Second lawsuit filed in Triumph incident

[tnpilot]

"severe and permanent injuries", uh did I miss something? Which one is severe or permanent, dehydration or bruising?:confused:

[readytogo2]

 

My understanding of the Carnival forum is that it's a resource to help people plan their vacations and to discuss those vacations, not to sit in judgement of anyone that dares to criticize Carnival.

 

Well maybe I'm wrong, but I thought this was called Cruise Critic

[dwjoe]

Well maybe I'm wrong, but I thought this was called Cruise Critic

You are correct.

 

My take is that it's a forum to critique the cruising experience, not other cruisers.

[texsun49]

Today I spoke to a couple I know that were on Triumph. They said it was pretty dismal the last couple of days, bad smell and all the stuff we have heard about. They said crew was excellent, and worked hard to try and keep spirits up. Boredom was also a big thing everyone was dealing with. They told me there was water, and food, just not hot food until they got the portable generator in. They heard about the bus that broke down, and said that is who they blame, the folks on that bus where the ones that brought the bad luck. :p Compenstion is what we heard, reimbursement for this, $500 , travel expenses with also OBC on the future cruise equal to value of this cruise if I understood them correctly. They are leaving on next cruise in a month.

[ducklite]

One symptom of dehydration is confusion. A person could be seriously dehydrated but not realize how ill they were until someone else who knows them realizes that there is something wrong with them.

 

It's possible that the woman in question has a medical condition and her doctor told her to go ahead and cruise, but only to drink bottled water--and she brought her own on, enough to last the original schedule. It's also possible that she was concerned about the potable water on the ship being contaminated after the power went out, which is actually a very logical concern. When the power went out to the water plant in my town, they had to clean the lines and test several times before the water was considered safe to drink--this took several days.

 

Dehydration can lead to heart and kidney problems, including kidney failure. It can also lead to seizures. It is not something to take lightly.

 

In this case, it's quite possible that the plaintiff has a very valid cause of action that meets the legal-ease in the cruise contract. The fact that she is only asking for $75,000 makes me think she is not a gold digger but truly an injured party.

[Big_G]

You are correct.

 

My take is that it's a forum to critique the cruising experience, not other cruisers.

 

Stop...you're making too much sense. That appears to be unacceptable here. :D

[texsun49]

Stop...you're making too much sense. That appears to be unacceptable here. :D

 

Perhaps some thing to be a critic it requires them to be negative....and they don't understand a critic is a person who is giving anaylisis, reasoned opinion...etc so others can discern.

[RuthlessBoss]

Severe dehydration can cause heart damage, among other problems.

true, but this seems to be a voluntary thing. Where were her cruiser companions?

[rednecksgirl]

There was an attorney brought in on Fox 4 News in the DFW area and they asked him if they were on that cruise and wanted to sue, could they? His response was that a lot of "rights" are signed away when you pruchase a ticket, and not just on Carnival, all cruise lines do this.

 

1. You can not do a class action law suit

2. you can only sue from the state of Florida.

3. You can not sue for pain and suffering.

4. Basically the only way to have a legit law suit is sickeness or injury. 5. And they have to submit their intent to sue within 185 days and can not sue after 1 year.

 

Sounds like the person from the lawsuit knew a sickness or injury was all they could sue for.

[ilionite65]

Why should I be compassionate. If she didn't drink and stay out of the sun whose fault was that.

 

I don't have enough energy to be compassionate about all the fools in the world. That would be a 24/7 job.

 

ETA: and what is toxic about human waste. Maybe her attorney should look the word up.

 

OMG!!!!!!!!!!!!!!!!!!!!!!! ever hear of e-coli? Can be deadly to older people and to the young. Is that toxic enough for you? Just what does Carnival have to do for you carnival cheerleadres to get off that wagon? Why should you be compassionate? From the sounds of your posts I don't think you can be!

[ducklite]

true, but this seems to be a voluntary thing. Where were her cruiser companions?

 

Some people cruise alone. It's also possible that she had a child with her who wouldn't have known to seek help.

 

I don't think it's fair to "blame the victim" in this case until the facts are known. As I said, It seems that if she were trying for a big payday, she'd be asking for a lot more money.

[mibarron]

So Carnival offered clean water, and she refused? Is that what I am reading here?

 

Perhaps she's allergic to bottled water and can only drink fluids that have little paper umbrellas in them. :eek: It could happen! :p:D

[Big_G]

Perhaps some thing to be a critic it requires them to be negative....and they don't understand a critic is a person who is giving anaylisis, reasoned opinion...etc so others can discern.

 

Agree!

[songbird1329]

I think she should be compensated for her out-of-pocket medical bills and that's all. If more lawsuits ending this way I think everyone would be ok with that (well maybe not the plaintiff). ;)

 

As a matter of fact, most commercial general liability policies provide coverage for this . . .if you're injured in my store my policy will pay your medical expenses regardless of fault.

 

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[songbird1329]

If she caused the out of pocket medical bills to begin with (by refusing to drink the clean water being offered, just because it wasn't in a bottle) why should CCL compensate her for that? She made that choice, not Carnival.

 

As I said . . .it's done as a good will gesture.

 

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[songbird1329]

One symptom of dehydration is confusion. A person could be seriously dehydrated but not realize how ill they were until someone else who knows them realizes that there is something wrong with them.

 

It's possible that the woman in question has a medical condition and her doctor told her to go ahead and cruise, but only to drink bottled water--and she brought her own on, enough to last the original schedule. It's also possible that she was concerned about the potable water on the ship being contaminated after the power went out, which is actually a very logical concern. When the power went out to the water plant in my town, they had to clean the lines and test several times before the water was considered safe to drink--this took several days.

