Hundreds of passengers from the Costa Concordia, and close to 1,000 businesses from the island where the ship ran aground, sued Carnival Corporation after the January 13, 2012, accident, which resulted in 32 fatalities. That litigation is described here as it was reported at the time, not as a current case update. The maritime and Illinois rules further down are what still matter if someone is hurt on the water today.
What Survivors Alleged
More than 4,000 passengers and crewmembers were aboard the Costa Concordia vessel when it hit submerged rocks and capsized near the Tuscan island of Giglio. Reports have indicated that “captain error” is to blame.
The many allegations against Carnival ranged from safety violations, negligence, loss of business (by local business owners, relying primarily on tourism), fraudulent misrepresentation, intentional infliction of emotional distress, and recklessness, particularly in performing “sail-by salutes.” Sail-by salutes are a long-standing practice, where the captain directs the ship close to shore to salute those on the land, sometimes the crewmembers’ families. Costa Concordia has been reluctant to admit that its ships engage in this practice, which many have deemed unsafe. Without admitting to doing so, Costa Concordia chief executive, Pier Luigi Foschi, has defended what he refers to as “tourist navigations” in testimony provided to an Italian parliamentary committee, stating that the practice of performing “sail-by-salutes” “enriches the cruise product.”
One lawsuit, filed in Fort Lauderdale, Florida, on behalf of the Warrick family (consisting of three siblings, ages 18, 20, and 22) sought damages of more than $75,000.00 per person, significantly more than the $14,000.00 offered by Costa Concordia to survivors immediately after the accident. The Warrick plaintiffs declined that offer, stating that the amount would not even cover their out-of-pocket expenses, let alone account for their emotional distress.
There were legal obstacles, jurisdictional issues to start with, that could force the plaintiffs to sue the company in Italy, where the ship ran aground. Miami-based Carnival is the parent company of Costa Concordia, headquartered in Genoa, Italy, and which operated the ship at issue. Though the ship never docked in a U.S. port, Costa Concordia did maintain a U.S. website, which the Warrick family, among others, used to purchase their tickets. U.S. citizens had two reasons to prefer a U.S. forum: Italian law does not allow for contingency-based attorneys’ fees or class-action suits, which would make litigation cost prohibitive, and claims for pain and suffering and emotional distress are more difficult to prove under Italian law. Costa Concordia’s attorneys, on the other hand, made it clear that they believed this to be a matter with no real ties to the United States.
Maritime Claims Run on a Much Shorter Clock
The part of that story that repeats itself in ordinary cases is the paperwork. A cruise ticket is a contract, and federal law only sets a floor on how far it can squeeze you. For a seagoing vessel, a passenger contract cannot require notice of an injury or death claim in less than 6 months, or require suit in less than one year, after the date of the injury or death (46 U.S.C. § 30526). For covered small passenger vessels the floor is two years. Cruise lines routinely write their tickets at those minimums, which is how a passenger loses a real claim in twelve months while assuming they had the usual two years.
A ticket can also name the court and the law that will apply, and whether a given clause is enforced is for a judge to decide. What it cannot do is sign away negligence: a vessel owner may not include in a regulation or contract a provision limiting liability for personal injury or death caused by its negligence, or limiting the right to a trial (46 U.S.C. § 30527). Deaths far offshore can fall under a separate statute. The Death on the High Seas Act covers a death caused by wrongful act, neglect, or default “occurring on the high seas beyond 3 nautical miles from the shore of the United States” (46 U.S.C. § 30302), and recovery there is “fair compensation for the pecuniary loss sustained” (46 U.S.C. § 30303), a narrower measure of damages than most families expect.
How an Illinois Claim Compares
Most people hurt on the water here are not in the Mediterranean. They are on Lake Michigan, the Chain O’Lakes, or a rented pontoon on a summer weekend, and Illinois boating is governed by the Boat Registration and Safety Act (625 ILCS 45). Where a claim arises on navigable water, federal maritime law may govern instead of state law, and the deadlines and damages rules can differ, so that question gets sorted out early in a Chicago boat accident case. For a state-law claim, the Illinois filing deadlines look like this:
| Claim | Deadline |
|---|---|
| Cruise passenger injury, seagoing vessel | As short as 6 months’ notice and 1 year to sue, if the ticket says so (46 U.S.C. 30526) |
| Illinois personal injury | Generally 2 years after the cause of action accrued (735 ILCS 5/13-202) |
| Illinois wrongful death | Generally 2 years after the death, brought by the personal representative (740 ILCS 180/2) |
| Claim against an Illinois local public entity | Generally 1 year from the date the injury was received or the cause of action accrued (745 ILCS 10/8-101) |
That last row catches people out. Illinois harbors, boat launches, beaches and lakefront parks are often run by a park district or a municipality. Fault is apportioned as well: damages drop by your share of it, and recovery is barred entirely only if you are more than 50% responsible (735 ILCS 5/2-1116). The same framework applies to a chartered boat, a kayak accident, or an Illinois wrongful death claim after a drowning.
Frequently Asked Questions
How long do cruise passengers have to sue after an injury at sea?
It depends on the ticket. For a seagoing vessel, a passenger contract cannot require notice of a claim in less than six months, or a lawsuit in less than one year, after the injury or death (46 U.S.C. 30526). Most cruise lines write their tickets at exactly those minimums, so the practical deadline is often one year rather than the two years many people assume. For covered small passenger vessels, the floor is two years.
Can a cruise line limit its own liability in the ticket?
Not for its own negligence. A vessel owner, master, manager or agent may not include in a regulation or contract a provision limiting liability for personal injury or death caused by negligence, or limiting the right to a trial (46 U.S.C. 30527). A ticket can shorten deadlines and name the court where a case must be filed, but it cannot sign away responsibility for negligence.
What law applies when someone dies at sea?
The Death on the High Seas Act may apply when a death is caused by wrongful act, neglect or default occurring on the high seas beyond three nautical miles from the shore of the United States, and it lets the decedent’s personal representative bring a civil action in admiralty (46 U.S.C. 30302). Recovery under that Act is fair compensation for the pecuniary loss sustained by the beneficiaries (46 U.S.C. 30303), which is narrower than what an Illinois wrongful death claim can cover.
How is an Illinois boating claim different from a cruise ship claim?
An Illinois claim generally carries a two-year deadline (735 ILCS 5/13-202), or two years for wrongful death (740 ILCS 180/2), and damages are reduced by your share of the fault, with recovery barred only if you are more than 50% responsible (735 ILCS 5/2-1116). If the boat launch, harbor or beach was run by a park district or municipality, the deadline can drop to one year (745 ILCS 10/8-101). Where the injury happened on navigable water, federal maritime law may govern instead, so the location and the operator both need to be pinned down early.
If you were hurt on the water in Illinois, the most useful thing you can do is find out which deadline applies to you before it passes. You pay nothing unless we recover money for you. Contact 844-SEE-MIKE for a free, no-pressure consultation.
General information about Illinois and federal maritime law, not legal advice about your situation.
