Carnival sued over St. Thomas death

[Marian Paroo]

There is danger everywhere, Will Robinson.

 

Weren't many people really p!ssed off when one cruise line took Israel off of their list? They wanted to go and were willing to take the risks.

[mariemorgan]

I'm sure they are suing both. Hey you never know...they might create a scholarship fund in her name or even build a memorial garden. My point is you don't know what they will do with the money, so don't judge. .

 

It doesn't matter what they do with the Money.. they should not be suing Carnival AT ALL.. they didn't do anything.. not their excursion.. nobody forced this family off the ship.

[Marian Paroo]

It doesn't matter what they do with the Money.. they should not be suing Carnival AT ALL.. they didn't do anything.. not their excursion.. nobody forced this family off the ship.

I totally agree.

[LADYLAYLA]

I 100% agree with you. They lost their daughter and yes Carnival is to a certain extent responsible because they were on an excursion through the cruise line if I remember correctly. And yes they will have their insurance company pay for this.

 

Nothing against the cruise line, but this family lost a child and they do need to be compensated by the cruise line and the killer. Remember they had to pay for burial of their CHILD never mind the grief they suffer daily.

 

 

They do not need any compensation from Carnival or the insurance company. Am very sorry for their loss, but this was an act of violence by a random individual. Go after them not the corporation because it has deep pockets. Unfortunately as many have already said, that is the American way and is encouraged by the bottom feeder lawyers

[Scrapbookhappy11]

I wonder if this family had an insurance in case anyone gets hurt or killed. I agree with some posts. I think the judge will throw this case out the window. It is so obvious that this family has no common sense.

[commodoredave]

par·tial

Yes, I believe Carnival is PARTIALLY responsible for the death of their passenger.

 

 

   /ˈpɑrʃəl/ Show Spelled[pahr-shuhl] Show IPA

–adjective 1. being such in part only; not total or general; incomplete: partial blindness; a partial payment of a debt.

 

2. biased or prejudiced in favor of a person, group, side, etc., over another, as in a controversy: a partial witness.

 

3. pertaining to or affecting a part.

 

EXPAND 4. being a part; component; constituent.

Thus Carnival is liable for damages anywhere from 1% - 99 %.

I guess a jury will decide.

 

I don't understand your logic. The family was not on a Carnival excursion. They were not forced off the ship in St. Thomas. They chose their own activity for the day. With your logic, if a passenger was killed in any city in the world that a cruise ship sails to, the line would be PARTIALLY responsible just because they took them there. If so, shouldn't this apply to airlines as well? And busses? And trains?

[tulsacubfan]

I thought it was but I could be wrong

 

I think calling these folks names is a bit unfair - they lost a daughter who had many years of life remaining.......

 

Carnival will not pay, the insurance company will pay - Carnival has liability insurance for just these things

 

This thinking is one of the major problems!!!! Where do you think the money comes from for "insurnace companies" to pay?!?!?!? From Carnival, you, me, everyone who pays premiums!!!!!!! And what happens when insurance companies pay claims? Premiums go up so they can continue to pay claims. And fraudulent claims just make things worse. The attitude of "go ahead and sue them....their insurance company will pay you some money so you will go away and it doesn't cost the company anything" makes me crazy!!!!!!!

 

And even if it goes to trial with a defense verdict, or a summary judgment is filed and won, it still costs the company thousands and thousands of dollars in defense costs. No, the plaintiff doesn't have to pay their attorney if they do not prevail, but the defendant has to pay defense costs to defend these ridiculous, frivilous lawsuits. Tort reform where the plaintiff has to pay defense costs (or better yet...the plaintiff's attorney) if they do not prevail would put an end to a lot of garbage like this.

 

Stepping down from my soapbox....

[tulsacubfan]

And when Carnival's insurance premiums go up, they will raise their fares.

 

All those who think Carnival is liable for this death had best not complain when they have to pay more money to cruise.

 

If the girl had gone swimming at the beach and drowned, would Carnival be liable for that? :rolleyes:

 

Excellent

[commodoredave]

This thinking is one of the major problems!!!! Where do you think the money comes from for "insurnace companies" to pay?!?!?!? From Carnival, you, me, everyone who pays premiums!!!!!!! And what happens when insurance companies pay claims? Premiums go up so they can continue to pay claims. And fraudulent claims just make things worse. The attitude of "go ahead and sue them....their insurance company will pay you some money so you will go away and it doesn't cost the company anything" makes me crazy!!!!!!!

