Luca C.M. Melchionna on Legal Action Arising from Costa Concordia Crash

January 21, 2012

In the Media

Costa Concordia: As Hope Fades for More Survivors, Finger-Pointing Begins
By Stephan Faris
Time
January 21, 2012

Lawyers for civil plaintiffs will be eager to show that responsibility for the tragedy extends beyond the incompetence of the captain. "You have an incentive to find the deep pockets," says Luca Melchionna, a professor at St. John's University School of Law. Was the Costa Concordia's dangerous approach to the island part of a pattern that the cruise company had previously sanctioned or tolerated? To what extent did company policy contribute to the disarray in the early minutes when lives could have been saved? How well prepared were the crew for the event of an emergency?

For now, the cruise company has joined the criminal case against the captain as a civil party, formally putting itself among the injured and (not coincidentally) forestalling civil action in Italy while the criminal trial plays out, something that could take months of years. "It's a strategic legal move that protects them, at least for a while," says Melchionna.

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