Second lawsuit filed in Triumph incident

[Luckysll]

There's been a class action lawsuit filed. Hope the people who seek out the attorney are aware that the only one who'll get anything out of this is the attorney. :rolleyes:

[CharmedMom]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

 

OMG, I agree - this is the best post I have seen yet. :eek::D:D

[Marla07860]

I think they are like me, frustrated by sue happy people who just want a free ride,with no regard to what law suits do to future rates for those of us who understand the risks of cruising,and buy cruise insurance for medical and other reasons. So go ahead and torch me. I just do not agree with the suing business,especially if there are no grounds..

 

who cares what law suits do to future rates. People trying to sue carnival isn't going to make rates go up that much.

[repo-cruiser]

There was an attorney brought in on Fox 4 News in the DFW area and they asked him if they were on that cruise and wanted to sue, could they? His response was that a lot of "rights" are signed away when you pruchase a ticket, and not just on Carnival, all cruise lines do this.

 

1. You can not do a class action law suit

2. you can only sue from the state of Florida.

3. You can not sue for pain and suffering.

4. Basically the only way to have a legit law suit is sickeness or injury. 5. And they have to submit their intent to sue within 185 days and can not sue after 1 year.

 

Sounds like the person from the lawsuit knew a sickness or injury was all they could sue for.

Your are way off base. First yes you can do a class action suit but if they are smart they won't.

Second, Yes the suit will be filed in Florida.

Third You most definately can sue for pain and suffering, this is the most idiotic statement of your post. For mental anguish 2 things have to occur, Carnival was having problems with this ship before this cruise left and that were prepared for the emergency that happened. In this case Carnival did know of the problems before hand and secondly Carnival was not prepared which has already been proven.

You have know clue of maritime law and trust me Carnival will settle behind close doors with a non-disclosure clause.

[repo-cruiser]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

You forgot

*Did you or your loved one get sick*

*Did you not get to sleep in poop*

*Did you not to get to use your insulin*

*Did we not feed you for 36 hours,while you were having an asthma attack*

*Did you have your personal items stolen while you slept*

*Will your kids who were frightened to death have nightmares for life*:mad:

[MissMeggieMurphy]

The thing I THINK is sad is that these IN MY OPINION frivolous suits are making it harder and harder for people with real, concrete issues and life ending or life threatening issues getting their day in court in front of an impartial and not already prejudiced jury who are tired of people getting something for nothing.

[babyher]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

 

Yes but there has to be a "condition" or a "syndrone" that is a result of this incident. I think you have a better shot at the big money if you now suffer from a syndrome. The longer ,fancier ,harder to pronounce the name , the better.

 

 

 

Hmmmmmmmmm "Vidalia Poopinbagger Syndrome" Nice and long and scary sounding , and it kind of sounds like it was discovered by a German Scientist.

[babyher]

Wait Wait

 

 

 

A TELETHON!!!!!!!!!!! Yes that's it

 

A telethon for the victims of The Carnival Triumph.

 

From this day forward they will collectively be known in the hearts of everyone as "Mickey's Kids".

[songbird1329]

There's been a class action lawsuit filed. Hope the people who seek out the attorney are aware that the only one who'll get anything out of this is the attorney. :rolleyes:

 

Haven't seen that yet.

 

Carnival's contract requires you to give up the right to be in a class action. Wonder how the attorney plans to get around that.

 

What is more likely to happen is that each separate suit will be consolidated for pretrial proceedings, but each plaintiff wilk have to prove his own case.

 

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[songbird1329]

Your are way off base. First yes you can do a class action suit but if they are smart they won't.

Second, Yes the suit will be filed in Florida.

Third You most definately can sue for pain and suffering, this is the most idiotic statement of your post. For mental anguish 2 things have to occur, Carnival was having problems with this ship before this cruise left and that were prepared for the emergency that happened. In this case Carnival did know of the problems before hand and secondly Carnival was not prepared which has already been proven.

You have know clue of maritime law and trust me Carnival will settle behind close doors with a non-disclosure clause.

