Cruise Ship Accidents & Crimes Prompts Safety Legislation, But Does It Go Far Enough?

The numerous cruise ship accidents and serious crimes which have been reported over the past few years have prompted Congress to create legislation that will improve safety and reporting measures in the cruise ship industry. The legislation, known as The Cruise Vessel Security & Safety Act of 2009, is good news to some, but others say that it simply doesn't go far enough.

The Cruise Vessel Security and Safety Act of 2009: An overview

The Act (H.R. 1485 and S. 588) is designed to improve ship safety, transparency in reporting, crime scene response, training matters and enforce safety and environmental standards. Here's a quick overview of the proposed improvements and what each entails:

• Ship safety. The Act would require ships' guard rails to be 54 inches in height; passenger and crew cabin doors to have peep holes, security latches and improved key technology and procedures would be required for which crew members have access to staterooms. Ship owners would also be required to implement fire safety codes and technology that would alert others when a passenger falls overboard.
• Transparency in reporting. The Act would require ships to maintain a log book of all deaths, missing persons, alleged crimes and complaints regarding theft, sexual harassment and assault based on the current agreement between the cruise ship industry, the FBI and the Coast Guard.
• Crime Scene Response. The Act would require ships to maintain supplies of anti-retroviral medications (used to treat infections), medications to prevent STDs (sexually transmitted diseases) after an assault and equipment to perform a medical examination when a rape occurs ý which would be conducted by a licensed U.S. medical practitioner.
• Training Procedures. The Act would establish a program to train crew members in crime scene investigations.
• Environmental. The Act would authorize the Coast Guard to 1) monitor the discharge of waste, 2) verify logbook entries related to waste treatment and disposal and 3) act as public safety officers by securing and collecting evidence of alleged crimes.

Why are improvements needed?

Maritime accident lawyers say that the improvements are desperately needed due to the increasing number of rapes, disappearances, assaults, thefts and complaints of sexual harassment which have been reported over the past several years. Many of the largest cruise ship companies such as Royal Caribbean, Princess Cruise Lines and Norwegian Cruise Lines currently don't have procedures in place to deal with these issues and are not required to report them to U.S. Authorities. While many think that the legislation is a move in the right direction, others say it simply doesn't go far enough.

Does the legislation go far enough?

Many say it does not. The Death on the High Seas Act (DOHSA) only allows for economic damages when someone dies on a vessel which is more than three nautical miles from land. Pain and suffering, loss of consortium and other non-economic damages are not allowed. Although legislators had initially sought to change that, the provision was later dropped ý which cruise ship lawyers say unfairly deprives injured plaintiffs of full damages.

Luckily, passengers injured on cruise ships can be compensated for both economic and non-economic damages such as medical expenses, lost wages, pain and suffering, loss of enjoyment of life and others.

Legislators say that full passage of the bill is expected soon.