Cruise Ship Sexual Assault BLOG

Certain victims of the Costa Concordia sinking have filed a class-action lawsuit in Florida.  Although Costa Cruise Line headquarters are in Italy, owner Carnival Corp. is registered in Florida, and plaintiffs in the civil suit are hoping the Florida courts find jurisdiction is proper and accept their class action claims. They may have an uphill battle, as the cruise line tickets specify that litigation must take place in Italy.

Not all victims wish to be part of this potential class action. Miami maritime attorney John H. (Jack) Hickey believes Italy to be a more beneficial venue to file suit even if Florida courts agree to take on the case. With a proven track record for holding cruise lines accountable to victims for the last 32 years, Hickey said, “Class actions are not always appropriate for personal injury suits…Italy actually will provide more compensation to the families of the deceased passengers than a court in the United States would because of the draconian Death on the High Seas Act.”

Enacted in 1920, the federal Death on the High Seas Act prevents families from collecting non-economic damages when their loved one died on the “high seas,” including cruise ship accidents in the territorial waters of foreign countries. Non-economic damages include but are not limited to pain and suffering, psychological trauma, loss of enjoyment in life activities, loss of companionship and consortium, and more. Hickey noted that Italian law allows for significant recovery for death and therefore, remedies in Italy are potentially greater for victims and their families than in the United States.

Hickey Law Firm, P.A. – Miami maritime attorneys