Month: February 2018

Expert WitnessLitigationPublic Transportation

Potential litigation after Carnival cruise descends into chaos as travelers and security brawl

Imagine a lovely 10-day cruise through the South Pacific. You and your family have boarded the Carnival Legend, sat through the mandatory lifeboat drill, found your cabin, and prepared to enjoy a week-and-a-half on the open ocean. Eating, drinking, dancing, and having a grand old-time.

Let’s take it a little further. Imagine a family of twenty-three (23) individuals has joined you on your voyage. They are probably on the ship for the same reasons you are: rest and relaxation. Alas, that was not the case!

Over the last weekend, news broke that a violent brawl had occurred on the Carnival Legend on or around February 15, 2018. This brawl appears to have been the culmination of many days of unrest on the cruise ship. The Washington Post reports, “A Carnival cruise devolved into near-anarchy during its 10 days in the South Pacific, with some passengers locking themselves inside their cabins, others kicked off the ship and security guards brawling with vacationers in a bare-knuckles melee.”

After cell phone footage surfaced of the fight, Carnival has stated they would investigate the event in full. However, they are already blaming a large family for instigating unrest. Some passengers have claimed the violence and disobedience had escalated for days before security had intervened. When security did intervene, as evidenced by the cell phone footage, they appear to battle it out with the passengers. Punching and kicking passengers into submission and working to stop other passengers from filming the quarrel.

Will a lawsuit arise from the brawl?

In my experience, lawsuits arise from just about every kind of event. So, I expect to hear about some possible legal action related to a fight between vacationers and security, which resulted in worldwide news coverage. Call it an educated guess that legal action may take place after this incident.

For what reason might someone bring legal action? In this case, there are a wide variety of issues. Let’s concentrate on security participating in the brawl. My assumption is someone will sue on the issues of negligence and premises liability. There appear to be plenty of options for a negligence cause of action (negligent security, negligent hiring, negligent training, negligent supervision, and more).

Brawl at the Nightclub

On dozens of occasions we have located expert witnesses after a fight erupted at a bar or nightclub. These are very common lawsuits. A patron is harmed in a scuffle and later brings suit against the bar/restaurant/nightclub operator. Oftentimes, these establishments employ separate security guard contractors and a suit is brought against that company as well. Since there is cell phone footage of the brawl, I expect Carnival to face litigation surrounding the fight. Visual evidence is more compelling than witness statements as long as the video can be authenticated.

Furthermore, it appears the Carnival employees, including security, are unprepared to detain unruly passengers. Their attempts to control the fight leads to a violent struggle between passengers, staff and security. I am quite certain the use of punches and kicks to bring a passenger into submission will be considered an unnecessary use of force.

In the video, I do not see an effort by Carnival staff and security to detain and secure the disruptive passengers. Quite the contrary, they appear to engage them in fisticuffs. Such behavior by crew members is likely to fall below the standard of care for cruise ship personnel and security.

In fact, Carnival’s own Safety and Security statement on their website claims, in pertinent part:

  • All Carnival officers and crew undergo comprehensive regular safety and emergency training that meets or exceeds all regulatory requirements.
  • Our crew members undergo specific training to handle emergency situations and help our guests. Crew roles, responsibilities and duties are clearly defined and assigned to handle any emergency on board.

Looking at the above statement in conjunction with the available video, and this pundit believes the crew members are likely to require extensive training on handling ill-tempered passengers. Punching and kicking the passengers, even if well-deserved per other passenger statements, probably does not meet Carnival’s safety and security standards.

Family Evacuated in Australia

It seems the disorderly family of 23 was escorted off the ship Australia. Police boarded the ship to remove the large family. According to the Washington Post, nobody was immediately charged with a crime.

Am I alone in hoping the family is not identified as United States citizens?

Expert WitnessExpert Witness TestimonyPsychology

Voodoo Cases Trigger Memories of Child Witchcraft Expert Witness Request

In an article posted today in the Associated Press on Yahoo News brought back memories of one of the most unusual expert witness requests ever received. In the article from Yahoo News, Voodoo followers fear a backlash after two separate crimes against children were committed in the last two months. Due to similarities in the crimes, authorities have identified Voodoo rituals as a motivating factor in the injuries sustained by the child victims.

The two cases happened in Massachusetts. The first crime occurred in East Bridgewater, MA, when two sisters were arrested for restraining and burning a 5-year-old girl in an attempt to rid her of a demon. The child suffered permanent disfigurement. The violence against the child was described as a “Voodoo ritual.” Nearly a week later in Brockton, MA, a mother was arrested for stabbing two of her children in what the mother described as “Voodoo stuff.”

Two separate crimes, within close proximity, and both mentioning or characterizing rituals as related to Voodoo, have upset followers of local community members who practice Haitian Vodou, as they fear the crimes will result in a backlash against their culture and religion. The article explains “practitioners of Haitian Vodou, which adherents spell differently to distinguish it from other variants, say the religion does not sanction violence and fear the crimes will spark a backlash against their community.”

Reading this article sparked a memory of one of the most interesting cases presented to me during my time with Experts.com. It was not the most high-profile expert witness request I had ever received, but it was one of my first international expert requests.

The Child Witchcraft Expert Witness Request

Criminal defense counsel out of UK had contacted me via email. He was looking for several expert witnesses. His first two requests were common enough: forensic psychiatrist and child psychologist. It was the third request, for a Child Witchcraft expert, that forced me to do some in-depth research and search beyond our database to located the appropriate expert witness. First of all, I had no idea to what the attorney was referring. This was the first time in my life I had ever heard of the “Child Witch Phenomenon” or “Child Witchcraft.” As such, the research on the subject was basically to educate myself on the topic before I started contacting expert witness candidates.

