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Costa's Compensation Offer MERGED THREAD WITH COSTA LEGAL OFFER & 2 OTHER THREADS

zider

By zider,
in Costa Cruises

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Cuizer2

Cuizer2

Posted
Posted
Let me give my two cents based on what other legal commentators have been saying on the news. Usually when gross or criminal negligence is involved a written contract will be not enforced in U.S. courts. The first thing the lawyers will attempt to do in this Costa case is to squash the provisions of the cruise ticket contract - it is an uphill battle but they are likely to succeed according to legal pundits on T.V.

 

The example this lawyer cites in the article of someone falling down and breaking their leg on a cruise ship - a situation that did not involve gross or criminal negligence of the officers & crew is very different than the Costa Concordia. The decision to enforce the contract terms when someone breaks a leg is expected and appropriate.

 

Let me provide my own personal example. For many years I used to coach youth soccer. Part of the coach licensing process was to understand the basics of waiver contract law for your club. Basically to play a sport in the U.S. parents sign a waiver not to sue the club if their child gets hurt. This translates as follows in practice; if a kid breaks their leg in a game due to contact with another child with no criminal intent then the waiver is legally binding. If I as a coach go over and beat up the kid and break his bones, and get arrested for criminal assault, then waiver will be tossed out in court and the club will be liable in civil court. This is why coaches go through extensive criminal background checks and a pysch interview in the U.S. before being allowed to coach youth sports.

 

I expect these same legal concepts will hold true in the Costa Concordia case in the U.S. - only time will tell if my opinion is correct (I am not a lawyer and this is not legal advice).

 

Patience is a virtue.

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cruiserfanfromct

cruiserfanfromct

Posted
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This is just coming out of Italy now - John Eaves, US attorney is asking for 2 Million dollars for each of his clients:

 

http://translate.google.com/translate?sl=auto&tl=en&js=n&prev=_t&hl=en&ie=UTF-8&layout=2&eotf=1&u=http%3A%2F%2Fwww.ilgiornale.it%2Fcronache%2Fcosta_concordia2_milioni_risarcimentoper_vittime_statunitensi%2Frisarcimenti-vittime-costa_concordia%2F09-02-2012%2Farticolo-id%3D571330-page%3D0-comments%3D1

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Cuizer2

Cuizer2

Posted
Posted

 

And a mother in New York is suing for $900,000,000,000,000 ...

 

http://www.ibtimes.com/articles/295180/20120208/900-trillion-suit-mother-sues-staten-island.htm

 

http://news.yahoo.com/900-trillion-lawsuit-proves-mentally-unstable-not-represent-184400460.html

 

Neither is likely to get what they want. But both are receiving media attention.

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Tranquil Waters

Tranquil Waters

Posted
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And a mother in New York is suing for $900,000,000,000,000 ...

 

http://www.ibtimes.com/articles/295180/20120208/900-trillion-suit-mother-sues-staten-island.htm

 

http://news.yahoo.com/900-trillion-lawsuit-proves-mentally-unstable-not-represent-184400460.html

 

Neither is likely to get what they want. But both are receiving media attention.

 

Makes the Concordia suits seem downright reasonable now doesn't it.....

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qtlikeme

qtlikeme

Posted
Posted

After reading about the offer that Costa was proposing to passengers for the past 2 weeks, finally a courier dropped our letters off to us today! And now we only have until Feb 24th to have the papers signed and they have to arrive in Florida in just over 2 weeks. I am not sure what to do..... I have been experiencing the effects of the trauma and am currently off work as I can not concentrate on my stressful job in the medical field. How can I be sure that I will get "over" these problems and be able to return to my former self? I certainly hope they can extend this deadline in my case. We have been in contact with the Florida office and they have directed us to call someone in New York and when we talked to him today, he did not seem to know what to say but told us he would call back tomorrow! I am starting to get more and more stressed as I think about all this!!!! Any one with suggestions?

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cruiserfanfromct

cruiserfanfromct

Posted
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Do you know how the other Canadian passengers are proceeding? I would try to get in touch with all the groups and all the attorneys representing groups and research all your options before accepting anything. I'm not suggesting not to accept Costa's offer and am certainly not in the position advise you legally, but if I were in your shoes I would make certain I thoroughly investigated all other possibilities before proceeding.

 

After reading about the offer that Costa was proposing to passengers for the past 2 weeks, finally a courier dropped our letters off to us today! And now we only have until Feb 24th to have the papers signed and they have to arrive in Florida in just over 2 weeks. I am not sure what to do..... I have been experiencing the effects of the trauma and am currently off work as I can not concentrate on my stressful job in the medical field. How can I be sure that I will get "over" these problems and be able to return to my former self? I certainly hope they can extend this deadline in my case. We have been in contact with the Florida office and they have directed us to call someone in New York and when we talked to him today, he did not seem to know what to say but told us he would call back tomorrow! I am starting to get more and more stressed as I think about all this!!!! Any one with suggestions?
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mickey_d_mouse

mickey_d_mouse

Posted
Posted
After reading about the offer that Costa was proposing to passengers for the past 2 weeks, finally a courier dropped our letters off to us today! And now we only have until Feb 24th to have the papers signed and they have to arrive in Florida in just over 2 weeks. I am not sure what to do..... I have been experiencing the effects of the trauma and am currently off work as I can not concentrate on my stressful job in the medical field. How can I be sure that I will get "over" these problems and be able to return to my former self? I certainly hope they can extend this deadline in my case. We have been in contact with the Florida office and they have directed us to call someone in New York and when we talked to him today, he did not seem to know what to say but told us he would call back tomorrow! I am starting to get more and more stressed as I think about all this!!!! Any one with suggestions?

 

Sounds like they are treating all of us passengers like crap. Have you lodged the reimbursement forms yet, I have lodged mine but received no information back as to what they propose to pay as yet.

 

Qtlikeme, if you woud like to message me your email I can pass on the information that a lot of of the other english speaking passengers have been sharing re the various sharks ( oops I meant lawyers).

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