Not if you have a choice.
The passengers, and their lawyer, claim Captain Peterstam had a choice. If he could have gone round about, roast him and Norwegian Cruise Line.
But in the end, the passengers may indeed NOT have a claim. In another article came this bit of info: "The Coast Guard has said the ship's captain acted appropriately."
From what I understand, there was no way they could have predicted a rogue wave. I am not sure, but that seems to be the case.