Could Lack of Regulation Limit Damages of Costa Concordia Victims?
February 3, 2012 By Allen, Flatt, Ballidis & Leslie, Inc.
Call the Attorney at (866) 981-5596 
Free Consultation
Call the Attorney at (866) 981-5596 Free Consultation
In the wake of disaster on the Costa Concordia, a California congresswoman is renewing her call for increased safety regulations for cruise ships. The Costa Concordia was a cruise liner that ran aground of rocks and capsized after the captain allegedly steered too close to the rocky shore in Giglio, Italy.
Although several passengers were killed and many more suffered personal injury, the extent to which the ship’s captain, owners, and operators are held civilly liable may be limited, in part due to the lack of industry regulation, explains a lawyer.
The Costa Concordia Disaster
A California congresswoman has recently redoubled her efforts to increase cruise line safety regulations following one of the greatest cruise ship disasters in recent memory. The disaster involved the Costa Concordia, a cruise liner owned by Costa Crociere, that ran aground of rocks after the ship's captain allegedly steered too close to the shore in Giglio, Italy. While several passengers were killed and many more suffered personal injury, the extent to which they will be able to hold the ship’s captain, owners, and operators civilly liable may be limited, underscoring the need for greater regulation of the industry, explains a lawyer.
According to The Guardian, the ship was carrying 4,200 passengers and crewmembers and was under the control of a 52-year-old ship captain named Francesco Schettino at the time the incident occurred on January 13. The problems began when Costa Concordia struck a rock on the port side of the ship, causing the ship to begin to fill with water. The ship then began to lilt wildly to starboard, eventually becoming partially submerged. Many passengers were forced to jump ship, and as of January 25, 2012, The Huffington Post indicates that 16 bodies have been found and 17 passengers are still not accounted for.
Live Science indicates that evacuation efforts on the sinking ship were extremely disorganized, which likely contributed to the death toll. First, the efforts at evacuating passengers were delayed as the Captain allegedly denied any problems and passengers were told that the ship was experiencing minor electrical difficulties. When the evacuation did begin, passengers reported that it was every man for himself. Crewmembers spoke little Italian and English and were unable to communicate with the passengers; many were jumping into life boats before the passengers did.
In fact, the captain himself climbed aboard a lifeboat, defying a long-standing seafaring tradition imposing a responsibility on the captain to stay with a sinking ship. According to The Huffington Post, a transcript of the Captain's conversation with the Italian Coast guard revealed that the captain refused orders to return, saying that it was too dark and the ship was tipping. Because of his actions, the Captain faces criminal charges including charges for manslaughter and for abandoning his ship.
Cruise Ship Safety Laws
Unlike the Titanic, which remains the shipwreck responsible for the most passenger deaths, there were a sufficient number of lifeboats on board the Costa Concordia for all passengers aboard the ship. Policies ensuring adequate lifeboats are set by the International Convention for the Safety of Life at Sea (SOLAS) and the U.S. Coast Guard requires that any ship that picks up passengers at U.S. ports be in compliance with SOLAS. Cruise ships may also be inspected by the country in which the ships are registered.
Despite this, however, the Costa Concordia wreck caused the death of numerous passengers, leading to questions as to whether the regulations on cruise ships are sufficient in terms of setting disaster procedures and imposing obligations on captains.
Currently, there are several different laws in the US and internationally that regulate cruise ship safety. One, passed recently and referred to as the Cruise Vessel Security and Safety Act, imposed stringent regulations on cruise ships designed to prevent crimes, preserve evidence and ensure that crimes are reported adequately. According to The Hill, however, this Act does not address the responsibility a ship captain has to his boat.
The responsibilities of a captain are set forth in the International Safety Management Code, but while the Code requires that captains be properly qualified for service, it largely permits ship owners to define the specific duties of a captain. The Code also does not prohibit a captain from deserting a sinking ship, although it stresses that any decision the captain makes must be made in light of his overriding authority and responsibility to make decisions with respect to safety.
In this case, it is apparent that the Captain—who refused orders to return to the ship—did not fulfill his duties. If the allegations against him are true, not only did he abandon ship, but he also caused the disaster in the first place with his reckless and negligent behavior. It is for this reason that he faces criminal charges.
Cruise Ship Liability
Regardless of whether the captain of the Costa Concordia is held criminally liable or not, it is likely that the cruise disaster will create significant civil liability for the captain and for his employer.
Because the captain was acting within the scope of his employment, the cruise ship company will likely be considered to be vicariously liable for his negligence and will be subject to civil lawsuits from victims who suffered personal injury and family members of those who were killed in the accident.
According to Fox News, Costa Concordia has attempted to stave off these suits and settle with victims by offering a full refund and discounts off of a future trip, an offer that has been called insulting by a British passenger. Passengers, understandably, did not accept this settlement offer and Fox News reports that a class action is going to be filed in Miami, with plaintiffs seeking between $150,000 and $1.5 million per passenger.
The Today Show, however, reports that a click-through clause that Costa Concordia passengers agreed to with the purchase of their tickets may affect victims of the disaster. The Today Show segment stated that passengers who purchased tickets on the Costa Concordia had signed a "waiver" as part of a boilerplate contract. According to this waiver, passengers may only bring legal claims against the company in Italy and have a limited time frame in which to do so.
It is clauses such as this one that make cruise ship liability such a difficult field of law, explains a lawyer. This, combined with the limited regulation imposed, can combine to make cruising a dangerous endeavor for residents of California and elsewhere in the world, as those who suffered personal injury and lost loved ones in the Costa Concordia accident may discover.
