Maritime Injury Attorney Blog

Miami attorney Brett Rivkind was discussed in a recent news account of the Costa Concordia in Ireland. The Ireland paper discusses how it has experience with a prior disaster involving an Ireland citizen who died during a cruise onboard a Costa cruises lines cruise ship. The death involved Lindsay Obrien, who was only 15 years old when she went on a cruise with her family aboard the Costa cruise ship the Magica.

Lindsay was served alcohol aboard the ship despite being a minor, and was reported to have fallen off the balcony railing on the cruise ship. The case was handled by Miami maritime lawyer Brett Rivkind. Brett Rivkind is also handling cases involving the Costa Concordia, and has been interviewed by major news stations, including CBS evening news.

The Ireland article brings back the memory of Lindsay O'Brien and the tragedy that occurred. The Costa Concordia is a painful reminder of another Costa cruise lines disaster resulting in death.

Brett Rivkind continues to act as a safety advocate for both passengers and crew harmed at sea.

In my opinion the disaster involving the Costa Concordia, involving the loss of lives, not only requires us to focus in on safety issues aboard the mega cruise ships, but also emphasizes the needs for changes in the favorable laws cruise ship companies enjoy.

All of the cruise ship companies register in foreign countries, and register their ships in foreign countries. The flags of these vessels are referred to as flags of convenience because the cruise ship companies register these vessels in foreign countries in order to enjoy favorable laws, including avoiding United States taxes.

What are the many favorable laws that the cruise ship companies enjoy? First, let's focus in on claims involving passengers onboard cruise ships.

The first thing a passenger must be concerned with is the passenger ticket issued by the cruise line. It is referred to as a contract of passage. However, it is not really a contract, although it is considered legally to be one. It is merely a number of provisions which disclaim and limit the liability of the cruise ship company. It grants no rights to the passengers. It takes rights away.

In the passenger ticket, the cruise ship company sets forth the deadline to file a lawsuit against them arising out of personal injury or death. The deadline is one year from the date of the incident. This is an extremely short statute of limitations. Most statute of limitations involving personal injury and wrongful death claims are 2 to 4 years. The cruise ship company enjoys the benefit of being able to limit the time a passenger can file a lawsuit against them to a very short one year period of time. In addition, the cruise ship company requires written notice to be provided of such a claim within 6 months.

Continue reading "Costa Concordia Disaster Shows the Needs to Change Favorable Laws Cruise Ships Companies Enjoy " »

Costa cruise lines has issued a statement admitting the captain was too close to shore, and that he did not follow appropriate procedures for an emergency situation.

The captain has been arrested, and the first officer is also being detained. Authorities in Italy confirmed the captain did abandon the ship before all the passengers were evacuated.

The captain has said the rocks were not charted, but it is reported the area in question is know for the rocky sea bottom and was in fact well charted.

At least five people have been confirmed dead.

The captain was a safety officer with Costa and then became a captain. His background and qualifications have not been released yet.

Costa did defend the crew, saying they acted appropriately in the assistance of the evacuation of so many passengers under such stressful conditions.

Passengers described the situation as chaotic, and likened the situation to the Titanic disaster.

Our firm continues to act as safety advocates for those harmed at sea.

CNN has just announced that the captain of the Costa cruise line cruise ship, Costa Concordia, has been arrested and is being investigated for abandoning ship and manslaughter.

The cruise ship, for some unexplained reason, struck a large rock in shallow waters off the coast of Tuscany, and this massive cruise ship is now laying on its side submerged in water. Three people are dead, two passengers and one crewmember. Many others are missing.

The captain is being heavily criticized for not only being in such shallow waters, known for its rocky sea floor, but for failure to start emergency evacuation procedures. Instead, the passengers were told there was an electrical problem.

Passengers described the situation as chaotic. Fear and panic spread rapidly. The ship leaned to one side and passengers were frantically trying to find their way to life boats in the dark. Some were reported to have jumped off the ship.

I am continuing to monitor the situation and reports as they come in, and my client, a cruise ship captain, is providing his insights into the situation which I will share with my readers.

I continue to act as a safety advocate for those harmed at sea.