Royal Caribbean’s Handling of Remains: Is Refrigeration Acceptable? Legal Analysis
The recent lawsuit against Royal Caribbean, alleging that a deceased passenger’s body was stored in a refrigerator rather than a morgue, has ignited a debate about the proper handling of remains on cruise ships and the legal implications of such actions. This article delves into the procedures cruise lines typically follow when a passenger dies, the legal standards that may apply, and the potential liabilities cruise lines may face when these standards are not met.
Death at Sea: What Happens When a Passenger Passes?
While rare, deaths on cruise ships do occur. When a passenger dies, cruise lines have specific protocols in place. The first step involves a medical assessment by the onboard medical team, who will confirm the death and attempt to determine the cause. The captain and security personnel are then notified, and they, in turn, inform the appropriate authorities, including the flag state (the country where the ship is registered) and the port authorities at the next port of call. The deceased’s nationality also matters, as their home country’s consulate or embassy must be informed.
Modern cruise ships are equipped with morgue facilities to store bodies in a dignified manner until they can be transferred to a land-based facility. These morgues are typically located on lower decks, often near the medical center, and are designed to maintain cold temperatures to preserve the remains. Cruise lines also have dedicated care teams to provide emotional and logistical support to the deceased’s family, assisting with arrangements for repatriation, contacting funeral homes, and navigating legal and insurance matters.
The central question: Is storing a body in a refrigerator, as opposed to a dedicated morgue, acceptable?
Legal and Ethical Considerations
The primary concern is whether using a refrigerator instead of a morgue meets the standard of reasonable care. Several factors come into play:
- Standard of Care: Cruise lines have a legal obligation to ensure passenger safety and well-being. This duty extends to the handling of remains with dignity and respect. Storing a body in a manner inconsistent with industry standards could be seen as a breach of this duty.
- Morgue Capacity: Most cruise ships have morgues, but they have limited capacity. If a ship experiences multiple deaths or an extended voyage, the morgue may reach its limit. In such cases, cruise lines must have contingency plans that still ensure respectful and proper handling of remains.
- Refrigeration Standards: Funeral homes and crematories typically adhere to specific refrigeration requirements. For instance, Virginia law states that if a body is held for more than 48 hours before final disposition, it must be refrigerated in a unit suitable for storing human remains. Morgue coolers generally maintain temperatures between 36°F and 39°F (2°C to 4°C). It is crucial to maintain detailed temperature documentation. Whether a standard refrigerator meets these requirements is questionable.
- Cultural and Religious Considerations: Cruise lines are generally sensitive to cultural and religious practices surrounding death. Storing a body in a manner that is considered disrespectful by the deceased’s family or culture could lead to legal and ethical concerns.
The Death on the High Seas Act (DOHSA)
In cases of death occurring more than three nautical miles from U.S. shores, the Death on the High Seas Act (DOHSA) often applies. DOHSA is a federal maritime law that governs wrongful deaths on the high seas due to negligence or unseaworthiness.
DOHSA can significantly limit the compensation available to families, primarily covering economic damages such as lost wages and funeral expenses, but not non-economic damages like pain and suffering or loss of companionship. However, if the cruise line’s actions are deemed grossly negligent or intentional, it might be possible to pursue additional claims outside the scope of DOHSA.
Recent Lawsuits and Allegations
The recent lawsuit against Royal Caribbean highlights the potential legal ramifications of mishandling remains. The case involves Michael Virgil, who died on a Royal Caribbean cruise after allegedly being overserved alcohol and violently restrained by security. The lawsuit claims that after his death, the cruise line stored his body in a refrigerator instead of the morgue, despite the ship having a morgue.
The family is alleging negligence, excessive force, failure to follow safety protocols, and improper handling of remains. They are seeking damages under DOHSA, including loss of support, inheritance, and mental pain and suffering. The case is ongoing and raises important questions about cruise line liability and the standards of care expected in these situations.
Advice
If a loved one dies on a cruise ship, here are some crucial steps to take:
- Request Medical Reports: Obtain all medical records related to the deceased’s treatment on board.
- Check the Location: Determine where the death occurred, as DOHSA may not apply within three miles of shore.
- Consult a Maritime Attorney: Maritime law is complex, and an experienced attorney can help you understand your rights and options.
- Act Quickly: Maritime claims often have strict deadlines, sometimes as short as one year from the date of death.
- Do Not Rely on the Cruise Line: The cruise line’s goal is to limit liability. Seek independent legal counsel immediately.
- Document Everything: Keep detailed records of all communications with the cruise line, as well as any expenses incurred.
Conclusion
While refrigeration is a standard practice for preserving bodies, the central issue is whether using a standard refrigerator instead of a dedicated morgue adheres to the expected standards of care and respects the dignity of the deceased. Cruise lines must ensure they have adequate facilities and protocols in place to handle deaths at sea appropriately. Failure to do so can result in legal action and significant reputational damage. Families who have experienced the loss of a loved one on a cruise ship should seek legal counsel to understand their rights and explore potential avenues for compensation and justice.