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Mojogurued

Celebrity Cruises sued by passenger who got coronavirus

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1 hour ago, Mojogurued said:

I sadly expected this to happen. How do they know they didn't catch it on the way home or in a port? 

Have a look for the thread that discussed this cruise. They were at sea for a considerable time after their last port. If he felt sick within a couple of days of disembarking, he most likely contracted it on board. 

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Sounds like this suit has merit though.

 

Besides:

 

"Employees of the cruise line filed a lawsuit against Celebrity Cruises last month, alleging it did not adequately protect workers from the coronavirus. In response to that suit, the cruise line said it "does not comment on pending litigation," ABC News reported."

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The big companies have lots of very expensive lawyers who insure that the fine print protect them from these things.   

 

Gross negligence in the Pandemic, good luck, LOL

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We were on that cruise. This does not surprise me. We were at sea for 17 since our last port. We got sick the day we got home, 10 hours after we left the ship. We caught it on the ship. As of last reporting I believe to be creditable, 200 cases with 4 deaths. 

  I expected Celebrity to be sued & sure many more will be coming. The fine print only protects the cruise line so far.

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2 hours ago, chipmaster said:

The big companies have lots of very expensive lawyers who insure that the fine print protect them from these things.   

 

Gross negligence in the Pandemic, good luck, LOL

 

I don't think any fine print or high priced lawyers will protect them if these allegations are true From what I've read, right from the start of this pandemic is true, they better start lining up some more of those big loans they took to get through  the shutdown.

With the possible high number of plaintiffs, if found guilty, can you spell bankruptcy?,

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Posted (edited)

Bit of a balance here in my view, cruise line responsibility for sure, they should have done more and also shut cruises down far sooner in my view. Personal decisions to get on a cruise ship with a pandemic present. Some even getting as far as destination airports knowing a shutdown was possible any moment. Who put who at risk ? Plenty on here these days stating it would be madness to get on a cruise ship while Covid 19 is present. Sorry that’s going to upset some but you can’t have it both ways.

Edited by yorky

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1 hour ago, yorky said:

Bit of a balance here in my view, cruise line responsibility for sure, they should have done more and also shut cruises down far sooner in my view. Personal decisions to get on a cruise ship with a pandemic present. Some even getting as far as destination airports knowing a shutdown was possible any moment. Who put who at risk ? Plenty on here these days stating it would be madness to get on a cruise ship while Covid 19 is present. Sorry that’s going to upset some but you can’t have it both ways.

With a lawsuit pending, it makes me think that the cruise lines will not sail until a vaccine is developed.  What if this happens again during a upcoming cruise during the pandemic?  There is no guarantee.  

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26 minutes ago, whirlybird3 said:

With a lawsuit pending, it makes me think that the cruise lines will not sail until a vaccine is developed.  What if this happens again during a upcoming cruise during the pandemic?  There is no guarantee.  

 

I really have to laugh at what hopes people pin on a vaccine but that's not the point.

 

The lawsuit and many complaints seem to center around insufficient measures of Celebrity and other cruise lines to let people from risk prone areas (China etc) board at all and even though they knew people were infected on the completed cruises turned around the ship and let others board. Their cancellation practices could also come under fire in a lawsuit showing they acted in bad faith, leaving people no option other than losing everything they paid or going on this cruise.

 

As much as I love Celebrity and would even take a cruise next week if one was available I can't see themselves getting out of these lawsuits without a settlement.

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Posted (edited)

I have no idea if the law suit has merit. Maybe- maybe not-  at the high seas and in front of a court one is always in Gods hands. It can go either way. Personaly I side more with the cruise lines. Nobody could at that point predict how far the Pandemic would spread. We all - and therefore the Cruise lines also were never before in a situation like this.

Not only the cruise lines underestimatet this Virus. I myself thought all that song and dance totaly overdone. How very very wrong I was.

Some Countries handled the situation better some less so. Some leaders blamed Bob and his uncle for this and that- some acted swift and strict and without hestiation. The situation was test for the countries health care. Some failed some not.

Edited by Germancruiser

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Sounds like Monday morning quarterbacking to me.  Everyone is a lot smarter today than they were on February 28.  Knowing what we know now, Celebrity should not have let this couple from New York board the ship because they were from a heavily infected region.

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Posted (edited)

The only thing I can suggest, at this juncture is, I trust that the plaintiffs attorneys have read the CoC and TOS with a solid plan around it, obviously the passengers have not.... while I think not, but all things are possible though.

 

They may only get medical expenses and nothing more, but who knows at this time.

 

Otherwise their ship is sunk in any court of law and they will have spent more money and time than on the sailing.

 

bon voyage

Edited by Bo1953

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Yep, I think a lot of money is there to be lost, and I don’t see this going anywhere.

