Second lawsuit filed in Triumph incident

[songbird1329]

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.

 

No, the NTSB investigation can take care of that.

 

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[ducklite]

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:

 

Sometimes lawsuits are filed to achieve something other than monetary results.

[Big_G]

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

 

No matter what hazards befall us, people will always seem to find someone else that had it worse. That doesn't automatically diminish the individual's experience. I got food poisoning on a Princess ship. Should I be grateful because people are starving in 3rd world countries.

[ducklite]

Carnival will settle behind close doors with a non-disclosure clause.

 

I suspect this will be the case with some of the lawsuits or even NOC filings. At this point the last thing Carnival wants is more dirty laundry out in the open, and discovery is likely to reveal at least something they don't want people to know about the inner workings of their company.

 

I'm not picking on them with that statement, the same thing would apply to almost any business.

[Cushing985]

You guys are unbelievable! What do you know about this case to make such remarks? Have some compassion.:mad:

 

I'm afraid you're a bit naive. This person is bringing suit for permanent injuries after suffering from severe dehydration and bruising while trying to get food on the Lido. Really, can someone in the medical field share with us what permanent injuries come about from not drinking water or a bit of bruising?

 

Like many on this thread I'm fed up with the bottom feeders tying up court time with these types of suits.

 

So, don't feel sorry for this loser. He/she is just working the system.

[ducklite]

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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If a good attorney can find a sympathetic judge to rule that clause is unconscionable, it could happen.

[ducklite]

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

 

I do hope that you are kidding about not believing any of those are actual disorders.

[ducklite]

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

 

Apples and oranges. If the people on the Triumph wanted that experience, they would have enlisted. Instead they paid good money for a crappy cruise. Pun intended.

[ducklite]

I'm afraid you're a bit naive. This person is bringing suit for permanent injuries after suffering from severe dehydration and bruising while trying to get food on the Lido. Really, can someone in the medical field share with us what permanent injuries come about from not drinking water or a bit of bruising?

 

Like many on this thread I'm fed up with the bottom feeders tying up court time with these types of suits.

 

So, don't feel sorry for this loser. He/she is just working the system.

 

Severe dehydration can cause kidney damage, heart damage, brain damage, and seizures. It is a serious medical condition that can lead to death. Anyone dehydrated enough to need fluids was in danger of a serious and life-threatening complication.

[deborahjo]

I know from the interview that I just WATCHED where she SAID that she didn't want "carnival water". Gee, if you're REALLY thirsty, you drink what's there!

 

It's not like Carnival did this on purpose!! Geez.

 

Sounds like a self induced issue to me. But I am not an attorney of course.

[hockeypapa]

I THINK ALL THESE PEOPLE CRYING HOW BAD AND HARD THEY HAD IT ON A CRUISE SHIP SHOULD JOIN THE MILITARY AND PULL A YEAR OF DUTY OVER SEAS:eek: MAYBE THEN THEY WILL THE REALIZE WHAT HARD AND BAD REALLY IS:rolleyes: AMYONE EVER GO CAMPING IN THE WOODS??? SUCK IT UP NO ONE DIED AND IF YOU DONT PLAN ON EVER SAILING YOU CAN MAIL ME THE FREE TRIPS YOU RECEIVED:p

[Cushing985]

Severe dehydration can cause kidney damage, heart damage, brain damage, and seizures. It is a serious medical condition that can lead to death. Anyone dehydrated enough to need fluids was in danger of a serious and life-threatening complication.

 

Well, she waited until she got home to get an IV so I think we can safely rule out "severe" dehydration.

[songbird1329]

Sometimes lawsuits are filed to achieve something other than monetary results.

 

Pretty expensive way to prove a point.

 

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[DISNEY1975]

"emotional harm" "loss of enjoyment of life"

that is hilarious

 

LOLOLOLOLOL!!!

 

Who needs entertainment on board? I think they should post threads up on the big screens by the pools so people can sunbath and get some good laughs!!

[WishIwerethere]

 

My understanding of the Carnival forum is that it's a resource to help people plan their vacations and to discuss those vacations, not to sit in judgement of anyone that dares to criticize Carnival.

