Costa Concordia Shipwreck

[billski]

Do you have experience with maritime law?

What's your point?

 

[legalskier]

I wonder what uninjured passengers will realistically be able to sue for?

"Negligent infliction of emotional distress"- it's recognized here in the U.S., but I'm not sure whether Italy recognizes it. If Italy does, the liability could be substantial.
http://en.wikipedia.org/wiki/Negligent_infliction_of_emotional_distress
Even if it doesn't, American passengers could sue in federal court here (which could exert jurisdiction over Carnival by virtue of its doing business here), then argue that U.S. law ought to apply even though the incident occurred in Italian waters.

Also, an uninjured spouse could sue for "loss of consortium," which Italy probably recognizes: http://heinonline.org/HOL/LandingPa...s&handle=hein.journals/usfm7&div=10&id=&page=

 

[ScottySkis]

http://www.cnn.com/2012/01/25/world/europe/italy-cruise-ship/index.html the Captain admits he was guilty finally

 

[ScottySkis]

http://www.cnn.com/2012/01/27/world/europe/italy-cruise-ship/index.html

 

[legalskier]

Costa Concordia civil lawsuit to be filed in Miami may face legal hurdle
U.S. citizens who were on the Costa Concordia and want to sue may be lost in the sea of fine print written on the back of their ticket vouchers, according to legal experts. *** Included in the fine print on the back of each passenger ticket voucher is a clause stating all lawsuits against the cruise liner must be filed in the country where the company is based. The headquarters for Costa Cruises is Genoa, Italy. *** [However,] "You don’t expect that when you get on this Costa Concordia ship in Rome that you are about to become the next Titanic," Bern said. "Nobody signed a contract," he continued. "They got their ticket" and in doing so, "agreed to those terms and conditions of which they had no knowledge." ***

Read more: http://www.foxnews.com/travel/2012/...in-miami-may-face-legal-hurdle/#ixzz1kgjGgt78

 

[ctenidae]

Costa Concordia civil lawsuit to be filed in Miami may face legal hurdle
U.S. citizens who were on the Costa Concordia and want to sue may be lost in the sea of fine print written on the back of their ticket vouchers, according to legal experts. *** Included in the fine print on the back of each passenger ticket voucher is a clause stating all lawsuits against the cruise liner must be filed in the country where the company is based. The headquarters for Costa Cruises is Genoa, Italy. *** [However,] "You don’t expect that when you get on this Costa Concordia ship in Rome that you are about to become the next Titanic," Bern said. "Nobody signed a contract," he continued. "They got their ticket" and in doing so, "agreed to those terms and conditions of which they had no knowledge." ***

Read more: http://www.foxnews.com/travel/2012/...in-miami-may-face-legal-hurdle/#ixzz1kgjGgt78

Warnings on tickets don't seem to protect ski areas. Why should cruiselines be any different?

 

[bvibert]

Warnings on tickets don't seem to protect ski areas. Why should cruiselines be any different?

I was thinking the same thing.