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

[ducklite]

Suddenly?

 

I've done some quick math and the offer adds up to what is approximately Costa/CCL's insurance deductible. Anything else, they won't be paying.

 

I suspect that they'll be dipping into their pockets well beyond their deductible or limits of liability before this is all over.

 

And I've said it before and I'll say it again, if indeed it's determined that this was caused by a criminal act of an officer of the company, the insurance can and probably will refuse to indemnify--especially if they can prove it's been done before with Costa's blessing. That won't affect third party claims, but it sure as heck will put a billion dollar hit on Costa and it's parent, Carnival Corp.

[sidari]

Jacqeline .... It's about accountability and principle.

 

Thats all well and good but to wait maybe 5 or 10 years or so and for what may end up being a little more than was being offered is a bit daft to say the least because of the principle.

 

cruiser2 .... This thread has suddenly filled up with a bunch of bar room lawyers.

 

No its not it has people who each have an opinion on what happened regardless of whether they agree with each other or not!

 

As a barrister once said " on the One hand it could be this or On the other hand it could be that " nothing has changed.

[Tranquil Waters]

I do not think it will take years to settle. Costa will be paying their attorneys through the nose for all the time it takes. And it is not like they think that - at the end of day - they may not be found responsible. So the sooner the lawsuits (and the publicity that will accompany the lawsuits) goes away the better for the corporation. For both PR and financial reasons.

 

I agree with poster that Costa/CCL may soon come out with a much more reasonable offer. Or perhaps wait to offer to bigger bucks to those who file suit against them as a settlement to end legal proceedings.

 

And, yes, JMHO......;)

[G.M.T.]

My take is:

 

A. It will drag on for years

 

B. Costa will appeal at each stage it loses (if it loses)

 

C. Costa will not offer more now or after 7th. Feb

 

Ron

[Tranquil Waters]

My take is:

 

A. It will drag on for years

 

B. Costa will appeal at each stage it loses (if it loses)

 

C. Costa will not offer more now or after 7th. Feb

 

Ron

 

And this would help Costa how? Oh, right, it would get them and the tragedy in the news over and over again. And no press is bad press right........ Plus think of all the contributions to the legal system Costa/CCL will make in the process. Yes, I can certainly see this as a great strategy.

[PhoenixCruiser]

Jacqeline .... It's about accountability and principle.

 

Thats all well and good but to wait maybe 5 or 10 years or so and for what may end up being a little more than was being offered is a bit daft to say the least because of the principle.

 

cruiser2 .... This thread has suddenly filled up with a bunch of bar room lawyers.

 

No its not it has people who each have an opinion on what happened regardless of whether they agree with each other or not!

 

As a barrister once said " on the One hand it could be this or On the other hand it could be that " nothing has changed.

 

Sid, your posts would be less confusing if you clicked on the "Quote" button on the bottom of the post you want to quote.

 

###

[freagan]

My take is:

 

A. It will drag on for years

 

B. Costa will appeal at each stage it loses (if it loses)

 

C. Costa will not offer more now or after 7th. Feb

 

Ron

 

B1. The Plaintiffs will appeal each stage they lose (if they lose).

[Canadian Karebear]

Think Amanda Knox.

 

I was thinking the same thing

[Cuizer2]

cruiser2 .... This thread has suddenly filled up with a bunch of bar room lawyers.

 

No its not it has people who each have an opinion on what happened regardless of whether they agree with each other or not!

 

As a barrister once said " on the One hand it could be this or On the other hand it could be that " nothing has changed.

 

Many people are stating opinions like they were facts. There is a big difference between saying "X will happen" and "I think X will happen". It is obvious that many are making statements without having any idea of what they are talking about.

[at_nyc]

It is obvious that many are making statements without having any idea of what they are talking about.

On the internet, when you read "this WILL happen", just do a quick mental translation into "In xx's opinion, this is likely to happen".

 

Sid, your posts would be less confusing if you clicked on the "Quote" button on the bottom of the post you want to quote.

Or at least put it in quote! You know, those little thing that looks like "?

 

Actually, sidari reminded me why Costa made such a low ball offer. Because there're people like him who didn't know what else they could do but to accept the first offer.

[sidari]

nyc ... The school Bell has gone now toddle off back to class please.

 

Costa made a low ball offer because they knew that the Greedy like you are out there!

[at_nyc]

nyc ... The school Bell has gone now toddle off back to class please.

 

Costa made a low ball offer because they knew that the Greedy like you are out there!

So you can't take as well as you dish out?

 

You're calling Princess a dreamer. Now you're telling me to go back to school?

 

Do you work for Costa? Doing your best to discourage anyone to ask for more?

 

How else do you know victims can get a better offer without going to court unless you work for them!

 

God created me to corporate man like you. And I'll be here long after your corporate sponsors stops paying.;)

[sidari]

NYC .... Costa Employee erm no ..... paid employee of other organisation to do with cruising erm no ..... paid employee of any organisation erm no !

 

Paid retiree of 30 years service with Emergancy service Yes ... :)

 

Because i can hold my hand up and say sorry unlike many people i am quite happy to Apologise to you for the comments on my last post ... :D

[Tranquil Waters]

 

Costa made a low ball offer because they knew that the Greedy like you are out there!

 

Really? No, really? We are now suppose to think that the Costa suits (not to be confused with lawsuits) sat around a table and said, "You know, there are a lot of greedy people out there. So maybe we better screw the non-greedy who will accept a lowball offer....."