 

You are the one who is off base.

 

Carnival's contract is onerous but enforceable. Which means that a class action is likely to be dismissed. And there can be no recovery for emotional distress in the absence of a physical injury. The pleadings in the two cases I saw are pled to get around the Carnival contract.

 

The investigation is in its early stages but so far there has been no indication of negligence on the part of Carnival, no indication that prior mechanical issues are even related to the fire.

 

I'm not so sure these cases are going to tesult in a big payout.

 

 

 

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[repo-cruiser]

Haven't seen that yet.

 

Carnival's contract requires you to give up the right to be in a class action. Wonder how the attorney plans to get around that.

 

What is more likely to happen is that each separate suit will be consolidated for pretrial proceedings, but each plaintiff wilk have to prove his own case.

 

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You are absolutely incorrect in that a class action suit can't be filed. Now it would be stupid of the passengers to join as Carnival will settle behind the scenes like they did for the Slendor fire.

[repo-cruiser]

Wait Wait

 

 

 

A TELETHON!!!!!!!!!!! Yes that's it

 

A telethon for the victims of The Carnival Triumph.

 

From this day forward they will collectively be known in the hearts of everyone as "Mickey's Kids".

Yes just like the tiny hurricane that hit the east coast ,Hurricane sandy. The east coast played that out to the hilts, just by shear damage it was not even top 20, yet the libs up there want millions a joke. Same thing according to you.

[songbird1329]

You are absolutely incorrect in that a class action suit can't be filed. Now it would be stupid of the passengers to join as Carnival will settle behind the scenes like they did for the Slendor fire.

 

You really think a federal coirt judge is going to certify a class when each purported member of the class signed a contract agreeing that he or she would not join a class action? Perhaps, but it isn't likely.

 

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[repo-cruiser]

Yes but there has to be a "condition" or a "syndrone" that is a result of this incident. I think you have a better shot at the big money if you now suffer from a syndrome. The longer ,fancier ,harder to pronounce the name , the better.

 

 

 

Hmmmmmmmmm "Vidalia Poopinbagger Syndrome" Nice and long and scary sounding , and it kind of sounds like it was discovered by a German Scientist.

Exactly like ADD, Austic, Bi-Polar, Post pardum ect...

[repo-cruiser]

The thing I THINK is sad is that these IN MY OPINION frivolous suits are making it harder and harder for people with real, concrete issues and life ending or life threatening issues getting their day in court in front of an impartial and not already prejudiced jury who are tired of people getting something for nothing.

Examples please , The fake union workers accidents have cost taxpayers billions , but what other examples, besides the fake post pardum joke?

[repo-cruiser]

You really think a federal coirt judge is going to certify a class when each purported member of the class signed a contract agreeing that he or she would not join a class action? Perhaps, but it isn't likely.

 

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Yes it has happened before .

[dwjoe]

Exactly like ADD, Austic, Bi-Polar, Post pardum ect...

Not sure what you're getting at. Are you suggesting these conditions aren't real?

[rellersi]

I have not had the time or the desire to read thru all of these posts, so if what I am about to say has already been mentioned in some way shape or form please forgive.

 

Yes it is true that those on the Triumph had a difficult 4 days but they were safe in no danger of sinking and had the coast guard with them the whole time., but to sue. come on really.

 

There is another group of people that go thru what they did every day, and in a lot of cases more and are not safe.

No running water

No hot food

sleeping in tents

no true toilet facilities

trekking knee deep thru infested waters and mud

and in a lot more danger than those on that ship

 

I am talking of course about the men and women in our armed forces. Yes now they are all volunteers and have the choice but that is not always been the case. So I have a solution, let these poor folks sue, but if they should by some miracle win their cases, the monetary judgements that they may be rewarded, should be sent to those men and women that assure that they had that chance to go thru what they did but came back safely and go on with their live's

[repo-cruiser]

I have not had the time or the desire to read thru all of these posts, so if what I am about to say has already been mentioned in some way shape or form please forgive.

