Cruise Ship Accidents and Tourism Law - Assignment Example

Hospitality and tourism law al affiliation Hospitality and tourism law Cruise ship accidents and Tourism Law Introduction Tourism is gradually becoming an economic pillar for most economies due to its rapid growth across the world. Both local and international tourism have been popularized by the need of people to go out and visit places with beautiful sceneries and attraction sites. One ought to note that the growth of tourism across the globe has also come with its challenges. Since this industry is an image industry in which any slight mistakes can lead to the defamation of a tourism package, the hospitality and tourism is therefore very delicate to handle. Therefore, the industry players here ought to be vigilant in order to avoid mistakes that could render their tour packages useless. Cruise ships have become a major form of transport in Italy especially for the tourism sector, which is becoming a big industry in that country. With a capacity of thousands, dangers of problems in the sea such as capsizing of the cruise ships have to be anticipated as lots of lives are always at risk. Companies developing such ships have to put into place rescue mechanisms that can help in case of an eventuality. The value of human life has to be preserved above economic gains. This assignment provides a comprehensive discussion of cruise ship accidents while providing specific reference from a cruise ship accident involving Costa Concordia in Italy in which the captain of the ship was found guilty of manslaughter. The ship capsized in 2012 and a total of 32 lives were lost. The paper also provides specific reference to tourism law and other cases related to cruise ship accidents that occurred before then Costa Concordia accident. The link provided for the purposes of this assignment was resourceful in illuminating the law of tort and the liabilities that come with cruise ship captains. The case of Francesco Schettino versus the victims of the cruise ship accident gave an important highlight on the manner in which cruise ship attendants and most especially the captain ought to conduct themselves during a crisis that would lead to the sinking of the ship. In the case of Francesco Schettino, he was prosecuted for having fled the ship leaving behind the entire ship crew and the passengers aboard the ship. The case teaches that all cruise ship captains ought to remain aboard their ships until all the crew members and passengers have left the boat or ship. In the event that he or she escapes the scenario before the rest of the crew members or passengers then he is considered negligent and is therefore liable for any damages, injuries or loss of life following his escape. Other similar cases that have been examined in this study are the case of Carnival Triumph in which the engine of the ship caught fire and all its systems went down and the case of Brilliance of the Seas in which the ship was hit by a large storm leaving one passenger dead. From these cases, I have learned the various instances where defendants can be held liable for negligence and be prosecuted for it. Like in the case of Francesco, he was negligent and failed to execute his duties like it was required of him and it is for this reason that he served a jail term. This was inconsiderate of his claim that he was being sacrificed instead of his employers. Body The reference provided for the purpose of this assignment contained details of a case in which a cruise ship captain, Francesco Schettino, was held liable for an accident that occurred in 2012 and was sentenced to a sixteen-year jail term. The cruise ship, Costa Concordia, capsized off the Italian coast leading to 32 deaths and a number of other casualties (CBC, 2012). Despite the difficulty in proving that the captain’s actions were the one that led to the fatal accident, it is important to note that the captain was charged for having abandoned the ship while his crew members and passengers were still aboard the ship. This was reckless and negligent. It is for this reason that he served his jail term (CBC, 2015). Francesco’s jail term was broken down into ten years as a result of the 32 lives of passengers and crew members that were lost, 5 years for being the reason for the accident because he steered the ship dangerously close to Giglio Island thereby smashing it onto a rock, 1 year for leaving the wreckage with passengers and crew members still aboard and 1 month for providing misleading information to the maritime authorities concerning the seriousness of the collision which held up the arrival of assistance. Prosecutors had sought for ten more years of jail term to the defendant but this was denied by the three-judge panel. This was not received warmly though by some survivors of the accident and the public (CBC, 2012). From the provided references, it is clear that cruise ship companies still need to do a lot more on the safety of the passengers on board as accidents are unpredictable. In hospitality and tourism, the safety of guests and tourist is given first priority in all the aspects. When it comes to cruise ships, which are increasingly becoming tourist attractions, safety ought to be hyped significantly (CBC, 2012). This is due to the danger that comes with cruising in the seas with most passengers being unable to swim. Sea accidents are fatal and hence cruise ship captains and other crew members of the ship have to be very vigilant to ensure that the safety of their passengers is guaranteed. Captains and other crew members must also know that they have the responsibility of helping passengers to safety when such an occurrence comes. Behaving in a manner like Mr. Schettino did is very unprofessional and should be condemned to the highest level, and sacrifices as that of Mr. Rebello (Tulane Law School, 1987). It is interesting that injuries caused on the sea escapes the common principle of “strict liability” in Tort, and assumes a completely different principle in maritime or admiralty law. Here, the claimants have to prove negligence on the part of the defendant so as to claim damages. This implies that the defendant has to be found absolutely guilty of negligence in order for the victims of a cruise ship accident to be compensated in accordance with the law of tort. In short, the defendant has to be found guilty of failing to execute his or her mandates as required in order for the plaintiffs to be compensated accordingly. This