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October 2012 Destiny overboard incident - lawsuit filed


etoile

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I have read at least 4 posts on here in the last week that "blame" Carnival for the drunks on their ship. Sorry but the blame is totally in the wrong place.

 

I rarely drink except for vacation. So what. I do not blame Carnival for making me buy drinks. I do because I want to.

 

Although I've never seen a thread about this, I wonder if anyone has ever seriously blamed Carnival for gaining weight on their cruise. " It's Carnival's fault that I ate fourteen Warm Chocolate Melting Cakes and gained 20 lbs.!" Whether it's on a cruise ship or dry land, it's much easier for some people to blame others for things that happen to them than to take responsibility for their own actions.

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Although I've never seen a thread about this, I wonder if anyone has ever seriously blamed Carnival for gaining weight on their cruise. " It's Carnival's fault that I ate fourteen Warm Chocolate Melting Cakes and gained 20 lbs.!" Whether it's on a cruise ship or dry land, it's much easier for some people to blame others for things that happen to them than to take responsibility for their own actions.

 

The blame game gets thrown around here quite often, when any issues occur. Just look at any thread though all the mishaps of the Splendor, Triumph, Dream, Elation, Legend, Triumph again, Carnival's Grand Turd port, and the Fascination, and all you see are a bunch of "that's not Carnivals fault" like it erases the event somehow.

 

They are all distractions.

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Well, I will admit, my DH didn't hold back on our first CCL cruise in 2011, was passed out in the dance club. I was so embarrassed. He was doing shots while I was doing my hair. Needless to say, he hasn't been like that on a ship since. He knew what he did was bad, I had to try and get him back to the cabin. He is a grown man and CCL didn't force him to do the shots he did.

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I have to ask. What bill was he referring to?

 

There is no bill.

 

A US Senator, Jay Rockefeller, wrote a letter to Carnival citing "90 incidents" in the recent past that required the Coast Guard's interaction with Carnival, and asking if Carnival intended to pay the approximately $4 million for the two most recent. He never sent a bill, nor did the Coast Guard or the United States. But the wording caught on, and it was reported in news outlets that Carnival will not pay the bill.

 

Carnival responded that out of the "90 incidents" listed, only 7 (if I remember correctly) actually required Coast Guard assistance, and that indeed, Carnival had been contacted by the Coast Guard for something like 12 assists in rescues and the like. And no, Carnival did not send a bill to the USGovernment for their help.

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There is no bill.

 

A US Senator, Jay Rockefeller, wrote a letter to Carnival citing "90 incidents" in the recent past that required the Coast Guard's interaction with Carnival, and asking if Carnival intended to pay the approximately $4 million for the two most recent. He never sent a bill, nor did the Coast Guard or the United States. But the wording caught on, and it was reported in news outlets that Carnival will not pay the bill.

 

Carnival responded that out of the "90 incidents" listed, only 7 (if I remember correctly) actually required Coast Guard assistance, and that indeed, Carnival had been contacted by the Coast Guard for something like 12 assists in rescues and the like. And no, Carnival did not send a bill to the USGovernment for their help.

 

Stop using facts. You're killing peoples agendas.

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Not sure why people say that you should expect party behavior on Carnival or that is the customer they cater too. I do not remember seeing ANY advertising anywhere with alcohol in it. They advertise having a good time (isn't that what you want to do on a vacation?:eek:)They do push drinks on the ship(As does EVERY cruise ship!)- it is their money maker, and that does not mean they only push ALCOHOLIC drinks! They would just as happily sell you a virgin drink, soda,coffee or other fee drink. Plus a polite "No" is always good, and omg if you have to say it a few more times! On the NCL cruise we took they pushed drinks just as hard, and I ran into MANY drunks like on CCL cruises (some nice, some not so nice). They ALL also push the fee stuff the entire time with announcements, in the capers, and as you walk by: Photos, jewelry, souvenirs, the same malls when you get off at the ports, excursions, and the endless Spa options/deals... I think I will sue because they made me spend too much money in the Spa!:rolleyes:

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I am sick and tired of people here saying "Carnival made.........drunk". Last I knew a person actually has to open their mouth and tell someone they want a drink. Carnival does not just hand out drinks for free. You have to pay for them.

