International Cruise Victims Association, Inc.

International Cruise Victims
WASHINGTON, D.C. - House Passes Conyers Oil Spill Liability Bill; Ensures Justice for
Disaster Victims
(Washington D.C.)— Today, the House passed H.R. 5503, the Securing Protections for the Injured from Limitations
on Liability Act (SPILL Act). Introduced by Judiciary Committee Chairman John Conyers, Jr. (D-Mich.) and Louisiana
Gulf Coast Congressman Charlie Melancon (D-La.), this legislation focuses on fixing loopholes in liability statutes so
that the victims who die at sea can be fairly treated. The SPILL Act addresses out-of-date legislation from the mid 1800s
to the early 1900s: Death on High Seas Act (1920), Jones Act (1920), and the Limitation on Liability Act (1851).
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it amends the Death on the High Seas Act and Jones Act to permit non-pecuniary damages.
It repeals the outdated Limitation on Liability Act.
It prevents parties responsible for oil spills from using the bankruptcy courts as a subterfuge to leave victims without
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It provides that these changes will apply to ail cases on and after April 20 , consistent with previous liability law
changes enacted by Congress.
During the past two weeks, the ICV team has been deeply involved in promoting this historic legislation. The ICV
legislation which also passed this week, the Cruise Vessel Security and Safety Act of 2009, originally contained a
provision to amend the Death on the High Seas Act {DOSHA). It remains the goal of ICV to change this out-dated
law to permit non-pecuniary damages. Now that the House has approved this legislation, we move on to the
Senate.
Hundreds of letters were sent out this week by the ICV team to help assure passage. A copy of that letter is
attached to this release plus pictures of the victims of cruise line deaths. This could not have been done without
the support of several of the ICV members. Up until the end, the cruise lines were trying to exclude themselves
but, again, the victims stories overcame the cruise lines attempts to keep these antiquated laws in force.
Now on to the Senate. We will be asking all of you to contact your Senator to support SB 3463.
For more information about the International Crime Victims Association, please visit
www.internationalcruiscvictims.org or contact the following:
Kendall Carver
E-Mail Kcarverl7(fl''CQx.net
Visit Our Website
Phone 602 852 5896 or 602 989 6752
v.intemationalcruisevictims
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MERR1AN CARVER
ARIZONA
LOST AT SEA
AU9-04
ASHLEY BARNETT
CALIFORNIA
DIED MYSTERIOUSLY
October IS, 2005
GEORGE SMITH
CONNECTICUT
LOST AT SEA
July 5, 2005
DANIEL DIPIERO
OHIO
LOST AT SEA
May 15, 2006
HUE PHAN & HUE TRAN
CALIFORNIA
LOST AT SEA
May 12, 2005
ELIZABETH STEVENS
GEORGIA
LOST DURING EXCURSION
JULY 2001
JAMES SCAVONE
CONNECTICUT
LOST AT SEA
JULY
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ANNETTE MIZENER
WISCONSIN
LOST AT SEA
December 4, 2004
MINDY JORDAN
NEW JERSEY
LOST AT SEA
May 11, 2008
"•SOME OF THE V. 5, CITIZENS
STEVE MANNING
ILLINOIS
LOST AT SEA
April 22, 2008
WHO HAVE PIEDATSEA
ROBERT NELSON
FLORIDA
LOST DURING EXCURSION
BRENT SMITH
LOST AT SEA
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MICHELLE VILBORG
ALABAMA
LOST AT SEA
JUNE 2009
JOHN DRESP
NEBRASKA
LOST DURING EXCURSION
November 16. 2005
AMBER MALKUCH
WASHINGTON
LOST AT SEA
Aug-09
CHRISTOPHER CALDWELL
VIRGINIA
LOST AT SEA
July 23. 2004
ANDY WALLIS
GEORGIA
DROWNED - OVERBOARD
July 10. 1999
AMY BRADLEY
VIRGINIA
LOST AT SEA
March 24, 1998
TAMMY GROGAN
OHIO
LOST AT SEA
September 10, 2006
RICHARD UFFRIDGE
GEORGIA
DIED - SMOKE INHALATION
March 23, 2006
International Cruise Victims Association, Inc.
June 30,2010
Dear House Member,
We, the International Cruise Victims Association (ICV), are writing to express our strong support for HR 5503,
the Securing Protections for the Injured from Limitations on Liability Act, which would correct the antiquated
Death on the High Seas Act (DOSHA). Currently families who have lost a loved one at sea are prohibited from
recovering anything but the lost income or wages for those who are economically dependent upon them.
While the Transocean Deepwater Horizon explosion has shone a new spotlight on DOSHA, our organization,
ICV, has long been calling for a correction to the draconian limitations of DOSHA that would provide a fair
remedy for all maritime victims. DOSHA was last amended by Congress in 2000 to provide non-pecuniary
damages to the family members of persons who die on the high seas as a result of a plane crash. (See Pub.Law
106-181.) Senators Specter and Santorum pushed through this legislative change following the TWA Flight 800
disaster that left the families of sixteen high school students from Montoursville, Pennsylvania without any
recovery for their devastating loss. Because children contribute little, if anything at all, to the economic support
of their parents, the antiquated DOSHA law valued their loss at zero. However, no such consideration was
provided for those otherwise lost at sea. This inherent unfairness can and should be corrected.
This history is not a coincidence. The cruise industry and its trade association, the Cruise Lines International
Association (CLIA), have spent millions of dollars in lobbying efforts to fight regulation of any kind by
Congress. By comparison, we, ICV, are an organization of purely volunteers who have lost a loved one at sea.
As Rep. Melancon recently stated, "The pain I've seen on the faces of the family members of those 11 workers is
heartbreaking, and will last a lifetime for them." I can attest to the fact that it is heartbreaking for the families
who have lost loved ones on cruise ships when they discover that no action can be taken as a result of the
outdated provisions in DOSHA.
The CLIA says that they have no objection to addressing the rights of the Gulf Coast oil spill, but they object to
it applying to victims that die on the high seas as a result of the cruise vessel's negligence. This is patently
unfair. All victims deserve to have a fair and equal remedy. Further, the CLIA's focus on foreign nationals is
completely absurd. Current law prohibits foreign nationals from bringing suit in U.S. court unless the claim
involves a U.S. defendant or has some nexus to U.S. courts.
Congress has the opportunity to make the law fair and equal for all victims. Support H.R. 5503.
Kendall Carver
Chairman and Co-Founder
International Cruise Victims Association
www. internationalcruisev ictims.org
5521 North Camelback Canyon Drive
Phoenix, AZ 85018
Phone: 602-852-5896
Cell: 602-852-5896
Email: kcarver [email protected]