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Subscribe to RSSThe company that owns the Costa Concordia is offering $14,460 per passenger to cover the cost of cruise tickets and travel expenses, but many passengers have declined the deal. NBC's Brian Williams reports.
Updated at 2:35 p.m. ET: ROME -- Passengers who were on the Costa Concordia are being offered $14,460 apiece to compensate them for their lost baggage and psychological trauma after the cruise ship ran aground and capsized off Tuscany when the captain deviated from his route.
In addition to the lump-sum indemnity, Costa, a unit of the world's biggest cruise operator, the Miami-based Carnival Corp., also said it would reimburse uninjured passengers the full costs of their cruise, their return travel expenses and any medical expenses they sustained after the grounding.
The deal does not apply to the hundreds of crew on the ship, many of whom have lost their jobs, the roughly 100 people who were injured in the chaotic evacuation or the families who lost loved ones. Sixteen bodies have already been recovered from the disaster and another 16 people who were on board are missing and presumed dead.
The agreement was announced Friday after a day of negotiations between Costa representatives and Italian consumer groups representing 3,206 people from 61 countries who suffered no physical harm when the Costa Concordia hit a reef on Jan. 13.
Passengers are free to pursue legal action on their own if they aren't satisfied with the deal and it was clear Friday — two weeks after the grounding — that some would.
Survivors of the Costa Concordia are realizing the limits of their legal claims, as they signed away their rights when they bought their tickets. NBC's Kerry Sanders reports on what travelers should know.
"We're very worried about the children," said Claudia Urru of Cagliari, Sardinia, who was on board the ship with her husband and two sons aged 3 and 12. Her eldest child, she said, is seeing a psychiatrist: He won't speak about the incident or even look at television footage of the grounding.
"He's terrorized at night," she told The Associated Press. "He can't go to the bathroom alone. We're all sleeping together, except my husband, who has gone into another room because we don't all fit."
As a result, she said, her family has retained a lawyer because they don't know what the real impact — financial or otherwise — of the trauma will be. She said her family simply isn't able to make such decisions now.
"We are having a very, very hard time," she said.
Some consumer groups have already signed on as injured parties in the criminal case against the Concordia's captain, Francesco Schettino, who is accused of manslaughter, causing a shipwreck and abandoning the ship before all those aboard were evacuated. He is under house arrest.
In addition, Codacons, one of Italy's best-known consumer groups, has engaged two U.S. law firms to launch a class-action lawsuit against Costa and Carnival in Miami, claiming that it expects to get anywhere from $164,000 to $1.3 million per passenger.
German attorney Hans Reinhardt, who currently represents 15 Germans who survived the accident and is in talks to represent families who lost loved ones, said he is advising his clients not to take the settlement.
Instead, he, like Codacons, is working with the U.S. law firm to pursue the class-action suit in Miami.
But Roberto Corbella, who represented Costa in the negotiations, said the deal provides passengers with quick and "generous" restitution that consumer groups estimate could amount to some $18,500 per passenger when it includes the other reimbursements.
"The big advantage that they have is an immediate response, no legal expenses, and they can put this whole thing behind them," he told AP.
Passengers who want to file a lawsuit in U.S. courts over the cruise ship disaster will likely face choppy seas. That's because the ticket contract includes what's known as a "choice of forum" clause stating that lawsuits must be filed in Italy.
Depending on each country's laws, passengers can be at a sharp disadvantage compared to the U.S. legal system. Italy, for example, requires plaintiffs to post a judiciary tax that is a certain percentage for larger amounts of damages, said attorney Bob Peltz, chairman of the Cruise Line Committee of the Maritime Law Association.
Maritime law experts say that similar attempts to sue in the U.S. despite these clauses have been turned away by the U.S. Supreme Court and that the expense of filing a lawsuit in a foreign court has deterred many plaintiffs in the past.
"It's well-settled law," said Jerry Hamilton, a maritime attorney who regularly defends cruise lines against lawsuits. "The Supreme Court has said those clauses are valid clauses. They will be upheld."
The clauses in the cruise industry are not as common in other forms of travel. Lawsuits against airlines, for example, can be brought virtually anyplace they do business for domestic flights; for international flights, lawyers can generally sue in the airline's home location or where the flight departed, among other venues.
In an exclusive interview, the captain of the Costa Concordia says he feels as if his company has abandoned him as new video emerges from the day of the ship disaster. NBC's Michelle Kosinski reports.
At least one lawsuit has been filed against Carnival and Costa in U.S. courts, by Peruvian crew member Gary Lobaton. That case, filed in Chicago federal court on Thursday, seeks class-action status to represent all passengers and 1,000 crew members. It blames the companies for negligence because of an unsafe evacuation and seeks at least $100 million in damages, attorney Monica Kelly said in an email to the Associated Press on Friday.
Peltz said that case has two big problems: The passengers are covered by the forum clause, and crew members likely have contracts requiring them to submit first to arbitration.
"I think they are going to have a difficult time," he said of the Chicago lawsuit.
The lawsuit sought to determine whether Carnival deviated from international safety standards when operating the cruise ship.
"Costa Concordia's Captain, Francesco Schettino, delayed the order to abandon ship and deploy the lifeboats," Lobaton's lawyers said in the filing.
Schettino has admitted he had taken the ship on "touristic navigation" near Giglio but has said the rocks he hit weren't charted on his nautical maps.
