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Child falls 2 stories in ship at port


LMaxwell
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One might run to an attorney for discovery, not necessarily for a cash settlement.

 

This family suffered a horrible loss. They deserve to know what happened. In a perfect world there would be no accidents but we don't live in a perfect world.

 

This well could have been an accident. Wouldn't you want to know?

 

Surveillance tapes and eye witness testimony could answer the basic question. How would you get access to either without the help of the legal process?

 

That's the job of the police who is now investigating, not their attorney's. The facts will come out in the police report. Why not wait for the investigation report instead of launching legal action at this stage?

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This is very true. Sometimes, unless you have the help of an attorney, it's hard to get truthful and complete information on what happened. I speak from experience. My only child, my 25 yo daughter, died and I hired an attorney to get information on what happened because I got nowhere on my own. Hiring an attorney right away also helps protect any evidence or videos or any information there is from being "lost." Better to be protected even if suing is not your intention. When you've lost a child, you're not thinking clearly and the attorney can help. I feel for the girl's family. They are just starting a very painful journey.

i'm sorry for your loss.

 

i do agree that an attorney should be hired asap. you don't want to sign anything from CCL that could give up your rights.

 

Local news here in Central Florida is reporting claims of being pushed by crowds on Elevator??

 

Probably more #FAKENEWS.

 

 

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i saw that. but the reporter used qualifiers to describe that. also, where is the detained ppl? if someone did nudge the little girl, for sure that person would have been questioned by police.

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Sorry, but that is absolutely incorrect. I'm no fan of lawyers and our litigious society either, but try getting pertinent info out of a major corporation and see what happens. Public record police reports are not all-encompassing. Plus, by law, police have to redact all personal identifiers from their reports before releasing them. You may not see it but if this was your little girl, you'd have an attorney too.

 

 

 

The only person who NEEDS to know what happened is the child's mother. The mother won't get redacted reports. That's only for public records. The mother will be part of the investigation and have access to everything the police do. The uncle and distant relatives don't NEED to know anything the mom doesn't tell them.

 

 

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Remember a while back when these two boys video taped themselves jumping off the railing and into the pool on a Carnival ship? The youtube video has been removed (I wonder why?). There's other pics of boys dangling off the side of ship holding onto the railing. Maybe a cruise ship isn't the place for children under the age of 18. It looks like the village has its share of idiots.

Capture-3-696x418.jpg

 

https://www.cruisehive.com/boy-cruise-ship-jumps-deck-pool/17991

 

 

 

We saw an adult sitting on there balcony rail with feet on the ocean side on NCL Jewel. By your logic maybe a cruise ship isn't the place for adults either....people of all ages seem to make stupid choices.[emoji849]

 

 

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Very sorry for the family, heartbreaking story. Cruising with my soon to be 5 year old in a month, and DH and I were discussing to "leash" or not. We have been to Disney 3 times without 1 but after reading this story considering it as my child is extremely active and like a child doesn't always listen. I am also curious as to the HOW did this happen. Prayers to the family.

 

 

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I was born in 1950 and my mother had a leash for me and I used one with my son who is now 44. It didn't scar either one of us and in fact I think it gives young children a greater sense of freedom. I think leashes are great, but obviously not appropriate for an 8 year old.

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Don't forget also, the cruise line is insured for this very sort of thing. I would never try to deal with an insurance company for any significant claim without an attorney.

 

I am getting ready to meet with a lawyer this afternoon for a car accident. Nothing as serious as this poor family is facing of course. But it's been a long time and I want it settled. I was sitting at a red light and was rear-ended. Nothing I could have done to avoid it, but his insurance is dragging their feet.

 

So yes, I would get a lawyer in their case, someone to be their advocate.

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That latest news report, posted by lady-cruiser, says at the end that homicide detectives are investigating, so let's not assume just yet that the poor child herself was to blame, or put it all on her parents. Another child/adult could have been involved.

 

 

 

Just seems a bit strange to me that it was an 8-year-old girl. If it was a boy, I could understand more, seeing as they tend to be the more adventurous.

 

 

 

Anyway, a horrible thing to happen, whatever the circumstances.

 

 

 

Not even close to being correct. At that age children have no fear. It just does not make sense. All railings seem to be in place. I doubt it was foul play. It will probably come down to a young child making a bad decision before anyone could react.

There has to surveillance footage of the lobby bar and atrium. Cameras are everywhere on these ships. Plus the ship lobby would be busy with disembarking passengers. Someone’s camera had to have been recording.

