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Passengers Sue Cruise Operator Over Rough Seas

July 23, 2012 by

Athena Cruise ShipPassengers of a transatlantic cruise from the United Kingdom to New York are suing the cruise operator for injuries that they sustained during a storm that created rough conditions on their ship. In 2006, the Athena left England for a 24-day journey to New York, New England, and Atlantic Canada. En route to North America, the ship encountered severe storms that tossed passengers violently, with one man dying after falling down a flight of stairs. Seventeen other passengers sustained injuries caused by the rough seas and are now seeking damages from the ship’s owners and operators, Classic International Cruises S.A and Arcalia Shipping Company Limited. It all leads to the logical question: Is anyone liable for these injuries?

The Plymouth Herald reports that lawyers for the passengers are arguing that the ship’s operators were negligent for operating the ship in such dangerous weather and failing to provide adequate warnings to passengers. Lawyers for the defense claim that the case should be dismissed because of the many delays that have occurred in bringing it to trial, noting that some witnesses will be unavailable. It has been six years since the cruise’s disastrous voyage.

Such claims of weather-related negligence are not limited to cruises. In 2011, a woman sued Continental Airlines after severe turbulence on a flight led her to be diagnosed with post-traumatic stress disorder. She claimed that she subsequently suffered from nightmares, flashbacks, and an intense fear of flying. Other claims of injuries being caused by turbulence have been thrown out of courts because “acts of God” do not make airlines liable for injuries sustained to passengers.

However, arguments can be made that those in charge of commercial planes and ships do have a responsibility to provide adequate warnings to passengers in times of danger. Should the Athena’s captain have been more proactive in alerting passengers to the incoming weather and the perils that it could create?

Have you ever been on a cruise during a violent storm? Do you think that the cruise operator is at fault in this case? Share your thoughts in the comments.

2 Comments

  • RobRob says:

    I’m inclined to point out that there is inherent danger in any step beyond your front door, and the majority of it will not come with warning sirens or flashing lights. If you don’t have the common sense to deal with it then don’t step outside. There is no way the Captain could have predicted and warned passengers of every possible outcome from a storm any more than your local weatherman could warn you of a sudden hail storm out of what was forcast to be a “slight chance of showers.”

  • ruth says:

    NO…. WHEN YOU GO ON ANY TRANSATLANTIC THERE ARE BOUND TO BE ROUGH SEA’S .If the boat is bouncing about and YOU do not use DUE caution . Sorry BE an ACCOUNTABLE Adult . Who the heck heads for the steps? an idiot? . I was on a Boat and the seas were to die for Massive. Its is an awsum sight to watch the majestic Oceans do their biding . The boat I would think made many a but fearful and uneasy . THIS INCLUDES THE CREW .respect the sea .Be prepared for who knows what. Don’t run to the bar and get knackered.KEEP SENSES.if you have any to start out with.

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