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Author Topic: they start  (Read 957 times)

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Offline bedway

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they start
« on: February 18, 2013, 10:50:50 AM »
Watching the news this morning of a lawyer/parasite and his client a passenger on the disabled cruise liner that finally got to port. The commentator asked the passenger the reason he was suing. His reply, his wife needed an iv and the nurse didnt use gloves and they were served lobster that wasnt fresh and they got sick. Now, before ya all jump up to defend lawyers let me say there are good ones and there are times their services are needed. For the most part they just keep churning them out and the last thing this nation needs is more lawsuits. Look at most of our washington crowd, lawyers falling all over each other. Ill bet those passengers off that cruise are being chased like flies on dung by lawyers.

Offline Cedarman

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Re: they start
« Reply #1 on: February 18, 2013, 10:58:56 AM »
If I had any writing skills at all, I would be finding a publisher and see if we couldn't make a book deal.
I am in the pink when sawing cedar.

Online beenthere

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Re: they start
« Reply #2 on: February 18, 2013, 12:10:19 PM »
As I understand, the cruise companies have some pretty good boiler plate in their pre-board paperwork to remain imune to such suits, but time will tell.

Often a 10 grand or so settlement out of court takes care of it, and the lawyer gets most and goes away happy. ;)
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Offline Ron Wenrich

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Re: they start
« Reply #3 on: February 18, 2013, 01:13:38 PM »
I've been on a few cruises, and they do have a pretty good contract.  When you sign on, you are stating that they have a limit to liabilities.  You also have to go through arbitration.  You have to prove their negligence or willful fault.  Their limit of personal injury currently is $70,000-$385,000 (fluctuates with the currency and is tied to the Euro).  It can go as high as $617,000 if they can prove negligence or willful fault.  This is governed by maritime law.  You can't participate in a class action suit.

The doctors and the like are 3rd party services.  So, they'd have to go after each one on an individual basis, I would assume.  I don't know if wine stewarts, restaurant help and the like are 3rd party services.  Good luck trying to sue them.  Most are not from the US.  Winning is one thing, getting payment is something else.

They reserve the right to change the itinerary for any reason.  An engine fire seems like a good reason.  Also going to Alabama vs Mexico saved a lot of hassle for those who didn't have a passport.   All the cruise line is doing is providing you with transportation from point A to point B.  They have refunded money and given them a bonus.  Its going to be hard to prove how the passengers weren't made whole. 

Carnival has had this problem before (2010) and there has been a precedent in courts for them.  To win, you have to have a personal injury.  Sunburn, smelly toilets and bad food aren't going to cut it. 
Never under estimate the power of stupid people in large groups.

Offline Cedarman

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Re: they start
« Reply #4 on: February 18, 2013, 02:15:02 PM »
In a situation where you have no control, you be any emotion you want.  It all comes from inside.  I have heard it said that people who sue in these situations are mad and unhappy most of the time.
I am in the pink when sawing cedar.

Offline bedway

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Re: they start
« Reply #5 on: February 18, 2013, 02:22:56 PM »
For the most part you are probly hitting the nail on the head Cedarman. The lure of a possible quick buck for the client and the lawyer, minus any moral factor equals ambulance chasers. Tie that to the link above and you see their self preservation and flurishing nature.

Offline doctorb

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Re: they start
« Reply #6 on: February 18, 2013, 03:00:57 PM »
Read an article today that said that, unless you have definable injuries or loss because of the mishap, take the deal from Carnival and forget about legal action.  Being unhappy and miserable does not constitute loss.

"Lawyers with experiences of cruise ship lawsuits are suggesting that the angry and disgruntled passengers of Triumph think twice before going to courts. Their advice is that if the defendants cannot prove major injuries or negligence on the part of Carnival Triumph staff, then they are better off accepting compensation from the company."
My father once said, "This is my son who wanted to grow up and become a doctor.  So far, he's only become a doctor."

