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Tree_skier

Winkleman strikes again!

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The only certainties in life are death, taxes and Winkleman suing Royal Caribbean.  

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As they say you can sue for anything. Guess Royal and the excursion company knew all along  the volcano was going to blow. I bet before you go you sign a waver. Remember the song. I doe know where I gonna go when the volcana blow!

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7 minutes ago, ALWAYS CRUZIN said:

As they say you can sue for anything. Guess Royal and the excursion company knew all along  the volcano was going to blow. I bet before you go you sign a waver. Remember the song. I doe know where I gonna go when the volcana blow!

Did you actually read the story and understand the horrors this couple went through and are still going through?

 

I kind of expected the majority would come on here to defend RCCL. 

 

But where's the sympathy for this couple?  What about those who died?

 

The tour company certainly should have know about the increased danger and Royal should have known, but they are concerned about one thing and one thing only - increasing the sales of their tours.

 

Hey folks, people died as a result of this tour.

 

How about a little more empathy and compassion for the victims?  If you really believe this is a frivolous lawsuit, you need help!

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Posted (edited)

Always looking to place blame on others these days - never any personal responsibility.  Just a fact - I’m not blaming, sticking up for, or shaming anyone.
 

I found this article in GQ magazine about the eruption day interesting and well written.
 

https://www.gq.com/story/eruption-of-whakaari-white-island-new-zealand

Edited by pstone1

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11 minutes ago, yogimax said:

Did you actually read the story and understand the horrors this couple went through and are still going through?

 

I kind of expected the majority would come on here to defend RCCL. 

 

But where's the sympathy for this couple?  What about those who died?

 

The tour company certainly should have know about the increased danger and Royal should have known, but they are concerned about one thing and one thing only - increasing the sales of their tours.

 

Hey folks, people died as a result of this tour.

 

How about a little more empathy and compassion for the victims?  If you really believe this is a frivolous lawsuit, you need help!

I certainly understand what happened. You nor I do not know the exact circumstances on exactly what happened and what happened before the tour even took place. It was a tragedy and there are many in this world. Were they told the dangers that could happen? I do not know that. Did anyone know that this was about to happen? Had it erupted recently? Has it been dormant for many years? Nature is unpredictable. Things happen. It is sad but true.

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@Tree_skier if you don’t mind me asking how is your mom doing?  Hopefully as best as possible, all things considered. 

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8 hours ago, yogimax said:

Did you actually read the story and understand the horrors this couple went through and are still going through?

 

I kind of expected the majority would come on here to defend RCCL. 

 

But where's the sympathy for this couple?  What about those who died?

 

The tour company certainly should have know about the increased danger and Royal should have known, but they are concerned about one thing and one thing only - increasing the sales of their tours.

 

Hey folks, people died as a result of this tour.

 

How about a little more empathy and compassion for the victims?  If you really believe this is a frivolous lawsuit, you need help!

 

Seems a little early to blast the membership here. You do know you're just the 3rd reply but you felt compelled to chastise "the majority"🤔

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Every tragedy needs someone to blame and someone to pay.  What is wrong with us?

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Well this is a touchy one, so in no manner do I mean to imply that sometimes cases are brought up that are “stretches” or blatant attempts for a money settlement, BUT, I think this one is not. 

There are many old sayings....one I always remember is ...”choose your partners wisely”

 

I imagine RCL somewhat partnered via commission with tour operators.  RCL then relies, and most likely contractually requires, its partner, with feet on the ground, eyes and ears on the island, and hopefully for safety reasons in contact with some scientists or professionals there to continually monitor the volcano, to practice safely.  No matter what the waiver says, RCL by partnering, sort of provides an implied consent that the darn thing is safe for its guests.  I know some of you will not agree with that, but it happens in many cases.

 

Given the changes in conditions noted in the article, both six months prior and two months prior, the tour operator perhaps should have considered extending the perimeter, keeping its paid guests at a much further and safer distance.  From the picture and the article, that couple was pretty darn close.  Obviously many died and this young couple nearly did, they were all too close.

 

My guess is this case will never see a courtroom.  RCL I think would not want to let a jury mull it over.  I believe technically, RCL then has the option to sue the tour operator for any losses they have, for all the same reasons above.  I imagine RCL, as part of their agreement insisted on safety protocols and a good amount of insurance riders in case of injuries.  RCL may be limited to the operators insurance coverage, which may not cover all its losses......which is why we....choose our partners wisely.

 

i am not trying to argue with anyone on the board, everyone’s comments are valid and I respect your opinions.  I am not trying to change your mind, just saying this case is touchy. 

 

Eddie

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4 hours ago, Eddie Wilson said:

Well this is a touchy one, so in no manner do I mean to imply that sometimes cases are brought up that are “stretches” or blatant attempts for a money settlement, BUT, I think this one is not. 

There are many old sayings....one I always remember is ...”choose your partners wisely”

 

I imagine RCL somewhat partnered via commission with tour operators.  RCL then relies, and most likely contractually requires, its partner, with feet on the ground, eyes and ears on the island, and hopefully for safety reasons in contact with some scientists or professionals there to continually monitor the volcano, to practice safely.  No matter what the waiver says, RCL by partnering, sort of provides an implied consent that the darn thing is safe for its guests.  I know some of you will not agree with that, but it happens in many cases.