Codacons has called for a criminal investigation into the not-infrequent practice of "tourist navigation" — steering huge cruise ships close to shore to give passengers a view of key sites.
The chief executive of Costa, Pier Luigi Foschi, told Italian lawmakers this week that "tourist navigation" wasn't illegal, and was a "cruise product" increasingly sought out by passengers and offered by cruise lines to try to stay competitive.
Neither Costa nor Carnival would comment about potential lawsuits. The case is Gary Lobaton vs Carnival Corp, Case No. 1:12-cv-00598, U.S. District Court, Northern District of Illinois, Eastern Division.
Authorities have now identified the bodies of three German passengers recovered from the Costa Cruises ship that capsized off the coast of Italy earlier this month. Meanwhile, the children of a American couple still missing after the disaster have released a new statement. NBC's Michelle Kosinski reports.
Search efforts for the missing resumed Friday as salvage crews set up to begin extracting some 500,000 tons of heavy fuel oil on Saturday before it leaks into the pristine waters surrounding the ship. That pumping operation is expected to last nearly a month.
Italy's civil protection office on Friday released a list of some of the other possibly toxic substances aboard the cruise liner, including 50 liters of insecticide and 41 cubic meters of lubricants, among other things.
But so far, even though some film has been detected in the waters around the ship, tests on the waters indicate nothing outside the norm, according to Tuscany's regional environment agency.
"Toxic tests have all resulted negative," the agency said.
The crystal clear seas around Giglio are a haven for scuba divers and form part of a marine sanctuary for dolphins, porpoises and whales.
DigitalGlobe
The Costa Concordia, carrying more than 4,200 passengers, ran aground Jan. 13 off the coast of Italy. At least 15 people died in the accident, and rescuers continue to search for others missing.
Related stories:
- Official: Miracle to find cruise ship survivors
- Death toll from cruise ship wreck up to 15
- Captain says he was told to perform fatal maneuver
- Woman's body found aboard stricken Italian cruise ship
- PhotoBlog: Madonna recovered from Costa Concordia
The Associated Press and Reuters contributed to this report.
Leave a Comment:
Better take the money and run, accidents do happened. So better to get your foot in the door, because you sign the waiver by buying a ticket.
better grab it!
Those waivers do not usually apply when there is a case of gross negligence like there is in this case. Those waivers usually only apply when it is due to something inadvertent or some event beyond the control of the cruise line. When there is this level of negligence, people can get a lot more than those waivers on the ticket contract indicate. The amount being offered seems to be reasonable for those who were not injured, particularly since it is on top of the refund for the cruise and all travel expenses. You would have to have some pretty expensive clothes for this not to be reasonable, although I am sure that there are some passengers who had expensive jewelry that they lost who will seek more. In those cases I am sure the cruise line will cough up the money if the people can prove they had the jewelry with them and provide appraisals to support the claims. I also imagine there are some people who will try and get more by claiming that they are having psychological problems as a result of the accident that is going to require extensive therapy to get past. I am sure they will be able to find some doctor who will back up the claim, particularly if they are the one who will be getting the money for treating the person. Some people just can't waste a good disaster when it comes to trying to get rich quick.
Seriously? A "wavier" is not the binding legal document everyone thinks it is. Do you think you could sign a waiver allowing someone to murder you? How about a waiver saying, "if we are just totally negligent and take no precautions to previous mass harm to others, we are covered". No, you can not do that. Cruises can put whatever they want in those waivers, when it comes down to it it does not matter at all what they say if they are negligent. Those waivers merely protect them from minor injuries, not the captain going haywire, crashing the boat, abandoning it, and killing people.
Some basic knowledge of the legal system can go along way - otherwise you will be taken advantage by it.
This is negligence, much like a doctor who is sued for malpractice for performing surgery for which he is not qualified to perform. Then the sky is the limit as far as lawsuit goes. The company is trying to get ahead by offering what may appear to be a tidy sum, at this point, but will likely be refused by many, who will then get lawyers to go after the company big time, especially since the company was aware that this captain has steered the boat close to this island in the past, so that indicates a wilingness on the part of the cruise line to ignore bad behavior and to some extent, endorse it. The families of those who died will likely be paid enormous amounts, perhaps enough to bankrupt the cruise line and frankly, I would be thrilled if they did go bankrupt. Since the actions of this captain were known from past reports, I would say that they are guilty as well.
Agreed,
I would take the money plus travel expenses to and from home to the airport and back.
Plus they will pay medical bills, ( So they say ) that's the Ichy part that remain to be seen.
If they do all of the above, I would have no problem, in fact I would use some of that money
to book my next cruise vacation next year.
The only exception is the family members of the passengers who will never come back.
$ 14,000.00 US a piece, Ain't gonna cut it for their loss.
On that one probably 3-5 million US a piece might do the trick, and keep lawyers at bay from influencing family members into filing Lawsuits.
Who knows, for one, I would like to see the coward in charge ( captain ) get at least 30 yrs with no possibility of parole.
Accidents have nothing to do with gross negligence. This should never have happened. It wasnt an accident. It was gross negligence. If you allow your drunk 8 year old to drive your tractor through a school and he kills other children, its NOT an accident. Its gross negligence.
$14,460 ? How much is that in Lira ? Doesn't seem like much either way.
No quite true, sloppy.
