Legal Daily News Feature

Legal, and Other Consequences Following Costa Concordia Disaster

By Rebecca E. Neely In addition to the tragic deaths of an unknown number of people aboard the now wrecked Costa Concordia, due seemingly to the both the arrogance and cowardice of one lowly captain, the estimated 2,400 metric tons of fuel on board has made the ship a threat to the environment. And, a costly clean up and removal of the ship could take months, or years. As well, the tragedy has thrust the largely unregulated cruise line industry into the forefront. What legal consequences will result?

01/23/12 Regarding the captain, Francesco Schettino, whos under investigation for manslaughter, is now saying he didnt abandon the ship; he tripped when the ship was askew, and found himself in a lifeboat. He is accused of deviating from a preset computerized course to show off the $450 million beauty. Italian prosecutor Francesco Verusio was quoted as saying in a recent interview with reporters: We are struck by the unscrupulousness of the reckless maneuver that the commander of the Costa Concordia made near the island of Giglio. It was inexcusable. Snippets from the recorded conversation between Francesco Schettino, the captain of the Costa Concordia cruise ship, and Gregorio De Falco, a captain in the Italian coast guard: De Falco: Listen Schettino. There are people trapped on board. Now you go with your boat under the prow on the starboard side. There is a pilot ladder. You will climb that ladder and go on board. You go on board and then you will tell me how many people there are. Is that clear? Im recording this conversation, Cmdr. Schettino... Schettino: In this moment, the boat is tipping. De Falco: You go aboard. It is an order. Dont make any more excuses. You have declared abandon ship. Now I am in charge. You go on board! Is that clear? Do you hear me? Go, and call me when you are aboard. My air rescue crew is there. However, Schettino never did return to the boat. Regarding the cruise line industry, issues under scrutiny include the quantity and quality of safety information and

training required for passengers and crew members, as well as how much authority a captain has to change a route. Pier Luigi Foschi, Captain Schettinos boss, was quoted as having said during a recent press conference: The fact that it left from this course is due solely to a maneuver by the commander that was unapproved, unauthorized and unknown to Costa. After the tragedy of the Titanic, it seems unfathomable such a tragedy could take place, in light of the technology at the worlds fingertips. Because of the global outrage following the loss of the Titanic, an organization, Safety of Life at Sea, or Solas, was established. And though a United Nations agency, the International Maritime Organization, manages maritime safety via international conventions, it has no policing authority. In addition, the wrecked cruise ship could likely be the largest insured loss in maritime history, according to both analysts and industry experts. The loss could top the charts at $1 billion. Environmentally speaking, the waters surrounding the Tuscan Archipelago close by are home to rare plants and animals, including Mediterranean monk seal, which is an endangered species. Though many precautions have been taken to ensure that no fuel leaks, booms have been staged around the wreck site and fuel will be extracted from the ship by a salvage company a process that could take weeks. Greenpeace expert Alessandro Gianni was quoted as having said: If all this fuel is lost it is going to be a serious disaster. A picture is worth a thousand words, and though the sight of a grandiose cruise ship on its side, plunged into the sea, is almost enough in itself to convey the severity of the situation, Anderson Coopers interview of a diver, televised on January 17th, hits home as well. Watching footage of the diver, tying off a labyrinth of safety line in the depths of the sea,

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amongst the wreckage, and describing the disorientation those searching for bodies could feel, and the painstaking efforts being taken to recover any survivors, is heart wrenching. Most assuredly, as the world reacted following the tragedy of the Titanic, new laws and regulations will be put in place for safety and accountability laws that will no doubt have global consequences.

Perhaps this tragedy may serve as a grim reminder to us all that arrogance carries with it a steep price, Mother Nature is in charge, and that the technology we so dearly love is only as good as those using it.

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