Costa Concordia: Passengers Could Seek 1m Euros In Damages Each In Class Action Lawsuit

Costa Concordia

Huffington Post UK   First Posted: 21/01/2012 13:09 Updated: 22/01/2012 16:47

More than 100 passengers of the stricken cruise liner that crashed off the Tuscan coast last week are to sue the owners of the ship.

The 114,500 ton ship crashed on rocks off the island of the island of Giglio on Friday 13 January.

At least 11 people died in the disaster and some 21 are still missing.

Costa Cruises is owned by an American-based company, Carnival Group. The class action suit will see survivors seeking more than £100,000 each, it has been reported.

At least one British passenger is also attempting to sue after losing her husband's ashes in the disaster.

The BBC said that papers will be lodged in a Miami court next week by two law firms based in the US, who are working with the Italian consumers group Codacons.

Some of the passengers could seek up to €1m, said Mitchell Proner, a lawyer with one of the firms involved in the class action, Proner & Proner.

Comparing the disaster to the Titanic in an interview with the BBC, he said:

"At the time of the Titanic it might have been easy to say that radars didn't exist. Nowadays, with all the technology, it isn't. There had to be a failure in the system that allowed this to happen."

Costa Cruises has blamed the ship's captain, Francesco Schettino, for the disaster. According to reports he attempted to hide the severity of the situation from his crew and company bosses.

Sky News sources reported that the captain of the ship reportedly told the ship's owners that he had "messed up" after the crash.

Accoding to the Press Association, chief executive Pierluigi Foschi told Italian state TV that the company spoke to the captain at 10.05pm, some 20 minutes after the ship ran aground, but could not offer proper assistance because the captain's description "did not correspond to the truth".

Captain Schettino said only that he had "problems" on board but did not mention hitting a reef. Foschi also said crew members were not informed of the gravity of the situation.

Currently suspended in 20 metres of water, the divers and rescuers are still searching for survivors on the Costa Concordia.

Fears grow for the Costa Concordia itself, as the massive ship threatens to shift from the rocky outcrop where it ran aground.

Italians have continued to make emotional appeals for rescuers to continue searching for the 21 missing passengers one week since the cruise ship ran aground close to the Italian island of Giglio.

On Saturday morning the Italian navy blew new holes into the side of the ship to search previously unexplored parts of the vessel under the water line.

Members of the public have been making heartfelt pleas on social network sites and on national TV, mostly focusing on the plight of five-year-old Italian girl Dayana Arlotti who is missing with her father William Arlotti.

Only after the search has been called off can salvage crews begin pumping some of the 2,300 tonnes of fuel out of the vessel. If the ship slides and the fuel tanks are wrenched open it could cause a major environmental disaster.

There were also unconfirmed reports on Saturday that light fuel is already leaking into the sea.

It is expected to take at least two weeks to pump the oil out of the ship's 17 tanks. If it slides off the rocky shelf it could sink many more metres, which will not only make the operation more difficult but will threaten marine life in the clear waters surrounding the island.

The sea around the Tuscan archipelagoes is renowned for its dolphins, coral and sea life.

Earlier a video emerged which appeared to show the crew telling passengers standing scared in life jackets that everything was fine and to go back to their cabins.

The woman says in Italian:

"We would like to make an announcement in the name of your Captain. We kindly ask you to return to your cabins, or if you wish, to stay around the lounge area.

"As soon as we will be done fixing the problem we have with the electric generator, everything will go back to normal. If you wish to stay here, it's ok, but I am asking you to return to your cabins and remain calm and seated.

"It's all under control."

The Captain and the crew aboard the Costa Concordia have been criticised for not beginning an evacuation of the ship sooner. It is difficult to ascertain whether it was wise advice telling passengers to go further into the depths of the ship, when water had already begun leaking into the boat.

British Expat Sandra Rodgers, who is to begin legal action against the cruise liner company Costa Cruises said "Thank God we didn't do as they had told us as we may not have made it off the ship alive."

Criticism has also been levelled at the company after audio between port authorities and the Costa Concordia reveals that crew said they were facing a "blackout." At the time of the recording, the cruise liner had already crashed into the rocks, and had begun to take on water.

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More than 100 passengers of the stricken cruise liner that crashed off the Tuscan coast last week are to sue the owners of the ship. The 114,500 ton ship crashed on rocks off the island of the isla...
More than 100 passengers of the stricken cruise liner that crashed off the Tuscan coast last week are to sue the owners of the ship. The 114,500 ton ship crashed on rocks off the island of the isla...
 