This is a case of Gross Negligence and will be garnering the strength of a class action lawsuit in an Itaian court of Law. It is easily accomplished in their current legal system. The cruise line crooks just hope that enough people take this money and run so they can bolster their case against
As others have said, the negligence of the captain will overpower the waiver.
$14,460 is a joke for the gross negligence that was displayed by the cruise's personel. It takes a lot of stupidity to sink a ship that size and in this case that figure is only a percent of what each of those passengeners could get in court. Carnival needs to pay and you can be sure they will be tighter restrictions on them when it comes to crew selection and maintenence of ships.
Take the money and get over it. Or resolve yourself to a long, drawn-out enrichment of Italian lawyers.
The US attorneys who are trying to start US class actions on contingency are wasting their own money and their clients' time.
Waivers don't mean shi+. I personally would accept the money and move on with my life. But there are so many greedy people out there that I am sure will take every action available to sue to 100x that amount.
Lira? Um, news flash. Italy has been on the Euro for more than 10 years and is typically worth more than the US dollar. *shakes head*
Judging from interviews, it was more than just an accident in cause (a serious, and potentially criminal act by the capt/ and or the company, look for a legal fight between them), and effect ( many of the survivors [think about that term, for a moment] think they were fortunate to survive, and tell of near tragic experiences). "Take the money, and run" is pretty flip, it seems to me.
And considering Carnival corp reported more than 1.34 BIILLION dollars profit for last year, I'm pretty sure they can cough up a hell of a lot more than 14K, considering how much they hose the crew for. (Crew members(service-driven roles) are paid approx 75 dollars every two weeks in company wage.)
usually its about $75.000 they offer? i say"spin the wheel" and try gain , if not just go to trial, they will lose
If people would simply research and review the liability established by treaty they would have a better idea whether or not the offered sum is adequate. I'll give you a hint it's 46666 SDRs (Special Drawing Rights) or about $72K in the event of DEATH. Liability for luggage is similarly limited to 500.
Thankfully not every jurisdiction in the world is like that in America where you can collect millions for suffering a hang nail if you accidentally harm yourself.
Waivers do not apply in this case the guy was off the course they laid down for hime which puts the company in hot water. They know they are going to get sued big time but want to get as may of the 3000 as they can to agree with this while they are still too shook to think right. Message to the passengers see a lawyer first.
$1.2 million per passenger x 4000 passengers? The entire company would go bankrupt. All the other creditors already in line would get money first, and the victims/survivors wouldn't get nearly as much.
the waivers do apply, even in gross negligence cases(it was gross negligence for the Titanic to steam full throttle into a ice field). the amount offered is reasonable under the voyage contract law; plus Italian courts do not award much in damages; your right to recover is all governed by Treaty's, some written over 80 years ago.
breadex, your reasoning is flawed. The fact the Captain without corporate approval diverted from the route authorized by his employer is precisely why the company will not be liable for huge chunks of money.
No matter what the settlement is, the future passengers will be paying for it. Keep the greedy lawyers out.
the reason they register these ships in countries like the bahamas is so they can go by that countries labor laws, and I would guess other laws too.This will be weird to watch. I always feel for the crew, even more so in a case like this. they get screwed when the boat is normally operating...........crew usually get 35 aweek and work 18 hours a day, by laws of country the ship is registered in.
Rontron: agree. let the passenger finance his own case, expert fee's, court costs, depositions, witness fees,evidence bates, travel, many, many court hearings, rules on admissibility of evidence, it should cost no more than about 50 thousand per case.
Let say everyone did take the money that was offered and everyone moved on. The company takes the hit on their profits for the year and moves on as well. Without the lawsuits that this is suppose to bring there is nothing to stop the company from doing this again later on 10-15 years down the road when this is all but forgotten. On the other hand you make this as extremely painful as possible for the company where they just can't write it off and it hurts the bottom line for the next 5-10 years. You will never see this happen again, and if it does they really need to have the book thrown at them.
I would sue them for EVERYTHING!!! you guys that are saying take the money and get over it have no idea the pain, the suffering, the trauma these unfortunate peolpe went thru, 14k? Really?? Thats an insult! and I bet they will only pay HALF your medical expenses. REAL action must be taken to prevent incidents like these to happen again. let the company feel it! that way they can tighten up on their evacuation! I have many friends working aboard a carnival cruise line and I would hate for them to go thru something like this and SETTLE for 14k...
Ms. Rossi, have you ever heard of Captain Joseph Hazelwood, from the Exxon Valdez? Contrast that with Captain C.B. 'Sully' Sullenberger, the US Airways pilot.
I am aquainted with someone that was on the cruise. The amount offered, which includes loss of personal items and cruise fare, plus additional airfares and transfers to the ship just barely covers her expenses. That total is in the $18,500 range. It does not have additional monies for the counseling sessions she and her daughter are facing.
She does not sleep well at night, finds her mind replaying the disaster and tho she has had to return to work she is not as productive (so far) as she should be. Fortunately she has an understanding boss. With Costa throwing out this offer so quickly and expecting an answer in just over a week, it does not leave her a lot of time to make a well thought out decision. Yet the thought of what is involved in a class action suit isn't something she's looking forward to either. Just the number of years it could take to settle drag it out even more. As the case has to be filed in Italy and she lives in Australia adds to the decision. She may be required to go there to make her deposition and that would add more expense for her. Tough decision ahead.
