The case of Kimberly Burch – the fiancé of the rock band faster Pussycat's lead singer Taime Down – probably after he had fallen from a cruise ship on Sunday is a tragedy that connects the primary fears of many people.
I am a maritime and personal injury lawyer, who argues for victims and their families, but it is not just my work that makes me have nightmares about me or my loved ones.
Just the idea of struggling in the ocean, looking helpless while a ship leaves you behind is enough for some holidaymakers to swear sailing.
Yet it is worth remembering that such horrors are rare. From data released by the Cruise Lines International Association, there were 218 overboard incidents between 2009 and 2019. That is about 20 years a year. In the same decade there were around 255 million cruise ship passengers.
But it does happen. And after many years of practice I successfully represented countless families in cases with regard to overboards of cruise ships. Many of them are suicides and almost all of them concerned the over -consumption of alcohol.
A 72-year-old man is supposed to have died after he had fallen overboard last December during a Princess Cruises Voyage to Mexico. In August 2024, a passenger reportedly fell from a cruise ship off the coast of Croatia. Neither of the body has ever been found.
If you are the family of one of those victims, you will clearly be looking for answers while you try to tackle your grief.
The mother of Kimberly, Carnell Burch, has said that it was 'still unclear' whether her daughter has jumped or accidentally fell from the Royal Caribbean ship that had previously sailed from Miami on Sunday.
Kimberly Burch, depicted with her fiancé Taime Down from the Glam Rock Band from the 1980s, is supposed to be dead after she had fallen from a cruise on Sunday
The captain of the ship, the explorer of the seas operated by Royal Caribbean (shown above), seems to have been warned immediately after the performance around 11 p.m. PT
Whatever the truth, the captain of the ship – Explorer of the Seas – seems to have been warned after the performance on Sunday at about 11 p.m. (PT).
It was announced about the public address system – they would have said 'Oscar, Oscar, Oscar', the code for an overboard – while the ship did a turn of 180 degrees to find Kimberly. As required by the maritime law, it would have been all hands on deck.
Someone may have seen or heard the fall of Kimberly. It would probably have been verified by the crew that checks camera images. Otherwise they would have taken the time for a full sweep from the ship to try to find her.
Cruise ships that sail in and out of American ports with more than 250 passengers must have cameras on the sides of the ship to detect overboard incidents.
Over the years I have seen many images of people who go overboard – sometimes bouncing from the lifeboats or diving directly into the ocean.
The images can tell you a lot. If you had a clear view of Kimberly's balcony – her cabin was on the eighth deck – you would probably determine whether she was jumping or fell. Every video can provide convincing evidence about what happened.
Many passengers do not know that technology exists to check overboards. The detectors are activated.
In my experience, cruise companies generally have resisted to install the technology and claim that it is too easy for them to be activated and there are too many false positives.
Once warned about an overboard, the ship's captain usually leads the search and rescue operation. Rescue boats are sent with blazing search lights.
A maritime law that has been established hundreds, if not thousands of years, dictates that ships in the neighborhood have a duty to come and help. The incident must be reported to the local coast guard and maritime authorities.
These ships are so large, victims can fall from heights of more than 100 feet and can die at an impact of autumn, says Maritime Expert Michael Winkleman
Kimberly is supposed to have entered the water about 20 miles from the banks of Freeport, Bahamas.
In my experience, the time spent on search and rescue range from 24 hours to 48 hours is. If the person is not found within the first 24 hours, the chances of survival are extremely slim. But people can survive and I have had things that were really remarkable survival stories over the years.
These ships are so large, victims can fall from heights of more than 100 feet. They can die at the impact of autumn. Or they can be pulled and drowned under the ship. They can also collapse for hypothermia. Marine life can also cause or contribute to their death.
Safety against overboard are usually not discussed as part of the mandatory collective exercise at the start of each cruise. It is considered too rare as a rare event. But if you read the small print on the marketing material of the cruise companies, they point to the dangers of KlimReuningen or lean over it.
Regarding the design of the ship, handrails in common areas and individual balconies, there are legally required to be at least 42 inches high, precisely to prevent accidental overboard. The openings under the handrails must be under a certain width, so a smaller person, such as the child, cannot slide through it.
I have heard people propose to place nets around the ships, but in my opinion this sounds extreme and would probably create new and extra safety problems.
In my opinion, the best way is to prevent casual overboards by viewing the availability of alcohol on ships. In my experience, all major cruise companies have strict policy and procedures with regard to alcohol service, but they are not always enforced.
Yes, you don't have to drive anywhere, but you are on a moving ship that presents unique dangers. I don't say, “Don't drink.” I say, “Don't drink too much.”
Kimberly's mother was told that her daughter had drunk before the incident and that it was out of character.
There are reports that Kimberly argued before the fall with her fiancé. I look forward to the truth that comes out with the hope that it offers closure for everyone who has been hit.
I always say that people should not leave common sense in the port. There is a dangerous misconception that when you are on board a cruise ship, you are in a magically safe bubble.
But you are actually in a floating city, not too different from London, Miami or New York. You must take the same precautions that you would see in those places to keep you and your family safe.
As told to Jane Ridley. Michael A. Winkleman is a leading maritime lawyer in the US. An active process and professional lawyer, he is a partner at Lipcon, Margulies and Winkleman, with headquarters in Miami, Florida, who has successfully represents injured cruise ship passengers and crew since 1971.
