Passengers sue RCL over excursion incident

[zdad59]

This was an interesting read. We sailed the following week on Navigator. We only did a walking tour in Falmouth (which I actually highly recommend) but a lot of folks did the Dunn Falls trip. We never heard anything about this but I wouldn't expect RCL to say anything publically about it.

[Fouremco]

I do not see RCI settling before summary judgment as it would set a bad precedent for others to file an action. Also, if somehow RCI were to lose, I would not be shocked if RCI quit offering to coordinate excursions.

I'd certainly be shocked! :eek: It's a major money maker for RCI (and other cruise lines), and one judgement against them isn't going to make them give it.

[oldplayer532]

Almost a year ago since our Indy cruise and that horrific accident. We got back from Grey Hope Plantation excursion and wee waiting for a sail away. Saw some running last minute passengers and then 2 emergencies entered the port. 2 people were taking on a stretchers from the ship accompanied by friends/family and finally the doctor. . Later on their luggage was taken out. Some Jamaican official woman got to the ship and had a conversation with ships officers. Later on the announcement was made about accident. It was a ship sponsored excursion by the small bus, just like the one we took to Plantation.

[Rogueperson]

My take on the article is that RC would be hard pressed to be found liable with this. Reading the article, the liability of the accident may not even be with the tour driver and if that's the case, the entire case against Royal Caribbean would be moot. The part that said "Another vehicle entered their lane and the tour operator did not react fast enough" tells me that despite what he was doing prior, at the time of the accident, he failed to avoid someone who came into his lane.

 

First off, liability would have to be adjudicated with local laws. Does Jamaica have that kind of traffic laws? Liability would have to fall totally onto the tour operator's lap and then decide if Royal Caribbean has a duty to protect against this kind of accident.

 

Also, I believe the contract says they must sue in Florida and Florida is a comparative negligence state. They would ask how much is Royal Caribbean at fault for the failure of a local contracted tour operator. Ultimately, it was the tour operator that caused the accident IF they judge him at fault for the accident, and then they would have to ask, did he do anything GROSSLY negligence that would cause death. Here, i'm not so sure where gross negligence would apply. Whose standard of gross negligence, Jamaica's or US's.

 

There's a lot of things that need to connect things together for Royal Caribbean to be found liable for this accident.

[vacationlover_mn]

:(

 

 

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