The amount if the settlement offered is a joke in my opinion. Granted it is in addition to a refund and travel expenses, but when you think about the lost poperty (besides clothing, luggage - there will be cameras, laptops, IPods, jewelry, etc) It sounds like the $14K would cover that but certainly does not compensate for the time spent replacing everything and what about the sentimental items? Pictures/data never recovered, a piece of jewelry from a loved one. Then you factor in the trauma and any reprecussions that may entail medically.
It just sounds like the cruise line is looking for a quick & cheap settlement. I am not a big fan of lawsuits & suing, but cmon..................this needs to be at least triple of the initial offering. This wasn't a hurricane or natural disaster or equipment malfunction.
Considering they'll refund the cost of the cruise and cover any additional travel expenses incurred, the $14,460 would be fine for me, if I was on the boat and didn't suffer any injuries. Could use a fraction of that to take a really nice replacement vacation. I don't think I'd jump in and criticize anyone who chose not to take the settlement -- everyone is different -- but for me, that offer would be sufficient. I'd personally rather not spend the next 3-5 years wading through a sea of courts and lawyers and legal documents just on the chance of getting more.
Multiply by 10 and maybe they'll be close.
.
Let the lawsuits begin. I heard tonight on CNN that a lawyer named Marc Bern is sueing on behave of six Costa Concordia passengers for a total sum of $450 million. Gee whizzz, Carnival CL is going to be awfully busy in the next couple of years settling lawsuits. This is only for six passengers out of 4200 passengers and crew members.
All the passengers should come together and demand the following from Carnival Cruise Lines (the actual owners of the Costa Concordia) the following:
1) A full reimbursement for the cruise and all other expenses, such as airfare, pre-packages, hotels, etc.
2) $100,000 cleared.
3) Free cruises, no matter what it is, no matter on what ship it is that's owned by Carnival and its subsidiares, for life, all expenses covered, including shipboard expenses. That means that if one of the survivors wants to book one of the penthouse suites on the Queen Mary 2 for a round-the-world cruise (costs over a half-million) owned by Cunard, a subsidiary of Carnival, that's what it means.
4) For the families of the departed, a $20,000,000 each settlement and free cruises for, as listed above, spouses, partners, parents and children of the victims.
Corporations, with the six-and-seven-figure-a-year CEO's, need to be put in their place. They need to learn they don't own the world. The world owns them. Either corporations sell absolutely perfect services and products with absolutely no mistakes when they have so much, or else they suffer the consequences. If corporations can get rich by selling stuff, people buying that stuff can get equally rich when the stuff isn't delivered.
If anyone is dumb enough to take 14k as a settlement for being on this ship, they should go ahead and get BACK on the boat with their check lol...and of course this is a sarcastic joke...
Seriously now...there is not a soul in this world that had the means to afford being on this boat that will accept such an insulting offer of settlement that Carnival had the NERVE to offer...they should be ASHAMED of themselves first, and second, as an avid, well seasoned "cruiser" I will NOT be booking one more trip with them or ANY of their subsidiaries as long as I am spending my hard earned cash on a trip. I say this partially because this settlement is such a slap in the face to those that survived this tragic trip and even more to those that lost family to "touristic navigation" which is just another way to say "I just can't seem to pilot this ship close enough to shore so the tourists can see what they want and oops I ran it aground!" The reason people are going to be able to sue in the USA instead of Italy is because the ship is ultimately owned by Carnival Cruises which is a USA company, no matter that this ship was flying an Italian flag. When you sift through all of the BS and the lawyer-ese, it's going to come down to something very simple; Look at Carnival's Profit and Loss statements and see if this ship is listed somewhere on its asset statements, if it is then this ship was/is owned by Carnival, therefore people can sue Carnival (the parent company IE. owner of the ship and employer of the negligent Captain who ran the ship aground while trying the "touristic navigation" which ran the boat aground). As far as the printed waiver that is on your ticket, that is as likely to hold up in court as paper panties will if you run them through the washer...Just because someone prints a waiver on a ticket doesn't make it legal or enforceable...If you believe everything that is written is legal, let me know, cause I have a bridge in Brooklyn I would LOVE to sell ya ;)
Oh and Robert~ Take a few deep breaths and read the post before you start BASHING the person that wrote it; She was relaying what she was TOLD by someone working on a cruise, so that would be a first hand account from an employee there...That's as accurate and as close to truth as it gets as far as most people would be concerned. However, if the person that was the employee was lying, then that is another thing totally. The thing you have to remember is that not everyone in the world will have the same experience, and perhaps you were someone that was fortunate and had a fabulous experience while there are others that are maybe undocumented, uneducated and without a firm grasp of the english language who may be exploited and could be vastly underpaid from someone like yourself who has other advantages that many others do not...Just a thought to consider.
I took a cruise on Carnival that left the day after the disaster. The crew did not seem to take the safety meeting seriously. We were just crammed on deck, you could not even see the instructor, and the crew was just joking between themselves. Even on debarking for excursions, there was confusion, so I can imagine what it was like in an emergency evacuation.