 

 

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I am getting ready to meet with a lawyer this afternoon for a car accident. Nothing as serious as this poor family is facing of course. But it's been a long time and I want it settled. I was sitting at a red light and was rear-ended. Nothing I could have done to avoid it, but his insurance is dragging their feet.

 

 

 

So yes, I would get a lawyer in their case, someone to be their advocate.

 

 

 

You are implying they have a case. And your lawyer is getting you a settlement. If the child leaned over a railing and/or may have been pushed by someone getting off an elevator - none of that has anything to do with carnival. Unless the police investigation uncovers a completely different set of circumstances, there is no case.

 

 

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You are implying they have a case. And your lawyer is getting you a settlement. If the child leaned over a railing and/or may have been pushed by someone getting off an elevator - none of that has anything to do with carnival. Unless the police investigation uncovers a completely different set of circumstances, there is no case.

 

 

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In part, yes I hope he gets me a settlement. And I know it's not the same thing, but I also know I don't know what to ask and of who. So, my comment was more that in their place, I would want someone I knew was on my side.

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On another related note, (and I'm NOT saying this mother was not watching her child) people tend to have a very false sense of security for their children on cruise ships. I assume most people wouldn't let their 6 year old walk the streets of their own neighborhood alone, yet, I saw a boy approximately 6 or 7 years old on the elevator all alone during this very cruise. Aside from being able to get into their own trouble, you don't know who is on these ships. Anyone could grab a child walking alone and pull them into a room or some other secluded space. A cruise ship is not a shangri-la where nothing goes wrong and everyone is good and children are safe. The very same dangers that exist in the "real world" also exist on cruise ships.

 

 

Perfectly said!!!!!!!! I was a young teenager on a cruise with my parents and was able to go off on my own with my sister (also a young teen). We had a "situation" happen to us that could have been tragic and I will never forget it!!!!

 

 

 

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I read this in the news before I saw the thread here and my heart has been crying ever since. I have read thru this whole thread and the only thought that keeps going thru my mind is: since this child was taken from this earth so much earlier than anyone who knew her imagined, I hope she and her family had a very special cruise vacation that would be the last they ever had with her. I hope there were so many awesome moments and so many smiles and so much laughter that it will fill their hearts with a lifetime of unforgettable memories. May she rest in peace and prayers of comfort to her family and friends and peace to the crew members of the Glory.

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That's the job of the police who is now investigating, not their attorney's. The facts will come out in the police report. Why not wait for the investigation report instead of launching legal action at this stage?

 

I would assume that an attorney will request a litigation hold so that Carnival cannot delete or destroy any evidence (video, internal incident reports, maintenance documentation, documentation of incidents of other ships, etc.) until it has a chance to be reviewed and the legal team determines if any other entity could be at fault. I know nothing about standard law enforcement practices, but it could be a litigation hold casts a wider net than what the local authorities may request in their investigation. I doubt they have a case, but this seems like standard practice in any serious accident. Let's give this grieving family the benefit of the doubt.

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You are implying they have a case. And your lawyer is getting you a settlement. If the child leaned over a railing and/or may have been pushed by someone getting off an elevator - none of that has anything to do with carnival. Unless the police investigation uncovers a completely different set of circumstances, there is no case.

 

 

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There is always a case even if Carnival is not at fault. Like the railing should have been 2 inches higher. Or there should have been a big blinking neon sign warning about the danger of falling. Or perhaps a safety cargo net should have been installed in the atrium in case someone would fall from above. When a defendant is loaded with money, the ambulance chaser will always find an imaginary fault to go after the defendant's cash account.

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We saw an adult sitting on there balcony rail with feet on the ocean side on NCL Jewel. By your logic maybe a cruise ship isn't the place for adults either....people of all ages seem to make stupid choices.[emoji849]

 

 

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And I saw an adult sit their kid up on the railing after being told in muster not to do so. It was during sail away and we were at the front of the ship. Remember that woman who was on camera who stepped up on a light at the front of the ship and went overboard. Stupid ought to hurt. Then the family tried to sue the cruise line. It should be the other way around. Cruise lines should sue for ignorance.

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I read this in the news before I saw the thread here and my heart has been crying ever since. I have read thru this whole thread and the only thought that keeps going thru my mind is: since this child was taken from this earth so much earlier than anyone who knew her imagined, I hope she and her family had a very special cruise vacation that would be the last they ever had with her. I hope there were so many awesome moments and so many smiles and so much laughter that it will fill their hearts with a lifetime of unforgettable memories. May she rest in peace and prayers of comfort to her family and friends and peace to the crew members of the Glory.

