By Michael Winkleman.
The case of Kimberly Burch – the fiancée of rock band Faster Pussycat’s lead singer Taime Down – presumed dead after falling from a cruise ship on Sunday, is a tragedy that taps into many people’s primal fears.
I’m a maritime and personal injury attorney, who advocates for victims and their families, but it’s not just my line of work that causes me to have nightmares about it happening to me or my loved ones.
The mere thought of struggling in the ocean, watching helplessly as a ship leaves you behind is enough for some vacationers to swear off sailing.
Still, it’s worth remembering that such horrors are rare. Data released by The Cruise Lines International Association showed there were 218 overboard incidents between 2009 and 2019. That works out to roughly 20 each year. Over the same decade, there were around 255 million cruise ship passengers.
But it does happen. And after many years of practice, I have successfully represented numerous families in cases regarding cruise ship overboards. Many of them are suicides and nearly all of them involved the over-consumption of alcohol.
A 72-year-old man is believed to have died after falling 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 body was ever found.
If you’re the family of one of those victims, you’ll obviously be searching for answers while trying to deal with your grief.
Kimberly’s mother, Carnell Burch, has said it’s ‘still unclear’ whether her daughter jumped or fell by accident from the Royal Caribbean ship that had set sail from Miami earlier on Sunday.
Kimberly Burch, pictured with her fiancée Taime Down from 1980s glam rock band Faster, is presumed dead after falling from a cruise liner on Sunday
The captain of the ship, The Explorer of the Seas operated by Royal Caribbean (pictured above), appears to have been alerted right after the occurrence at around 11pm PT
Whatever the truth, the captain of the ship — Explorer of the Seas — appears to have been alerted right after the occurrence at around 11pm (PT) on Sunday.
It was announced over the public address system — they would have said ‘Oscar, Oscar, Oscar,’ the code for an overboard — as the ship did a 180 degree turn to try and locate Kimberly. As required by maritime law, it would have been all hands on deck.
Someone may well have seen or heard Kimberly’s fall. It would likely have been verified by the crew checking camera footage. Otherwise, they would have taken the time for a full sweep of the ship to try and find her.
Cruise ships sailing in and out of American ports with more than 250 passengers are required to have cameras on the sides of the vessel to detect overboard incidents.
Over the years, I’ve seen plenty of footage of people going overboard — sometimes bouncing off the lifeboats or plunging directly into the ocean.
The footage can tell you a lot. If you had a clear view of Kimberly’s balcony — her cabin was on the eighth deck — you’d likely ascertain whether she jumped or fell over. Any video could well provide compelling evidence as to what happened.
Many passengers don’t know that technology exists to monitor overboards. The detectors are motion activated.
In my experience, cruise companies have generally resisted installing the tech, claiming it’s too easy for them to be activated and there are too many false positives.
Once alerted to an overboard, the captain of the ship usually leads the search and rescue operation. Rescue boats equipped with blazing search lights are dispatched.
A maritime law that’s been established for hundreds, if not thousands of years, dictates that nearby ships 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 over 100 feet and can die on impact from the fall, says maritime expert Michael Winkleman.
Kimberly is believed to have entered the water roughly 20 miles off the shore of Freeport, Bahamas.
In my experience, the time spent on search and rescue ranges from 24 hours to 48 hours. If the person isn’t found within the first 24 hours, the chances of survival are extremely slim. But people can and do survive, and I’ve had cases over the years that were truly remarkable survival stories.
These ships are so large, victims can fall from heights of over 100 feet. They can die on impact from the fall. Or they could be pulled under the vessel and drown. They could also succumb to hypothermia. Marine life could also cause or contribute to their death.
Safeguards against falling overboard are not usually discussed as part of the mandatory muster drill at the beginning of each cruise. It’s considered too much of a rare occurrence. But, if you read the fine print on the cruise lines’ marketing material, they point out the dangers of climbing railings or leaning out over them.
As for the design of the ship, railings in common areas and individual balconies are required by law to be at least 42 inches in height, precisely for the purpose of preventing accidental overboard falls. The openings beneath the railings must be under a certain width so a smaller person, such as child, can’t slip through.
Maritime expert Michael Winkleman
I’ve heard people suggest putting nets around the ships, but in my view, this sounds extreme and would likely create new and additional safety concerns.
In my opinion, the best way to prevent accidental overboards is to take a closer look at the availability of alcohol on ships. In my experience, all of the major cruise lines have strict policies and procedures regarding alcohol service, but they are not always enforced.
Yes, you don’t have to drive anywhere, but you are on a moving vessel that presents unique dangers. I’m not saying, ‘Don’t drink.’ I’m saying, ‘Don’t drink too much.’
Kimberly’s mother was told that her daughter had been drinking before the incident and that it was out of character.
There are reports that Kimberly was arguing with her fiancé before the fall. I look forward to the truth coming out with the hope it provides closure for everyone affected.
I always tell people not to leave their common sense at the port. There’s a dangerous misconception that when you are aboard a cruise ship, you are in some magically safe bubble.
But you are basically in a floating city, not too different from London, Miami or New York. You must take the same precautions you’d observe 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 trial and appellate attorney, he is a partner at Lipcon, Margulies and Winkleman, headquartered in Miami, Florida, which has been successfully representing injured cruise ship passengers and crew since 1971.
