Carnival sued over St. Thomas death

[Charles4515]

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.

 

I don't know about Carnival but many companies the size and type of business as Carnival are self insured. They don't buy insurance. It is less expensive not to.

[fireofficer5]

Carnival warns passengers all the time about safety in ports.

This time something happened.

Cruise line has liability.

[tulsacubfan]

I don't know about Carnival but many companies the size and type of business as Carnival are self insured. They don't buy insurance. It is less expensive not to.

 

Okay...agree some may completely self insure (although I would guess many have some sort of excess coverage for that very large loss that could bankrupt a company). So, instead of a large deductible (say a $500,000 or $1MM or $2MM deductible or even $5MM), they are completely insured. My point was, for large companies, they are not insured from the first dollar. They may have a large deductible, a self-insured retention, or as you pointed out, totally self insured. Those dollars, whichever scenario, come directly out of their pocket. It is not an indirect cost as suggested by dst, bur rather a direct cost to the company.

[Yes We Can]

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?

 

 

Very good point.

[flcruiser4]

Another frivolous lawsuit against carnival. I agree with the posters that say the family WILL get money for this. Should they get any? No. But Carnival will settle to make it go away because it's cheaper to do that than to pay attorneys to fight it, and because the jurors will side with the family. Many people have the mentality that we are all just poor, defenseless souls being taken advantage of by big, evil corporations.

 

For those of you that think all these lawsuits do not impact your cruise fares, you are sadly mistaken. Every expense that the cruise line incurs, no matter how small or how large, impacts the price they charge their customers. They have to manage their profits, meet analyst expectations, and keep their shareholders happy just like any publicly traded company does.

[Nezmo]

I don't think Carnival will settle on this one. That would open the door to much more of this. They'll fight in IMHO.

 

Your cruise price is already adjusted for certain losses... just as it is for 'losses' associate with 'smuggling' (sorry). A company prices certain losses in to it's price; losses that are considered the price of doing business. Sadly, these lawsuits are one of them (although again, I think this case will be fought by CCL). It would take one massive litigation loss to tip the balance and cause CCL to raise your cruise price as a result. Quit worrying.

[flcruiser4]

I don't think Carnival will settle on this one. That would open the door to much more of this. They'll fight in IMHO.

 

Your cruise price is already adjusted for certain losses... just as it is for 'losses' associate with 'smuggling' (sorry). A company prices certain losses in to it's price; losses that are considered the price of doing business. Sadly, these lawsuits are one of them (although again, I think this case will be fought by CCL). It would take one massive litigation loss to tip the balance and cause CCL to raise your cruise price as a result. Quit worrying.

 

If they fight until it goes to a jury trial who do you think the jurors will side with?

[golfadj]

Horrible to lose your child this way but cannot imagine how the cruise line could be held responsible.

[flcruiser4]

Horrible to lose your child this way but cannot imagine how the cruise line could be held responsible.

 

A judge might not hold them responsible, but a jury might. I don't agree with it, but jurors are not legal experts and do not know what constitutes duty, breach of duty, and causation. They will just feel sorry for this family and award them money. Their legal counsel will state facts about all the crime in that area to help convince them that Carnival is partially responsible.

[Nezmo]

If they fight until it goes to a jury trial who do you think the jurors will side with?

I can only tell you how I would vote if I were a juror.

[MissDiva1]

A judge might not hold them responsible, but a jury might. I don't agree with it, but jurors are not legal experts and do not know what constitutes duty, breach of duty, and causation. They will just feel sorry for this family and award them money. Their legal counsel will state facts about all the crime in that area to help convince them that Carnival is partially responsible.

 

Are you privy to the facts of this lawsuit:confused:

[GaNavy]

A judge might not hold them responsible, but a jury might. I don't agree with it, but jurors are not legal experts and do not know what constitutes duty, breach of duty, and causation. They will just feel sorry for this family and award them money. Their legal counsel will state facts about all the crime in that area to help convince them that Carnival is partially responsible.