 

People can tell waiters yes I want a drink or NO I do not want a drink. People have to walk up to a bar and actually order a drink themselves.

 

So where do they get this idea that Carnival or any cruise line for that fact actually made you drink. JMHO.

 

Where is the thread or post to the CC member complaining Carnival made them drunk? I must have missed it. Was it locked?

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I'm looking at it from the other angle. If anyone falls over for any reason, and is seen, why would they refuse to turn around until a passenger check is performed?

 

This is what I want to know.

 

Obviously it seems that the lady was over served.

And it was a very long time before they turned the ship around.

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There is no bill.

 

A US Senator, Jay Rockefeller, wrote a letter to Carnival citing "90 incidents" in the recent past that required the Coast Guard's interaction with Carnival, and asking if Carnival intended to pay the approximately $4 million for the two most recent. He never sent a bill, nor did the Coast Guard or the United States. But the wording caught on, and it was reported in news outlets that Carnival will not pay the bill.

 

Carnival responded that out of the "90 incidents" listed, only 7 (if I remember correctly) actually required Coast Guard assistance, and that indeed, Carnival had been contacted by the Coast Guard for something like 12 assists in rescues and the like. And no, Carnival did not send a bill to the USGovernment for their help.

 

Thanks for the info. I was wondering what they were talking about as the story in the OP happened in 2012 and was wondering what they were talking about. I should have guessed the other confused recent events with last years.

 

Thanks for the info. It foiled my "agenda" lol.

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Stop using facts. You're killing peoples agendas.

 

LOL

 

And Rottweiler I don't think that was in reference to you, but to people who don't know, or misrepresent the facts to make their point, i.e., Carnival refused to pay the bill.

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Wow I mean, I'm all for personal accountability and all but I sure as hell hope none of you are on my cruise. The left her in the water and continued cruising!!! I mean, do you think they knew she was drunk when she went overboard? Do you think it's okay that they just said, "Okay, well she was drunk and dancing on the railing so we should just let her die."

 

Seriously if not for any reason other than the fact that they did not immediately stop the ship Carnival should pay and pay dearly. That's just plain sickening. I can't believe they even found her.

 

And FWIW bars often lose their liquor license in my state when they over-serve people and the person ends up getting caught driving. I don't like getting shut off at a bar but at some point it just makes sense. I bet she wins a lot of money because the law isn't alway about personal responsibility when negligence is involved by other parties. If her injuries are worse because she was left in the water and not airlifted then she will win.

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LOL

 

And Rottweiler I don't think that was in reference to you, but to people who don't know, or misrepresent the facts to make their point, i.e., Carnival refused to pay the bill.

 

It's a red herring any way you look at it. The Splendor, Triumph, Legend, Dream, Elation, Triumph again, Grand Turd, or Fascination events hadn't even happened yet when this incident happened.

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It's a red herring any way you look at it. The Splendor, Triumph, Legend, Dream, Elation, Triumph again, Grand Turd, or Fascination events hadn't even happened yet when this incident happened.

 

All that stuff will work to her advantage though.

 

It was a good thing that she could swim.

Seriously.

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Wow I mean, I'm all for personal accountability and all but I sure as hell hope none of you are on my cruise. The left her in the water and continued cruising!!! I mean, do you think they knew she was drunk when she went overboard? Do you think it's okay that they just said, "Okay, well she was drunk and dancing on the railing so we should just let her die."

 

Seriously if not for any reason other than the fact that they did not immediately stop the ship Carnival should pay and pay dearly. That's just plain sickening. I can't believe they even found her.

 

What the others are saying is that the facts and the times don't match up. No one said it was OK to leave her, but many are disputing what actually happened and the times that are discussed. For example, how can a ship sail away for 90 minutes before they turn around and then make it back to where she fell in in only 30 minutes? Ships are usually traveling at their best speed and the numbers just do not work.

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It's a red herring any way you look at it. The Splendor, Triumph, Legend, Dream, Elation, Triumph again, Grand Turd, or Fascination events hadn't even happened yet when this incident happened.

 

I agree with you fully, MrPete. I was just responding to the "what is the bill they are referring to".

 

I don't exactly know what happened that night, I do know what the reports say, and we all know that the reports are written from the point of view of who wrote it. We may never know exactly what happened if its settled out of court, or we may find out what those discrepancies that so many have written about really point to, if in fact, it goes to court. So I won't say anthing about the incident.

