Articles Posted in Cruise Ship Passenger Rights

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A newly released audio exchange between Port Authority and Costa Concordia Captain Fransesco Schettino was released today. Below is the transcript of the exchange:

Captain Schettino: It’s Capt. Schettino.

Port Authority: Schettino, listen to me, there are people trapped onboard, now you go back, you will go with your rescue boat under the stern of the ship, there are some steps, you climb those steps and you get onboard and you get back to me letting me know how many people are on board. Is that clear to you? I am actually recording this conversation captain.

schettino.jpgPort Authority: Speak in a loud voice.

Captain: So, the ship right now …

Port Authority: Speak in a loud voice! Put your hand by the microphone to cover it and speak up! Is that clear?

Captain: So, right now the ship is tilted…

Port Authority: I understand that. Listen to me, there are people that are getting off using the rope ladder on the stern side, you go back there and you go up that ladder the opposite way, you go onboard the ship and you tell me how many people [are there.] And what they need. You tell me if there are children, women or people that need assistance and you give me a number for each one of these categories is that clear?

Captain: Officer, please.

Port Authority: There are no “pleases!” Get back on board! Please assure me that you are going back on board.

Captain: I am here on the rescue boat. I’m right here, I didn’t go anywhere else, I’m here.

Port Authority: What are you doing captain?

Captain: I’m here to coordinate rescue operations.

Port Authority: Do you refuse to do that?

Captain: No, I’m not refusing to do that.

Port Authority: Are you refusing to back on board?

Captain: No, I am not refusing to go back. I am not going because the other rescue boat stopped.

Port Authority: Get back on board! This is an order! You don’t need to make any other assessment. You have declared that you have abandoned ship, therefore I’m in command. Get back on board right now is that clear?

Captain: Officer…

Port Authority: Can you not hear me?

Captain: I’m getting back on board.

Port Authority: Then go! And call me right away when you are on board. There’s my rescuer there.

Captain: Where is your rescuer?

Port Authority: My rescuer is on the stern side, go! There are already bodies, Schettino! Go!

Captain: Officer how many bodies are there?
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The Eleventh Circuit Court of Appeal’s recent decision in Johnson v. Royal Caribbean Cruises Ltd., invalidating releases for activities on cruise ships, which was participated in by Leesfield & Partners‘ Robert Peltz as amicus curiae on behalf of the Florida Admiralty Trial Lawyers Association, is an important decision protecting the rights of cruise ship passengers, who are injured as a result of the negligence of cruise ships and their crew.

Read Robert Peltz Bio

Although RCCL centers much of its advertising around the FlowRider and other similar activities on its ships, it requires passengers to sign releases discharging it from all liability in participating in these activities, even for the negligence of its ship and crew. In Johnson, RCCL convinced District Court Judge Moreno to throw out Ms. Johnson’s case based upon the release, which she was required to execute. As a result, she never had the opportunity to have her case heard on its merits.

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