Second Class Action Suit Filed in Carnival Triumph Mishap

Carnival Corporation is already facing a class action lawsuit after their cruise ship, the Carnival Triumph, left over 3,000 passengers stranded for five days without acceptable sanitation conditions or electricity.

The lawsuit, filed Monday in a Miami federal court, claims that the cruise operator should be responsible for the physical and emotional distress imposed on passengers, as well as punitive damages. It also alleges that Carnival did not provide a “seaworthy” ship, and negligently towed the luxury liner to Alabama for repairs – instead of the intended Mexican port – based on financial convenience. This action ultimately prolonged the trip by about 350 miles.

Passengers were exposed to human waste, sewage, and disease as the vessel listed while drifting and when it was under tow, according to the suit.

According to Reuters, the complaint does acknowledge that the Triumph ticket limits passengers' rights to bring a class action, but that provision should be voided by Carnival's negligence in using an unseaworthy vessel and not towing the ship to the nearest port.

A spokesperson representing Carnival Corp. stated that the company does not comment on pending legal action. However, they have already offered affected passengers $500, reimbursement for their transportation and many onboard costs, and given them a credit toward a future cruise equal to the amount they paid for the Triumph vacation.

Local maritime law experts have different views on the lawsuit. Some say that passengers should accept the offered compensation, but still consider suing. Others stated that the compensation agreement was probably more than Triumph passengers would likely win in court. 

This is now the second reported class action lawsuit in the Triumph disaster.