Offline thecfarm

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Re: they start
« Reply #7 on: February 18, 2013, 03:25:10 PM »
I was wondering what would of happened to the ship,with no engine power, if there would of been a real bad storm? Would it been in danger of capsizing or would it just been like a cork and every one would just be in for a rough ride?
Model 6020-20hp Manual Thomas bandsaw,TC40A 4wd 40 hp New Holland tractor, 450 Norse Winch, Heatmor 400 OWB,YCC 1978-79

Online beenthere

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Re: they start
« Reply #8 on: February 18, 2013, 03:40:23 PM »
Or if that ship had been out to sea, and not in the Gulf. AND in rough seas, as thecfarm mentions.

Instead of a 4 day tug tow, maybe a 4-5 week tow?

 Seems some better back-up for emergency power would be figured out. A fire that can take out 4 of the 5 generators is a bit unthinkable, but it apparently did happen. Maybe 5 generators in separate compartments? Or the capability to have a few emergency generators helicoptered in?

But then, those people will appreciate the conveniences they have in their homes that much better.  ;D

I do mine  !!
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Offline Texas Ranger

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Re: they start
« Reply #9 on: February 18, 2013, 03:48:30 PM »
negligence may not be that hard to prove, seems they have had engine and electrical problems on 3 of their last 4 outings.  Could be interesting.
The Ranger, home of Texas Forestry

Offline doctorb

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Re: they start
« Reply #10 on: February 18, 2013, 04:36:11 PM »
I don't think it matters, as long as you sufered no injury or loss.  They are repaying you for the cost of your trip.  They are giving you another trip.  They are throwing in $500 on top of that.  Where is your injury or loss that makes this a "gold mine" for these unfortunate vacationers.  Do not misunderstand, i am NOT sticking up for Carnival.  I just think our legal system is overburdened and overused with such complaints, that, in the end, have not shown to have suffered any injury.  Now, if somebody gets an infected leg with enterococcus (bowel bacteria), then, they've probably got a case because they were injured by the accident..  But if you just had a bad vacation and came out unscathed, I don't see it. 
My father once said, "This is my son who wanted to grow up and become a doctor.  So far, he's only become a doctor."

Offline Ron Wenrich

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Re: they start
« Reply #11 on: February 18, 2013, 05:26:33 PM »
I think if the seas are rough, it would just get to be a really rough ride.  The stabilizers weren't working on the floundering ship.  There were other ships in the area, and they were brought food.  They even took off a passenger that might have had a medical problem.  The one back in 2010 was being shadowed by an aircraft carrier.  This time, it was the Coast Guard.  If there was a major problem with anyone, they could have evacuated them pretty quickly.

They found that the cause was a leak in a return line on the diesel.  I don't know if its negligence or not.  People get hurt on ships all the time.  When we pull into port, its not unusual to see an ambulance waiting for a pick up.  Sometimes its a body bag.  Normally its a heart attack. 
Never under estimate the power of stupid people in large groups.

Offline Bandmill Bandit

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Re: they start
« Reply #12 on: February 18, 2013, 05:33:44 PM »
May be the "flies" are just being attracted the to the "dung" that didn't fit down the toilet on the ship? 
If you ain't livin on the edge you are takin up way to much room. Of course at my age if I get too close to that edge any more theres a good chance I may fall off.
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Offline gspren

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Re: they start
« Reply #13 on: February 18, 2013, 06:12:45 PM »
  GOOD Lawyers can be very usefull and sometimes are needed while "ambulance chasers" are giving lawyers in general a bad rap. In early Oct. last year we were in a very minor ($700.00) accident when an elderly woman pulled out in front of us when we were traveling through Indiana. When we returned to Pa I got letters from 3 seperate law firms in Indiana wanting to represent us,  >:( there was no ambulance, not even a tow truck, I tossed all their mail in the fire.
Stihl 041, 044 & 261, JD 2355 4X4 w/fel, JD 620, Yamaha Kodiak 400 & trailer, Kubota 400 RTV,  P&M OWB, 75 acres to play.

Offline justallan1

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Re: they start
« Reply #14 on: February 18, 2013, 08:04:58 PM »
Totally off topic, but hey, the folks on the cruise got a story to tell any way they want!

 

 


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