 
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10:04 on 23/01/2012
The reports of 'unreported passengers' on board speaks volumes for how this company ran its affairs. Presumably they had no problem taking their passage fees from them. I just hope and pray that the captain is not the only one who takes 'the fall'. His bosses hired him let's not forget.. Perhaps there may even be some sort of 'silver lining' to this tragedy. This being a complete overhaul and tightening of - including regualr inspections to ensure compliance - the regulations conc safety and checking of passenger lists. Something similar occurred after the Herald of Free Enterprise tragedy..
07:54 on 23/01/2012
I am looking forward for the resolution, I have a feeling you do too.

And I hope the captain will say something... the lawyers maybe stopping him... but because people died how can he forgive himself for abandoning his ship.. , it was a very tough call for him. I believe he didn't become a captain for nothing..

The accident happened already, it's done. The captain must say something, The company must take care of the victims and this whole thing must not take long enough to accomplish. It's just money, the rich accumulated enough, it will not hurt them that much if they let go a little bit of what they have.
22:47 on 22/01/2012
I don't like the compensation culture we have these days, nor blood money.
07:57 on 23/01/2012
Me too.. Many think that money can overturn guilt, buy justice, forgive sins, resolve issues, buy dignity and future, elminate fears.... I think money only does one thing, buy tangible things.
18:00 on 22/01/2012
Great!...Hope they get to sue their negligent hindquarters off !
Was there ever a more cavalier cruise line?
And by the way...the bravura island passes seem to have been regular policy to thrill the passengers. So the company is fully complicit in this and guilty.
The company's attemp to pass the buck by placing full blame on the captain is transparent irresponsibility.
They hired him to run their ship...so they get the burden of responsibility.
Lets see how this works out in the ongoing comic opera of Italian court.
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Norman Mitchison
15:29 on 22/01/2012
As the ship was off course ,due to the Captain trying to impress the islands inhabitants , has he invalidated the ships insurance cover. Insurance companies are famous for wriggling out of claims when possible,and on the face of it, would appear to have good reason for refusing to pay out.
08:09 on 23/01/2012
The captain may have well been showing off and I am no fan based on what I have read.

However there is also a growing chorus that this behavior is nothing new in the cruise industry. That the cruise companies have been turning a blind eye or encouraging these close sails by because it is good marketing for the company and as a entertainment for the passengers.
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majesticjkr
Always look on the bright side of life
15:09 on 22/01/2012
Yes well, a bit of money to all passengers would be the first step, the quicker the payout the better, people need the cash to take away the pain. dont forget the childeren, and the familys of the dead and lost need that bit more,
12:45 on 22/01/2012
Wow sounds like they need to call of the search asap and worry about the more damaging in the long run potential oil spill.
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majesticjkr
Always look on the bright side of life
15:04 on 22/01/2012
Your not a parent them.
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majesticjkr
Always look on the bright side of life
15:06 on 22/01/2012
Your not a parent then. my lazy finger again,
12:43 on 22/01/2012
"At the time of the Titanic it might have been easy to say that radars didn't exist. Nowadays, with all the technology, it isn't. There had to be a failure in the system that allowed this to happen."

I doubt there was any failure in any system as such, far from it an over reliance on technology which led the captain, and perhaps Costa, to believe they could sail a huge vessel in shallow waters close to rocks with impunity, just for the sake of PR. Showing off was the failure, followed by shame and shock probably leading to further appalling decisions by the Captain.

However, lets not forget that all but a handful of passengers did get off - was it good fortune or did someone make a correct decision to beach the vessel? If it had gone down in deep waters many more may have died - there is a lot we don't know yet.

As for the coffin chasers, they sicken me. The lawyers will be the big winners. Appropriate compensation is right and proper but it will be Joe Public who will be the long time loser from US style unbridled compensation culture.
11:23 on 22/01/2012
This has been a terrible event and my heart goes out to all those who have lost families. However I am sickened by the fact that some survivors had immediatly lodged for compensation. For goodness sake have the decency to be thankful that you survived and wait until all the facts are in. What a world we live in when people rush for compensation at the earliest opportunity with no thought of those who have died or are missing. Wake up people
12:52 on 22/01/2012
Totally agree. A very sad situation all round. I wonder what sort of compensation the passengers of the Titanic received! Why does a awefull situation like this demand money after the event.
18:13 on 22/01/2012
Because their lives were negligently placed at risk by a grossly uncaring business giant!
Money damages are the only thing these mega corporations respond to.
It is the only way to punish them as well as getting them to clean up their act.
Their damage control people are already trying to minimize the incident.
They totally deserve whatever they get!(Can you say Miami Heat?)
08:05 on 23/01/2012
We have to hope the Italians will manage a fair and transparent investigation with out murky influences to the findings. I hope they will report on a suggestion that has been put out that the Company delayed the evacuation out of fear to the cost of taking everyone off the ship and they did not need to. It has been reported that the formula is $10,000 for each passenger plus charges from local authorities.