 

And even if it goes to trial with a defense verdict, or a summary judgment is filed and won, it still costs the company thousands and thousands of dollars in defense costs. No, the plaintiff doesn't have to pay their attorney if they do not prevail, but the defendant has to pay defense costs to defend these ridiculous, frivilous lawsuits. Tort reform where the plaintiff has to pay defense costs (or better yet...the plaintiff's attorney) if they do not prevail would put an end to a lot of garbage like this.

 

Stepping down from my soapbox....

 

Well said! And very insightful. Thanks for getting up on that soapbox!!

[Crusing Nut]

This thinking is one of the major problems!!!! Where do you think the money comes from for "insurnace companies" to pay?!?!?!? From Carnival, you, me, everyone who pays premiums!!!!!!! And what happens when insurance companies pay claims? Premiums go up so they can continue to pay claims. And fraudulent claims just make things worse. The attitude of "go ahead and sue them....their insurance company will pay you some money so you will go away and it doesn't cost the company anything" makes me crazy!!!!!!!

 

And even if it goes to trial with a defense verdict, or a summary judgment is filed and won, it still costs the company thousands and thousands of dollars in defense costs. No, the plaintiff doesn't have to pay their attorney if they do not prevail, but the defendant has to pay defense costs to defend these ridiculous, frivilous lawsuits. Tort reform where the plaintiff has to pay defense costs (or better yet...the plaintiff's attorney) if they do not prevail would put an end to a lot of garbage like this.

 

Stepping down from my soapbox....

 

 

Great Post and so true!!!!

[tulsacubfan]

which is the whole reason frivolous lawsuits exist. Man i wish there was a frivolous lawsuit tax. Not only does it get thrown out of court, but you have to pay a fee for time wasted.

 

Another excellent idea for tort reform!!

[tulsacubfan]

I think this is a horrible statement!!!!!! This family lost a daughter.

 

 

I am not saying this family is or is not "scum", but even "scum" can procreate. Just because they have a daughter does not mean they are not scum.

[tulsacubfan]

That's exactly my point. An argument can be made the info is not disseminated properly.

 

And even with the shore talks, they are very careful what to say. They rarely tell you about crime rates and specific bad neighborhoods.

 

 

With this logic, airlines should warn people of crime rates and specific bad neighborhoods when going to any island.

[tulsacubfan]

I did not say it was OK - and my thought process is not "warped" I simply pointed out that Carnival will not pay a penny out of the pocket (directly) they have insurance to cover such costs........

 

For you to assume any of the families thoughts or "short comings" is quite ignorant or should I say "warped"

 

As you will see from other posts, I am not in favor of the lawsuit, I simply explained why it would be possible to sue and who would pay

 

I would almost guarantee you they WILL pay a penny (quite a few) out of their pocket directly. I would venture to say they do not have first dollar insurance but have a large dectible or self insured retention - that does come out of their pocket directly.

[Dedivah]

The passenger chooses which itinerary they want to cruise. Carnival does NOT just drop them off at any port.

 

We all take risks walking out of our front door each day. Should our parents be sued if one day we are killed because they brought us into this world?

[tulsacubfan]

It’s simple; most major corporations call it

RISK MANAGEMENT........

Carnival, like all the other cruise lines are solely interested in the bottom profit line. Obviously we live in a dangerous society but I truly

believe that Carnival should be partially held responsible for the unfortunate death

of its passenger and blame it on contributory negligence on Carnivals part.

 

Um, could you explain the policy/procedure the risk management group is going to put into effect that forces passenegers to either take ship sponsored excursions or stay on the ship?

[MissDiva1]

How do we know that Carnival and the board of tourism wasn't privy to this gang bangers funeral. Maybe they could have taken measures to keep passengers away from this area? Just a thought.

Once again nobody knows anything about this suit yet they know everything:rolleyes:

[Cruzaholic41]

...they should not be suing Carnival AT ALL.. they didn't do anything.. not their excursion.. nobody forced this family off the ship.

 

And just how do you know that? Since you are saying "they didn't do anything," I'm assuming you know all the details of this case. Please tell me how you know what they did wasn't recommended by a ship's employee? How do you know the ship's recommendation's had nothing to do with their decision to be at that place at that time?