But, what can you expect when the crew is so underpaid and over worked. The crew is very international; which is good, most also spoke English so that should have helped in case of a problem. But one member of the dining crew told me that he makes 40 dollars a month, plus tips, they work 7 days a week for 10 months of the year and the average "day" is 15 hours. And this is not even pay for illegals. They all must have the proper visas before they are allowed to dock in the US. If not, they are fired. Another crew member said that they get to go out in the sun for a couple of hours a day. Our steward was on call 24 hours a day. I am sure many of the crew are happy to get even this. Many are from poor countries; Indonesia, eastern Europe, India, etc. And all of their expenses are paid for; food, room, uniforms, medical, so most of their pay can be sent home to help their families. But they really have no life; it is all work to provide a fun cruise for the passengers.
I took a cruise a few years ago, and the crew member in charge of our roe of cabins was not allowed off the ship cause she didn't have the right paperwork. She was from Romania and said she hasn't stepped foot of the ship in over a year. Messed up!! So many things they can improve on.
I took a cruise on Carnival in the Carribean last fall. When we did the safety drill, the staff in our area were Nazis. Kept telling the passengers to keep quiet and listen. I think a lot of it has to do with who is in charge of the ship, and heads of the various departments. We spent a lot of time talking to our wait staff at dinner as well. Very similar stories as Deb says. They liked it though. Free food and housing, and most all of their pay went home. One guy was from Singapore, the Matre' de (spelling?) was from Jamaica and got to get off and go see his family when we stopped there. I beleive they said their work contracts are for 2 years at a time, and the cruise company sends them wherever they are needed, no choice of where they work. I think the 7 days a week for 10 months is a bit of a stretch though. Most cruises don't even last 7 days, and the guys told us that they get to debark at the destinations on their days off. I would bet though, that the cleaning staff are the ones who get the shaft. They do most of their work when the boat is in port, so I could understand if they didn't get to get off the boat much.
I am sorry you claiming that they said, "40 dollars a month, plus tips, they work 7 days a week for 10 months of the year and the average "day" is 15 hours" is bogus I worked for carnival and I know they pay better than that. So unless you have the facts please do not speak an untruth about something you have no clue about. They get paid better than that and are treated very well for the most part. Yes, occasionally one will say they are not paid well nor are they treated well and that is their belief, feelings and right, but for you to say they told you they get paid $40/mo and are poorly treated without any knowledge of this. You need to check your facts first. This is a real tragedy I sailed the 2010 Carnival Splendor on the Mexican Riviera and all the news kept saying was "It is a horrible situation with no food other than Spam, the toilets don't work and there is no lights the ship is stranded in dangerous conditions" None of which was true, yea the power was out for the lower decks and toilets weren't working for 8 hrs, but they got them up and working that day. Also there never was Spam on the ship, but what happens is one person starts something and it gets out of control from there like you saying, "40 dollars a month, plus tips, they work 7 days a week for 10 months of the year and the average "day" is 15 hours.". Please do not speak untruths unless you can confirm and provide proof of your claim.
Relax Robert, She was stating what "She was told" and there is no harm in that. Just as you have a right to post on forum so does everyone else. She was speaking of knowledge. Whether it to be true or not is well within her rights to believe or not. I certainly hope that is not the case, but an international company may pay individuals based on where their home of record is. I've been to some places where $40.00 was a considerable amount of money. Yes, this is speculation. So just sit back, relax and enjoy the cruise.
like you I was Carnival Magic when the Italian disaster happened, our safety meeting was the next day after leaving port. The ships Captain cam on the PA System and said Ladies and Gentle men we have lost on generator, but continue on our trip at half our speed. The safety meeting was like a circus, with 4,000 people crowded in the theater, the stewards were passing out drinks (alcohol) to the passengers. We waited in the heat at Galveston to board the ship without food or water for 2 hours, with red shirted Carnival employees pushing us to move faster, when the line in front you wasn't moving, the screamed when ask for water, All around me was 84 to 90 year olds with oxygen and wheel chairs. One red shirted lady was escorted by security, when she screams at elderly passenger and ship pas out. The whole trip was a nightmare, and we hadn't boarded yet.
We were on a 7 day cruise, and with only one generator, the a/c didn't work, elevators shut down, people in wheel chairs were tuck one floor, and couldn't get food or water.
The crew all spoke foreign languages and were rude and hateful.
The AG of the USA should investigate Carnival, and everyone should be reimbursed.
robert the reason they register these ships in countries like the bahamas is so they can go by that countries labor laws, yes the labor laws. and I would guess other laws too. there are a few entertainers and skilled labor on high end ships that make good money. But texan deb was right , ask yourself why these ships operating out of the USA are not registered here, or look it up, and quit acting like you "worked" on a cruise ship. because you obviously didn't.....type these words into your search..........
What you need to know about the cruise ship industry
matter of fact go to facebook we should all do this,and search. ending "sweat ship" exploitation in the cruise industry.
They need to be thankful they are alive take the money and move on with their lives. The people who lost loved one should get much more as should the people who were injured.
Yes, they should be thankful they are alive, but $14K is a joke. The top 5 officers of Carnival/Costa earn a combined yearly income of over 4.2 million per year. The Chief Officer of Costa alone earns 1.3 million dollars per year. Do you think any of them would be satisfied with a paltry $14K if they were involved in an accident due to negligence on a cruise liner? No possible way. They'd have their high-priced lawyers out in 2 seconds demanding at least a million each.
Take it. You won't get more.
Are you nuts? The first offer was for 30% of your next cruise. This offer comes after lawsuits are filed. What do you think will happen after the first case is settled out of court or goes to a jury?
