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Full text: Carrier liability for damages incurred by ship passengers

2015 
Carrier Liability 
195 
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.
	        
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