Would you sue if you were on Triumph?

[katiel53]

A lack of maintenance (the cruise before this missed ports due to engine problems, see previous posts on CC) and you are calling this an act of God???

 

I am done with this thread, this is whats wrong with society, people never never holding those in charge with any type of accountability. This is why our country is in such a mess.

Enjoy being a sheep.

 

PG

 

Just because one doesn't agree with you, one becomes a sheep huh? Well, I don't agree with you and I do speak/use my mind. It's people who are part of the ME ME ME ME ME ME group that ruin it for others. You know, the ones who would sue over this accident.

 

I do believe in accountability, but one has to look at all angles, not just the one that will serve oneself the best. It's a shame there are so many people trying to make a quick buck and those are the ones I don't respect in any way, shape or form.

[coolson_2000]

From that article

 

some passengers report sewage sloshing around in hallways

 

To me this does not constitute "filled with raw sewage". Disgusting? Absolutely. But to make that claim is just ridiculous.

 

To be balanced, here is one more quote from that article

 

But not all passengers share the same dire view of the situation.

A poster on the cruising forum cruisecritic.com said her sister reported passengers have enough food and are "enjoying the extended vacation."

 

Obviously, YRMV

[justbeme2001]

Sailing in 18 days on the Ecstasy and I am still just as excited as I was before!! I will still sail with Carnival

[martinm]

Would you sue CCL if you were on the Triumph?

 

I would.

 

PG

 

 

I would not... Stuff happens and I will get another vacation out of the deal.

[truecruiser]

What were your injuries and what damages did you sustain?...

 

That remains to be seen...

 

... an unfortunate accident that no one had control over.

 

this too.

 

Just being real.

 

No one knows if a cause of action will lie here. No one knows any facts, or the state of any particular passenger or the damages s/he may have incurred, or the injuries suffered.

 

If a passenger can show negligence, causation and damages and then sues, it's not up to anyone on this board to speak to it saying they have no COA.

 

It's so easy from the bleachers, isn't it?

[Loonbeam]

I'll speak strictly legally.

 

IF (and its a big if), it can be proven that Carnival had a reasonable expectation that an incident similar to this could occur, then there is basis for a suit, as gross negligence would override many of the contract restrictions. In that event, you can certainly make the case for mental and physical distress for some people. But the key would be proving Carnival intentionally ran a ship out there knowing of a risk of fire, and that's a high bar without a whistleblower. If not for reported propulsion issues prior giving a wedge, I wouldn't pursue it.

 

Since Carnival is refunding monies spent plus additional monies, breach of contract does not apply.

 

What WILL happen is that people will file a class action suit hoping that Carnival would rather settle (or their insurance company) than face more publicity. Companies are less prone to this now, but it could happen depending on the amount asked for in the suit.

[pbmsmile]

Come on people, this is really getting out of hand! With all travel there is a certain amount of risk and cruise travel is no different. I could understand all this talk of suing if Carnival could have in some way forscene this fire and the subsequint ocean float...but they could not. I think Carnival has not only been fair but beyond fair to all the parties involved. Yes, it is aweful, and the fact that people are not returning home until 4-5 days afteR they were scheduled to return is a huge pain in the a**...but to SUE THEM...COME ON!!

[palmtre2]

PG, stop playing devil's advocate!!!!

[foxesden1]

DH and I were talking about this last night. How many X's does CCL have now? Two fires and a sinking ship (not really CCL fault) but leaves the idea that maybe staff training is lacking in some areas/ companies/ of Carnival Corp.

 

We have two coastal cruises booked right now- and we were looking at a Hawaiian. Not quite sure if that will still be on the table. My MIL has refused to Sail Carnival because of the first fire - the chances of getting her on a CCL are very slim and next to none now I think.

 

I think I read that the same ship had issues two weeks ago - is that not correct? They got her up and running, and still went out to sea.

 

And now a fire. I am hoping a report comes back and it states that the two issues were NOT connected. Loosing faith is a company is not the best way to build and keep a brand.

[firemanbobswife]

Gotta love the era of entitlement. The evil big Carnival Corporation did this on purpose blah blah blah. Give me a break. My answer by the way is NO.

[SingBill]

We don't have anything booked, but would sail Carnival again

[temple1]

Actually what is wrong with our society are people with the mindset to sue at the drop of a hat. Suing does not always equate to accountability. And I do believe you were the one who started this ridiculous thread.

 

Have you ever tried to sue someone in today's modern court/corporate system?

 

Unless you can find a good attorney with deep pockets to front the expense of suing a large corporation, you're pretty much out of luck. Even then, most of the time the corporation has a whole fleet of highly paid attorneys who will pull everything they can to prevent you from being compensated.

 

Even small companies now force their customers into arbitration, which you have to pay for the privelege of using. Ever read the back of the receipt at some businesses? As soon as you paid and accepted the receipt you've agreed to use arbitration (their arbitrator, your expense) to resolve problems.

 

Even if you have been seriously damaged it is unlikely you will get your day in court. Most of the time your attorney will push you towards accepting the opponents offer of settlement, even if you have a good case.

 

Personal experience - years ago I broke my leg. My fault, not an issue. The issue was the dr's missed a crushed bone, nerve damage and torn ligaments. By the time the reason for my lingering issues was discovered by another doctor the damage was pernanent. I considered bringing a case against the original orthopedist and my primary physician (his response - you're a woman and it's all in your head) but it was almost impossible to find an attorney with the type of experience that would lead to a successful outcome. Even the one I found required quite a bit of money up front before even consulting with a lawyer.

 

So yep, there are plenty of ambulance chasers, but all they want are the easy pickings with the class action suit where they get all the $$ and the victims get - little or nothing.

