I'm still waiting for the news to show the first person to file a lawsuit

[fuddrules]

If anyone tries to sue I hope they lose money, but I hope Carnival loses a lot of cruisers as well after this:)

 

Me too, I'd love to score some high value cruises.

[PurpleDog]

No matter what happens - if the passengers sue or not - Carnivals reputation is going to be seriously damaged. Anyone in the USA thinking about a cruise for the next couple of YEARS will associate Carnival with pooping in bags, raw sewage in the hallways, long lines for food, etc etc.

[songbird1329]

Call me a cheerleader, but I still don't see a reasonable basis for a suit. I'd say the same regardless of the cruise line.

 

The info about the short in the electrical system and the USCG giving them until the 27th to have it repaired will further indemnify them, if that turns out to be the cause.

 

If people were injured or died, there'd be cause for a suit. Discomfort doesn't qualify. Lost wages may be a reasonable damage, but I strongly suspect that anyone who approaches Carnival with documented evidence of lost wages will be compensated for them without a suit.

 

Very perceptive comments.

[coolson_2000]

It's not about wishing bad carnival. It's about holding a company accountable when something goes wrong.

 

Then why are people on here jumping for joy at the idea of Carnival going belly up. They don't care about accountability. They want Carnival GONE regardless of the circumstances (or at least that's how it reads).

 

Your comments are so asinine I can't even think of a response.

 

You can't think of a response because there is none. This post was spot on. Tell me honestly that this country is the same strong back, hard knuckled place that you remember even 20 years ago. People have found that they can make other people responsible for their own ignorance. It's becoming a sad sad world.

[Bashlin]

No matter what happens - if the passengers sue or not - Carnivals reputation is going to be seriously damaged. Anyone in the USA thinking about a cruise for the next couple of YEARS will associate Carnival with pooping in bags, raw sewage in the hallways, long lines for food, etc etc.

 

Nah, give it 2 months ;-)

 

Sent from my Galaxy 3S

[fuddrules]

No matter what happens - if the passengers sue or not - Carnivals reputation is going to be seriously damaged. Anyone in the USA thinking about a cruise for the next couple of YEARS will associate Carnival with pooping in bags, raw sewage in the hallways, long lines for food, etc etc.

 

You do realize this cruise was packed even after the Carnival owned Costa incident. If the virtual sinking of a ship with a coward captain doesn't scare people away, I don't think bathroom issues will do much of anything.

[Isasprings]

I hope they get nothing if they sue. Carnival is going to compensate the passengers in the right way. They can turn this into something positive if they do the right thing. Like someone last night said make those 3000 ambasadors for life by giving them free cruises for the rest of their lives.

I would not hesitate to go on a Carnival ship. Things happen, go with the flow....

Everybody wants to sue to get money. People are so greedy. Carnival will come through....

MY GOD I AGREE 100% WITH YOU.Here in Mia got hurricanes all the time

I survive Andrew,Katrina and all others with no hot food or water for 18 days.Half of my house was gone with Andrew........But

I thank God that me and my family are fine that is the most important thing.

[coolson_2000]

Here is a video I think everyone should see. It's just a tv show, but it exhibits much of what we have said here the last few days as well as how many of us now feel. A bit of warning, it does have some explicit language.

[RazorbackBelle08]

Call me a cheerleader, but I still don't see a reasonable basis for a suit. I'd say the same regardless of the cruise line.

 

The info about the short in the electrical system and the USCG giving them until the 27th to have it repaired will further indemnify them, if that turns out to be the cause.

 

If people were injured or died, there'd be cause for a suit. Discomfort doesn't qualify. Lost wages may be a reasonable damage, but I strongly suspect that anyone who approaches Carnival with documented evidence of lost wages will be compensated for them without a suit.

 

This. I got flamed for saying it earlier, but I work for a personal injury firm and have consulted the managing partner and this is completely true. Thanks to the fine print on the ticket contract, unless you are hurt and it's proven that carnival did it intentionally, your lawsuit would be summarily dismissed.

 

But I think Carnival will reimburse people, like you said, for lost wages and such, just to avoid the cost of potential litigation.