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Could be considered an Act of God under law (see below) and arguments can be made on both sides.  Did Celebrity exercise 'reasonable care'  and take the necessary precautions will be the theme.  Either way the only ones to ultimately win will be the lawyers!

 

[As a general principle of Act of God,[7]epidemic can be classified as an act of God if the epidemic was unforeseeable and renders the promise discharged if the promisor cannot avoid the effect of the epidemic by exercise of reasonable prudence, diligence and care, or by the use of those means which the situation renders reasonable to employ.]

 

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Posted (edited)
1 hour ago, Bo1953 said:

The only thing I can suggest, at this juncture is, I trust that the plaintiffs attorneys have read the CoC and TOS with a solid plan around it, obviously the passengers have not.... while I think not, but all things are possible though.

 

They may only get medical expenses and nothing more, but who knows at this time.

 

Otherwise their ship is sunk in any court of law and they will have spent more money and time than on the sailing.

 

bon voyage

Actually, I would like to revise the above...

 

After thinking about it, I Am sure the attorney's have read the CoC and TOS but are looking for a 'kink' in the armor if they can find one.

 

While I do not believe they will find a 'sympathetic' judge in the jurisdiction where they have to bring the lawsuit, I predict that a Federal Court will strike it down in favour of RCCL.

 

While the article  did not indicate what the amount of damages and compensation they are seeking, I believe they are doing it on principle alone and anything arbitrated for less than total expenses including cost of cruise, in the end will not make them happy.

 

I wish them luck in any case and speedy recovery in health.

 

I wonder if they are on CC and will let us know what is going on??? 😁

 

If so, I Am surprized they did not come here first or maybe they did...

 

bon voyage

Edited by Bo1953

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One law suit?  There will be thousands and thousands.  And not just against the cruise industry.  Everybody will sue everybody.  That is just the nature of our society.  How about suing China where the virus was first discovered?  Or the airline that unknowingly brought the first infected passenger to your country?  Or maybe track down that passenger and sue him/her?  Maybe we should just sue the virus.

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6 minutes ago, TeeRick said:

One law suit?  There will be thousands and thousands.  And not just against the cruise industry.  Everybody will sue everybody.  That is just the nature of our society.  How about suing China where the virus was first discovered?  Or the airline that unknowingly brought the first infected passenger to your country?  Or maybe track down that passenger and sue him/her?  Maybe we should just sue the virus.

Or our relatives who did not lock us in a room and allowed us to travel.

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The Covid-19 blame game has no winners.   

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4 hours ago, CMW5060 said:

Could be considered an Act of God under law (see below) and arguments can be made on both sides.  Did Celebrity exercise 'reasonable care'  and take the necessary precautions will be the theme.  Either way the only ones to ultimately win will be the lawyers!

 

[As a general principle of Act of God,[7]epidemic can be classified as an act of God if the epidemic was unforeseeable and renders the promise discharged if the promisor cannot avoid the effect of the epidemic by exercise of reasonable prudence, diligence and care, or by the use of those means which the situation renders reasonable to employ.]

 

They are not suing for the epidemic itself they are suing for the way the cruise line mishandled it once they found out what was happening. That's called gross negligence. From what I've read over the last few months, by reading about it on the forum plus the ones of the other lines, it's a slam dunk for the plantiffs. 

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It will probably take many years in the court system before we know the final outcome. The cruise lines cannot afford to lose at any level so they will fight any verdict that leaves them vulnerable to further cases. The plaintiffs and their attorneys will fight to the end as they want money and to make a point. The only possible out is a settlement that no liability is admitted, but I would find that unlikely.  

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Posted (edited)
1 hour ago, grandgeezer said:

They are not suing for the epidemic itself they are suing for the way the cruise line mishandled it once they found out what was happening. That's called gross negligence. From what I've read over the last few months, by reading about it on the forum plus the ones of the other lines, it's a slam dunk for the plantiffs. 

I admire your confidence but I doubt very much it’s going to be even close to that simple. Proving a huge multinational company committed “gross negligence” Hopefully they are wealthy individuals.

Edited by yorky

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1 hour ago, grandgeezer said:

They are not suing for the epidemic itself they are suing for the way the cruise line mishandled it once they found out what was happening. That's called gross negligence. From what I've read over the last few months, by reading about it on the forum plus the ones of the other lines, it's a slam dunk for the plantiffs. 

Never a slam dunk for either side. It will be played out by both sides for years. Even if the class actions start. The fine print in the contract will be hashed and rehashed in court. 

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23 minutes ago, CMW5060 said:

Never a slam dunk for either side. It will be played out by both sides for years. Even if the class actions start. The fine print in the contract will be hashed and rehashed in court. 

From what I could see, nowhere in in the fine print where I could I find any place that would negate gross negligence.

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