I have a feeling this is going to keep going and going and going...first they slap them in the face with 30% off cruises and now this...they are scared to death about what is going to happen in court. I agree with You DENVER BILL
The problem is lawyers, particularily class-action lawyers, will gobble up all of their claim money. For those un-injuried, TAKE IT! Or counter with incremental items - first-class accomodations on another cruise, etc.
As long as valuables are locked in your room safe, you will get them back - the insurer for Carnival will make sure of that! It might take 12 months...
Italy doesn't do class action lawsuits.This is going to take a while.
Denver Bill, the first offer of 30% off your next cruise was for people booked on future cruises on the ship, NOT people who were involved in the incident. The $14,500 is being offered in addition to a full refund of cruise expenses and all travel expenses, and all medical expenses. No amount has yet been made to the families who had someone lose their lives on the cruise.
Take the money but DO NOT sign any papers. :-)
If you think Costa is going to give them money without signing any papers, you're living in a fantasy world.
AirFrance lost my luggage about 10 years ago plus bumped my wife and I from our honeymoon flight. I wrote them a letter a month later when my suitcase never was found. They issued me a check that stated on the back "by signing this you waive any right to sue us, ...". I wrote For deposit Only on it and it was deposited into my account. I thought the same thing, I would not get any more than what they offered, but my attorney got additional money out of them after I deposited their first check.
Borttorb, so you're freely admitting you're a scumbag?
I HAVE A FEELING they are going to keep the offers coming and getting bigger and bigger....I couldn't believe they were originally offering 30% their next cruise. Get a lawyer, join the team and you survivors are going to be getting a whole lot more than just 14k !!!
Jim - how exactly is Dave a scumbag? The airline lost his baggage and he accepted the check. While he didn't sign the check with his name, he did endorse the check - which arguably was acceptance of Air France's offer. His attorney got his fees reimbursed, and everyone settled.
I think it is a fair offer.
Multiply it by 10 and it might be, for the survivors at least.
maybe a fair offer, certainly better than 30 % off THEIR NEXT CRUISE (first offer) but it will turn into a HELL OF ALOT more friends..in these days, all they need to do is get a lawyer and join the others...they are going to have alot more than 14k
Fair offer???? How do you know what a fair offer is Chinatexan? That may be what you would settle for but that certainly does not mean it's a fair offer. I agree with Ruken and Wendi S. The offers will definitely go up as the litigation moves along. Once the offers amount to a settlement of 50% of the claims then we will know what a "fair offer" was in free market terms.
I would advise any client of mine to reject this offer.
that's part of the problem with society today - just sue. I agree that something should be done but it was the captain's fault by doing his own thing. Yeah get the attorneys involve and they will take 50+% of what is finally offered. The captain has come up with different excuses every time he has opened his mouth and not taken responsibility. hello - just happened to "fall" into a life boat and they wouldn't return him to the ship. where are the people on that life boat as no one else is making that comment. and what about the crew? no one seems to be concerned that they have no job or anything.
life is a crap shoot and our lives are at risk everyday. what would you do if you "accidently" killed or maimed someone while driving your car? are you will to pay millions without having an attorney represent you and try to get less?
Ha ha ha, of course you would. Any lawyer would, because their cut of this offer is zero. They want the 35-45% cut of a higher offer.
Chinatexan wrote:
It's a great offer (for Carnival) if people accept it. Do you know how much it will cost Carnival to defend itself in court? A lot more than $14K per customer. Of course Carnival knows this; they're just hoping (dreaming?) that everyone will take the $14K in crumbs that they're offering.
A dollar in the hand may be worth more than the effort to go the "Ambulance chaser" route, lol. Not long after the disaster the local "Big boys" of ambulance chasers were advertising big money for anyone who "Has been injured or who has had a loved one die" because of a cruise ship accident. Oh maannnn! If only I had been on that cruise, I'd be set for life.
Don't think the Lawyers that happened to be on the Cruise, were passing out their cards during the evacuation?
Hell no man, dose guys, dey got inTEgrity!
Or, you might be dead.
Blessed, you'd be surprised at the number of people willing to take a chance for a big settlement pay-off. Back in the 1960's, in Chicago where I was born and reared, there was a scam going around, wino's were scraping their legs with pieces of wood with nails in them, throwing themselves in front of expensive cars on Madison St coming out of downtown. To get hit, and file a lawsuit. There's been parents encouraging their kids to aggravate a dog, to get bit and file. We all know of drivers braking suddenly in fast traffic to get hit from behind. Lol, law suits are big business in America. It's almost like some ambulance chasers hold classes; "Look for a vehicle with a "State Farm" sticker on it."
In the Old Days, it was common that certain positions on Cruise Ships were purchased by the employee. They made their money from tips.
$14,460? How bought $14,460. 57. What's up with this precise amount?
I am sure that the odd amount it is due to the conversion of some round number in a different currency being converted into US dollars.
There are bad things that happen to good people every day
that get nothing. I am so sick of people getting large settlements for their so
called “pain and suffering”. I know of
someone that was viciously attacked in a violent crime and do you know what he
is going to get for his pain and suffering?
He is going to get pain and suffering!!
Take the 14 grand and look at it as an adventure.
As for the families of people that lost their lives, those
are major lawsuits.
Accidents happen but people should not lose their lives for
taking a vacation of a lifetime.
He should have sued in civil court. But, I am sure, he/she, as well as anyone who would post a comment like this, had not even basic knowledge of the legal system. Get an education.
