The Italian Cruise Ship Disaster and Passenger Legal Rights
By Danielle Briones
Published on January 17, 2012
The capsizing of the Costa Concordia off of the Italian coast has raised questions about the safety and legal protection of passengers that are involved in cruise ship accidents.
The Costa Concordia crashed after the captain of the ship made the unauthorized and unapproved decision to move the ship off course. The ship slammed into a reef and became grounded on Friday night, just three hours into the cruise.
Passengers report mass chaos after the ship crashed and began to list to one side. Muster drills had not yet been held and many passengers have stated that officers were not available to guide them through the evacuation process.
The majority of the ship's 4,200 passengers and crew survived. However, 11 bodies have been found and 24 people are still missing.
The captain of the ship, Francesco Schettino, has been charged with manslaughter, causing an accident, and abandoning ship.
Compensation for Victims of Serious Injury or Death
Cruise ship accident survivors and the families of victims often want to file a lawsuit against the cruise line company to obtain damages for the loss of luggage, medical bills, travel expenses, funeral costs, and mental trauma. However, maritime law limits cruise company's liability in the event of an accident.
According to the Athens Convention Relating to the Carriage of Passengers and their Luggage by Sea, an international maritime law that applies to cruise ships calling on non-U.S. ports, cruise line liability for injuries and deaths is limited to 46,666 Special Drawing Rights per passenger. Special Drawing Rights are an international currency that has a current worth of about $71,000.
Further, because the Costa Cruises line is based in Rome, survivors and victims' families would have to file their lawsuit in Genoa, Italy, and hire an Italian attorney to handle the litigation.
If a ship that is the size of the Costa Concordia had been embarking out of a U.S. port, the cruise line would be liable for $50 million in compensation under a U.S. maritime law that was written in the 1920s. This amount would be split among the injured parties.
Compensation for Survivors
Some legal experts estimate that Miami-based Carnival Corp., which owns Costa Cruises, will only have to offer surviving passengers $500 in compensation for lost luggage, in addition to a refund of the cost of the cruise.
Italian consumer rights association Codacons is seeking a higher amount for passengers, and announced that dozens of Costa Concordia survivors have joined a class action suit against the cruise line.
"Over 70 passengers who were on board the ship have joined the class action initiated by our association," Codacons head, Carlo Rienzi, said. "Our objective is to get each passenger at least €10,000 [$12,773] compensation for material damage and also for ... the fear suffered, the holidays ruined, and the serious risks endured."
If you have been involved in a cruise ship accident, speak to an experienced maritime lawyer for a case evaluation. An attorney can determine if you have a viable case and are entitled to damages.
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