 

I'm still not saying it's right to sue Carnival, but I am also not claiming to know all the facts of this case. One thing I learned a long time ago is that if you base decisions over what's reported in the media, you're decision is ignorant of pertinent facts.

 

With this logic, airlines should warn people of crime rates and specific bad neighborhoods when going to any island.

 

Oy vey! Once again, I did not say it made sense.

[tulsacubfan]

With this logic, airlines should warn people of crime rates and specific bad neighborhoods when going to any island.

 

 

Or...I book a hotel in Chicago in a high crime area. Go to a Cubs game and coming back to the hotel I am mugged. Is it the hotel's resposibility for not warning me the hotel is in a high crime area?

 

I know, I quoted myself....

[dst]

I would almost guarantee you they WILL pay a penny (quite a few) out of their pocket directly. I would venture to say they do not have first dollar insurance but have a large dectible or self insured retention - that does come out of their pocket directly.

 

 

Thank you for stepping off your "soap box" - If you take the time to read my posts, I am not for the lawsuit......I stated in the beginning that Carnival would have some liability if this were a cruise excursion (we later found it was not), I was pointing out the obvious that large companies do not pay out of pocket "directly" - Indirectly yes we all do (thru higher costs, and deductibles etc.) take the numerous malpractice lawsuits that occur in this country every day; I do not pay out of pocket when/if sued for wrongful death but be guaranteed my insurance will be affected and yes I will pay higher premiums and suffer other consequences but nothing comes directly out of my pocket to a plantiff.......the insurance companies and attorneys decide what will happen - that is what we pay them for to make the decisions that are best for the situation......not necessarily what we would like to have happen

 

The reality is - Carnival will consult their attorneys (they keep on retainer if not actually employed by Carnival) and they will advise them to make a settlement........

 

Regardless of whether any of us agree with the judicial system in this country, it is what it is and until it changes..........nothing will change

[dst]

Or...I book a hotel in Chicago in a high crime area. Go to a Cubs game and coming back to the hotel I am mugged. Is it the hotel's resposibility for not warning me the hotel is in a high crime area?

 

I know, I quoted myself....

 

 

Isn't there a rule against talking to yourself on the boards ;)

 

 

 

OK that was humor - do not take this personally.....

[asb2164]

There sure are a lot of armchair lawyers in this thread.

The Judge or Jury will decide if Carnival is at fault none of your opinions matter most of you have no idea how the legal system works.

[katsura]

my opinion this is sucks this can happen to anyone in any place and carnival cover all the funeral cost

[tulsacubfan]

Thank you for stepping off your "soap box" - If you take the time to read my posts, I am not for the lawsuit......I stated in the beginning that Carnival would have some liability if this were a cruise excursion (we later found it was not), I was pointing out the obvious that large companies do not pay out of pocket "directly" - Indirectly yes we all do (thru higher costs, and deductibles etc.) take the numerous malpractice lawsuits that occur in this country every day; I do not pay out of pocket when/if sued for wrongful death but be guaranteed my insurance will be affected and yes I will pay higher premiums and suffer other consequences but nothing comes directly out of my pocket to a plantiff.......the insurance companies and attorneys decide what will happen - that is what we pay them for to make the decisions that are best for the situation......not necessarily what we would like to have happen

 

The reality is - Carnival will consult their attorneys (they keep on retainer if not actually employed by Carnival) and they will advise them to make a settlement........

 

Regardless of whether any of us agree with the judicial system in this country, it is what it is and until it changes..........nothing will change

 

You obviously did not read my post...or did not understand it. I was not commenting on whether or not you thought the lawsuit had merit. I wascommentingon your statement that Carnival would not pay anything out of their pocket.

 

Again, I will almost guarantee you that Carnival is not insured from the first dollar. They will have a large deductible. That deductible comes out of their pocket. You probably don't have a deductible on your liability insurance, but most companies of any size do. I am assuming you know what a deductible is....perhaps that is a wrong assumption. The deductible is paid by the policyholder OUT OF THEIR POCKET. Only after the deductible has been paid will the insurance carrier pay anything. So yes, Carnival will pay something directly.

[tulsacubfan]

Isn't there a rule against talking to yourself on the boards ;)

 

 

 

OK that was humor - do not take this personally.....

 

LOL! Probably....but I talk to myself in "real" life too!