Inside Edition - Woman Falls Off a Carnival Cruise ship

[cruise luvr]

Ahhhhhh, so many things to say on this one.

 

She got drunk, went overboard, was lucky she was saved and sues Carnival. She should be grateful that she is still alive. Truly grateful.

 

The lawyer should be embarassed taking on a case like this. These are the silly things that tie up the court system. It's sad that the system allows this.

 

Carnival should go after her for the time and cost, if any, for saving her.

[halos]

 

Carnival should go after her for the time and cost, if any, for saving her.

 

I wish they would.....these suits are such bull. It sickens me that we live in a society where this is so prevalent.

[AFAMILY]

And the worst part of all this is, is that this irresponsible half-wit will probably get a tax-free settlement from Carnival. Some people are just too stupid to live.

[CanWeGoYet?]

:rolleyes:

 

 

You're not grasping what I've been saying about the law, and Carnival's obligations to their passenger.

 

 

Exactly.

[CanWeGoYet?]

So, is it Carnival's responisiblity to seek medical attention for passengers regardless of how they came to be in need of it? If I were on a cruise and had a heart attack, is it Carnival's responsibility to airlift me to the nearest hospital? If so, then why do so many people say you need travel insurance in case you need to be airlifted from the ship?

 

If Carnival was at fault for her going overboard (say, if her balcony railing had broken or an employee had pushed her), it seems to be reasonable to expect them to cover the cost of this. If it is not Carnival's fault (just as it would not have been Carnival's fault if I had had a heart attack), then it seems less reasonable for Carnival to be responsible for airlifing her.

 

What permanent physical harm has she suffered by the lack of immediate and more intense medical attention? If none, then I don't see grounds for suing for lack of medical attention.

 

If they had airlifted her and charge her for the service, she would probably still sue over the charge.

 

If Carnival has no knowledge of a passenger in need of medical attention, then of course they aren't responsible for assisting that person or getting them treatment. At the point they are informed, then yes they have a duty to provide care. The passenger has no option to get themselves to a hospital otherwise.

 

People who present to the infirmary with a heart attack can be airlifted off the ship at the doctors & captains discretion. Even against their wishes, when they have no trip insurance & are terrified of what the bill will be.

[sharecruises]

No, it was on the Destiny last year.

 

Lousy reporting : who ever thought THE DESTINY was a "luxury cruise ship"?? LOL

[Cuizer2]

And the worst part of all this is, is that this irresponsible half-wit will probably get a tax-free settlement from Carnival. Some people are just too stupid to live.

 

And yet she is alive and well thanks to Carnival, which could be the plaintiff's theory of liability against Carnival.

[Cuizer2]

Color me stupid, but how do you get North & South? Doesn't it have more to do with the tides and the current and the winds?

 

Take a look at a globe. While in the Caribbean north is uphill and south is downhill.

[Cuizer2]

I won't color you stupid, but I think they were being sarcastic :)

 

Pretty sure that was a joke. ;)

 

I happen to know for a fact that you are both correct.

[Cruizinman]

What happened to personal responsibility??????????????????????????????:rolleyes:

Money rules :cool:

[Cuizer2]

What happened to personal responsibility??????????????????????????????:rolleyes:

 

The plaintiff will argue that she was too drunk to take personal responsibility.

 

Don't laugh too hard, I've see a slight variation of that very argument. Rental car companies have a clause in the rental contract regarding drunk driving. I've seen lawyers argue that the person was too drunk to know that they were drunk, thus the clause should not apply.

 

Even criminal attorneys have to argue that the person knew (s)he would be drinking and driving before they started drinking in order to get around this same argument.

 

It is like firing a gun into a crowd and arguing you never intended to hit anyone - thus no criminal intent. The argument is that the act itself is so dangerous that serious or death was the likely result. Still negligent homicide carries a lesser penalty than murder.

[Tantra1]

It's time to follow the example of many sport fishermen - Catch and Release. Just throw her back. She's not a keeper.

 

Cheers!

[Cuizer2]

People who present to the infirmary with a heart attack can be airlifted off the ship at the doctors & captains discretion. Even against their wishes, when they have no trip insurance & are terrified of what the bill will be.

 

Which is what caused the heart attach in the first place.

[Cuizer2]

Money rules :cool:

 

Isn't that the golden rule? He who has the money makes the rules.

