Having a passenger fall overboard from a cruise ship is a traumatic occurrence, not only for the individual involved but also for passengers and crew members, as these types of incidents are often fatal. Some of the major cruise lines have installed what are known as man overboard detection systems, technology that is meant to detect when someone has fallen overboard immediately. However, this technology is not required on all cruise vessels, which begs the question, “why?”
From January 2000 through May 2022, 278 people, including passengers and crew on major cruise line ships, went overboard. Some of the passengers who went overboard were rescued, but most died. If COVID had not shut down the cruise industry for much of 2020 and 2021, it’s likely the overboard stats would be higher.
The majority of cruise ships do not have specific man-overboard sensors,but they are becoming more common. 30 cruise ships owned by Carnival and Disney have been fitted with V-MOB sensors used to automatically alert the bridge of a man overboard incident.
The Cruise Vessel Security and Safety Act of 2010 requires that passenger vessels operating in the U.S. “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.” At the time this law was passed, the technology was not available. Therefore, cruise lines were given an option when it came to compliance. That option is still the case today, which is why not all vessels have this technology onboard.
On the other hand, that requirement is in addition to other safety provisions including the requirement that cruise vessel operators report occurrences of violent and sexual crimes that occur on the high seas, available on the Department of Transportation’s website. Despite calls from passenger advocates, reporting has still been suspiciously low compared to the approximate amount of crime that is actually being committed on the thousands of passenger sailings departing from US ports annually.
The possibility of false alarms was a major concern when it came to developing the technology. To avoid this possibility, technology companies worked hard to create dependable technology that would solely recognize falls overboard. As a result, multiple companies worked with the International Organization for Standardization to create a standard for them.
The standard was created and was finalized in 2019, shortly before the COVID-19 pandemic started in 2020. Unfortunately, like so many other things with COVID-19, the pandemic delayed the certification process. By that time, some ships had already adopted detection systems.
In addition to overboard detection technology, the CVSSA also requires all passenger vessels to have rails that are located not less than 42 inches above the cabin deck. However, most cruise vessels already complied with that requirement before the CVSSA was even enacted.
How Does Overboard Detection Technology Work?
One of the companies that developed overboard technology for cruise ships is MARSS. Their MOBtronic system is one of the overboard technology systems that is currently being certified. The system utilizes thermal cameras and micro-radars to detect when someone has fallen overboard. The system then alerts crew members that a person has gone overboard. MARSS’ MOBtronic system is expected to be certified in accordance with ISO standards within the first half of 2023. This certification will give cruise lines more confidence in the product, ensuring that their passengers and crew members are kept safe.
The technology does come with a price tag and a hefty one at that. MOBtronic starts at approximately $200,000. Normally anywhere between four and 12 sensor stations will be mounted on the vessel’s exterior. The larger the vessel, the more stations will be needed on the exterior of the ship. However, considering how much the average cruise ship costs, the money needed for this investment is relatively small and definitely worth it considering the lives that could be saved.
Which Cruise Ships Have Overboard Detection Systems?
Many of the major cruise lines have some type of overboard detection technology on their vessels or at least on their newer vessels. The number of vessels that have this technology will only increase as manufacturers of this technology are certified with ISO standards. At least one manufacturer is expected to be certified this year.
A recent article in USA Today on this technology highlighted which companies had this technology and which did not. Most did not respond to the requests by USA TODAY except for Disney Cruise Line who confirmed that they do have the technology on their vessels.
How Common Are Falls Overboard?
Falls overboard are not a common occurrence. In fact, the chances of falling off a cruise ship are quite slim. Usually, the only way to fall overboard is if a passenger purposefully climbs up and over the safety barriers or is purposefully pushed over the safety barrier. Overboard falls often happen from some type of intentional act or reckless behavior. Falls are not something that inadvertently or accidentally happens.
According to a 2020 report from CLIA Global, in 2019, 25 people went overboard from cruise ships. These figures include both passengers and crew members. This number is in comparison to over 13.7 million passengers who went on cruises in the U.S. in 2019.
Between 2009 and 2019, a total of 212 overboard incidents were reported globally, according to CLIA. Of these 212, only 48 people were rescued. This comes out to 28 percent overboard accidents resulting in a rescue or around four to five successful rescues a year.
Why Do Falls Overboard Happen?