scenario is well expounded in Lynn Baker v. Carnival Corp. where the judge stated, “There must be some failure to exercise due care before liability may be imposed…The question becomes whether the defendant created an unsafe or foreseeable hazardous condition.” According to this judgment, complainants have to prove that the defendant was unable to exercise due care or was negligent in conducting his duties and hence his or her negligence resulted to the loss of life or injury on the passengers of the cruise ship (Tulane Law School, 1987). In the year 2012, Carnival Triumph had an engine room fire that left passengers and crew stuck in the Gulf of Mexico. This was an accident of technical nature though it was yet to be proven that it came as a result of negligence on the part of personnel charged with the duty of taking cares of or noticing any defects in the engine. The result of the fire was that the engine could not be propelled and passengers were left with no air conditioning, and the toilets overflowed (CBC, 2015). It is important to note that most operation of a cruise ship are powered by the ship’s engine and hence the failure of the engine would result to the failure of a number of other systems within the ship including air conditioning, plumber systems and sometimes electricity systems. The situation was horrible and passengers had to wait to be towed back to the shore (Dickerson, 1981). Despite the fact that not fatal injuries were incurred by the passengers of this ship, it is worth noting that this was a violation of the safety laws of such passengers and hence would take the cruise ship captain to court. Two years later, cases are already being filed. Another notable case was that of the Brilliance of the Seas, where a passenger died aboard after the ship was hit by an 80 mph storm. Lawsuits are already being filed on the December 14, 2010 incident. The captain of the cruise ship Costa Concordia, Francesco Schettino was on February 2015 convicted to 16 years in jail after what was seen on his part as negligence. The accident was seen to be caused by the negligence on the part of the pilot. Despite the fact that there were tangible evidence to back this claim, the defendant argued that the evidence tabled in the court did not directly show that he was negligent in executing his pilot duties. The prosecution and the passengers who survived were however not satisfied with the sentence (CBC, 2015). This is because the prosecution had asked for a 26-year jail term for Mr. Schettino. The survivors tried to break down the sentence given to the captain relative to the number of those who died and claim that six months for each of the lives lost does not amount to justice. They claimed that it would serve the interest of all in the event that the captain served one year each for the lives that were lost during that fatal accident (CBC, 2012). The accident, which occurred in January 2012 off the coast of Italy on the Mediterranean Sea, occurred just few hours after it had been set assail. It left 32 of the more than 4000 passengers on board dead. It is said that the captain steered too close to Giglio Island and smashed the luxurious ship on a coral rock thereby disabling the functioning of the ship. Water gushed into the ship and it began sinking (CBC, 2012). The engine stopped and it could not move anymore. It is difficult to ascertain whether the captain of the ship intentionally or negligently steered to the ship towards the rock or whether it was an accident. However, it is worth noting that while off shore, decisions regarding the steering of a ship rest upon the ship’s captain thereby giving him or her full responsibility in case something wrong happens in the process. It is noteworthy that it does not matter whether the captain had prior knowledge of the consequences of his actions or not. He automatically becomes liable for the damages or injuries caused as a result of his reckless and negligent decisions (Tulane Law School, 1987). What was more terrifying was the fact that Mr. Schettino was spotted safe on dry land. He had abandoned the ship while passengers were still in it and did not issue any advice to them to abandon the ship. It is important to note that it is the duty of the captain of a ship to guide both the staff and passengers on the significant safety measures to take in the event of such an accident. His case exhibited a different scenario (CBC, 2015). As the ship continued to sink, passengers were seen clinging to the outer edges of the ship to stay safe from drowning. The captain of the ship had however evacuated the ship and was safe ashore. When he should have been the last to leave the ship after everyone had abandoned the ship, he was the first. That was a clear act of negligence and irresponsibility, unlike Russel Rebello, a waiter at the ship, who died while trying to lower the remaining few lifeboats. The actions of this waiter who was aboard the ill-fated ship were considered courageous and patriotic. It is therefore required by law that, in the event of such an incident, the crew members together with their captain ought to assist all the passengers to safety before they consider their own safety. As a matter of fact, the captain of the ship is required to be the last to evacuate a sinking ship after ensuring that everyone else is safely in lifeboats (that is when he manages to get to that juncture without drowning and succumbing to the overwhelming water). If this does not happen and the captain abandon the ship while passengers and crew members are still aboard, he is held liable for the damages, injuries and death caused (Dickerson, 1981). Even though most people were not satisfied with the sentence given to him, the captain claimed that he was just being used as a “scapegoat” for major economic crises at his place of work. He claimed that his employers did not want to take responsibility of the accidents and hence he was sacrificed in order for his employers to continue with business (CBC, 2012). In addition, he claimed that his sentence was meant to expunge the names of his employers from the lit of shame and as a result their company would not be branded as inefficient and unsafe to do business with(Symposium on American and International Maritime Law, Tulane Law School, & Tulane Law Review Association, 1983). This can however not be verified as it is indicated that he sailed right into the coral rock knowingly. His defense argued that he had issued a