Victims of the Costa Concordia Cruise Liner accident are wondering whether or not they can file a lawsuit and claim damages in the United States, given the fact that the ship is owned by Carnival Cruise Lines here in the United States. Reportedly, there were 125 passengers on board. The passage contract for the Concordia Cruise Ship specifies Italy as the venue for any litigation, but these passage contract venue provisions are subject to challenge in court. Given the relative large number of U.S. passengers reportedly on board, 125, it is extremely likely that this issue will come up before a U.S. Court in Miami, Florida. It may be extremely inconvenient and cost prohibitive for United States victims of the cruise liner accident to file their cases outside the United States. It may also be more convenient to litigate in Miami, Florida, where Carnival typically specifies venue for these cruise ship accidents, given the large number of United States victims who will be seeking compensation and damages, including potential punitive damages, for what appears now to be, at a minimum, gross negligence, reckless disregard for safety and perhaps even intentional misconduct by the captain, Francesco Schettino.
If you have a question about your rights as a passenger who was on the Costa Concordia Cruise Ship, contact one of our cruise ship attorneys for more information. An experienced cruise ship lawyer can help you understand:
- What your rights to compensation may be as a victim of the Costa Concordia Cruise Line disaster.
- Whether or not you have to suffer a physical injury in order to receive compensation and damages.
- What constitutes a “physical injury” under maritime law, and whether or not that provision in the passage contract is enforceable?
- The potential punitive damages which you might be able to recover as a result of the gross negligence, reckless and potentially intentional misconduct by the captain and crew.
- Where your case may be filed, albeit, Italy or Miami, Florida.
- What your rights as a family member may be if your loved one died on the Costa Concordia Cruise Ship as a result of the listing and eventual sinking of that vessel.
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