Costa class action seeking $ 160k per passenger

[Raptor2010]

According to what I have seen on the news, your cruise ticket (a legal and binding contract) specifically prohibits a cruise ship passenger from joining a class action lawsuit, all suits must be filed individually and for this cruise line, they must be filed in Italy.

[Sunkissed Mommy]

Sooo................Are we saying that Costas offer of 30% off a future cruise wasn't enough?

 

 

This is a huge misconception. That was ONE of the pieces of the compensation package for anyone booked on a FUTURE cruise. This was not part of the compensation for the people who were on that specific cruise. The people who were evacuated from the ship are getting a much more comprehensive compensation package. I am amazed that the media is blatantly putting out the wrong information!! Or maybe I am not amazed. They love to lie :(

 

$160,000 seems a bit steep for every passenger in my opinion. We aren't talking about Cunard here- I'm fairly certain that the number of people who lost that much money in personal affects is minimal! This is Costa, a standard cruise line, nothing elite. Now injured and dead, totally different story.

[temple1]

Although the captain who is immediately at fault (as far as we know) will probably be tried in a criminal court, there is no other way to make the corporation who allowed his behavior to endanger the lives of innocent people pay. That is the purpose of "these types" of lawsuits. The actions or lack of actions by a corporation that causes the loss of lives or endangerment of individuals has to be punished.

 

Although our highest court has determined corporations are people, I have no idea how they would put Costa or even Carnival Corp in jail. The next best thing is to sue the pants off of them!

 

As far as tearing up the cruise contract - I doubt anyone who signed the contract with the carrier expected the captain to go joy riding to impress some woman and a retired admiral (from what I've read - could have been something different). So yep, the corporation seriously failed in their half of the contract - safe passage, so that means I should no longer be bound by my part of the contract - accepting whatever amount they decide is fair compensation.

[GXmanDC]

According to what I have seen on the news, your cruise ticket (a legal and binding contract) specifically prohibits a cruise ship passenger from joining a class action lawsuit, all suits must be filed individually and for this cruise line, they must be filed in Italy.

 

Those are really just speed bumps in this type of litigation. A single individual with a complaint would hit that road block and be forced into arbitration. The class action plaintiff attorneys will start by getting that agreement tossed and get the case into a state court, probably Florida. Because there is possibility of a large fee, they can devote many hours of research, writing briefs and arguing to get over those hurdles.

[Raptor2010]

Those are really just speed bumps in this type of litigation. A single individual with a complaint would hit that road block and be forced into arbitration. The class action plaintiff attorneys will start by getting that agreement tossed and get the case into a state court, probably Florida. Because there is possibility of a large fee, they can devote many hours of research, writing briefs and arguing to get over those hurdles.

 

Just read the Carnival cruise ticket "Class Action Waiver":

 

"13. CLASS ACTION WAIVER

 

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES

FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION."

[SECdawg]

I cannot imagine the stress and trauma these passengers went through. If it was truly due to a Costa Captain joyriding to impress his unregistered passengers, Costa should have to pay for the pain and suffering of all of the passengers. He appears to have made some extremely bad decisions and his actions appear to be deplorable. I am not a judge or jury and this will certainly play out in court. I am usually very anti -lawsuit, but if I had been on this cruise I would be the first one in line.

[torpeedo]

I wonder if Costa's Insurance company will cover this loss given the fact that they veered of the normal course and knowlingly went into an area that was not safe for navigation. Sort of like life insurance doesn't cover suicide!

I also don't think $160,000 is too much at all. Some should get more!

[GXmanDC]

Just read the Carnival cruise ticket "Class Action Waiver":

 

"13. CLASS ACTION WAIVER

 

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION."

 

That is a hurdle for the plaintiffs lawyers to overcome. I imagine the plaintiffs will argue that Carnival Corp violated the agreement by steering the ship into rocks. Though the lawyers will say it more eloquently.

 

Ford (and Bridgestone) had similar clauses in their agreements with customers, they spent years and hundreds of millions of dollars defending themselves from the rollovers in a class action. A judge certified the class because of egregious behavior on the part of the companies and saw it was a legitimate claim by the plaintiffs. They settled the class action and ended up still going to court for individual actions.

 

Litigators love to undo contracts.

[Raptor2010]

That is a hurdle for the plaintiffs lawyers to overcome. I imagine the plaintiffs will argue that Carnival Corp violated the agreement by steering the ship into rocks. Though the lawyers will say it more eloquently.

 

Ford (and Bridgestone) had similar clauses in their agreements with customers, they spent years and hundreds of millions of dollars defending themselves from the rollovers in a class action. A judge certified the class because of egregious behavior on the part of the companies and saw it was a legitimate claim by the plaintiffs. They settled the class action and ended up still going to court for individual actions.

 

Litigators love to undo contracts.

 

Oh, I know, the DW works for them ;)

[JMG]

Even those who are not injured lost all of the things they brought onboard,

 

I read that they have a standard procedure for sinkings/salvage of ships. First priority is to get people off the ship. Then secure the ship and get the fuel offloaded. They will also go stateroom to stateroom and gather personal belongings and return them to the passengers. For those that had staterooms that are not waterlogged, there is a chance that they will get their safe contents returned.

 

I do agree, I could not put a price on what trama these people lived through and the potential for nightmares. Lost vacation time seems minor compared to being alive but...it all factors into the total "cost" of this cruise.

[temple1]

Litigators love to undo contracts.

 

Because large corporations spend millions of dollars on corporate attorneys, lobbyists, shopping venues and buying legislators to find ways to not do the right thing for their customers when their actions cause harm.