RR123 you are right on. The really unfortunate thing about this accident was that the ship was not full of personal injury lawyers, all of whom perish in the sinking. If that had happened I would have been tempted to send money to carnival.
RR123,
Im sure you would sing a different tune if it was you or your kin.
I see: so just because criminal victims can get nothing for their suffering, no one should? WTH?
So, just because someone managed to survive a disaster that was NO ACCIDENT, they should walk away thankful and say "oh, that's okay. I could have died, but I didn't...."
Come on!!
RR, that someone who was attacked just happened to be in the wrong place at the wrong time, so, no compensation for pain and or suffering. Who is the someone going to sue? The prime victim of the crime, the perpetrator, the local government for not providing protection? Hell, take a shot at a lawsuit, no telling what a judge and or jury will come up with.
RR123 -
I'm sick of it too. It never ceases to amaze me how a person can do something stupid OR just happen to be in the wrong place at the wrong time (like the entire population of mankind CAN BE), suffer no major injury, maybe have some nightmares for a while, and honestly believe they are owed some kind of compensation for it. It's called LIFE, people. Bad things happen just by living your life! It's the people like that and the lawyers who fight for them that make our justice system unjust. Anyone can look around them or read a newspaper and see for themselves what's going on. It's criminal.
To kingjones59 - a person who would tell someone to "get an education" is telling everyone else that they need one. There are people in this country getting away, literally, with murder, being allowed to live their lives free of punishment for their crimes. The victims of these crimes suffer, sometimes horribly, for the rest of their lives. "The legal system" is a joke. It doesn't work like it SHOULD work. Its main function anymore (it seems) is to make lawyers money. The compensation for people who had freaking bad luck is ridiculously high and I'll bet it's so their lawyer makes more money from the percentage they receive. How dare you tell someone to get an education. Who do you think you are?
I'd like to see what the educated folk think adedquate compenation should be... they have no idea because the train of thought is "milk it for everything it's worth"
This sense of entitlement Americans feel is disgusting... I had an incident where an uninsured driver almost killed me, so before you start the "if it was you" BS think again. I walked away with medical bills paid by my insurance and that was it.
Remember... we all pay for it in the end.
Costa Cruises and parent company Carnival are just not smart. I am not sure how they arrived at their reimbursement figure but it was stupid. If you want something to go away, make the amount per person large enough to be a temptation. I don’t know about in Italy, but here in the US 15 grand for someone who has coughed up over 2 to 5 thou per person for cruise tickets, airfare and other incidentals. They would have been far smarter to bite the bullet and make it something like “file your loss form including any incidentals you charge to your card during the trip” then they add another 20 thou to that total. Okay, it would be expensive,
but a lot of these people brought their best bib and tucker including jewelry that may or may not be recovered. That amount would possibly be enough to head off someone joining a class action suit given the actual amount most plaintiffs end up receiving in such a suit.
Sounds like 10,000 euros plus reimbursement of travel costs. For all those who were not physically harmed, I would suggest taking it before the lawyers can put their sticky fingers in the pot.
I had a similar experience with Club Med many years ago. Nowhere near the same degree though. I shouldn't even make the same comparison. Nobody could even claim 'pain and suffering', merely inconvenience. Club Med quickly made an equitable offer, which I just as quickly accepted. Of course the 'lawyers', within just a few days, tried to enlist litigants for more.
I do not know if the Warsaw Convrntion, as applied to international carriers, has been changed. But it limited liability for loss of life to $44,000.
How Many costa cruises Payee trolls have posted" Take the money"?
I was wondering the same thing.
$15000 and a shipwreck vacation on the Tuscan coast. Not a bad deal.
If my butt ended up in the sea (life at risk) when I was supposed to be enjoying myself on the Prominade deck, I'd want more than $14K.
I have to kinda agree :)
Anyway, this will be going through the courts for some time to come, maybe even years.
Nare, and, that's why we have personal injury lawyers, lol. To work for you and get you the big bucks. I got rear-ended once, no big deal and the cop investigating asked me if I had a lawyer. That evening I got a visit, a lawyer. Man, I was going to make a bunch of money, he was going to make money and the cop who clued the lawyer in would get a cut. Oh, and, lol, the doctor that the lawyer sent me to and prescribed a neck brace, he was going to share too. 'Course, I was going to have to wear the brace to court. Anyway, I told the lawyer to get lost, I didn't need that kind of money. What did folks I know say? "Man, you're a fool." No "You did the right thing, you were moral." "Just, "Man, you're a fool."
The American trial lawyers are foaming at the mouth. They love stuff like this. All they want is their one third for all their hard work. They are the biggest parasites in American society today except maybe politicians.
The jurisdiction is in Italian courts.
No sh!&, right?
Very generous of Carnival to offer 14,500 dollars for the trauma these people went through, they are also offering to pay for any medical costs to the people injured but I am sure if any of these people take up on the offer they will have to sign a waiver for the cruise line not to be responsible for future medical problems such as anxiety, depression, post trauma disorders which the people will suffer for the rest of their lives. It is demeaning to the people who paid to go on a relaxing cruise to be offered such cheap pay off, it is offers like these that make lawyers rich and I for one would tell them where to shove their offer since it is offensive and ridiculous.
I would take the check, pay off by car and bike loan and live happily ever after!
