The Federal Bureau of Investigation (FBI) is investigating what has been called a “suspicious” death of a passenger onboard the Carnival Sunshine just off the coast of Charleston, Southern Carolina. The incident occurred shortly after the vessel departed on February 27, 2023.

The female passenger was found unresponsive in her stateroom as she and her husband were sailing on a 5-night Bahamas cruise roundtrip from Charleston, South Carolina, on the cruise line’s Carnival Sunshine vessel.  Life-saving measures were initiated to no avail, and the passenger was pronounced deceased on the vessel. Her body and her husband were disembarked in the Bahamas, and the cruise proceeded as planned. The FBI was then contacted to process the couple’s stateroom at the end of the cruise.

According to a statement issued by Carnival Cruise Line, the FBI investigates certain crimes that occur on the high seas, including suspicious deaths of U.S. citizens.

Currently, the FBI is working alongside Bahamian authorities in the ongoing investigation, which includes conducting an autopsy. Since the ship carries the Bahamian flag, this country’s law would govern the specific jurisdiction of the vessel. They have labeled the death as “suspicious,” but have not released any other details as to why it is being labeled in that manner.

The female passenger’s death appears to be an isolated incident. Carnival Cruise Line has said they are fully cooperating with the investigation. They insist that this is a matter for the authorities in both the Bahamas and Charleston. As such, they are not issuing any further comments. With respect to the FBI, the investigation is being led by the FBI’s Columbia, South Carolina field office.

This death is not the first one reported on board the Carnival Sunshine. The 102,853-gross-ton vessel was formerly known as Carnival Destiny. Its homeport is Charleston, and the vessel offers several different itineraries to the Bahamas and Easter Caribbean sailings.

The Carnival Sunshine originally debuted under the name of Carnival Destiny in 1996. In 2013, the vessel was updated with a $155 million renovation. After the renovations were complete, the vessel was then renamed the Carnival Sunshine.

In 2016, tragedy struck the Carnival Sunshine after a crew member was found dead after a medical emergency. Also in 2016, a guest was found unresponsive and died on the Carnival Miracle.

While the FBI is not required to investigate all deaths on the high seas, ones that are deemed to be “suspicious” result in an FBI investigation. The FBI investigates a number of serious crimes occurring on the high seas, including hijacking, drug trafficking, terrorism, and piracy.  The agency’s ability to investigate crimes is limited to certain types offenses, which does include suspicious deaths of U.S. passengers, as was the case in this incident.

It is unclear what about this incident makes it “suspicious” to the FBI. Many times, suspicion comes as a result of the wrongdoing of another person, whether this be someone known to the deceased or someone associated with the cruise line company. If the death is from negligence or misconduct from someone associated with the cruise line, the facts discovered from the FBI investigation will prove to be helpful when preparing a cause of action for legal damages suffered by the family of the deceased.  

According to a study published in 2020 by the International Journal of Travel Medicine and Global Health, between 2000 and 2019, a total of 623 deaths were reported on cruise liners. Of these deaths, 89 percent of them were passengers. Sixty-one percent (61%) of passenger deaths involved U.S. citizens.

The study found that the most common reasons for passenger deaths at sea had to do with falls, either overboard or from one deck to a lower deck below. These deaths also included those caused by cardiac arrests, suicides, and murders. Among crew member deaths reported, suicide, murder and falls were the largest category reported. The study also found that the largest percentage of deaths during that time, 29 percent (29%) occurred on Carnival ships.

Death on the High Seas Act

When someone dies without cause, the family of the deceased normally wants justice for the death of their loved one. While money certainly cannot bring that person back, it can often soften the blow or cover for financial losses suffered as a result of the death of their loved one.

Normally, when someone dies due to the misconduct or negligence of another person or entity, the family of the deceased can file a wrongful death claim under state law in the state where the injury occurred. However, when someone dies due to misconduct or negligence while at sea, a federal law known as the Death on the High Seas Act or DOHSA comes into play.

Certain qualifications must be met for the DOHSA to become involved. The DOHSA applies to fatal accidents that occur at least three nautical miles from the shore of the United States. If the death occurs within three miles from the shore, that case is governed by state law. Additionally, the DOHSA action must be brought within three years from the date of the accident.

