Spring break is right around the corner and many people in North Carolina are looking to flee the cold and cruise down to the Caribbean. For a reasonable price, you are able to visit several locations, enjoy quality dining and entertainment and have nice, though small, accommodations. However, after the recent disaster off the Tuscan coast concerning the Costa Concordia cruise ship, I am sure many people are reconsidering this as a vacation option.
Another thing I am sure of is that many cruise passengers are unaware of what laws govern their rights at sea. People have a general idea of their rights on land, but do not realize that things significantly differ once they step foot on the cruise ship.
Passengers of cruise ships are governed by something called the Athens Convention. The Athens Convention controls the liability of the ship operators for personal injury and property damage sustained by its passengers. It contains everything from standards for establishing liability, statute of limitations, allowable defenses and venue requirements.
The Athens Conventions was adopted in 1974 and severely limits a passenger's rights unless the carrier acted recklessly or with the intent to cause such damage. Specifically, Article 13 of the Athens Convention provides that the carrier will lose its right to limit liability where it is proven that the damage resulted from an act or omission done with intent to cause damage, recklessness and knowledge that such damage would probably result of such actions. The Convention allows cruise liners to limit their financially liability to approximately $72,000.00 per passenger for a personal injury or death claim. This is an extremely low number and in no way adequately compensates a family who's loved one died while on a cruise.
While looking to the current Costa Concordia disaster, I believe those passengers would have an argument that the Captain acted in a reckless manner. It has come to light that the Captain intentionally deviated from their original course, and therefore the Athens Convention is inapplicable.
The attorneys and staff at Hull & Chandler wish you safe travels on any vacation of your choosing. If an accident does occur, contact us at Hull & Chandler, P.A. immediately.