 

And also they can't file a Class Action suit. See here, in the contract:

THIS CONTRACT PROVIDES FOR THE EXCLUSIVE RESOLUTION OF DISPUTES THROUGH INDIVIDUAL LEGAL ACTION ON GUEST'S OWN BEHALF INSTEAD OF THROUGH ANY CLASS ACTION. EVEN IF THE APPLICABLE LAW PROVIDES OTHERWISE, GUEST AGREES THAT ANY ARBITRATION OR LAWSUIT AGAINST CARRIER WHATSOEVER SHALL BE LITIGATED BY GUEST INDIVIDUALLY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS ACTION, AND GUEST EXPRESSLY AGREES TO WAIVE ANY LAW ENTITLING GUEST TO PARTICIPATE IN A CLASS ACTION. IF GUEST'S CLAIM IS SUBJECT TO ARBITRATION UNDER CLAUSE 12 (d) ABOVE, THE ARBITRATOR SHALL HAVE NO AUTHORITY TO ARBITRATE CLAIMS ON A CLASS ACTION BASIS. GUEST AGREES THAT THIS SECTION SHALL NOT BE SEVERABLE UNDER ANY CIRCUMSTANCES

FROM THE ARBITRATION CLAUSE SET FORTH IN SECTION 12 (d) ABOVE, AND IF FOR ANY REASON THIS CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY PARTICULAR CLAIM, THEN AND ONLY THEN SUCH CLAIM SHALL NOT BE SUBJECT TO ARBITRATION.

[zeroed]

I'm sure there are many Triumph passengers talking about lawsuits but once reality sets in that will change.

No doubt there were plenty of the cruise ship equivalent of jailhouse lawyers who spoke foolishness and spun yarns of a friend or cousin who sued someone and settled for bazillions. In reality filing a suit and being prepared to follow through beyond rejected settlement offers to actual trial is unlikely in this case. Once a real attorney back home (which most likely isn't Florida nor is a member of the Florida Bar) reads the ticket agreement/waiver and is faced with a potential worst case scenario of having to go to trial in Miami to compete against Carnival's well funded, experienced lawyers most firms won't want to deal with a nickel and dime mental anguish case. Hiring a Miami-based firm won't help much either because even a class action suit won't yield much cash in the grand scheme of things. As my Grandpa would say, the juice isn't worth the squeeze.

Sure, there will be passengers who find a local lawyer who will send a strongly worded letter threatening Carnival but it will only be done with minimal investment from the attorney and as a long shot. Nobody really wants to fight Carnival in a Miami court.

It sucks but that is the reality.

 

It's also possible that Carnival may settle for some small amount (less than 10k) but there may be also be a stipulation in the agreement which states that the plaintiff can never travel with Carnival or it's subsidiaries again under threat of criminal trespass prosecution. Essentially Carnival Corp's own "No Float" list. Rumor has it that Disney Parks settles this way.

 

As for me, once Carnival refunded my fare and covered all of my return travel I would only ask for one thing in lieu of the $500 and that is diamond status. I would think it would be cheaper for Carnival and my family and I could enjoy the benefits.

[bar1068]

No matter what happens - if the passengers sue or not - Carnivals reputation is going to be seriously damaged. Anyone in the USA thinking about a cruise for the next couple of YEARS will associate Carnival with pooping in bags, raw sewage in the hallways, long lines for food, etc etc.

 

So...um..which "anyones in the USA" are you referring to? I'm certain as we "speak" cruise lines, including Carnival are continuing to book folks on cruises. Then there are those of us that were booked on cruises, Carnival cruises, before this incident, and remain booked on those cruises. So, again, who are we talking about here?

[Isasprings]

So...um..which "anyones in the USA" are you referring to? I'm certain as we "speak" cruise lines, including Carnival are continuing to book folks on cruises. Then there are those of us that were booked on cruises, Carnival cruises, before this incident, and remain booked on those cruises. So, again, who are we talking about here?

I'm still going to with cruise with Carninal

[gtalum]

No matter what happens - if the passengers sue or not - Carnivals reputation is going to be seriously damaged. Anyone in the USA thinking about a cruise for the next couple of YEARS will associate Carnival with pooping in bags, raw sewage in the hallways, long lines for food, etc etc.