Remedies that can be sought under DOHSA are much more limited than the remedies available under state law or general maritime law. Since DOHSA is a federal law, it preempts state laws and general maritime law.

If a death on the high seas involves a deceased seaman, the family of the deceased is not just limited to the DOHSA for damages. They can seek a claim for damages against the seaman’s employer under the Jones Act. The damages available under the Jones Act are much more extensive than those offered through the DOHSA. Keep in mind the Jones Act only applies to maritime workers, while the DOHSA applies to both maritime and non-maritime individuals.

Cruise ships often are governed by laws of foreign countries, and these laws are not necessarily preempted by U.S. federal law. The family of the deceased may bring a civil legal claim under the laws of a foreign country in a U.S. court. However, they are not able to bring this foreign claim at the same time as a DOHSA claim against the same defendant. Concurrent claims can be brought if these two claims involve two different defendants.

What Damages Are Available under DOHSA? 

Unlike state laws involving wrongful death, damages under DOHSA are limited to pecuniary or financial losses suffered by “qualifying family members” of the deceased victim. Qualifying family members include surviving spouse, parent, child, or dependent relative. Only individuals in those specific categories may bring DOHSA claims.

Also, under DOHSA, any noneconomic damages are not recoverable, including loss of consortium brought by the victim’s spouse or loss of services. Additionally, DOHSA does not pay any damages for pain and suffering the deceased may have suffered prior to his or her death, lost wages pre-death, and mental pain and anguish. By taking noneconomic damages out of the equation, the victims family receive far less in a DOHSA case than they would with a state wrongful death case.

When the death involves a deceased maritime worker, the Jones Act does allow claims for pre-death pain and suffering. However, these damages are solely limited to maritime workers and would not cover cases such as this one.

The DOHSA also does not normally pay for medical expenses or funeral expenses since these expenses are often incurred by the estate of the deceased. If a qualifying family member paid these costs, however, a DOHSA claim for reimbursement may be made.

DOHSA Survival Actions

The DOHSA also does not necessarily provide for “survival” causes of action that allow a decedent’s family to recover for injuries they sustain on the high seas that are not the cause of their death, nor the pain and suffering caused during the event. For maritime workers, these actions can be supplemented by other laws, including the Jones Act, which provides remedies for seamen who lose their lives during the course of their employment, but does not provide any remedies for injured passengers. Jones Act claims based on a seafarer’s wrongful death can only be brought by the personal representative of the estate and can only be brought against the deceased’s employer.

Other Options for Families of the Deceased

If the incident that resulted in the wrongful death of the victim occurs within three nautical miles of the shore, the family of the deceased has the ability to bring a cause of action under the state’s wrongful death laws. The state that controls these cases is the state that controls the shore most immediate to the vessel. These laws give the family many more options to pursue claims for damages. Three nautical miles is not a significant distance, unfortunately, which is why most deaths tend to occur outside of that three-mile boundary, which means most cases are limited to the DOHSA.

Maritime Wrongful Death Attorneys: Experience You Can Trust

Given the complexities involved in maritime law, it is important that the Personal Representative of the deceased have a strong legal advocate guiding him or her along in the process, protecting the rights of the deceased’s family and loved ones to receive financial compensation for the decedent’s death. The attorneys and staff at Delgado Trial Attorneys are here to help guide you every step of the way.

The Miami-based maritime personal injury attorneys at Delgado Trial Attorneys possess a skill set that few other maritime attorneys can claim. Raul’s decade of experience representing the cruise lines and developing their defense strategies before he dedicated his career in 2018 to helping injured passengers and crew members and teamed up in 2020 with Raul, Sr. and his 43 years of personal injury experience and accident victim advocacy. to pursue their joint passion for victim advocacy. Delgado Trial Attorneys offers a combination of experience in all types of cruise ship and Florida accidents causing injury unlike any of their competitors.

Our experience 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.

SOURCES:

Woman’s ‘Suspicious Death’ on Cruise Ship Sparks FBI Investigation (newsweek.com)

FBI investigating ‘suspicious’ death of Carnival cruise passenger (msn.com)

FBI Investigates Death Aboard Carnival Cruise Ship (cruisehive.com)