 

Aww, I guess a couple dozen people have to leave now !! ;) :rolleyes:

[WishIwerethere]

Most of my cruises I didn't have enough to drink... those silly glasses cost too much and I remember a LOT of pushing at the buffet over food ! How is this one diffferent ??? :D :D

[ccruisequeen]

Some Los Angeles locals were interviewed on local TV about the cruise. Some of them said they purposely held back eating and drinking to avoid using the restrooms too often. They said there were working toilets but it was a scavenger hunt to find them. They had no intention to sue and would cruise again.

[StillPooh]

Some Los Angeles locals were interviewed on local TV about the cruise. Some of them said they purposely held back eating and drinking to avoid using the restrooms too often. They said there were working toilets but it was a scavenger hunt to find them. They had no intention to sue and would cruise again.

 

I saw one woman interviewed who called it "controlling the colon...you don't need to poop if you just don't eat!" :eek:

 

Oh yeah, that sounds like a brilliant vacation! :rolleyes:

[songbird1329]

If a good attorney can find a sympathetic judge to rule that clause is unconscionable, it could happen.

 

Possible doesn't mean probable. Carnival, and the other cruise lines, have prevailed many times when their contracts were challenged.

 

It's an uphill battle. A cruise is not a basic necessity, it is discretionary spending. You, the passenger, agreed to bring any legal proceedings in federal court in Florida. You, the passenger, agreed you would file suit only on your own behalf, not as part of a class action. This may be an inconvenience to you, but how are you going to prove it is legally unconscionable?

 

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[English Tim]

Aww, I guess a couple dozen people have to leave now !! ;) :rolleyes:

 

Might be a better place.

[songbird1329]

Sounds like a self induced issue to me. But I am not an attorney of course.

 

Comparative negligence would apply, assuming she could prove Carnival's negligence caused or contributed to her injury.

 

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[papichulo]

[Snowmeo]

Ya know, I get bruised and shoved every time I go to a Rock Concert.. I think I will sue the next time!

 

I am not sure if anyone else here has had severe dehydration before, but I have. When I was in college I worked in a warehouse that had a loft area for extra storage. One day in the summer it was in the 90s with a lot of humidity outside.. inside was worse. Of course I was lucky enough to get to work in the loft that day.. I was drenched in sweat within 5 minutes. I drank fluids, but didn't realize how much I was losing the battle. After 3 hours I got to leave for lunch.. except during lunch my hands suddenly cramped up.. really really bad. It felt like the bones were trying to stretch themselves out of the skin and my hands looked liked gnarled up claws. I was immediately taken to the hospital for fluids because of severe hydration.

Obviously there are different degrees and signs of severe dehydration, so riddle me this: Why wait 500 miles to get help when EVERYONE at the dock was handing out water including the reporters? If she refused water and treatment in Alabama, any permanent injury she suffered (any real injury) is on her.

 

If I get a bad cut while on a Disney cruise and refuse their medical help and then when I get off the ship I again decide to not seek medical treatment, the aftermath is on me. If 3 days later I get a severe infection and ultimately have to have my hand amputated, is that Disney's fault? Should I sue??

 

This lawsuit stinks. I have empathy for anyone that did actually suffer on that ship, but this lady is only wasting everyone's time with her greed.

[broberts]

I wondered at the fact that the plaintiff apparently did not seek immediate help/treatment getting off the ship. There were EMTs there.

 

But this got me to thinking about Carnival and what they did, if anything to check each passenger for probable need of medical attention. I do not recall any departing passenger mentioning that they talked to a medical person on the ride in or before getting off.

[ducklite]

I THINK ALL THESE PEOPLE CRYING HOW BAD AND HARD THEY HAD IT ON A CRUISE SHIP SHOULD JOIN THE MILITARY AND PULL A YEAR OF DUTY OVER SEAS:eek: MAYBE THEN THEY WILL THE REALIZE WHAT HARD AND BAD REALLY IS:rolleyes: AMYONE EVER GO CAMPING IN THE WOODS??? SUCK IT UP NO ONE DIED AND IF YOU DONT PLAN ON EVER SAILING YOU CAN MAIL ME THE FREE TRIPS YOU RECEIVED:p

 

Apples to oranges.