 

Every day we are losing more and more our Constitutional right to the courts. Even at the local level - small town companies print customer waivers in fine print on the back of receipts so as soon as you sign the receipt on the other side, you have just waived your right to a court hearing and will have to pay for a mediator chosen by the establishment. :rolleyes:

[chrpai]

Oh, I know, the DW works for them ;)

 

Then you should no doubt ask DW about the term 'unconscionability'.

[temple1]

Then you should no doubt ask DW about the term 'unconscionability'.

 

I don't think you have added to the civil conversation we have been having. At home DH worked for a large corporation that made serious mistakes with a medical devise they were sued big time and went into bankrupcy. It is not a topic we discuss because of our widely diverse views.

[baggal]

If I were a survivor, the 160K wouldn't even begin to cover the post-trauma effects due to nearly dying because of the extreme negligence of the captain.

[torpeedo]

That is a hurdle for the plaintiffs lawyers to overcome. I imagine the plaintiffs will argue that Carnival Corp violated the agreement by steering the ship into rocks. Though the lawyers will say it more eloquently.

 

I was wondering about the coverage for the Ship itself, not so much the personal injury liability area. Costa will be out tons of money for the ship.

This could bankrupt Costa.

[sail2sea]

$160k? That's one way to get a house down payment.

 

The amount is way too little for dead or lost victims, but too generous for surviving ones.

[nolimits]

If you did not get back to your cabin to empty safe and all your cloths,You lost that,people are gonna think 160k is a lot .think about it ,You only get half at most.80k does not go far. Travel home, flys , hotels, food,cloths,and what if no passport.No disrespect to those that died or where injured .People who survived did not deserve this incident not accident.I know this if I where a passenger on that ship it definetly wouldn't be my fault.

[mdj101]

I wonder how many people cancelled bookings with this company after this event?

[Tony O]

I do not think the lawsuits will be settled in US courts. I believe this accident faalls under admiralty laws which are a very different set of laws. Also most ships are insured my Lloyds of London as they can absorbe a large payout

[Pushka]

This is a huge misconception. That was ONE of the pieces of the compensation package for anyone booked on a FUTURE cruise. This was not part of the compensation for the people who were on that specific cruise. .

 

That is very much open to debate as to who has been offered the discount.

 

As far as these people were concerned, it was not simply a matter of "being evacuated". They were at risk of losing their lives, they did not know for quite some time that they would be safe. They faced chaos and staff incompetence. They will most likely suffer PTSD and need counselling. The fact that they survived is quite irrelevant to the real fear they faced.

 

Many lost everything, especially those who had been travelling for some time and had made expensive purchases. Michelle from this Board said they had purchased gold from Dubai, silks etc etc.

 

I wonder if the Insurance company will pay out for incompetence.

 

As far as that contract goes, I think it could well be argued that the ship broke the contract when they sailed off the route for no reason of safety.

 

Litigators in a class action usually have their legal fees paid by the other party if they win.

[TEXASMUNK]

Maratime law comes first, Italian courts come second. and then and only then, if the lawyers can get past both of these mountains, will a potential class action suit be possible in the state of Florida.

 

And yes, it is $30 million deductable on the ship.

[jebuell]

I read it was between $150,000 and $1.5million per passenger depending on if they were inured (or, tragically, killed). Not sure how accurate that was, though. It was on my news app and I didn't even look at who posted it.

 

But anyway, $160,000 is nothing if that's all they are given to pay for any future medical care (physical or mental) they need as a result of this incident. And sometimes it can take years to deal with PTSD. I'm not sure if this is the case with this lawsuit, but I know when I was dealing with an insurance company for a settlement it came with a little clause that I couldn't get any more from the company for any future medical care needed.

[nonna5]

I am not going to weigh in on if the amount is enough or not but I would not get in on a class action lawsuit. The only people that will get anything out of that is the lawyers.

 

I do think that most of the crew did their job and were able to evacuate most of the passengers off.

 

The Captain and his two top officers should be held accountable for sure. I think prison time for them is a must. Also I do not understand moving it to the US this happened in Italy and should remain in Italy.

[repo-cruiser]

Because large corporations spend millions of dollars on corporate attorneys, lobbyists, shopping venues and buying legislators to find ways to not do the right thing for their customers when their actions cause harm.

 

Every day we are losing more and more our Constitutional right to the courts. Even at the local level - small town companies print customer waivers in fine print on the back of receipts so as soon as you sign the receipt on the other side, you have just waived your right to a court hearing and will have to pay for a mediator chosen by the establishment. :rolleyes:

The biggest corporation of all and getting even bigger the last 3 years, who has been taking away our constitutional rights is the gov't. Italy has jurisdiction period. Luckily my dw and I have jobs thanks to corporations, who happen to be in the top 5 in the world of most charitable contributions. i know Iknow your not stereotyping all corporations as bad, but you make them out to be horrible people like unions or something.;)

[onyourtoes]

Yes well said. I don't know what the passengers experienced, but also I don't think any one knows who is at fault yet. There is still a lot of investigation yet to be done.

 

 

The captain is at fault. That is why he tripped all over himself to be the first one in a life boat.:eek: More stories are coming out and I'm sure by the time the captain gets on the stand (if there is trial I don't know how these things work) he will testify that he did everything from hold the ship up so people trapped under it could get out to swimming over to the island while carrying each passenger on his back. I'm not trying to make light of the situation, but this guy is a joke and a disgrace to all captain and sailors alike.

 

(off the soap box now :))