 

Given the changes in conditions noted in the article, both six months prior and two months prior, the tour operator perhaps should have considered extending the perimeter, keeping its paid guests at a much further and safer distance.  From the picture and the article, that couple was pretty darn close.  Obviously many died and this young couple nearly did, they were all too close.

 

My guess is this case will never see a courtroom.  RCL I think would not want to let a jury mull it over.  I believe technically, RCL then has the option to sue the tour operator for any losses they have, for all the same reasons above.  I imagine RCL, as part of their agreement insisted on safety protocols and a good amount of insurance riders in case of injuries.  RCL may be limited to the operators insurance coverage, which may not cover all its losses......which is why we....choose our partners wisely.

 

i am not trying to argue with anyone on the board, everyone’s comments are valid and I respect your opinions.  I am not trying to change your mind, just saying this case is touchy. 

 

Eddie

I would think Royal will cover whatever it can to financially help all that were involved. I see no reason for them to take this to court. However, not Royal but those involved may want to go to court if the settlements are not what is expected. So where will it happen. That might be the biggest problem the plaintiffs will face.

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23 hours ago, yogimax said:

Did you actually read the story and understand the horrors this couple went through and are still going through?

 

I kind of expected the majority would come on here to defend RCCL. 

 

But where's the sympathy for this couple?  What about those who died?

 

The tour company certainly should have know about the increased danger and Royal should have known, but they are concerned about one thing and one thing only - increasing the sales of their tours.

 

Hey folks, people died as a result of this tour.

 

How about a little more empathy and compassion for the victims?  If you really believe this is a frivolous lawsuit, you need help!

I'm very sympathetic to the couple.  What they experienced would have been utterly horrible.  I'm also sad that they have chosen to represent their interests by the worst, ambulance chasing, snake known to maritime law.

 

I don't anymore, but I have engaged in all manner of dangerous activities.  I have been severely injured several times.  I recognized that when I chose to participate in these dangerous activities I accepted that I might be at risk and that that risk is all my own. Not every time bad things happen to good people do corporations need to pay the bill for the good peoples choice to participate. I believe in personal responsibility.  

 

I truly hope these folks recover completely.  I hope that Winkleman doesn't drag these people through a media circus, as is his custom, and they are eventually allowed to recover emotionally as well.

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15 hours ago, A&L_Ont said:

@Tree_skier if you don’t mind me asking how is your mom doing?  Hopefully as best as possible, all things considered. 

That's so kind of you to remember and ask. She's alive but fading.  It's hard watching but I'm thankful I have this pause in my usual schedule allowing me to spend all this time with her now.

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14 minutes ago, Tree_skier said:

That's so kind of you to remember and ask. She's alive but fading.  It's hard watching but I'm thankful I have this pause in my usual schedule allowing me to spend all this time with her now.


We all know that day is inevitable, it doesn’t make it any easier. My “faith” isn’t an organized one, it’s more like treat others as you wish to be treated.
 

Even though this is the strangest of times, it has allowed you to spend this important time with her.  It sounds like you are making the best of these days, they are the days you will never forget. 

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Winkleman is also representing some crew members who got Covid19  or families whose loved ones died from it.  Wonder if he's still actively working the case where the step-grandfather dropped his granddaughter out of an open window on Freedom's pool deck.  These cases may be more likely to get a settlement.  

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Posted (edited)
On 6/28/2020 at 10:06 AM, Eddie Wilson said:

I imagine RCL somewhat partnered via commission with tour operators.  RCL then relies, and most likely contractually requires, its partner, with feet on the ground, eyes and ears on the island, and hopefully for safety reasons in contact with some scientists or professionals there to continually monitor the volcano, to practice safely.  No matter what the waiver says, RCL by partnering, sort of provides an implied consent that the darn thing is safe for its guests.  I know some of you will not agree with that, but it happens in many cases.

 

Given the changes in conditions noted in the article, both six months prior and two months prior, the tour operator perhaps should have considered extending the perimeter, keeping its paid guests at a much further and safer distance.  From the picture and the article, that couple was pretty darn close.  Obviously many died and this young couple nearly did, they were all too close.

 

I remember when this happened.  The perimeter would have been not doing the excursion.  There really was not anyplace actually on the island that were not affected if I remember correctly.

 

Based on my post research this island frequently moves between different "threat" levels.  Also based on that research I would have never booked this excursion.  But I have a feeling that RCCL wasn't as forthcoming with the information I found.

 

On the other side, this trip has been commonly offered to all-comers (cruise or otherwise) over the years.

 

It will be interesting what happens, if RCCL decides to declare bankruptcy in light of covid.  The plaintiffs will just be in line with other creditors for payment of due obligations.  I imagine that the this is a contingency fee law suit.  I.E. the law firm only gets paid if they win the case and the plaintiffs receive money from the party being sued.  If RCCL declares bankruptcy, then at best the plaintiffs will most likely receive pennies on the dollar at best, and the law firm will only get a percentage of those funds.  Wonder if the law firm will lose interest in pursueing the case if this happens.

 

Edited by gatour
fixed a misspelling

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