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Would you sue if you were on Triumph?


paulgraff

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[quote name='songbird1329']Sigh. No one seems to be paying attention to the legal eagles on this tgread. Shaking my head here.
[/quote]



Apolgies but I've let common sense take over. I ask myself, is this more like a cruise ship vacation or floating around the Gulf Of Mexico in a mobile Super Dome a week after Katrina.


The answer is simple, well for me it is. No one paid to be stuck in the Super Dome after Katrina.

:)
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Passengers already will be getting a full refund plus a Carnival credit for the amount of their cruise.

If I was sitting on that ship, I would be mad as hell, uncomfortable, and wanting someone to pay for my inconvenience.

Carnival is now offering everyone an additional $500 for the inconvenience on top of the refund and credit.

This sounds fair to me, but I am not sitting on that ship.

I am sure there are some who will suffer more damages, financial and emotionally than others, but sitting at my computer with a hot cup of coffee writting this response I feel Carnival is trying to be fair.
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[quote name='bobnsons']Apolgies but I've let common sense take over. I ask myself, is this more like a cruise ship vacation or floating around the Gulf Of Mexico in a mobile Super Dome a week after Katrina.


The answer is simple, well for me it is. No one paid to be stuck in the Super Dome after Katrina.

:)[/QUOTE]

This very thought came to my mind last night. A floating superdome.:(
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[quote name='mcgratru']Oh for heaven sake.....sometimes it seems like Americans only do things in life to get an opportunity to sue someone.....pathetic!![/quote]

Pathetic is someone who puts hundreds of millions of good people in a group with a small group of people that take advantage of any situation-and you do not think you have your share in Canada?:confused: This is not the venue to bash nationalities.
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I am in no way shape or form minimizing the horror that those people had to endure for a week and I have to speak for myself as if I went through that. I would just be thanking GOD and the universe that I still have my life. Being the type of person I am and hearing what those people are going through. I would take what they (CCL) give me and get far away as possible LOL... But I know not everyone think like that.
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[quote name='E-rok']Just a quick question...

This whole thread got pretty amusing. To sue vs. not to sue, Americans vs. Canadians, etc.

I only read it until page 4 when our OP "Paul" got scared off.

Did he ever come back in the pages thereafter?[/quote]


Yes, several times.
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Could you imagine if...

"Welcome to Mobile. Please have each member of your party complete and sign the Settlement Agreement and Release of Liability form (not entitled such, of course), which was distributed to you all last evening, and kindly hand it in to the crew as you you debark the ship.

This will allow us to better facilitate your refunds." :eek::eek::eek:
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[quote name='paulgraff']No I did not get scared off by people insulting me just because I asked a question. I think its very funny so many of you get offended by a simple question, "to sue or not." And lets face facts, law suits will be filed against CCL in this matter.


Also, I am not a lawyer nor a CCL hater. I have sailed CCL about 8 or 10 times and think they are a good value for the money.

But I just believe these people are being put through hell and deserve more than a comped cruise and a future free cruise that many will not take due to what they are going through today.

We will see if I am right or wrong, but I am betting the stories that come out of that ship won't be pretty.

PG[/QUOTE]

Well this whole post is stressing me out so maybe I should call my lawyer. LOL
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Carnival Cruises has already begun doing damage control...
Hubby and I received a voice message on our cellphones from their Sales Dept about the "spectacular deals that we have going [B]TODAY[/B]" and "please call us immediately to take advantage of this great opportunity." The PR wheels are spinning.

Maybe this WOULD be a good time to book...;)
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I absolutely would not sue. I would want my money refunded (check!), a free cruise in the future (check!), accommodations, food money and transportation provided upon arrival in Mobile and to Galveston (check!). That would be enough for me. On a side note, Triumph has had problems for a while now. Never would've booked on that ship.
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[quote name='gelo7']No, just not a litigious person. In my nearly 52 years, it has never crossed my mind to sue someone.[/quote]
You tell that to the patient who had his functioning kidney removed by a surgeon.:eek:
Obiviously, no one has ever harmed you due to negligence.
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[quote name='sakapfet']You tell that to the patient who had his functioning kidney removed by a surgeon.:eek:
Obiviously, no one has ever harmed you due to negligence.[/QUOTE]

That is completely different, and a million times worse, than Carnival passengers being greatly inconvenienced on the Triumph. Not a good comparison at all.

