the ones you hear about in the paper are all examples of strong cases against the cruise line. At present, the cruise line is on high alert that sexual assault remains a problem aboard their vessels. Since Congress has addressed the matter, it is assumed that the cruise lines have foreknowledge of the issue. Foreknowledge implies negligence.
In cases where a cruise line employee commits the assault, the cruise line is 100% liable in every case, provided you can prove the assault. In the case that a passenger commits the assault, a determination is made as to when the cruise line could have intervened, if the passenger showed distress, and how old the passenger was at the time of the assault.
It’s much more likely that a passenger’s claim will win when the assaulter was a stranger to the victim before the cruise occurred. In these cases, there may have been ample cause to intervene prior to the assault. In other cases, it can be very difficult to impute liability onto the cruise line.
Talk to a Miami Cruise Ship Assault Attorney Today
Miami admiralty & maritime lawyer Michael. F. Guilford represents the rights of those who have been injured or sexually assaulted aboard a cruise ship. Call today to schedule a free consultation and learn more about how we can help.