A Florida appeals court threw out a case over the sunken Costa Concordia that crashed off the coasts of Italy in 2012. The case was one of many that were filed in the United States but that have all been dismissed by U.S. courts for a number of reasons.
Since the plaintiffs have been cut off from filing in the U.S., they must now look to the Italian courts for justice after what happened. It is common for plaintiffs to prefer to bring their case in U.S. versus foreign courts for several reasons. Probably the most important reason that U.S. courts are preferred is the image U.S. courts have of adhering to rules no matter who is involved.
In the U.S., large companies, the rich, and powerful are successfully sued by individuals with no particular distinction. The reason why a person without the fame and fortune can and does get results is because U.S. courts pride themselves to dealing out justice blindly. Unfortunately for these plaintiffs, they will not be able to bring their personal injury cases in Florida.
Cruise Ship Accident and Suit
In 2012, the news of a cruise ship crashed off the coast of Italy rocked the news world. Images of a turned over cruise ship in the ocean caused everyone involved to find out how something like this could happen to a cruise ship. In the ensuing investigation, it was revealed that the captain for the ship deviated from the planned course to do a sail-by salute. But going off course caused the ship to run aground of a reef and sank the ship.
It was not long after the ship’s accident that survivors filed lawsuits in Florida for the damages they sustained. They sued in Florida because the ship’s parent company has its headquarters here. But Florida courts were unanimous in dismissing the case, for several reasons. First of all, the case should have been brought in Italy because that is where the evidence and witnesses are. And secondly, Italy is an adequate venue where the victims could find reprieve for the damages sustained. Finally, trying the case in Florida, versus Italy, would be an unfair burden for the company to sustain.
Now, the case will not be tried in U.S. courts. Going forward the plaintiffs must look to Italian or other courts to get compensation for the injuries they sustained by enduring the shipwreck. Of course this would not be the result had the accident occurred in or around Florida.
Boating Accidents in Florida
Florida is home to the nation’s most beautiful beaches, ocean views, and water recreation. Boating, cruising, and enjoying the water is a large part of what Florida and its visitors do each day. Unfortunately, enjoying the water in this way can carry risks. All too often we hear and read about reports that people drive boats under the influence of alcohol, causing injuries; and enjoying a cruise can soon turn into a nightmare if a cruise employee is negligent and causes harm to a passenger.
At The Pittman Firm, we help victims of negligence recover for their injuries. We take this role seriously, and do everything in our power to ensure that the victim recovers what is fair and just. If you have been injured in a boating accident, contact us. We will help you understand what your rights are.See related blog posts: Supreme Court Rules in Favor of Drunk Driving Accident Victim; Drunk Driving, Accidents, and Responsibility.