January 19, 2012: Cruise Lines use Laws and Contracts to limit liability.
Codacons, an Italian consumer and environmental group, has announced that it is preparing a class action lawsuit against Costa Concodia , the ship that ran aground off the coast of Giglio, Italy. More than 70 passengers of the ship have signed on as plaintiffs thus far.
The New York Times reports that Costa Concodia’s parent corporation Carnival Cruise Lines, will not be easy to file suit against because of limitations in international law and carefully worded contracts. These contracts are accepted when tickets are purchased and protect the company from liability by limiting the time in which incidents must be reported and time in which lawsuits may be filed. These limits can be set aside in cases of egregious acts by the vessel’s owner.
Carnival Cruise Lines, the owner of the vessel, places the blame on the Captain who they believe disregarded his duties without them having knowledge of what was happening. According to the New York Times the cruise ship injury attorney for the plaintiffs argues “Besides, in an age when ships are in constant communication with their owners, the company should not be able to argue that it had no idea what was going on.” These issues will have to be hashed out by both sides as litigation begins and the responsibility/blame is placed on the shoulders of whom it belongs.
If you or someone you know has been injured or lost their lives in this tragic accident, you should immediately seek advice from a personal injury lawyer that is experienced in handling cruise ship accident cases. For a free consultation with such an attorney, complete the form to the left or call 212-566-1000. Based in New York City, Sullivan & Brill, LLP represents clients [throughout the United States as well as] in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Suffolk County, Westchester County as wells as other upstate New York counties.

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