MIAMI — It looks as though Costa Cruises is headed to court, three years after a class action lawsuit was filed against thecompany in federal court.
The lawsuit, filed in April 2020 by Lipcon, Margulies & Winkleman, P.A., alleged that the Costa Luminosa set sail from Ft. Lauderdale on March 5, 2020 despite the fact that Costa Cruises knew at least one passenger from its previous voyage had shown COVID-19 symptoms.
When passengers expressed hesitation about travelling on the cruise, the lawsuit contends that Costa misrepresented that the vessel was completely safe and that passengers would not be allowed to cancel their trip without forfeiting money they already paid.
Three days after the ship left Ft. Lauderdale, the CDC issued a warning that “U.S. citizens, particularly travellers with underlying health conditions, should not travel by cruise ship.” The lawsuit alleged that passengers onboard the Costa Luminosa were not advised of the warning.
“Our class action complaint against Costa Cruise Lines seeks compensatory and punitive damages,” said the law firm.
The U.S. filed class action was ultimately dismissed because of a forum selection clause contained in the passenger ticket contract that stated that any claims had to be brought against Costa in Italy. Three years later, the Italian Court has now approved the class action case, allowing all passengers aboard the March 5, 2020 cruise to join the class action by Sept. 15, 2023 and potentially obtain compensation including reimbursement of the cost of the cruise.