warning to the passengers to abandon the ship but this message could not be relayed because the systems of communication in the ship had gone down with the going down of the engine. Many lawsuits have followed as many survivors are asking for damages (Tulane Law School, 1987). Another sea accident that can be considered for the purposes of this assignment is that of the Carnival Triumph. A fire went up in the engine room, causing the ship to drift off the Gulf of Mexico for five days. As a result of the failure of the engine, a number of technical complications were noted in the ship. As already noted before, most systems of a ship are powered by the ship’s engine and in the event that the engine fails, it is obvious that the systems will fail as well. The drainage system in the ship and the sanitation levels became wanting. The air conditioning stopped working and the passengers had to endure extreme heat and cold at different times of the day (Dickerson, 1981). Some passengers who were aboard this ship have since filed lawsuits against the Carnival Liner. They have gone to court to claim compensation from the company for the five-day misery they went through as a result of the incident. They need compensation for the wanting environmental conditions and mental trauma they underwent as a result of the accident. Most of these plaintiffs have since claimed that the company breached maritime contract and are also suing for negligence and fraud (Tulane Law School, 1987). On the contrary, experts argue that the successes of these suits would be minimal as proving negligence may be an uphill task. Just as it has been noted before, it is practically difficult to prove a case of negligence especially in such a case where there was not professional on site to assess the level of negligence and who was to be blame for the negligence (Dickerson, 1981). Yet another case involved the Brilliance of the Seas on the December 14th, 2010. A passenger died aboard this ship after a storm with a speed of 80 mph hit the ship and the 57-year old passenger fell about her cabin, and later was confirmed dead after suffering brain hemorrhage. The husband to the deceased described how the wife was tossed about and finally lost consciousness after three days. She was never to wake up again. He recently took the painful step of removing his wife from life support (Tulane Law School, 1987). In this case, it is difficult to prove that the accident was as a result of negligence on the part of the captain or crew members because it came as a result of a natural phenomenon. On the contrary, the plaintiff claimed that it was upon the captain of the ship and other relevant crew members to monitor the weather conditions and be able to tell whether there would be extreme storm and avoid it for the safety of passengers. For this reason, the captain neglected to take heed of the adverse weather conditions that he could tell from afar and hence the accident was as a result of his negligence. However much it is difficult to avoid natural phenomena like adverse weather conditions in the sea, it is important to note that it is the duty of any pilot to investigate and forecast the weather before setting out for a trip in the deep seas. For this reason, any form of accident that can be proven to have been caused by a weather condition that the captain of the ship was aware of then the captain becomes liable for the damages or inconveniences caused (Tulane Law School, 1987). Summary The topic of this research was tourism law which is, on most occasions, marred with controversies because of the lack of clear laws governing most tourism operations. Especially when it comes to the safety of tourists in their tourist destinations, it is sometimes difficult to ascertain the causes of some accidents that befall them and indisputably find someone or an entity liable for it. The cases presented above, including the Francesco’s case in the reference provided, had no clear liable personalities or entities and had to be ruled according to the judgment of previous cases; hence the direct reference to the law of tort (Tulane Law School, 1987). These materials relate to the course materials in the sense that they provide solutions to ambiguous cases related to tourism law which is the core of the course. Therefore, the rulings of these cases provide critical insight on the manner in which persons and entities can be held liable for accidents in the tourism industry (Dickerson, 1981). In conclusion, it is very clear that accidents associated with cruise ships have to be anticipated as they can occur at any time. It is therefore imperative for captains of such ships to employ all the necessary precautionary measures in order to avert such misfortunes. Consequently, lawsuits will always be brought against the ship companies in the event of such accidents. Therefore, proper care must be taken by the ship owners to provide appropriate safety measures. These can be improved by looking at the faults that were noted after these accidents. This is an implication that ship companies and owners ought to be well acquainted with the details surrounding previous ship accidents and law suits that followed in order to get prepared for the accidents that might happen on their own ships because they are inevitable on most occasions. This is important in preventing much litigation and related court cases in the future. Proper legal mechanisms should also be laid to help litigants as they pursue justice (Dickerson, 1981). References CBC. (Dec, 2012). Costa Concordia: The Captain’s Tale. CBCnews. Retrieved on 16th May, 2015 from http://www.cbc.ca/fifth/episodes/2012-2013/costa-concordia-the-captains-tale CBC. (Feb, 2015). Costa Concordia Capt. Francesco Schettino found guilty of manslaughter: Captain sentenced to 16 years in jail after shipwreck that killed 32. CBCnews. Retrieved on 16th May, 2015 from http://www.cbc.ca/news/world/costa-concordia-capt-francesco- schettino-found-guilty-of-manslaughter-1.2953257 Dickerson, T. A. (1981). Travel law. New York, N.Y: Law Journal Seminars-Press. Symposium on American and International Maritime Law, Tulane Law School., & Tulane Law Review Association. (1983). Admiralty Law Institute: Symposium on American and international maritime law: comparative aspects of current importance. New Orleans: Tulane Law Review Association. Tulane Law School. (1987). Tulane maritime law journal. New Orleans, La: Tulane University, School of Law. Read More