While researching, I discovered… In several countries in Africa (Nigeria, Congo and others), there is a severe cultural and religious fear of witches as they are the crux of evil. According to this 2010 article from CNN, “Pastors in southeast Nigeria claim illness and poverty are caused by witches who bring terrible misfortune to those around them. And those denounced as witches must be cleansed through deliverance or cast out.”

Often, children are the ones accused of being witches. In order to cleanse the child, they are beaten, tortured, and sometimes buried alive. Some children have been stabbed to death in an attempt to free them from the witch’s grasp.

Religious leaders in some African countries have taken advantage of this belief in Child Witchcraft. They will offer to expel or exorcise the witch for a price. A pretty good way to make a living if you are dealing with a poor and uneducated populace. Rather than being made aware of mental health disorders that could be impacting a child’s behavior, these pastors have made a living preying on a family’s fear.

How did the case make it to the UK?

The UK has a large immigrant population. Those emigrating from areas in Africa where the Child Witch Phenomenon is rampant, now find themselves in a new country with new laws and a different appreciation of mental health disorders and treatment.

At the time we processed the referral for a Child Witchcraft expert witness, I recall there having been 10-12 UK-based criminal trials involving Child Witchcraft allegations. A child appears uncontrollable, possibly dealing with early onset mental illness, and the parents seek the counsel of religious leaders. Those leaders recommend exorcism. Exorcism involves violence, the child is severely harmed, the police get involved, and criminal complaints are filed. The prosecution begins.

Is this now happening in Massachusetts? Instead of the Child Witch Phenomenon, is the State dealing with a similar Voodoo-based phenomena?

How do we as a society, address these types of issues before the child is endangered and the parents are on trial? Is it a matter of educating parents, community, and religious leaders about mental illness? Do we need to improve awareness of treatment? Your comments are welcome!

 

Accident Investigation & ReconstructionAccident SafetyIndustrial Accident

Car Accident Experts: Quentin Tarantino Questions How the Uma Thurman Accident Happened

Over the weekend we heard from another victim of Harvey Weinstein. This time, actress Uma Thurman discussed her assault at the hands of Hollywood’s most well-known predator in a piece for the New York Times. In this opinion piece by Maureen Dowd, Uma Thurman recounts a physical attack by Weinstein that occurred when she was a young actress (an attack Weinstein denies).

Also discussed in the article was a car accident on the set of Kill Bill. An accident Thurman believes resulted in long-term neck and knee damage. The interesting aspect of this car accident is that it was recorded by a camera mounted on the Karmann Ghia driven by Thurman (video available in the Times article).

In an article published last night by Deadline, director Quentin Tarantino explains that he provided the 15-year-old footage to Ms. Thurman in the hopes that “if I get this footage to her and she puts it out there in the world, that a crash expert can look at it and determine exactly what happened on that road.”

In the article on Deadline, Tarantino provides us with some more information about contributing factors in the crash. Here are some of the items that an accident reconstructionist would have to take into account when viewing the video.

  • Uma Thurman was driving the automobile somewhere between 35 and 45 MPH
  • There was an S-curve in the road that appears to be a fork in the road
  • The road had more sand and less dirt than Tarantino anticipated
  • Tarantino drove the road in one direction to test safety
  • Thurman drove the road in the opposite direction with no prior test in that direction
  • There was a mounted camera on the back of the automobile making the back-end heavier
  • Tarantino says the automobile was hydroplaning on the sand
  • The car goes into a spin in the sand and slides into the tree

Unfortunately for Thurman, she believes that the automobile may not be around for inspection by an auto accident expert. In the Deadline article, Tarantino explains his conversation with Thurman after the Times article was released last weekend and recounts their conversation as follows: “After the car incident. She feels it’s very possible the car was destroyed, at Harvey Weinstein’s insistence, and at Bennett Walsh and Lawrence Bender’s execution.” Putting aside the conspiratorial ideas and potential destruction of evidence, the remaining information to be analyzed is the video and witness statements.

What else can we determine from the video?

What else might help to determine the cause of the accident? In the video we actually get to see the impact to Ms. Thurman’s body at the time the automobile hits the tree. The movement and impact on the body could help explain the cause of the accident.

Not only will a “crash expert” be needed to analyze the video and witness statements as suggested by Tarantino, but it is likely a biomechanics expert would be required to help determine the injury to Thurman’s body. The combination of expertise from an accident reconstructionist and biomechanics expert will provide Ms. Thurman with a full accounting of the cause of this crash and resulting injury.

By her own account in the Times article, Ms. Thurman describes, “The steering wheel was at my belly and my legs were jammed under me… I came back from the hospital in a neck brace with my knees damaged and a large massive egg on my head and a concussion.” In the video you can see the relatively tall Thurman’s legs shoved under the steering wheel of the Karmann Ghia. There is also a protrusion (which appears to be her Kill Bill sword) at about shoulder level (while sitting). This protrusion impacts with the right side of her head when the front left side of the car collides with the tree. One can only imagine this item (which probably should have been secured or removed) was responsible for the concussion.

There are a host of other issues present in an accident like this. Certainly matters of workplace safety come to mind. However, Mr. Tarantino only seemed interested in determining the cause of the accident. In which case, we recommend the involvement of an automobile accident reconstructionist and a biomechanics expert as described above.

I invite any of our Experts.com members to review the video and write an article analyzing the accident!