 

Yes it is true that those on the Triumph had a difficult 4 days but they were safe in no danger of sinking and had the coast guard with them the whole time., but to sue. come on really.

 

There is another group of people that go thru what they did every day, and in a lot of cases more and are not safe.

No running water

No hot food

sleeping in tents

no true toilet facilities

trekking knee deep thru infested waters and mud

and in a lot more danger than those on that ship

 

I am talking of course about the men and women in our armed forces. Yes now they are all volunteers and have the choice but that is not always been the case. So I have a solution, let these poor folks sue, but if they should by some miracle win their cases, the monetary judgements that they may be rewarded, should be sent to those men and women that assure that they had that chance to go thru what they did but came back safely and go on with their live's

Your wrong. I am a military man, but I was trained and prepared for the conditions I would be in. Babies ,elderly and others are not trained to go without food for days , to sleep,walk and breath sewer excriments every day. A big difference. Now someone who places a hot cup of coffee between their legs while driving and wins millions is ridiculous(although you will have some on here defend them). Carnival cannot offer a future cruise to someone that went through that.(yes some it's no problem), but others wern't trained to go on a re-forger.

[drb116]

For everyone thinking that these lawsuits are off base, I don't think you are thinking about them correctly. Yes, things can happen, and yes Carnival can do their best once things happen, and maybe that is the case.

 

Their are two questions that people will not agree on and need to be answered by a jury:

1. Did Carnival do what is reasonable to prevent this incident from occurring in the first place? This is a reasonable question given CCL's recent history.

2. Once this occurred, did Carnival take a reasonable action to resolve the situation?

 

The only way to really answer these questions is to force the issue with a lawsuit.

[kellyccz]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

 

I heart you ShanZro!

[fuddrules]

Babies ,elderly and others are not trained to go without food for days , to sleep,walk and breath sewer excriments every day.

 

They didn't go without food for even a day let alone days. Also what is sleep sewer excriments? How do you sleep a sewer excriment?

[jonbgd]

but others wern't trained to go on a re-forger.

No one said you army guys were the smartest either:p:D

[zqvol]

"Industry giant Carnival has been hit with a second lawsuit from a Carnival Triumph passenger, ABC News is reporting.

 

The network says Lisa Williams, 42, of Houston claims to have suffered severe dehydration and bruising from aggressive food lines on the crippled ship.

 

Williams was so ill from the five-day ordeal that she had to be given intravenous fluids in a hospital emergency room when she returned home to Houston, her attorney tells ABC.

 

"Plaintiff has been exposed to extremely toxic and debilitating conditions resulting in severe and permanent injuries," the lawsuit alleges.

 

It was filed Sunday in a Miami federal court, ABC says.

 

The lawsuit follows one filed by a passenger on Friday, just hours after the 102,000-ton Carnival Triumph reached a dock in Mobile, Ala.

 

In the first suit, Texas resident passenger Cassie Terry, 25, of Brazoria County, Texas says Carnival "failed to provide a seaworthy vessel and sanitary conditions." She's seeking compensation for "physical and emotional harm, anxiety, nervousness and the 'loss of enjoyment of life."

 

I saw an interview on ABC. They said she was asking for $75,000.

 

 

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What a joke! In the end CCL will give her 5 - 10K, and seal it to shut them up. None of these plaintiff's have a leg to stand on.

[songbird1329]

Yes it has happened before .

 

Ok, in 28 years as a practicing attorney I have learned never to say never. I have, however, learned that facts, references and citations support an argument a lot more than broad statements. So I will ask you to back that up.

 

Carnival's contract is very clear and specific. And to the best of my knowledge the courts have upheld the terms of the contract in prior cases. Generally speaking, provisions regarding choice of forum, arbitration vs. court proceedings, etc. are upheld by the courts.

 

Of course it's likely that some enterprising attorney will come up with a theory as to why the contract should not be enforced and why the court should certify a class action.

 

I don't think it's a winner, for reasons described in this article. http://touch.sun-sentinel.com/#section/-1/article/p2p-74444794/

 

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