 

So keep on championing the large corporations, they are holding all the cards.

[onthehighseas606]

 

Having to eating vegetable sandwiches and not being able to charge your cell phone.

 

Kinda like being stuck in a snow storm in your house with no power, and only thing in the frig is bread and lettuce. Sue the power company? LOL!

[EnTnSA]

Just playing devils advocate here, I also didn't read the entire thread, but i could see pain and mental anguish? People could claim they are suffering from PTSD because of the incident, in fact some people may truly be.

 

What about those with lost wages, or potentially lost jobs?

 

I think I would consider it, especially if I had my son on board and he was suffering mentally or physically from it.

 

Would take a lot to prove the case, as I believe you would need to prove Carnival was negligent in some form or fashion. I have a feeling that Carnival would likely settle out of court with you to avoid having to go through discovery and potentially reveal any negligence there may have been with ship maintenance.

[Babr]

I'm wondering about when people start getting sick. Noro happens in the best of circumstances. Seems to me that sanitation would be a serious challenge under current conditions.

 

Maybe Carnival couldn't do anything to prevent the fire, but what about forcing people to endure six days of rather hazardous conditions. Seems akin to the people who sue the airlines for holding them on the tarmac too long.

 

Can't they do anything to get them off - evacuation at sea?

[Cristallo]

I've followed this thread pretty well and there are 2 types of people...

 

Type 1- Everything in the world happens as an act of God, I'd make the best of what is only a camping trip, Carnival had nothing to do with it, I prefer to poop in bags, only poor people out to make themselves rich sue, you can't sue because it's selfish and the price on my next cruise might go up.

 

Type 2- I wouldn't wish this trip on my worst enemy, maybe as has been reported on prior threads Carnival should have looked into the repeated engine issue.

[choclitsnda]

Not only would I NOT sue. I'm actually a little jealous of those onboard. They got this cruise (that ends with a little discomfort) and then basically the money to go on 2 more cruises. Where do I sign up??

 

Note:** I say a "little discomfort" because from what I've heard they're getting food and beverages and having to sleep in open areas of the ship because of lack of air conditioning and that some of the toilets don't flush.To me those are minor problems in the grand scheme of things. If there is something more tragic going on then I would change my stance.[\QUOTE]

 

My thoughts EXACTLY.

[RyanDMB99@aol.com]

Because this is America... Any inconvenience, and deviation from the "plan", anything out of the ordinary... Is a reason to sue and get free money. Frivolous law suits are trendy. Im sure id be miserable on that ship right now, but Id come home, have a story to tell, and move on...

[grozas]

There will be lawsuits. It's a given.

 

Not that the idea of filing a lawsuit is priority for any of these passengers, more likely, the blood sucking lawyers that will be chasing them.

 

And they don't have to win a single law suit. They don't want to win one. They don't want to go to trial. They want to settle out of court.

 

Know a few accident lawyers. They have 20 suits filed and if a couple of the settle - pays for the whole mess. Rest is gravy.

[kybluecruiser]

Just throwing this out there......but there is a long history of problems with Carnival Line and some of Carnival Inc. Where some other lines are not having near the same ratio(# of vessels to incidents) of incidents!

 

AKK

 

The other lines have problems too. Just google them or look on Wikipedia. Carnival being the largest seems to get more press than others.

[cruise-a-haulic]

I agree whole-heartally. If the screwed-up system wouldn't allow frivolous lawsuits in the first place maybe these bums would think twice. It's all in how you're raised.

[truecruiser]

It's international maritime law, not the US judicial system. There is no jury in maritime law, just a judge. Unless the plaintiffs can prove gross negligence (not likely to be provable) the cruise line will prevail.

 

I firmly believe that Carnival needs to make everyone whole. That includes lost wages, pet sitting, child care, airport parking, even late fees because they couldn't deposit their paycheck and/or pay bills, anything and everything over and above what they would have spent should be reimbursed.

 

My concern is with people who might lose jobs because they aren't able to show up for work. Carnival needs to do something for them as well.

 

This is a case where a few dollars spent will return sevenfold in customer loyalty--both for those on the cruise and those who hear about how fair the business was and how much they actually cared.

 

A great case study is US Airways after the Miracle on the Hudson. US Airways bent over backwards to take care of those passengers. They went incredibly above and beyond to return passengers belongings, pay for therapy, you name it. They made immediate cash payments--not just a voucher for another flight. A diamond ring was returned personally by a senior level executive. They achieved incredible brand loyalty by the way they handed that disaster.

 

umm, not exactly.

 

CCL will have a Forum Selection Clause (FSC) in its ticket contract. For CCL, this is probably Florida (for it's Costa line, however, it may very well be Italy).

 

Suit can be filed in Fla.

 

Federal Law will govern both any dispute over the FSC, and if the ship is in navigable waters, any suit will also likely be governed by US Federal Admiralty law if the COA contains the required nexus for maritime torts.

[awaywego0000]

That depends on the cause of the flood. If it's weather related, I guess sue the Pope or something. If it's caused by negligence of a construction crew who breaks a water main or something along those lines, you've got a good cause of action and will prevail against them.

 

Aw, the Pope? You wouldn't sue the Pope would you?

[Cristallo]

So lets say I have my car have engine problems causing my car to be uncontrollable last month, a week ago and then the day before I slam into you totaling your car, making you miss work and possibly making to sick?

 

It was an act of God and I really didn't mean too. Sorry, you understand right?

[EnTnSA]

Paul would you rather be on a airplane at 35,000 feet when they have a engine fire or a cruise ship setting in the Gluf of Mexico? I think most would pick the ship.

 

 

I think most would rather be on neither.