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On January 16, 2012, the Costa Concordia cruise ship, with more than 4200 passengers and crew on board, ran aground and capsized off the Italian island of Giglio, killing at least 11 people and injuring hundreds more. The harrowing scene of the stricken luxury liner, partly submerged in more than 65 ft. of water, immediately drew obvious comparisons with the 1912 Titanic disaster.
In the aftermath of this recent tragedy, questions remain unanswered and have led many to ask: What legal rights do injured passengers and bereaved family members have? And to what extent are the Costa Concordia's owners, Carnival Cruise lines, and its Captain, Francesco Schettino, accountable?
It does appear, at this early stage of investigation, that gross negligence, recklessness or willfulness may have caused the Cost Concordia to sink—meaning that all of the ship's passengers and crew could have valid legal claims against the operators and owners of the vessel.
The most likely place passengers will be required to file a lawsuit is in Italy, although it may be possible for U.S. Citizens and permanent residents and their families to file lawsuits in the United States. Similar to other maritime accidents, the issue of liability and venue in the Costa Concordia case is complex. The issue of jurisdiction, venue, and the extent to which a country's laws will govern any potential legal claims depend on a variety of factors—including the exact wording contained in the terms and condition of sale, which were issued with each passenger's ticket. The fact that the Costa Concordia did not call in an American port is a factor that may require lawsuits to be brought only in Italy. Also, the applicability of the Athens Convention may potentially limit a passenger's recovery and venue, although the fact that the shipwreck may have been caused by reckless and willful actions of the Captain may void such limitations.
Individuals affected by the Costa Concordia disaster should contact an experienced cruise ship injury attorney as soon as possible, as any delay could result in the loss, damage or destruction of evidence that could help establish a case. In addition, statutes of limitations and other legal conditions put strict time limits in place by which notices or lawsuits must be filed.
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