I seriously can't believe this thread is being allowed to continue. I've seen other threads, so much less controversial, getting closed quickly yet this one goes on and on and on. Odd.
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[quote name='ducklite']Had McDonald's simply paid her medical bills which was all she had asked to begin with, they would have only paid around $10,000. Everyone misses that part.[/quote]
I believe it was closer to $20,000. I am sure you will be able to post the accurate and correct amount after you google the case.
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Things I am looking forward to when the Triumph docks...

 

I can't wait to hear the reviews on this cruise and just how long it takes for the class action law suit to hit the courts... and yes I would sue too.

 

And if I was on board I would be so pissed that they cut off the booze.

 

PG

 

Don't hold your breath. Erin Burnett on CNN just interviewed Jim Walker, a maritime lawyer and cruise safety expert. She asked if the passengers had the right to sue or would it be appropriate for them to sue. Here is his response:

 

"Erin, to determine what rights a passenger has you look at the passenger ticket. The pasenger ticket is considered to be the binding contract between the cruise line and the passengers. I used to be a defense attorney for the cruise lines. The cruise lines for decades have drafted those tickets to essentially strip all the rights away from the passengers so you can read all the terms, if you can read all the fine print, you won't find any rights in there. So at the end of the day, if Carnival does in fact reimburse the cruise fare, waive the expenses, pay their airfare, give them a new voucher equal to their lost cruise, and then give them $500, they are going to be receiving more than Carnival legally has to pay. Now the exception to that, and you've touched upon it, is if there is a physical injury of any type or a physical illness. So if someone comes down with hepatitis, let's hope not, legionairre's disease, let's hope not, some type of gastrointerstingal virus due to the unsanitary conditions, then you could have legal recourse. Otherwise, you're out of luck."

 

They have already inteviewed several passengers who have stated that they have not noticed sick people. If the passengers return and then get sick, it is unlikely that it will be enough people to rise to the level of a "class action." Carnival has already said everything they are going to do for the passengers as a result of this horrible incident and it is far more than they had to do. Yes it was horrible conditions. However, no one died and they aren't sick so why does Carnival owe them anything more than a refund of their cruise fare? It's not like Carnival said, let's start a fire on the Triumph this week, not give people food, have raw sewage everywhere and then float around at sea for 5 days and see what happens. As far as I'm concerned, they've gone above and beyond what they needed to do in light of the situation. They've planned transportation and accommodations for these people in addition to all the other things they are doing for them. I've seen interviews of people (family members of passengers) who are saying they are not going to take advantage of that and don't trust Carnival to get them a place to stay for the night or get them home, etc. Ok stupid, then get your own hotel room, transportation, etc. If people don't like it, well then there are other choices for cruising, they don't have to cruise on Carnival.

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No, I would not, not unless something else should arise later for example developing some sort of sickness caused by exposure to something on the ship.

I was just listening to a former cruise defense attorney, he stated the contracts we sign nowadays pretty much sign any of our rights away except for things like a sickness. He stated any compensation CCL is giving is beyond what they are legally required to do.

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not 100% accurate. negligence would be a hook. it's all over the case law, and it's a carve out in their own ticket contract. damages would have to be suffered and 99.9% of the time it would end in settlement.

 

A settlement doesn't mean they couldn't, or more importantly didn't, successfully sue. It only means that a formal judgment wasn't entered against them.

 

Things are not so cut and dried.

 

There's too much still unknown. Everyone seems to be fine, and if they are it's a waste of time.

 

But, I'm still not convinced Carnival didn't send that ship out knowing full well it shouldn't have left the pier. That's the thing I am most interested in learning from the investigation findings, and it's important to me personally because I loved this line, and the thought they may have deliberately jeopardized people for their bottom line $ has shaken my faith in the company as a whole.

 

But the crazy thing is... as we discussed pages ago.. even if they (did this) -- were negligent or reckless, they wld be completely free if there were no damages sustained.

 

Not even a slap on the wrist.

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