Alcohol consumption plays a significant role in why falls overboard occur. While someone is on a cruise vacation, it can be easy to let alcohol consumption get out of hand, and with more alcohol comes fewer inhibitions. Usually, these incidents happen when people are not making smart decisions. Cruise lines have procedures in place to keep passengers from being overserved, but this does not mean that it does not happen. Cruise lines have these procedures not only to save lives but also to limit liability in the event someone does fall overboard after consuming too much alcohol and their family files a lawsuit against the cruise line. Normally these types of lawsuits are resolved confidentially out of court. Other times, a fall occurs because a person willingly jumps overboard in an attempt to take his or her life. In other disturbing cases, another individual may push a person. Video footage of this incident is imperative to catch the criminal and hold him or her responsible for his or her actions. Overboard detection technology could prove crucial in any of these circ*mstances.
Do Falls Overboard Always Result in Fatalities?
When the news reports on a fall overboard, you usually hear that the passenger died as a result. Falls overboard do not always result in the death of the person who fell. Survival in a fall overboard can depend on a number of factors, including whether the person who fell was hit or injured by impact with the water or another part of the ship and how quickly the individual is rescued by cruise crew members. The deck from which the person fell can also play a large factor in whether he or she survives. Falling from a higher deck will result in a stronger impact on the water. In fact, many times, the person who fell overboard is already deceased by the time he or she reaches the water, especially if the person hits another object on the way down.
The waters are sea are nothing like the waters just off a beach. This is why wind and weather can also play a major role in whether someone survives a fall overboard. If the seas are rough, even the best swimmer can struggle to stay afloat. Rough waters can also make it very difficult for crew members to locate the fallen person. Additionally, many falls overboard occur during night hours after someone has had a large amount of alcohol to eat. It can be extremely dark in open waters at night, which can make it next to impossible for crew members to locate someone who fell off the boat.
How fast the ship is traveling can also play a part in whether a person survives a fall overboard. If the ship is moving, the speed the vessel is traveling, and the current caused by the vessel can mean that a person can be swept away quickly after falling. If someone falls while the ship is traveling and is not immediately noticed by the crew or captain, making it nearly impossible to locate him or her.
Another factor that can affect survival is the temperature of the water. Since the open water at sea is so deep, it does not warm to the temperature we are used to off the shores of a beach, which means the water can be very cold and can cause shock to the human body. Hypothermia can set in very quickly when water is less than 70 degrees Fahrenheit, given the person who fell overboard has very little time to survive while rescue efforts are ongoing. Obviously, the location of where the vessel is can play a major part in the temperature of the water. If your vessel is sailing in the warm Caribbean Sea, your chances of survival are much higher than if your cruise is in chilly Alaskan waters.
While it is rare for a passenger who has fallen overboard to survive, it has happened. Over Thanksgiving 2022, a man fell overboard from a Carnival Cruise vessel and spent nearly 20 hours treading water in the ocean off the Gulf of Mexico before being rescued. He was lucky as rescues like his are extremely rare.
These overboard detection systems are meant to shorten the time it takes to locate a person who has fallen overboard. If the individual is still alive once he or she hits the water, time is of the essence to locate him or her. Even mere minutes can be all it takes to save a person’s life. By being able to pinpoint where the individual fell and at what time through this technology, the crew members can hopefully quickly locate the fallen person. Without this technology, it turns more into a guessing game of determining where the person fell. This will almost certainly result in a fatality.
The Miami-based cruise ship accident and maritime injury law firm ofDelgado Trial Attorneys possessa skill set that few other maritime attorneys can claim.Raul’sextensive experience representing the cruise lines and developing their defense strategies years before they started representing the passengers and crew members that suffered injuries because of the cruise lines’ negligence. Combined withRaul Delgado, Sr.’s45 years of personal injury experience fighting on behalf of injured accident victims, Delgado Trial Attorneys offers a combination of experience in all types of cruise ship personal injuries unlike any of their competitors. Ourexperience allows us to effectively strategize and advocate for every client we represent. We have handled all types of cruise ship passenger accidents over the years with a focus on slip, trip and falls, medical malpractice, FlowRider accidents, sexual assaults, Death on the High Seas, and more. Contact our law firm today for a free case evaluation. Virtual sign-ups available. Visit cruiselawyermiami.com to learn more.
SOURCES:
Man overboard: Cruise ship overboards and how they happen – The Points Guy
Cruise ship overboard detection systems: What are they? (usatoday.com)
How Do You Fall Off a Cruise Ship? Experts, Data Say It’s Not Easy. (insider.com)
What Happens When Someone Falls Off a Cruise Ship | Condé Nast Traveler (cntraveler.com)
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