 

We do know there are many who take any report about Carnival and blow it out of proportion, or in the case of Sen. Rockefeller, use it for some sort of headline grabbing, although I can't imagine why he would as he's sinced announced his retirement after this year.

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Wow I mean, I'm all for personal accountability and all but I sure as hell hope none of you are on my cruise. The left her in the water and continued cruising!!! I mean, do you think they knew she was drunk when she went overboard? Do you think it's okay that they just said, "Okay, well she was drunk and dancing on the railing so we should just let her die."

 

Seriously if not for any reason other than the fact that they did not immediately stop the ship Carnival should pay and pay dearly. That's just plain sickening. I can't believe they even found her.

 

And FWIW bars often lose their liquor license in my state when they over-serve people and the person ends up getting caught driving. I don't like getting shut off at a bar but at some point it just makes sense. I bet she wins a lot of money because the law isn't alway about personal responsibility when negligence is involved by other parties. If her injuries are worse because she was left in the water and not airlifted then she will win.

 

I'm glad the woman is fine but she has no lawsuit in my opinion. YOu can't just turn a moving ship around on a dime like that. And it was a night when the ship was moving faster. There are things that have to be done before they just turn around like that. As far as over serving, I agree that bartenders shouldn't do it, but I have trouble believeing part of this woman's story. Plus at the end of the day, you need to know when to STOP drinking. Then going out on a balcony is just plain dumb.

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What the others are saying is that the facts and the times don't match up. No one said it was OK to leave her, but many are disputing what actually happened and the times that are discussed. For example, how can a ship sail away for 90 minutes before they turn around and then make it back to where she fell in in only 30 minutes? Ships are usually traveling at their best speed and the numbers just do not work.

 

Yeah, if there are issues with the story I hope it all comes out in court. It doesn't make sense they would even be able to find her after 90 minutes in the water, without a lot of luck. It's just there are so many posts that seem to imply she should have just drowned because it was her fault. It kind of bothered me.

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Actually, watch the tactics of those selling the drinks, from the waiters to the bartenders whose income relies on the tips from those purchases. Some come on pretty string if you ask me. Same thing happens at home in some bars.

 

I don't have a problem saying I didn't want that, or no thanks, but some can't say no. And some that have a couple of drinks in them already have no willpower at all.

 

 

I've never had a problem on Carnival or any bar saying no thanks. It's easy - no...thanks. :)

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I agree with you fully, MrPete. I was just responding to the "what is the bill they are referring to".

 

I don't exactly know what happened that night, I do know what the reports say, and we all know that the reports are written from the point of view of who wrote it. We may never know exactly what happened if its settled out of court, or we may find out what those discrepancies that so many have written about really point to, if in fact, it goes to court. So I won't say anthing about the incident.

 

We do know there are many who take any report about Carnival and blow it out of proportion, or in the case of Sen. Rockefeller, use it for some sort of headline grabbing, although I can't imagine why he would as he's sinced announced his retirement after this year.

 

Basically because he's still the Chairman of The Senate Committee of Commerce, Science and Transportation. The "BILL" everyone is throwing around erroneously is ficticious, but reflects the "charge" some, including JR, think Carival should pay in retribution to the Coast Guard assist in the Splendor and Triumph events. Throw in that Carnival pays such a low tax rate yet reaped some tax payer rewards and it just sends some on a spin. Even JR admitted that it would be a change at the Congressional level to change the loopholes every uses when doing their taxes. And the spin goes on from there.....

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"Rebecca and the plaintiff's fiancé repeatedly demanded the cruise ship staff to stop the ship. Their request, however, was summarily denied. Instead, the cruise ship staff explained that they were not going to stop the vessel, until they first searched the ship"

 

I find that very hard to believe. I also find it hard to believe that she survived 2 hours in open water with the injuries she claims and the level of intoxication, AND that they were able to find her after sailing for 90 minutes away from her.

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First... I want to meet the person that FORCED her to drink long island iced tea... second... certain drinks come with a free $5 play at the casino.. it's posted, it wasn't in effort to get someone drunk and 3rd... how in the HELL does anyone just FALL over one of thier railings? Put ME on that jury please. :D

 

Perfectly stated! I'll join you on that jury!!!! :rolleyes:

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