Costa Concordia Company May Try to Cite Athens Convention

Recent events off of the Giglio, Italy coastline have forced the cruise ship industry—as well as thousand's of potential travelers—to reconsider the safety of heavy luxury liners. While investigations into the Costa Concordia incident and related deaths are far from complete, it is already known that a sudden course change is responsible for the destruction of the giant luxury liner. In addition, early reports indicate that the slow evacuation of the ship contributed to the injuries and deaths of passengers. This tragic incident is a stark reminder that the cruise industry is run by human beings, and is therefore vulnerable to human error.

Naturally, as is always the case with large man-made disasters, the discussion will eventually turn from search and rescue to liability and damages. However, maritime law and personal injury attorneys representing the passengers may have a difficult time pursuing their clients' claims in local venues. This stems from the fact that most cruise ship companies attempt to limit their liability by mandating passengers to waive certain legal rights as a condition of passage aboard their vessels. The tickets that passengers purchase for passage on cruise ships will typically act as contracts. Among other terms, cruise industry tickets often bind the passengers to pursue their legal claims only in certain jurisdictions. For instance, in the case of the Costa Concordia, the tickets may require suits for damages to be brought forward in Genoa, Italy. However, the Genoa Italy venue clause would not be enforceable if the ship began the voyage and embarked its passengers in the United States. There are U.S. statutes that protect passengers embarking on cruises in U.S. ports that limit the ability of the cruise ship companies who otherwise would select foreign venues or attempt to limit damages through the Athens Convention. In the case of this disaster, the passengers began the cruise (first boarded the ship) in a country other than the U.S., and therefore the cruise ship operators will probably be able to enforce venue selection clauses for venues in foreign lands. They will also be able to try and limit damages under the Athens Convention.

In the case of the Costa Concordia passengers, the plaintiffs' attorneys may argue that the Athens Convention doesn't apply because the agents of the cruise line were reckless in running the enormous vessel into the ground and subsequently breaching the hull. Whether this strategy will be successful may depend on the venue in which the case is tried. And while this accident may eventually be determined to be an egregious error on the part of Costa Crociere, the ocean liner company will undoubtedly try to use the Athens Convention as leverage to mitigate liability.

The first step for surviving passengers or the family members of those deceased in the Costa Concordia shipwreck is to seek the advice of a qualified, reputable maritime law attorney who handles shipboard personally injury cases.