ABOUT THE AUTHOR: Jim Ballidis
Lawyer and managing partner of Allen, Flatt, Ballidis, and Leslie for more than 25 years, author James Ballidis has written extensively on issues concerning transportation safety and the personal injury claims process.
Copyright Allen, Flatt, Ballidis & Leslie, Inc.
More information about Allen, Flatt, Ballidis & Leslie, Inc.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
The Costa Concordia Disaster
A California congresswoman has recently redoubled her efforts to increase cruise line safety regulations following one of the greatest cruise ship disasters in recent memory. The disaster involved the Costa Concordia, a cruise liner owned by Costa Crociere, that ran aground of rocks after the ship's captain allegedly steered too close to the shore in Giglio, Italy. While several passengers were killed and many more suffered personal injury, the extent to which they will be able to hold the ship’s captain, owners, and operators civilly liable may be limited, underscoring the need for greater regulation of the industry, explains a lawyer.
According to The Guardian, the ship was carrying 4,200 passengers and crewmembers and was under the control of a 52-year-old ship captain named Francesco Schettino at the time the incident occurred on January 13. The problems began when Costa Concordia struck a rock on the port side of the ship, causing the ship to begin to fill with water. The ship then began to lilt wildly to starboard, eventually becoming partially submerged. Many passengers were forced to jump ship, and as of January 25, 2012, The Huffington Post indicates that 16 bodies have been found and 17 passengers are still not accounted for.
Live Science indicates that evacuation efforts on the sinking ship were extremely disorganized, which likely contributed to the death toll. First, the efforts at evacuating passengers were delayed as the Captain allegedly denied any problems and passengers were told that the ship was experiencing minor electrical difficulties. When the evacuation did begin, passengers reported that it was every man for himself. Crewmembers spoke little Italian and English and were unable to communicate with the passengers; many were jumping into life boats before the passengers did.
In fact, the captain himself climbed aboard a lifeboat, defying a long-standing seafaring tradition imposing a responsibility on the captain to stay with a sinking ship. According to The Huffington Post, a transcript of the Captain's conversation with the Italian Coast guard revealed that the captain refused orders to return, saying that it was too dark and the ship was tipping. Because of his actions, the Captain faces criminal charges including charges for manslaughter and for abandoning his ship.
Cruise Ship Safety Laws
Unlike the Titanic, which remains the shipwreck responsible for the most passenger deaths, there were a sufficient number of lifeboats on board the Costa Concordia for all passengers aboard the ship. Policies ensuring adequate lifeboats are set by the International Convention for the Safety of Life at Sea (SOLAS) and the U.S. Coast Guard requires that any ship that picks up passengers at U.S. ports be in compliance with SOLAS. Cruise ships may also be inspected by the country in which the ships are registered.
Despite this, however, the Costa Concordia wreck caused the death of numerous passengers, leading to questions as to whether the regulations on cruise ships are sufficient in terms of setting disaster procedures and imposing obligations on captains.
Currently, there are several different laws in the US and internationally that regulate cruise ship safety. One, passed recently and referred to as the Cruise Vessel Security and Safety Act, imposed stringent regulations on cruise ships designed to prevent crimes, preserve evidence and ensure that crimes are reported adequately. According to The Hill, however, this Act does not address the responsibility a ship captain has to his boat.
The responsibilities of a captain are set forth in the International Safety Management Code, but while the Code requires that captains be properly qualified for service, it largely permits ship owners to define the specific duties of a captain. The Code also does not prohibit a captain from deserting a sinking ship, although it stresses that any decision the captain makes must be made in light of his overriding authority and responsibility to make decisions with respect to safety.
In this case, it is apparent that the Captain—who refused orders to return to the ship—did not fulfill his duties. If the allegations against him are true, not only did he abandon ship, but he also caused the disaster in the first place with his reckless and negligent behavior. It is for this reason that he faces criminal charges.
Cruise Ship Liability
Regardless of whether the captain of the Costa Concordia is held criminally liable or not, it is likely that the cruise disaster will create significant civil liability for the captain and for his employer.
Because the captain was acting within the scope of his employment, the cruise ship company will likely be considered to be vicariously liable for his negligence and will be subject to civil lawsuits from victims who suffered personal injury and family members of those who were killed in the accident.
According to Fox News, Costa Concordia has attempted to stave off these suits and settle with victims by offering a full refund and discounts off of a future trip, an offer that has been called insulting by a British passenger. Passengers, understandably, did not accept this settlement offer and Fox News reports that a class action is going to be filed in Miami, with plaintiffs seeking between $150,000 and $1.5 million per passenger.
The Today Show, however, reports that a click-through clause that Costa Concordia passengers agreed to with the purchase of their tickets may affect victims of the disaster. The Today Show segment stated that passengers who purchased tickets on the Costa Concordia had signed a "waiver" as part of a boilerplate contract. According to this waiver, passengers may only bring legal claims against the company in Italy and have a limited time frame in which to do so.
It is clauses such as this one that make cruise ship liability such a difficult field of law, explains a lawyer. This, combined with the limited regulation imposed, can combine to make cruising a dangerous endeavor for residents of California and elsewhere in the world, as those who suffered personal injury and lost loved ones in the Costa Concordia accident may discover.
ABOUT THE AUTHOR: Jim Ballidis
Lawyer and managing partner of Allen, Flatt, Ballidis, and Leslie for more than 25 years, author James Ballidis has written extensively on issues concerning transportation safety and the personal injury claims process.
Copyright Allen, Flatt, Ballidis & Leslie, Inc.
More information about Allen, Flatt, Ballidis & Leslie, Inc.
View all articles published by Allen, Flatt, Ballidis & Leslie, Inc.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