 

Yeah, that will show the greedy alright! :D

[Keel Haul]

NYC .... Costa Employee erm no ..... paid employee of other organisation to do with cruising erm no ..... paid employee of any organisation erm no !

 

Paid retiree of 30 years service with Emergancy service Yes ...

How does Dyno Rod get on without you?

[Keel Haul]

I'm not a lawyer, but I am a certified paralegal and have an insurance brokers license. I've worked in both fields, with an emphasis on corporate law--particularly as it pertains to bankruptcy--and marine indemnity. So I've got at least a little tickle of an idea of what I'm talking about.

Duck this link may interest you http://www.cruiseresearch.org/Legal%20Issues%20Relevant%20to%20Cruise%20Ships.html to be more specific the section under arguing forum selection clauses.I would also say that the now passed Cruise Vessel Security and safety act 2009 may also assist if Schettino is found guilty of a criminal act as Master.

[Keel Haul]

Really? No, really? We are now suppose to think that the Costa suits (not to be confused with lawsuits) sat around a table and said, "You know, there are a lot of greedy people out there. So maybe we better screw the non-greedy who will accept a lowball offer....."

 

Yeah, that will show the greedy alright! :D

Tranq I am a newbie to this form of social intercourse, am I right in thinking that those posters who "****" their page are mainly self aggrandising barm pots.

 

PS if you do not recognize the term "barm pot" just ask Sid

[sidari]

"How does Dyno Rod get on without you?"

 

keel haul ... yeah thats the one used for shifting s**t,... i`ll send them along

[Keel Haul]

Think Amanda Knox.

 

I was thinking the same thing

me too, this is a more recent supreme court decision http://www.guardian.co.uk/world/2012/feb/03/italian-court-gang-rape-jailed

[Keel Haul]

"How does Dyno Rod get on without you?"

 

keel haul ... yeah thats the one used for shifting s**t,... i`ll send them along

Thank you Sid I take it you will get commision.

[sidari]

Of course i will, need to boost my lowly paid pension somehow .... :D

[ducklite]

Duck this link may interest you http://www.cruiseresearch.org/Legal%20Issues%20Relevant%20to%20Cruise%20Ships.html to be more specific the section under arguing forum selection clauses.I would also say that the now passed Cruise Vessel Security and safety act 2009 may also assist if Schettino is found guilty of a criminal act as Master.

 

Thank you. US Courts seem to lean in favor of the Plaintiff when the behavior of the defense has been so egregious as to offend the common man. I can't imagine that any judge isn't going to offer some leeway towards the Plaintiffs where that option exists in this case. I have read some other case law where not only a change of venue was successfully argued, but also a plaintiff prevailed against a cruise line due to gross negligence.

 

As I said in a post a couple of weeks ago, once you are able to add the word "gross" or "criminal" in front of negligence, the rules of court tend to sway towards a plaintiff.

 

If a plaintiff slips and falls on a wet deck, they don't have much of a case, as a reasonable person would assume that the deck of a ship could be wet and take precautions as a result.

 

However a plaintiff does have the right to expect that there won't be a rusty razor blade in the bed sheets, and if they are cut on that foreign object and get a systemic septic infection or tetnus that leads to hospitalization and threat of amputation, they certainly have a case for gross negligence against the line.

 

One other thing to consider.

 

It's possible that the Plaintiffs can put a spin on this to bypass the cruise contract entirely, and instead bring the suit against Carnival Corp (NYSE ticker symbol CCL) for negligent hiring practices or complex litigation intent on unraveling how the corporation is structured specifically to shield CCL from lawsuits based on what they know to be deficient internal practices and a corporate culture that lacks proper oversight of the operations of it's subsidiaries, thus creating an atmosphere of deceptive and dangerous practices with a reasonable expectation of resulting illness, injury, or death to customers.

 

A wide sweeping cause of action on that theory could potentially allow anyone and everyone who got a splinter from a deck chair or was stricken with Noro on a CCL ship to join the action. The number of possible plaintiffs is staggering.

 

Often a plaintiff can back a defendant into a corner where they'll settle rather than face a long, very expensive, and possibly not defensable cause of action. That's actually what most Class Action Suits do, very few actually go to trial, they settle either before or during a mediation process.

 

After reading the CVSSA--the actually bill that passed the House and Senate, not someone's recap on a web site--I'm not sure any of it is applicable to this incident.

[sidari]

"However a plaintiff does have the right to expect that there won't be a rusty razor blade in the bed sheets"

 

:eek:

[DMH15]

The settlement might be fair for some, but if it includes personal belongings, it might be way too low for many people. A few nice pieces of jewelry would constitute $14k.

 

Also, unless you were onboard I don't think anybody can say whether or not the amount is reasonable for potential psychological problems. I've already had a dream about being on a sinking cruise ship just from watching the news!

Expensive jewelry should be scheduled on one's personal insurance policy. Otherwise, one is likely to only recover $500-1,000 from their policy. I learned this the hard way at 18 years of age.

[ducklite]

Expensive jewelry should be scheduled on one's personal insurance policy. Otherwise, one is likely to only recover $500-1,000 from their policy. I learned this the hard way at 18 years of age.

 

However if you take a settlement from Costa, it might preclude you from additional indemnification by your home owners or travel insurance company. There's a lot to be considered, and the fine print needs to be read. I would seek the advice of a competent attorney before agreeing to or signing anything.