Many people are viewing the passengers as greedy but until the above issue is investigated and either confirmed or rejected we don't know if Costa may actually have been way more money greedy than they are. It would be unforgivable if they in fact delayed evacuation and calling the local authorities because of this.
08:13 on 22/01/2012
How much money will the 12 passengers get that died?
12:45 on 22/01/2012
Their relatives will be set up for life, I suspect. But can it really compensate? Hard for me to say, thankfully!
00:12 on 22/01/2012
It's an American company to blame, therefore, I'd expect multi-million dollar payouts.
12:53 on 22/01/2012
Is it? Costa is an Italian based and managed company owned by Carnival. It would be interesting to know to what extent Carnival was involved in day to day management. Yank bashing is all well and good, but lets not allow the culpable fools running Costa to hide behind Carnival. If it were P&O or Cunard, both Carnival Companies, would we all be so quick to blame the Americans? Sure, multimillion pay outs can be expected, especially for lawyers! I wonder if the same applies if we are poisoned by Cadbury, can we sue Kraft in USA?
21:57 on 22/01/2012
Carnival Corporation & plc is a global cruise company and one of the largest vacation companies in the world. Our portfolio of leading cruise brands includes Carnival Cruise Lines, Holland America Line, Princess Cruises and Seabourn in North America; P&O Cruises, and Cunard Line in the United Kingdom; AIDA in Germany; Costa Cruises in Southern Europe; Iberocruceros in Spain; and P&O Cruises in Australia.

Blame was the wrong word - I meant they have ultimate corporate responsibility and I would guess US courts are more likely to award high compensation than European ones.
23:59 on 21/01/2012
I think that is way to much money for someone who survives a boat sinking. No matter the fault. As for the people dead...their families have something to sue for that much.
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Abdul Nabi
Some zingers are funny, some aren't
20:14 on 21/01/2012
Indeed this was clear gross negligence (multiple accounts) and the company (Carnival) is responsible... frankly the damages should be full and punitive and wouldn't even mind if this put Carnival into bankruptcy as a message that this kind of negligence will not be tolerated (yeah let's see a big company held responsibly)
10:58 on 22/01/2012
Sure... and so what heppens is that in future, the same people calling for such frankly greed inspired damages, will be the same people complaining that we've become a compenation culture where only lawyers get rich in the long run...which is fine, if you are in fact a lawyer.. I've yet to have it explained to me, how money can compensate trauma (however slight). Me, I'd just be glad to know my family had survived, but then I'm not an avericious, materialistic robot.
14:05 on 22/01/2012
Punitive damages are an American tradition; it does not work in Europe.
Putting Carnival into bankruptcy means putting a lot of innocent people out of work.
15:40 on 21/01/2012
Before they have even retrieved the remaining missing bodies of those that tragically perished in this disaster there are those that are thinking about how much money they are going to start shouting for.
Fair enough they are entitled to compensation but this is not the time.
It is insensitive, and typical of this blame culture we now all live in.
Why not wait until all the facts are known?
Why not wait until all those poor souls who had their lives taken from them are found and laid to rest.
Why not just be eternally grateful you lived to tell the tale?
14:25 on 21/01/2012
So they should. Based on what we have seen from the photos and videos - for the surviving passengers the situation was horrific. Many of these people are likely to suffer lasting psychological damage.

I was enraged by the reports of two elderly Germans, who are now listed as missing, having been allegedly turned away from a life boat because it was 'for staff'. They were reported to have been last seen being swept away as they tried to find another lift raft. If this is true then it is unforgivable.

I want to know what life boat the blond Moldavian got on ? The one who said to the media - the passengers were like sheep they didn't know what to do. Of course she got off okay on a lifeboat - the Italians need to answer whether or not it was because of any kind of 'special relationship' with crew, that clearly the elderly and missing Germans did not have.