Articles Tagged with “Costa Cruise Lines”

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The District Court for the Southern District of Florida just issued an Order granting Carnival Corporation’s motion to dismiss a personal injury claim stemming from the Costa Concordia tragedy of January 2012.

costa concordia 100.jpgThis decision marks the first of its kind pertaining to a personal injury claim brought in Florida against the cruise line. In this case, several plaintiffs from Massachusetts filed a lawsuit in the Souther District of Florida against the operator and owner of the Costa Concordia (Costa Crociere, Costa Cruise Lines, Carnival Corporation, and Carnival Plc).

Judge Dimitrouleas rendered a 23-page decision which dismissed the plaintiffs’ personal injury claims, asserting in no uncertain terms that the Court was “thoroughly convinced that dismissal in favor of an Talian forum is proper.” The Court motivated its decision after “having carefully considered the balance of the factors against the strong pesumption in favor of Plaintiffs’ choice of forum.” In the end, every single factor weighed in by the Court tilted in favor of the Defendant.

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This week in Rome, court-appointed experts have presented their 270-page analysis on what truly happened on the evening of January 13, 2012, which saw the cruise liner Costa Concordia hit rocks off the Tuscan island of Giglio and finished its course beached on its size. As a result of a series of the captain’s reckless decisions and Costa Cruise Lines’ incompetent employees, 32 people died that night.

concordiarecent.jpgYou can read Cruise Ship Lawyers Blog’s entire account and article on the incident of Costa Concordia here.

The court overseeing the criminal investigation in Rome, Italy, had named and ordered several experts to review the audio and navigational data extracted from the ship’s black box. On Thursday, experts turned in their extensive report to the court, which was leaked the same day in the Italian press.

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The fate of Captain Francesco Schettino of the doomed Costa Concordia cruise ship seems more and more certain with each new piece of evidence is released by the Italian prosecutors.

Cruise Ship Lawyers Blog has covered this incident from the beginning. At first, it was confirmed that Captain Schettino abandoned his ship before all cruise passengers were rescued and safe. Then, the investigators revealed that the Captain delayed the evacuation of the ship and caused the disappearance of more than three dozens of passengers.

The black box of the Costa Concordia was recovered not long after the tragedy took place and members of the public are now being shown what happened on the bridge of the ship as tragedy occurred.

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We began reporting on the Costa Concordia as soon as the tragedy occurred on Friday, January 13th, 2012. That night, thousands of passengers lived through a collective nightmare which ended in the most blatant mishandling of an emergency aboard a large cruise ship since the Titanic. Every single passenger aboard the Costa Cruise thought they were going to die at sea. Ultimately thirty-two passengers perished that night.

Four passengers currently in litigation provided a unique insight into what passengers aboard a stranded and sinking cruise ship were thinking and experiencing. What became crystal clear is the breakdown in communication and level of negligence displayed by Costa Cruise Lines employees of all rank.

Our four passengers were traveling together as a group and thankfully escaped the sinking ship. All four owe their luck to self-reliance and the common-sense of ignoring what Costa Cruise crew members were ordering passengers to do.

At approximately 9:00 p.m., all four friends met for dinner in the fourth floor dining room, where they were seated at the lower level. Shortly after they sat down, the ship suddenly tilted to one side, knocking over some glasses and plates. Everyone, passengers and crew-members alike, was stunned, however, within a couple of minutes, the restaurant patrons were assured by the dining staff that there was no problem.

Only minutes later, the ship sharply tilted to an extreme angle, sending all of the dishes and food on their table to the floor. This scene was replayed across the entire dining room as dishes and plates went flying everywhere. The angle of the ship was so severe that even tables were sliding across the floor, bringing to their minds the movie scenes of the sinking Titanic, which was the only cruising experience three of them had at the time.

Massive panic in the dining room broke out as families and friends attempted to protect children and loved ones and to make their way to safety through the chaos without any help from the staff.

After receiving no assistance or instruction from the staff, our group of friends quickly determined that they could not rely upon the ship’s personnel and would have to take the appropriate steps to save themselves. Remembering having seen life jackets in their closets, they fought their way through the flying china, furniture and panicking passengers out of the dining room, further impaired by the severe angle of the ship, which had also caused water to flood out of the galley on to the floor. After escaping from the dining room, one of the four friends became separated in the madness from the other three, who managed to stay together until the end.

The now smaller group fought its way through the maddening crowd of screaming, running and panicked passengers. One of them, a female passenger, slid in water which flooded out of the galley, turning the polished floor in the foyer outside of the dining room into an ice rink. As she slid across the tilted foyer, she only came to a stop after bashing into a metal column in the center. After someone helped her up, she continued to run through the chaos in an effort to catch up with her two other friends.

As they continued to run toward their cabins, they were all terrified and feared that the ship was going to sink. Since none of them were good swimmers, they all were afraid that if they had to jump overboard without a life jacket, their chances of survival were poor.
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Since the tragedy of the Costa Concordia occurred last January off of the coast of “Isola del Giglio”, Costa Cruise Lines has been in a public relations storm that seems never-ending.

Captain Francesco Schettino, the ultimate responsible person aboard the sinking ship, was arrested the day following the events.

This week, the Court of Cassation, the highest court in Italy, confirmed the lower court’s decision to maintain a house arrest order against Schettino. The decision is motivated by several factors that we have discussed in prior articles. Mainly, the Cassation’s judges believe that Schettino has shown little resilience in performing command function or in handling responsibility for the safety of persons under his care. The decision further explains that the Captain of the cruise liner proved to be unable to manage a crisis and to ensure the safety of his passengers and crew (by abandoning ship) and that there would be a risk of a repeat of the disaster if he were given command again. Ultimately, the Court of Cassation seems to agree with the criminal charges Schettino is now facing, which include multiple manslaughter, causing the accident, and abandoning ship.

As a result of the very public downfall of Captain Schettino, Costa Cruise Lines’ public relations’ policy has been very clear. Blame Schettino for his extraordinarily dangerous decisions as Captain and hope to deflect any and all responsibility from the cruise line company. That strategy might have worked initially, but new found information reveals that Costa Cruise may have a systemic problem at hand when it comes to safety practice.
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