Yesterday, the Guardian newspaper in London reported that Carnival Cruise Lines has initiated discussions regarding compensation for survivors of the recent Costa Concordia shipwreck. This development raises concerns that Carnival may be trying to quickly settle claims with survivors and the families of the deceased before they retain legal representation. Such practices are common in maritime cases where vessel owners and their insurers seek to resolve claims swiftly, potentially before all facts are fully uncovered and survivors can pursue the full compensation they may be entitled to under maritime law.
The tragedy, which claimed at least 11 lives with 21 passengers and crew still missing, has left survivors traumatized and grieving families searching for answers. According to the Guardian, prosecutors are actively investigating why it took over an hour from the moment the Costa Concordia struck a rock to the time the order to abandon ship was given. There are serious concerns that this delay may have contributed to the loss of life.
Delayed Evacuation and Financial Concerns
The investigation is centered on whether the ship’s captain, Francesco Schettino, failed to understand the severity of the damage or whether Costa Cruises, a subsidiary of Miami-based Carnival, delayed the evacuation to avoid the substantial financial losses associated with abandoning the ship prematurely. If financial considerations did play a role in delaying the evacuation order, this could provide grounds for punitive damages under maritime law. Punitive damages are awarded in cases of callous, willful, or outrageous conduct, and delaying the evacuation for financial reasons would certainly meet those criteria.
Carnival Shifts Blame to Captain Schettino
In its initial response to the disaster, Costa Cruises has attempted to place full responsibility on Captain Schettino, alleging that he deviated from the approved course to perform a “salute” to the island of Giglio. Costa Cruises’ chairman stated that the captain had not received permission to alter the ship’s route, reportedly as a tribute to a retired skipper who lived on the island.
However, new evidence has surfaced indicating that this “salute” practice may have been more widespread. An entry on Costa Cruises’ own blog describes how the Costa Concordia, under Schettino’s command, passed close to the island of Procida in September 2010. The blog entry celebrated the event, highlighting the excitement it generated among islanders, tourists, and passengers on board, who waved flags and snapped photos as the ship made its close pass.
Questioning Costa Cruises’ Practices and Accountability
The revelation of another “salute” raises serious questions about whether such practices were unofficially encouraged by Costa Cruises. The London maritime daily Lloyd’s List further called into question Costa Cruises’ assertion that the ship should not have passed within 500 yards of Giglio. Using tracking data, Lloyd’s List published a map showing that the Costa Concordia came within 230 meters of land, right at the point where it struck the rocks.
Given this information, it is becoming increasingly clear that Costa Cruises, as a subsidiary of Carnival Cruise Lines, may have been negligent in several critical ways:
- An Incompetent Captain: The decision to place an inexperienced or unfit captain in charge of a massive cruise liner like the Costa Concordia suggests a failure of oversight on the part of the shipowner.
- Encouragement of Dangerous “Salutes”: The practice of maneuvering close to land for the purpose of saluting islands, while exciting for tourists, presented serious risks. Costa Cruises appeared to not only tolerate but actively encourage this practice, putting the lives of passengers and crew in danger.
- Lack of Safety Drills: It has come to light that no abandon ship drill was conducted at the beginning of the voyage. Such drills are crucial for preparing passengers and crew to act quickly and efficiently in the event of an emergency.
- Delayed Abandon Ship Order: The most concerning allegation is that the order to evacuate may have been delayed due to financial concerns. If this is proven, it would demonstrate a reckless disregard for human life in favor of profit.
Legal Implications and Punitive Damages
The Costa Concordia disaster is likely to result in a significant number of claims for compensation under maritime law. However, for punitive damages to be awarded, claimants will need to prove that more than mere negligence was involved. Punitive damages are typically reserved for cases where the conduct is willful, reckless, or displays an indifference to the safety of others.
Early reports suggest that there may be grounds for punitive damages in this case, especially if it is shown that financial considerations influenced the ship’s response to the emergency. Additionally, under maritime law, there may be an attempt to limit the shipowner’s liability, a common practice following major disasters. Breaking this limitation of liability, however, would require evidence of gross negligence or willful misconduct—elements that may be present based on the available facts.
Looking Forward
As investigations into the disaster continue, survivors and the families of the deceased should be cautious of any quick settlement offers. The full scope of the shipowner’s liability may not yet be known, and claimants are likely entitled to far more compensation than initially offered. Further investigation into the actions of both Captain Schettino and Costa Cruises is crucial in determining the extent of negligence or misconduct.
For survivors and families seeking legal guidance, retaining experienced maritime attorneys will be essential to ensuring that their rights are fully protected and that they receive the compensation they deserve for their losses and suffering.
BOATLAW, LLP, a law firm with extensive experience in maritime personal injury and wrongful death cases, is closely monitoring the developments surrounding the Costa Concordia disaster. Our team is available to provide free consultations to survivors and families affected by this tragedy, offering expert advice on their legal rights and potential claims. We can be reached at 1-800-BOATLAW (262-8529) or through our website at www.boatlaw.com.
