Captain Schettino’s actions during the Costa Concordia sinking were “the very definition of gross negligence,” a legal expert has claimed.
Francesco Schettino was the Costa Concordia’s captain when the liner ran aground on the Scole Rocks near Giglio Island, Italy. The ship only set sail two-and-a-half hours prior for a week-long Mediterranean voyage when it scraped across the rocks, leaving a 160-foot gash in the boat’s hull.
Netflix’s Shipwrecked: Nightmare at Sea covers the harrowing tragedy that left 32 people, including a five-year-old girl, dead. The documentary, which includes passenger footage, exclusive interviews with survivors, and phone call recordings, details the spine-chilling events from January 13, 2012.
As viewers will see in the documentary, the vessel’s captain, Francesco Schettino, would be jailed for 16 years and one month, having been convicted of manslaughter, causing a maritime shipwreck, abandoning ship, and providing false or misleading statements to maritime rescue authorities.
However, it wasn’t just after the collision that Schettino made poor decisions, as it was his choice to do a “salute” that led to the tragedy in the first place.
The disgraced captain chose to veer off course to “salute” the island of Giglio at the request of a head waiter whose family lived there.
Schettino also reportedly chose to “navigate by sight” in pitch-black darkness, turning off the computerized alarm system, something he can be heard panicking about in the new Netflix film.
Additionally, Schettino sailed the ship at excessive speeds as he approached the rocky coastline. He also brought guests up onto the bridge that night during the critical maneuver, which in turn left a 160-foot gash in the hull.
After the crash, Schettino’s delay in raising the alarm was a huge error of judgement. For nearly an hour, he told the Italian Coast Guard and his own passengers that the ship was merely experiencing a temporary “electrical blackout.” Panicking passengers were even instructed by crew members to return to their cabins, costing precious survival time.
He also delayed the evacuation order and then abandoned ship prematurely, which was documented in the documentary via a spine-chilling phone call with the coastguard.
In turn, he was convicted of manslaughter, causing a maritime shipwreck/disaster, failing to properly report the scale of the disaster to maritime authorities, and abandoning ship.
Speaking exclusively to the Mirror US, Jason R. Margulies, partner and maritime attorney at Lipcon, Margulies & Winkleman, P.A, labeled Schettino’s actions “the very definition of gross negligence.”
Delving into the gross negligence, Margulies said, “The captain had to face the criminal justice system for his behavior, though the way he behaved also gave rise to Costa’s liability in the civil cases, since Costa is legally responsible for the actions of its captain.”
Continuing, the maritime legal expert added, “To be clear, in addition to the captain’s actions, Costa is legally responsible for not only the captain’s failures but also the failures of other officers and crew, because cruise lines are responsible for how their employees, including the captain, behave.”
Margulies also noted how Schettino’s aforementioned actions, such as “the captain’s prolonged false narrative,” helped contribute to injuries and deaths.
However, the expert pointed out that Schettino didn’t need to be the final person off the ship; he just needed to stay until the evacuation protocol was complete.
“While nothing says the captain has to be the last one off the ship, traditional protocol and responsibility as the highest ranking authority aboard the ship dictate the captain stay during ship evacuation protocols,” explained Margulies, “And, here the captain leaving while passengers are still aboard the sinking ship is the very definition of gross negligence.”
