Cruise line’s next stop may be in court after storm

BAYONNE, N.J. — As Royal Caribbean prepares the Anthem of the Seas to sail again next week, some of the 4,500 passengers who weathered a violent storm at sea are likely starting their own preparations.

It's likely that a few passengers will file suit against Royal Caribbean, whether it's for personal injuries or compensation, Fordham University Law school adjunct professor Larry Brennan said.

Even before the ship limped back to New Jersey on Wednesday after surviving a violent storm on the Atlantic, attention has focused on why Anthem of the Seas was in harm's way in the first place given dire forecasts.

“I think you’ll see a spattering of lawsuits. ... There’s probably some more people who may have had injuries, and they’re entitled to claims,” Brennan said. “Perhaps it will be done at an administrative level: ‘Here’s a letter. Please pay us.’ ”

Storm-tossed passengers describe nightmare cruise

Four people suffered minor injuries during the storm, where 30-foot waves and winds up to 120 mph rocked the ship, which suffered damage the cruise line categorized as "superficial." During the height of the storm, the ship's captain ordered passengers to their cabins, where they remained confined for 12 hours.

Every passenger's ticket comes with an agreement that dictates what country's law will govern disputes — as most ships fly with a foreign flag — and where any lawsuit must be filed and heard, including international locations.

Royal Caribbean ships, including the Anthem of the Seas, all fly with a Bahamian flag.

“The question of liability really turns on what the ship owner did that’s wrong,” Brennan said. “Just because it encountered a storm doesn’t mean it’s liable.

"You know there was a forecasted storm on the East Coast, and the ship sailed into the storm. But that doesn’t mean you have to stay in port,” Brennan said.

Those questions will likely be answered in reports by and at hearings in front of the U.S. Coast Guard, the National Transportation Safety Board and perhaps a few congressional hearings, Brennan said.

“There should be a full-scale investigation. It’s a major industry that has some questions with a large market in the U.S.,” Brennan said.

Shortly after the storm, Sen. Bill Nelson, D-Fla., called for an NTSB investigation into why the ship left port despite dire forecasts.

Since the Anthem of the Seas was a foreign vessel, the NTSB will work with domestic and international partners to figure out the best course of action, spokesman Terry Williams said in an email.

"The Anthem of the Seas incident may provide us an additional opportunity to learn best practices that cruise line operators employ for operating in heavy weather," Williams said.

In a press release, Royal Caribbean said the storm "far exceeded forecasts," turning a manageable storm into a dangerous one.

"Even so, it is our responsibility to eliminate every surprise we possibly can," the cruise line's statement said.

The cruise line is strengthening its storm avoidance policy in the aftermath of the Sunday storm, according to the statement.

One major consideration is the condition of the ship's propulsion system, which Coast Guard investigators determined was partially disabled on the return voyage.

Coast Guard spokesman Charles Rowe said on Friday that the ship had made the journey home with only its left propulsion system working.

"It's not functioning properly at the moment, and our team is on board working through that to make sure it's functioning property before it is allowed to leave," Coast Guard investigator Lt. Josh Buck told NBC News on Thursday.

The cruise line fully expects the ship to be ready for a trip next week once it passes safety tests, Rowe said.

If investigators determine that the propulsion system was faulty before the ship left port, it's a different story, Brennan said.

“Major casualties are the result of synergy from multiple causes. If one bad thing happens, you probably get through it,” Brennan said. “If a ship loses propulsion in a storm, it’s at the mercy of the seas. Instead of cosmetic or structural damage, there’s a much better chance that a ship can be lost.”

Meteorologists have already criticized Royal Caribbean officials for allowing the Anthem of the Seas, the third-largest cruise ship in the world, to sail into a nasty storm along the Atlantic coast.

The cruise line shouldn't have been surprised when the storm badly damaged the ship, said Jordan McLeod, a climatologist with the National Oceanic and Atmospheric Administration's Southeast Regional Climate Center.

"Did Royal Caribbean know about the forecast for a potentially dangerous storm in the days prior to the ship’s departure? If so, I would say it was negligent for them to sail through that area given that passenger safety should be their first priority," McLeod told USA TODAY.

If they didn't know about the storm, McLeod said the company "should invest either in an in-house meteorological staff or someone to consult with the National Weather Service for cruise-specific weather forecasts."