:loudcry:

i REALLY hope they took a lot of pics.

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I would assume that an attorney will request a litigation hold so that Carnival cannot delete or destroy any evidence (video, internal incident reports, maintenance documentation, documentation of incidents of other ships, etc.) until it has a chance to be reviewed and the legal team determines if any other entity could be at fault. I know nothing about standard law enforcement practices, but it could be a litigation hold casts a wider net than what the local authorities may request in their investigation. I doubt they have a case, but this seems like standard practice in any serious accident. Let's give this grieving family the benefit of the doubt.

 

 

 

The police will do this more effectively than an attorney.

 

People have to keep in mind that this isn't a fender bender accident, it's the death of a perfectly healthy child. It will be thoroughly investigated and get due diligence from the police. That's why the homicide unit investigates it - they know what questions to ask and what resources are available. I've seen corporate video held by policy anywhere from 48 hours to several months. By the time an attorney gets involved they are usually getting the video from the police file.

 

 

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Whoever said that about 'finding answers' and pursuing legal action wasn't the mom; think it was an uncle or something. Chances are good that the mom is already being informed as the investigation continues. The news was just looking for a sound bite from from a 'family member'.

 

It was reported in the video with the Uncle that the mother and another female relative traveling with them had to be hospitalized due to the emotional reaction to the child's fall and subsequent death. So, I'm not sure what they may or may not be sharing with her at the moment.

 

I do agree that the news was probably trying to get whatever sound bite they can. I would likely have an attorney in that situation whether or not I planned to sue. Having a legal advocate navigate this horrific circumstance is an intelligent move and not at all an actual indication of a suit.

 

Does anyone remember the tragic death of the little boy who was killed by an alligator at Disney? The family in that case did not end up suing - now I'm sure Disney did offer a settlement, but there is no record or statement that confirms that. Same thing could happen here.

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The police will do this more effectively than an attorney.

 

 

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I'm not trying to imply that attorneys would be more effective than local authorities. It's just how the family can legally ensure all related evidence is preserved and that they can have access to it.

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Ugh this back and forth about attorneys is just as fruitless as the school discussion was yesterday.

 

That’s because people don’t understand the purpose of an attorney in the preliminary stages of a case like this. They want to rush judgement and assume the family is frivolously money grabbing. They’re being ignorant.

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Exactly, and I've done so before to 2 little boys in the balcony next door. Standing on chairs, leaning over the railing and neither mom nor dad out there. Without thinking clearly, I yelled over to get down off the chairs before I get their mom. I've never been so scared. I hope they think of the mean lady who yelled at them if they ever try and do it again.

 

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It was reported in the video with the Uncle that the mother and another female relative traveling with them had to be hospitalized due to the emotional reaction to the child's fall and subsequent death. So, I'm not sure what they may or may not be sharing with her at the moment.

 

I do agree that the news was probably trying to get whatever sound bite they can. I would likely have an attorney in that situation whether or not I planned to sue. Having a legal advocate navigate this horrific circumstance is an intelligent move and not at all an actual indication of a suit.

 

Does anyone remember the tragic death of the little boy who was killed by an alligator at Disney? The family in that case did not end up suing - now I'm sure Disney did offer a settlement, but there is no record or statement that confirms that. Same thing could happen here.

 

Apparently different caliber of people. The folks at Disney asked for privacy, not an attorney and JUSTICE. There can be no justice in this case. Justice would bring the child back. It can't happen.

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I read this in the news before I saw the thread here and my heart has been crying ever since. I have read thru this whole thread and the only thought that keeps going thru my mind is: since this child was taken from this earth so much earlier than anyone who knew her imagined, I hope she and her family had a very special cruise vacation that would be the last they ever had with her. I hope there were so many awesome moments and so many smiles and so much laughter that it will fill their hearts with a lifetime of unforgettable memories. May she rest in peace and prayers of comfort to her family and friends and peace to the crew members of the Glory.

As do I!

 

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That’s because people don’t understand the purpose of an attorney in the preliminary stages of a case like this. They want to rush judgement and assume the family is frivolously money grabbing. They’re being ignorant.

 

You call people you don't know ignorant and claim others are being judgmental. i love irony.

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In part, yes I hope he gets me a settlement. And I know it's not the same thing, but I also know I don't know what to ask and of who. So, my comment was more that in their place, I would want someone I knew was on my side.

 

A settlement won't bring the child back: nothing will.

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