 

Dehydration can lead to heart and kidney problems, including kidney failure. It can also lead to seizures. It is not something to take lightly.

 

In this case, it's quite possible that the plaintiff has a very valid cause of action that meets the legal-ease in the cruise contract. The fact that she is only asking for $75,000 makes me think she is not a gold digger but truly an injured party.

 

If she were truly as ill as all that, the pleadings would have alleged exacerbation of a pre-existing condition. I haven't read the pleadings, nor did I see the interview, but I am fairly certain that if she were ill prior to sailing, her lawyer would be spinning a much more dire tale than what we have heard.

 

FYI her attorney pled damages of $75,000 to invoke the jurisdiction of the federal court. It's a procedural device, not a statement of her actual damages.

 

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[songbird1329]

"severe and permanent injuries", uh did I miss something? Which one is severe or permanent, dehydration or bruising?:confused:

 

Her attorney would be guilty of malpractice if he did not allege permanent injury. Proving it is another thing entirely.

 

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[CharmedMom]

Perhaps she's allergic to bottled water and can only drink fluids that have little paper umbrellas in them. :eek: It could happen! :p:D

 

That it a good one. LOL.

 

She was offered something to drink, she refused to drink it (as someone stated, she even admitted in an interview that she wouldn't drink anything ... this was her problem then, shouldn't be Carnival's). And regardless of whether dehydration causes health issues or not, bottom line is SHE chose to not drink anything, so SHE caused her health issues.

[songbird1329]

There was an attorney brought in on Fox 4 News in the DFW area and they asked him if they were on that cruise and wanted to sue, could they? His response was that a lot of "rights" are signed away when you pruchase a ticket, and not just on Carnival, all cruise lines do this.

 

1. You can not do a class action law suit

2. you can only sue from the state of Florida.

3. You can not sue for pain and suffering.

4. Basically the only way to have a legit law suit is sickeness or injury. 5. And they have to submit their intent to sue within 185 days and can not sue after 1 year.

 

Sounds like the person from the lawsuit knew a sickness or injury was all they could sue for.

 

Exactly. Both suits that have been filed include claims that get around the onerous provisions of Carnival's contract.

 

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[songbird1329]

That it a good one. LOL.

 

She was offered something to drink, she refused to drink it (as someone stated, she even admitted in an interview that she wouldn't drink anything ... this was her problem then, shouldn't be Carnival's). And regardless of whether dehydration causes health issues or not, bottom line is SHE chose to not drink anything, so SHE caused her health issues.

 

As I said, if I were defending this suit, the interview she gave to GMA would be part of my case.

 

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[Cindy]

Are we going to rip apart every person who files a lawsuit without knowing anything about their circumstances and personal experiences? I don't think all wrongs can be righted by suing, but in my opinion there will be passengers from the Triumph who suffered more greatly than others, and it is their right to seek compensation if that's the avenue they choose.

I will probably get slammed for this, but I wouldn't drink the tap water on a ship after an incident like this. Since the power was out, to me that means that the desalination and purification might be "questionable." I certainly can't fault anyone who was dealing with those conditions for not drinking water unless it came from a sealed bottle.

When we cruised on the Ecstasy, my husband and I both thought the tap water was undrinkable. It had a very strange taste and odor that affected the taste of everything! We could barely even drink the coffee. Our suspicion was that it was caused by aging desalination equipment, but we stuck to bottled water. I can totally understand being concerned about the water supply on the Triumph.

[Djptcp]

We knew they were coming didn't we? I hope their lawyers are well versed in Maritime Law because it's quite different, according to the news over the weekend. Emotional distress may not cut it. It was a horrible thing to happen and I certainly would have been most unhappy with the turn of events, but things happen. My compassion goes out the window for people who can't try to make the best of a bad situation and all they think about is entitlement. You should watch the video on YouTube that a guy posted here on the Carnival message board yesterday or the day before. He said people for the most part really tried to come together and that the crew and musicians were terrific.

[ShanZro]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

[songbird1329]

We knew they were coming didn't we? I hope their lawyers are well versed in Maritime Law because it's quite different, according to the news over the weekend. Emotional distress may not cut it. It was a horrible thing to happen and I certainly would have been most unhappy with the turn of events, but things happen. My compassion goes out the window for people who can't try to make the best of a bad situation and all they think about is entitlement. You should watch the video on YouTube that a guy posted here on the Carnival message board yesterday or the day before. He said people for the most part really tried to come together and that the crew and musicians were terrific.

 

The lawyer who filed the first suit is, indeed, a maritime attorney. Even if I hadn't looked him up, I read the pleadings filed in court, and he invoked the federal court's admiralty jurisdiction.

 

The second suit invokes the court's diversity jurisdiction, so I don't know if the attorney knows maritime law.

 

My guess is that the court will consolidate the suits, at least for discovery purposes.

 

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[luv cruising 007]

It wont be long before we start seeing commercials from those lawyers.

 

*Did you or a loved one take a trip on the Carnival Triumph?*

*Did you or a loved one have to poop in a red bag?*

*Did you or a loved one have to eat a onion sandwich?*

*Did you or a loved one lose your enjoyment for life*

 

If you answered yes to any of these questions you may be entitled to compensation. Call the law offices of *I didn't read my contract before cruising* today!

 

HAHAHAHAHAHAHAHA!!! Post of the day! almost spit my coffee on my keyboard! Thanx for the laugh