The captain of the Costa Concordia appeared in a pre-trial hearing this week, and almost every headline characterized him as being in a "fighting mood." The cruise line veteran admitted to making mistakes, but, according to his attorney, he wants to make sure responsibility for the crash and the 32 lives lost is shared among all who were to blame.
The captain is accused of maneuvering the ship too close to the shore of an island off the coast of Italy for a "salute" to officials there. He says that he did, but he also says that it's a common practice among the Costa fleet. And, he says, he was able to steer the ship into shallow water in order to avoid the loss of more lives.
Another theory of the crash was floated at the hearing: The generator equipment was not operating properly. Because the hearings were closed, though, the details are a bit sketchy. It is not clear if the alleged malfunction could have contributed to the crash, contributed to the delay in calling for help or both.
At the same time, parent company Carnival Corp. is facing a mounting number of lawsuits from passengers and businesses blocked by the grounded ship. The American company continues to insist that the Italian line is a separate corporate entity; as a result, Carnival says, all legal actions should be filed in Italy.
For the passengers, the prospect of trying the cases in Italy is disheartening at best. First, says one attorney, the clients will have to pay for representation out of their own pockets, because Italy does not allow contingency cases. Noneconomic damages, too, are more difficult to collect, and many passengers have been traumatized by the events of Jan. 13.
The businesses affected by the accident have another concern: Italian law does not allow class action lawsuits.
Sources:
NBC News, "Experts: Costa Concordia equipment may not have been working before crash," Oct. 21, 2012
Insurance Journal, "U.S. Lawsuits Target Carnival in Italy Cruise Crash," Curt Anderson, Sept. 13, 2012
Our firm helps people who have been injured in accidents like the Costa Concordia sinking discussed in this post. If you would like to learn more about our practice, please visit our Huntsville, Alabama, personal injury and wrongful death page.
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