 

Sorry to bust your bubble, but it really doesn't work that way - in fact, of personal injury lawsuits that go to trial, the defense wins almost two-thirds of the time. I know that's not what you've heard, but the folks pushing the plaintiffs-always-win meme have their own agenda. Like the medical malpractice "reform" crowd, who claim that malpractice verdicts are responsible for health care costs being so high... sorry, but as recently as 2007, the total cost of medical malpractice - liability insurance premiums, attorney fees, and damages awards - amounted to one-tenth of one cent of every $100 spent on health care in America.

 

As for this lawsuit, Carnival will not settle because of the potential future exposure that would come from doing so. If this plaintiff wins, passengers who stub their toes getting off the gangway will be hollering for their lawyers. Carnival isn't going to go there.

[flcruiser4]

Are you privy to the facts of this lawsuit:confused:

 

No, but the jury will be. Doesn't mean they will make the right decision either.

[tulsacubfan]

Sorry to bust your bubble, but it really doesn't work that way - in fact, of personal injury lawsuits that go to trial, the defense wins almost two-thirds of the time. I know that's not what you've heard, but the folks pushing the plaintiffs-always-win meme have their own agenda. Like the medical malpractice "reform" crowd, who claim that malpractice verdicts are responsible for health care costs being so high... sorry, but as recently as 2007, the total cost of medical malpractice - liability insurance premiums, attorney fees, and damages awards - amounted to one-tenth of one cent of every $100 spent on health care in America.

 

As for this lawsuit, Carnival will not settle because of the potential future exposure that would come from doing so. If this plaintiff wins, passengers who stub their toes getting off the gangway will be hollering for their lawyers. Carnival isn't going to go there.

 

I agree a large percentage get a defense verdict. And most of the plaintiff verdicts are not that huge....that's why we hear about the big ones in the news....McDonalds?

 

But how many of these lawsuits actually go to trial? Not many. And there are a lot of claims made that never even see suit papers filed. Most claims and lawsuits are settled....and those add up to big bucks.

[flcruiser4]

Sorry to bust your bubble, but it really doesn't work that way - in fact, of personal injury lawsuits that go to trial, the defense wins almost two-thirds of the time. I know that's not what you've heard, but the folks pushing the plaintiffs-always-win meme have their own agenda. Like the medical malpractice "reform" crowd, who claim that malpractice verdicts are responsible for health care costs being so high... sorry, but as recently as 2007, the total cost of medical malpractice - liability insurance premiums, attorney fees, and damages awards - amounted to one-tenth of one cent of every $100 spent on health care in America.

 

As for this lawsuit, Carnival will not settle because of the potential future exposure that would come from doing so. If this plaintiff wins, passengers who stub their toes getting off the gangway will be hollering for their lawyers. Carnival isn't going to go there.

 

Well, if someone got money from McDonald's for putting hot coffee between her legs and spilling it, anything can happen in a court. Just saying.

[flcruiser4]

I agree a large percentage get a defense verdict. And most of the plaintiff verdicts are not that huge....that's why we hear about the big ones in the news....McDonalds?

 

But how many of these lawsuits actually go to trial? Not many. And there are a lot of claims made that never even see suit papers filed. Most claims and lawsuits are settled....and those add up to big bucks.

 

I agree. I read somewhere a while back that 95% of personal injury lawsuits are settled before they go to trial.

[MissDiva1]

No, but the jury will be. Doesn't mean they will make the right decision either.

 

Whatever the verdict I would wager the jurors think they made the right decision.......afterall they are the ones presented with all the facts......

[GaNavy]

I agree a large percentage get a defense verdict. And most of the plaintiff verdicts are not that huge....that's why we hear about the big ones in the news....McDonalds?

 

But how many of these lawsuits actually go to trial? Not many. And there are a lot of claims made that never even see suit papers filed. Most claims and lawsuits are settled....and those add up to big bucks.

 

It is true that most suits don't go to trial. It's not true that most get settled, but as with jury verdicts, when there is a settlement, it usually is not large. And lots of claims get dismissed. Sometimes one of the parties is granted summary judgment, i.e., judgment without a trial, and just like jury trials, the defense wins the great preponderance of those.

