2015
Carrier Liability
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on overcrowded ships. 9 Until recently, there were only rules
in place aimed at preventing the loss of human lives. 10 What
was missing until now was an effective system to
compensate victims and their families.
Soon after the event, the Costa Concordia disaster
resulted in numerous lawsuits and legal action. Lawsuits
were filed against the Miami-based Carnival Cruise Lines, the
parent company of Costa Crociere ("Costa") 11 —the carrier
who operated the Costa Concordia 12 —with the expectation of
facing large-scale litigation 13 and a large number of claims. 14
Yet, the contract between Costa and the passengers of the
doomed vessel was anything but conducive to claims by
victims or their relatives:
9 M. N. Tsimplis, Liability in Respect of Passenger Claims and its Limitation,
15 J. OF INT'L MAR. L. 125,125 n.l (1964).
10 See e.g., Int'l Mar. Org., International Convention for the Safety
of Life at Sea (SOLAS), 1974, available at
http://www.imo.org/ About/Conventions/ListOfConventions/Pages/1
nternational-Convention-for-the-Safety-of-Life-at-Sea- % 28SOLAS % 29,-
1974.aspx (last visited Sep. 4, 2015).
11 John Schwartz, Cruise Lines Use Law and Contracts to Limit Liability, N.Y.
TIMES (Jan. 18, 2012),
http:// travel.nytimes.com/2012/ 01/19/world/europe/cruise-lines-use-
law-and-contracts-to-limit-liabihty.html?_r=0.
12 Id.
13 Andrew Longstreth & Tom Hals, Lawyers Jump Into Cruise Ship Disaster
Cases, INS. J. (Jan. 30, 2012),
http:/ / www.insurancejournal.com/news/national/ 2012/01/ 30/233126
.htm.
14 Curt Anderson, U.S. Lawsuits Target Carnival in Italy Cruise Crash, INS. J.
(Sept. 13, 2012),
http:// www.insurancejournal.com/news/international/ 2012/09/13/26
2902.htm.