[Shipbound]

The bartenders are supposed to be trained to detect when a person has had to much.

 

Do people know what the word responsibility means it is not CCL fault that she drank too much. Besides how tall is she. I bet she was doing something dumb, you just don't fall overboard the railings are about 4 feet high.

[nitro2448]

It's time to follow the example of many sport fishermen - Catch and Release. Just throw her back. She's not a keeper.

 

Cheers!

 

100% agree

[Cruizinman]

Do people know what the word responsibility means it is not CCL fault that she drank too much. Besides how tall is she. I bet she was doing something dumb, you just don't fall overboard the railings are about 4 feet high.

 

Regardless of your comment, bartenders are trained to know when a person has had to much , no matter where the alcohol came from .......

I have read this kind of comment over and over and it really is a moot point .

[Cruizinman]

Isn't that the golden rule? He who has the money makes the rules.

Amen the choir will stand and sing a song :D

[rxs148]

Here's a new twist on this story. How many other passengers vacation was disrupted because she was stupid, got drunk and "fell" over a balcony? Maybe those people should sue HER for disrupting their vacation????? Or maybe Carnival should sue her for the cost of her rescue.

 

I really hope Carnival does not settle out of court. If they don't, the next person will think twice before trying to sue. When they pay out, that only encourages unscrupulous people to do the same.

 

 

SUE her for loss of enjoyment of passengers vacation. Class action. I will contribute $10. Power in numbers

[songbird1329]

SUE her for loss of enjoyment of passengers vacation. Class action. I will contribute $10. Power in numbers

 

Sorry, you just wasted $10. No cause of action recognized under the law.

 

On second thought . . .send me the money. I'll take your case, for a suitable fee. But on an hourly basis, not a contingency fee, because that way I'll still get paid when your case tanks.

 

Only kidding, of course. I'm not interested in taking on frivolous litigation.

 

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[Keel Haul]

Captain Olav on RCCL's Explorer of the Seas said at the Captain's Corner that NOBODY falls overboard. They are either thrown in, or they jump. People don't just fall!

Captain Schettino of the Concordia did right into a lifeboat.

[Keel Haul]

Sorry, you just wasted $10. No cause of action recognized under the law.

 

On second thought . . .send me the money. I'll take your case, for a suitable fee. But on an hourly basis, not a contingency fee, because that way I'll still get paid when your case tanks.

 

Only kidding, of course. I'm not interested in taking on frivolous litigation.

 

Sent from my SCH-I800 using Tapatalk 2

It appears Costa's lawyers are seeking to sue Captain Schettino because after the pax they were the next most damaged.

[songbird1329]

It appears Costa's lawyers are seeking to sue Captain Schettino because after the pax they were the next most damaged.

 

And what does that have to do with the passenger's lawsuit against Carnival?

 

 

The legal analysis of a valid claim doesn't begin with damages. The analysis begins with an understanding of tort and contract causes of action. The very first thing my torts professor told us was that there isn't a legal remedy for every harm that can come to you, that remedies are limited to cognizable claims at law.

 

The captain of a ship has a duty and responsibility to the passengers on board that ship, to do the job he's been paid to do in a safe manner.

 

A passenger who jumps or falls into the water and has to be rescued does not have a legal obligation to the other passengers which would allow them to sue her.

 

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[darth frosty]

SUE her for loss of enjoyment of passengers vacation. Class action. I will contribute $10. Power in numbers

 

If this was the oct destiny sailing I think I was on the cruise after this incident.

 

We got to the port early (thanks to FTTF) and was speaking with people getting off Of the 3 different groups we talked to they all were PISSED at this women.

[restasured]

And what does that have to do with the passenger's lawsuit against Carnival?

 

 

The legal analysis of a valid claim doesn't begin with damages. The analysis begins with an understanding of tort and contract causes of action. The very first thing my torts professor told us was that there isn't a legal remedy for every harm that can come to you, that remedies are limited to cognizable claims at law.

 

Ah yes, but due to her actions, if shown her going overboard was her fault, she caused the other passengers to be held hostage and loose some of the comfort and experience of the cruise. And as you are aware, anyone can be sued by anyone else in these good ol' United States and there is always a lawyer willing to take the case, and as you stated before, for a fee and not on contingency.