 

My point was that the plaintiff goes away empty-handed in the great majority of personal injury suits. And I would anticipate that this case will be another one of those.

[flcruiser4]

Whatever the verdict I would wager the jurors think they made the right decision.......afterall they are the ones presented with all the facts......

 

Facts? Are those "facts" always relevant to the case? For example, is it relevant for the plaintiff's attorney to give the jury statistics on crime rates on the island to make a point that Carnival shouldn't have gone there? Is it relevant for Carnival to provide a list of all their cruises that do not go to that island to show that the plaintiffs didn't have to go on that specific cruise? Should Carnival bring statistics on what percent of passengers stay on the ship while they are at port? Or a list of activities/venues on the ship that are open while they are at the port?

 

If this was not a Carnival excursion and the shooter was not affiliated with Carnival in any way, I don't see what "facts" the plaintiffs can present to prove that Carnival breached any duties and caused this to happen.

 

Facts: the plaintiffs voluntarily went on the cruise, they knew where it was going, they booked an excursion that was not through Carnival, they chose to get off the ship at the port.

[MissDiva1]

Facts? Are those "facts" always relevant to the case? For example, is it relevant for the plaintiff's attorney to give the jury statistics on crime rates on the island to make a point that Carnival shouldn't have gone there? Is it relevant for Carnival to provide a list of all their cruises that do not go to that island to show that the plaintiffs didn't have to go on that specific cruise? Should Carnival bring statistics on what percent of passengers stay on the ship while they are at port? Or a list of activities/venues on the ship that are open while they are at the port?

 

If this was not a Carnival excursion and the shooter was not affiliated with Carnival in any way, I don't see what "facts" the plaintiffs can present to prove that Carnival breached any duties and caused this to happen.

 

Facts: the plaintiffs voluntarily went on the cruise, they knew where it was going, they booked an excursion that was not through Carnival, they chose to get off the ship at the port.

 

I couldn't tell you as I don't know what the arguement is. Why get all upset when you don't either:confused:

[bougiet]

Whatever the verdict I would wager the jurors think they made the right decision.......afterall they are the ones presented with all the facts......

 

Really Miss Diva, you really believe that the person who spilled hot coffee should have been awarded money?? LMAO Seriously? Ohhh Kkkkkk.:confused::eek:

[tulsacubfan]

It is true that most suits don't go to trial. It's not true that most get settled, but as with jury verdicts, when there is a settlement, it usually is not large. And lots of claims get dismissed. Sometimes one of the parties is granted summary judgment, i.e., judgment without a trial, and just like jury trials, the defense wins the great preponderance of those.

 

My point was that the plaintiff goes away empty-handed in the great majority of personal injury suits. And I would anticipate that this case will be another one of those.

 

So are you saying most of those that don't go to trial [both those that suit has been filed (suit) and those that suit was never filed (claim)] just "go away" with nothing paid? Sorry, we will have to agree to disagree on that point.

 

There is a difference between a claim and a lawsuit. Claims don't get "dismissed" or have a summary judgment motion granted. Lawsuits get dismissed by summarry judgment or some other such motion. A claim is just that...a claim...and the courts cannot dismiss (by MSJ or otherwise) something that has never been filed.

[MissDiva1]

Really Miss Diva, you really believe that the person who spilled hot coffee should have been awarded money?? LMAO Seriously? Ohhh Kkkkkk.:confused::eek:

 

Didn't they lower the temperature of their coffee after that lawsuit:confused:

[trailercruiser]

Really Miss Diva, you really believe that the person who spilled hot coffee should have been awarded money?? LMAO Seriously? Ohhh Kkkkkk.:confused::eek:

Take her with a grain of salt. Anyone who puts something boiling hot between there legs while driving deserves to be burned. If your that dumb I'm sorry show some personal responsibility.;)

[friedshrimp]

Carnival warns passengers all the time about safety in ports.

This time something happened.

Cruise line has liability.

 

A couple of folks here have taken the position that Carnival has some sort of liability in this situation. Please explain HOW you come to that conclusion???