$14 K? That's chump change. DON"T TAKE IT. You will recover much more in a class action suit, as the cruiseline was obviously at fault, and $14K is a pittance compared to what they make on every cruise..
How do you know what their profit is on every cruise? Have you calculated it? And they're not offering $14K. They're offering $14,460 to EACH of the 3,250 passengers who suffered no injuries at all (or loss of life). The settlements for those injured and to the families of those who died will obviously be much higher.
Just paying off the non-injured passengers (if all 3,250 were to accept their offer) will cost $47 million. Figure on millions more for the dead and injured. Then add in the costs of salvaging and either repairing or scuttling the ship (I assume the hull breach and water damage can all be repaired, but at a ghastly expense), and the costs of taking care of the thousands of crew members who are now out of work... Finally, take into account the lost revenue from a ship that cannot sail and generate income for a long time to come (if ever again), and the huge damage to the Costa/Carnival brand itself... it's not like the company will be getting out of this disaster on the cheap at all. I actually feel sorry for them. They clearly just put the wrong man at the helm and it will cost them perhaps $100 million or more by the time all is said and done. That's a damned expensive mistake.
yep they better take the money and walk away if you let a class action get started you will get pennys on the dollar!!!
I've never been on a cruise ship, and am not knowledgeable as to ticket costs, etc. But I think that the amount of money being offered to these passengers amounts to nothing more than "throwing them a bone". I would think that a LOT more money should be given, especially since the Captain acted so negligently during the chaos that ensued. And what about the families of those passengers that died? There should be an additional clause included in those cases. Plus, each passenger should be given a decent choice of a new cruise to their liking, free of charge. It's the LEAST the cruise line should do for the passengers. If the cruise line doesn't want to make decent amends, I would think a class action lawsuit is in order. Any good lawyer would be happy to jump on this case, I would think. And if it came to that (class action lawsuit) I think the cruise line would REALLY get taken to the cleaners.
I would take the money and run. So the boat sank and I had to put on a life jacket. How terrible! The only ones that had an issue are the dead. This is going to be in italian court, not in AMerican blood sucking ambulance chasing court. The caption was negligent! So what's your point...it doesnt' matter as most were not harmed..... A class action lawsuit because the boat sank? I mean get real. These folks were not permentantly maimed. Its not like 10 years from now they are gonna get cancer.
I watched a segment about this story on the local news and i have to say when you go on these cruises you sign away the right to sue if something happens to you. It is wrong what they do to you but it is in the fine print and 90 percent of the times we don't take time to read the fine print. So basically all the families that had loved ones lost at this accident will get close to nothing. I think that its wrong that the industry treats it like this. Think twice before you go on a cruise.
Those waivers are not worth the paper they are printed on in gross negligence cases. Ask any lawyer.
Mountain bike, ok, but pennies on a multi-million dollar class action suit is still good money.
What's 14K? One could have jewellery worth more than that. For eg. My engagement rings costs 30K. If i would lose it i wouldnt need 14K!!!
Nice life for you. Go look at your finger and get happy why don't you?
Funny Nancy. Well said
As the article said, if someone lost personal property that exceeds the offer, they can file a claim. All they have to do is prove they had it on the cruise and prove the value (receipt, appraisal, etc.) Of course, if it was insured and they file a claim for that, they can't collect more than the value from the two compensations combined.
Most people would keep their rings on when abandoning ship - they don't weigh you down too much.
Ha ha, Nancy! You 'rock' - get it??
30k engagement rings and your on newsvine, Im flattered, now go pump up that tire on the right, your trailers not level.
Its nice you have a 30 thousand dollars ring you purchased however why don't you try selling it and find out how much you really got ripped off for. You would be lucky it someone would pay you 5 thousand for it, don't believe me try selling it.
Wow, feel the jealousy.....
Me, if I was unharmed and naturally shaken by the event, I would take the money or at the very least, take the least costly litigation.
Lawsuits take so much money and years.
And Vifa needs to get insurance for her jewelry - I use Jeweler's Mutual and they are excellent.
Get an attorney and assess the best payout ....IF it's Italy and the supreme court has already ruled, tell the lawyers to stick it as they are ambulance chasers. $15 grand aint that bad. I think it would be worse if there were permanent injuries.and you were sucking food through a straw for 40 years. ... I don't believe in that trama crap on the kids. Thats a game these folks are playing. My kid could be tramatized if I didn't pick him up on time after school.The dead quite frankly are the only ones with a lawsuit and am not sure how much an italian court is going to give them. The ambulance chasers want this to be in miami but the company is going to tell them to stick that venue up their rears.
Class action lawsuits are for the good of the lawyers. PERIOD. Out of curiosity I signed onto one against IBM from a laptop I bought. About two years later, I got a $20.00 gift certificate in the mail. The lawyers representing the plaintiffs got 60 million for their services.
Yep, and the lawyer gets the $$$. Class action = bad idea.
at least the judge is limiting the lawyers on the bp suits
We were on a Panama Cuise, and my wife stubbed her foot ending with a plato fracture. Our return to the ship was threating as it was irregular, and the military operatives continously held us at the port for hour(s) with unshouldered submachine guns. Regardless of insurance, they would not fly her out to a USA hospital. The VACATION WAS HELL as was the flight from FLA to CA where the fracture was verified. The cruise line never reimbursed, instead indicating we could have a $100 bonus for our next cruise. Traveler beware....