 

God I hope so. Bring on the lower fares and lower price for CCL stock! :D

[songbird1329]

Interesting how those of us on the board who are in the legal field all seem to think the suit is a non-started, but the "experts" on this board disagree with us.

[richard1s]

Still more of the endless judgmental, insensitive comments from blowhards sitting in the comfort of their homes who have no idea what happened or what these people endured. Absurd comparisons to people living in third world countries having it far worse or extrapolating a $500 pay out to a salary per year - or an endless stream of nonsense about medi-hype. Sad and mean-spirited really.

 

There is an obligation for a conveyance to be properly maintained, if that ship sailed with known mechanical issues that put people at risk, there should be an accountability.

[songbird1329]

If they're suing to teach them a lesson then I guess they will donate all the money won to charity since they're not suing for the money. And I guess you better not do anything wrong while on a cruise because carnival should be able to sue you if you leave a suitcase in the floor of your stateroom and your room steward trips on it and gets hurt.

 

50 years ago there were hardly ever lawsuits filed. Why? Because people had accidents and chalked them up to stuff happens. If you slip on a wet floor, get up and realize that you should pay better attention to where you're going next time.

 

 

Honestly, part of the benefit of a suit, especially in a products liability situation, is to prevent future accidents. If you see a warning label on a product, chances are someone else tried to do exactly what you're being warned not to do.

[songbird1329]

http://www.nytimes.com/2013/02/16/us/carnival-cruise-line-ship-triumph.html?pagewanted=1&_r=0&smid=fb-nytimes

 

Interesting reading.

[Suntanz]

I am totally against people filing lawsuits, but since there was prior problems on the Triumph, I believe the passengers are entitled to additional compensation. As far as injuries go, Infliction of Emotional Distress will be the way around that. Watch how many people go seek "medical treatment" now.

[RazorbackBelle08]

Interesting how those of us on the board who are in the legal field all seem to think the suit is a non-started, but the "experts" on this board disagree with us.

 

Right? :rolleyes:

[Fydlstyx]

People win lawsuits against cruise lines all the time. However, they are not the frivolous lawsuits. I imagine much will hinge on whether the Coast Guard or NTSB finds any fault in CCL for sailing a ship that should not have sailed. That, could cause CCL major problems.

 

Yeah, based on what I have read, it looks like if any negligence can be proven, then the people who wish to file will have more of a leg to stand on, so to speak.

 

I know ppl keep saying that those of us not on the cruise shouldn't have an opinion because we can't know how it really was, but of course I do have an opinion. lol I feel like Carnival was so proactive in offering refunds, cash, future cruise, and transportation, that I personally would not be interested in pursuing a lawsuit. I see it as an accident.

[Fydlstyx]

I hope anyone who tries to sue loses tons of money in attorney fees for trying to be greedy and profit from something like this. Money is not going to make anything better.

 

Right? I could see maybe suing for lost wages, possibly, but to try and make a profit from the situation just seems wrong.

[Mizzouaholic]

Right? I could see maybe suing for lost wages, possibly, but to try and make a profit from the situation just seems wrong.

 

I bet once things get sorted out, that a phone call to Carnival and they will probably work with folks on lost wages without having to sue.

[Fydlstyx]

Right. So no one should ever sue for anything because money doesn't fix it. :rolleyes: maybe you should tell that to the Concordia people that had a family member die. Tell them how stupid it is. I love how people not involved can stand back and decide what is right or wrong.

 

And suing isn't always about getting money. It's about punishing the person or company responsible. Maybe carnival should be sued by everyone involved. Maybe it will teach them a lesson about sending out a ship that they knew was having mechanical problems. It's pathetic that people will stand up for a billion dollar corporation and slam the average joe.

 

Concordia wasn't an accident so much as it was caused by stupidity, though. SOMEONE needed to pay for that. Too bad the individual responsible could not really be made pay adequately.

[TheGirlNextDoor]

I think some of the passengers should be held liable for vandalizing that ship!!!! I saw where some had drawn pictures on the walls. Some depricated in the halls just because they could. I saw where folks had taken bed linens and bath robes to write out stupid messages. I'm sure some of these folks acted like real animals.....

[Fydlstyx]

I bet once things get sorted out, that a phone call to Carnival and they will probably work with folks on lost wages without having to sue.

 

That is probably true.