The cruise industry is getting a lot of media attention this year, but not for their exciting new ships which feature onboard hair-raising water slides, go-kart tracks and smokehouse BBQ joints, but because of the increased number of failed ship inspections performed pursuant to by the Centers for Disease Control and Prevention's Vessel Sanitation Program (CDC-VSP). In fact, during 2017 more cruise ships failed their inspection than any other year since the inception of the CDC's protocol.

Carnival Cruise Line, the world's largest cruise line—is based in Miami and had five ships fail in 2017 and several so far this year—and they are not alone. Norwegian, Royal Caribbean and others are also failing. But Carnival's problems seem the most glaring and potentially dangerous—so for this year the Liberty scored 80 on Jan. 4, the Vista scored 88 on Jan. 27 and the Ecstasy scored 87 on Feb. 11.

The CDC inspections are performed at least twice a year, randomly on ships that dock at U.S. ports and focuses on a few key safety concerns—but not every aspect of a ship's operations. The inspections are actually paid for by each cruise line depending on the size of a given ship.

The ships are then scored on a 100-point scale. A score of 85 or below is considered failing. However, even ships that score 100 can have half dozen violations or more. Inspectors will examine the ship's medical center and review medical logs to make sure that there is accurate documentation of gastrointestinal illness surveillance to help mitigate the spread of the Norovirus and other GI illnesses. Inspectors will check a ship's procedures for maintaining and distributing potable water, swimming pool and jacuzzi filtration and disinfection systems, food storage, service and cleaning areas, kids' clubs and nurseries, hotel accommodations as well as the ship's heating, ventilation and air conditioning systems. They do not however, check safety measures like whether or not the decks are too slippery when wet or if there is adequate lighting on exterior staircases.

The question many in the cruise industry are asking, as well as consumers trying to find the best and safest way to spend their hard-earned vacation dollars are: why is this happening and how can it be avoided?

As a lawyer who has investigated thousands of cruise ship related accidents and injury claims, I believe one of the reasons that the cruise lines are experiencing an increase in the number of reported health inspection failures is due to the increased number of ships at sea coupled with a lack of accountability or consequence for failing a CDC inspection. In the worst case scenario the VSP can issue a “no-sail” order, which means that the ship possesses an “imminent public health risk” and cannot set sail until the violations are corrected. I am personally unaware of any major cruise line ever being given a “no-sail” order regardless of how poorly they performed on a given inspection.

Until such time as there is a legislative initiative to assess either civil or criminal penalties for failing a CDC inspection—consumers are best advised to spend some time on the CDC's website to see just how well their intended ship performed during its inspection before booking their next cruise.

Spencer Aronfeld is the founder of Aronfeld Trial Lawyers in Miami. He is a board-certified civil trial lawyer and has successfully represented injured people and their families in accident cases against cruise lines.