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Grandfather sentenced for death of granddaughter

babs135

By babs135,
in Royal Caribbean International

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sparks1093 Great Review Rare

sparks1093

Posted
Posted
2 hours ago, grapau27 said:

I think the term Attack is the best form of defense could be associated here.

Anello is guilty and the family want a settlement off RC for something that was clearly Anellos fault only.

 "if Royal had safety measures in place the grandfather wouldn't have been able to do what he did and Chloe would still be alive" is basically what their answer to the motion to dismiss says. So yes, it was Anello's fault but Royal's negligence in not having safety measures in place would have prevented the accident. It is a common argument in these types of cases and sometimes it works. For many reasons already discussed by others I don't think it will work in this case. (You see a similar argument when a drunk driver kills someone and the family sues the bar for over-serving the driver.)

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beerman2

beerman2

Posted
Posted
3 hours ago, Baron Barracuda said:

Just out of curiosity how much are the Wiegand's suing for?  Saw many news articles but none gave amount.

Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve.

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Ashland

Ashland

Posted
Posted
11 hours ago, LilBlackDress said:

I didn't know there were posted signs. Do you know what they say? 

I don't remember seeing any signs, but then again, I wouldn't hang on the railing, hold a baby out the window, bang on glass etc etc etc 

Not the exact wording....but there are signs near the windows or on the railings...I've been on this class of ships many times and noticed them but thought...Is this warning necessary.... isn't it common sense...I guess it wasn't in this case.

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LilBlackDress

LilBlackDress

Posted
Posted
2 hours ago, Ashland said:

Not the exact wording....but there are signs near the windows or on the railings...I've been on this class of ships many times and noticed them but thought...Is this warning necessary.... isn't it common sense...I guess it wasn't in this case.

Thanks!! I probably dismissed it thinking the same... Is this warning necessary?!?!

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LilBlackDress

LilBlackDress

Posted
Posted

 

14 hours ago, njkruzer said:

Royal could name him as a third party defendant.

I don't know much about the law but I am not sure you can name another defendant in a civil case... 
 

13 hours ago, cruisegirl1 said:

Who needs a posted sign to tell a person NOT  to dangle a child  out a window!  Is that what we have become? 

 

M

You would think no one would need a sign!! But as someone else posted, this is the age of CYA vs Common Sense 

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dexddd

dexddd

Posted
Posted
On 2/8/2021 at 5:17 PM, lovescats5 said:

I have looked at the windows of every ship we have been on and you can clearly tell which windows are open and which are not.  I cannot believe, and yet I can, that someone his age and with what he had done that he will not take responsibility for what he had done.  No wonder the younger generation are the way they are.  We have given up making people accept responsibility for what they do.

Quite the blanket statement against the younger generation, yet who killed their granddaughter and is not taking responsibility?  Don't recall any stories of younger generation doing what happened here.

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sparks1093 Great Review Rare

sparks1093

Posted
Posted
20 minutes ago, LilBlackDress said:

 

I don't know much about the law but I am not sure you can name another defendant in a civil case... 
 

You would think no one would need a sign!! But as someone else posted, this is the age of CYA vs Common Sense 

Yes, it can be done. If a company is sued because their product hurt someone and another company manufactured the component that failed they can add the other company to the suit as a co-defendant and then the court would have to determine which company was at fault. But I don't think it would help Royal because the case doesn't hinge on the actions of the grandfather at all. The family is claiming had Royal acted with proper safety precautions that the incident wouldn't have happened in the first place. 

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BSocial

BSocial

Posted
Posted (edited)
9 hours ago, beerman2 said:

Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve.


If I remember the Mother in interviews kept saying they want RC “fix the ships” - i,e, make sure windows cannot be opened on pool deck.   I believe they are seeking more than money, they want to mandate changes to the ships, (as they claim that is the cause of the accident).  
 

I’m sure all cruise lines will be watching this one closely. 

Edited by BSocial
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sparks1093 Great Review Rare

sparks1093

Posted
Posted
9 hours ago, beerman2 said:

Does it make a difference the 💰💰💰💰 amount. It's a frivolous lawsuit seeking money they don't deserve.

If it's frivolous the judge will dismiss it, but they do have a potentially valid argument for the jury to hear. For instance, if the ship were designed so that the window ledge extended 2 feet higher than the railing would that have prevented this from happening? Is it reasonable for that to be done? It is questions similar to that which the court/jury has to decide. Again, I do hope that Royal prevails but I don't think it is such a slam dunk.

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sparks1093 Great Review Rare

sparks1093

Posted
Posted
18 minutes ago, ace2542 said:

How can some cases never get resolved? Surely that can't be legal? Isn't there some constitution requirement for a speedy trial or is that only in criminal law?

Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually.

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d9704011

d9704011

Posted
Posted
6 minutes ago, sparks1093 said:

Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually.

Ace should know about this case:  Jarndyce v. Jarndyce.

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ace2542

ace2542

Posted
Posted
12 minutes ago, sparks1093 said:

Speedy trial is only in criminal law (as I understand it), but while some civil cases may take years they will all be resolved one way or another, eventually.

So Royal could drag it out for years if they wanted to but what would be point.

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ace2542

ace2542

Posted
Posted
Just now, sparks1093 said:

I just googled it, it is a fictional case written by Charles Dickens and was a jab at the court system of his day.

Best court system ever! You would be hanged within maybe 1 year after being convicted of murder in the old days. Not like in the USA were the appeals can run 20 years or more.

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beerman2

beerman2

Posted
Posted
1 hour ago, sparks1093 said:

If it's frivolous the judge will dismiss it, but they do have a potentially valid argument for the jury to hear. For instance, if the ship were designed so that the window ledge extended 2 feet higher than the railing would that have prevented this from happening? Is it reasonable for that to be done? It is questions similar to that which the court/jury has to decide. Again, I do hope that Royal prevails but I don't think it is such a slam dunk.

If to get the design changed , what's next. Plexiglass on ALL balconies, open deck spaces? You may as well put people in a bubble. The design has worked for years. 

Lets say they do win ( on getting design changed) what do they do for ventilation? That's why they open in the first place.

 

Nobody has just fallen off a cruise ship, they have gone overboard because of doing something stupid or a desire to jump. In this case the grandfather dangling the child out a window that is plainly open.

 

The design hasn't been an issue before, it's only an issue now because of one person, who's total lack of judgement is why it's at this point.

 

 

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