In 2010, Congress passed the Cruise Vessel Security and Safety Act (CVSSA), establishing strict safety requirements for cruise ships embarking or disembarking in the United States. This Act changed the landscape for negligent security litigation.
When an assault or security failure occurs, we analyze the cruise line’s compliance not just with their own manuals, but with these federal statutory requirements.
1. The “Duty to Prevent” under US Law
Under US maritime law, a shipowner has a heightened duty to protect passengers from foreseeable harm, especially criminal acts by other passengers or crew.
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Foreseeability Analysis: Most shipboard violence is alcohol-fueled. We review security logs to determine if the aggressor was “overserved” prior to the assault. If the ship’s bartenders created the danger, the ship’s security team had a duty to intervene before violence occurred.
2. Man Overboard (MOB) & Technology Systems
The CVSSA requires vessels to utilize technology to detect or prevent passengers from falling overboard.
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The Audit: In “Man Overboard” cases involving alcohol, we evaluate whether the ship utilized required optical detection systems or if the response was delayed. A failure to maintain these federally mandated systems can be powerful evidence of negligence in a US court.
3. Crime Scene Preservation Failures
The CVSSA mandates specific protocols for preserving evidence after a sexual assault or serious crime.
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The Breach: We frequently see security teams “clean up” a crime scene or fail to separate witnesses, contaminating the investigation. We compare the ship’s actions against the FBI-approved protocols required by the CVSSA to identify spoliation of evidence.
The Takeaway The CVSSA set a federal baseline for safety. Our analysis determines whether the cruise line met these statutory US obligations or if their security failures contributed to the victim’s injury.