And now here's the Class Action Lawsuit

[songbird1329]

The two individual suits that have been filed allege that the plaintiffs sustained personal injuries. Whether you believe them or not, they've set forth a valid claim in their pleadings.

 

I'm much more skeptical about the survival of the class action suit. 3,000 people were subjected to uncomfortable, unpleasant conditions that the rest of us wouldn't want to endure, but 3,000 people walked away from that ship without serious injury.

[~cruisin~]

:eek:Oh, give me a break! They did everything they could to keep pasengers safe! It worked..... the end!

[TerReuv]

Does anyone know the answer to this.... If someone files a lawsuit or becomes part of the class action - do they lose what Carnival has offered them already? It would seem to me that if you are not happy with what Carnival offered then you should have to forfeit that before you can file a suit or become part of one. That would be only fair. So, those that file these frivolous lawsuits lose everything there were offered and win.... NOTHING! That would be the best.

 

Didn't the USCG ultimately make the decision that it was better to tow to Mobile insteadof Progresso? Or did they at least make the recommendation? Why not file suit against them?

[RRLLAL]

Didn't the USCG ultimately make the decision that it was better to tow to Mobile insteadof Progresso? Or did they at least make the recommendation? Why not file suit against them?

 

I doubt the CG made the decision but they certainly concurred with it. A CG rep was interviewed on TV the day the decision was made and said while Progresso may have been a little closer it would take longer to get to due to the currents and winds. Plus he said that the logistics and time to get folks home to their ultimate destinations would br easier from Mobile than Progresso.

 

Sent using my Commodore 64

[gelo7]

We all knew that this was coming.

[EddieCruzer]

Does anyone know the answer to this.... If someone files a lawsuit or becomes part of the class action - do they lose what Carnival has offered them already? It would seem to me that if you are not happy with what Carnival offered then you should have to forfeit that before you can file a suit or become part of one. That would be only fair. So, those that file these frivolous lawsuits lose everything there were offered and win.... NOTHING! That would be the best.

 

Didn't the USCG ultimately make the decision that it was better to tow to Mobile insteadof Progresso? Or did they at least make the recommendation? Why not file suit against them?

 

I was wondering the same thing. Does anyone know the answer? Hopefully these folks claiming 'loss of enjoyment of life' will now be responsible for paying for their entire cruise, no free cruise and loss of the $500.

I'm sure if they had been towed to Mexico, there would be issues with that also. I would prefer to be towed back to the US, even if it were a bit longer.

 

If the corridors were filled with urine and feces why do we see folks in flip flops in every photo? I sure wouldn't be wading around in flip flops if that were the case. :eek: And if the only shoes you bring on a trip are flip flops, you are an idiot.

 

3000+ people on a cruise and all we get are the same couple of pictures over and over. Something seems wrong. If it were truly that bad, there would be a lot more photos.

 

Accidents happen, Carnival did not do this deliberately. Some of these 'delicate flowers' need to buck up and get real. This entitlement mentality is sending the country right down the tubes. :(

[Mizzouaholic]

What a crook

[cod]

I don't know what these people are thinking..I guess visions of 'big bucks' are dancing in their heads. I think they will be sorely disappointed.

 

I image they will be refunded for this cruise no matter what but surely a future cruise credit and the $500 would require a 'this is it' signature. I would be perfectly happy with this offer. Then I would take one last cruise on a Carnival ship and use that $500 to upgrade to a balcony!

 

(No flaming please...JMHO)

[kelly11]

If they would have towed the ship to Progresso this lawyer probably would have filed that they towed to a "hostile foreign country knowing that most on board did not have a passport creating undue hardships for the passengers in getting home safely and quickly" :rolleyes:

This lawsuit was going to happen no matter what.

[RuthlessBoss]

I'd love to see any stats on the amount of money any participant in a class action suit gets vs the monies the lawyers bill for years of litigation. Once I responded to a class action postcard just to see where it would go. Forgot all about it and got a check for $2.50 a couple years later.

 

Firms like this disgust me.

We got more than you, we got $4.50 on one:D

[trvlqueen]

If they cash the checks CCL sends them, they probably void any and all right to future lawsuits ... that said, I did see quite a few people on the CNN broadcast saying "we don't want their help to get home - we're doing it on their own'. Wouldn't surprise me a bit if those were the ones who sued. probably had already been on the phone with lawyers before they disembarked and knew not to take anything.

 

That said - come ON! yes, it was unpleasant, but I don't sue the campground when the wind knocks down my tent. It's a calculated risk I take when I go camping. Just as missed ports, equipment failure, and nasty "gimmee" people are calculated risks that can "spoil" your vacation (some only if you allow them to) when you cruise. I hate to sound unsympathetic, but this wasn't the Titanic ... and life is what you make it. Some came off saying it was inconvenient but that they made great friends and got closer to their travel companions. others apparently had their lives ruined. Sounds a little like an average cruise to me from that perspective.

[songbird1329]

Interesting question about the compensation.

 

I don't know the details, but I do know that the passengers were not asked to sign anything in order to receive the compensation offered by Carnival. so it's not a "settlement" of their claims. Accepting a "settlement" and signing a release would bar their participation in the class action suit.

 

One media outlet reported that the first person to file suit "refused" Carnival's compensation offer. I don't know if that means she didn't actually receive the compensation, or if that's posturing because she thinks she's entitled to more.

 

Another question I'd consider -- if these suits are successful, can Carnival argue that the compensation paid out to the passengers is an offset to any damage award?

[texsun49]

I now have had one first hand account from a couple that where on the Triumph, and second hand from my wife who had a co-worker on Triumph that returned to work yesterday. Both accounts confirmed what we had heard about....such as the awful smell and lines for food. But they said there was plenty to eat, and getting water was not a problem. Neither were interested in suing, and said as unpleasant as it was, they felt all that could be done under the circumstances was done. Both accounts ended with they felt the compensation was more than fair and are already planning next cruise.

 

Since none of us know the circumstances of what caused the fire, I suppose a suit will possibly answer some questions... my opinion is unless find that CCL knew there was a likelyhood of a fire and continued to run the ship, or CCL is neglegent in their maintanence practices there really is no case.

[songbird1329]

If they cash the checks CCL sends them, they probably void any and all right to future lawsuits ...

 

 

Possibly, but I'm not sure. they weren't asked to sign releases, to my knowledge.

[babyher]

We got more than you, we got $4.50 on one:D

 

 

 

You are both lucky, I never got a dime :( *LOL*

[RuthlessBoss]

I was wondering the same thing. Does anyone know the answer? Hopefully these folks claiming 'loss of enjoyment of life' will now be responsible for paying for their entire cruise, no free cruise and loss of the $500.

I'm sure if they had been towed to Mexico, there would be issues with that also. I would prefer to be towed back to the US, even if it were a bit longer.

 

If the corridors were filled with urine and feces why do we see folks in flip flops in every photo? I sure wouldn't be wading around in flip flops if that were the case. :eek: And if the only shoes you bring on a trip are flip flops, you are an idiot.

 

3000+ people on a cruise and all we get are the same couple of pictures over and over. Something seems wrong. If it were truly that bad, there would be a lot more photos.

 

Accidents happen, Carnival did not do this deliberately. Some of these 'delicate flowers' need to buck up and get real. This entitlement mentality is sending the country right down the tubes. :(

The waste was not all over the ship, so why did they "wade" thru it? There were photos of mattresses all over the ship, both inside and out. They were not laying in waste, nor walking thru it.

[texsun49]

The waste was not all over the ship, so why did they "wade" thru it? There were photos of mattresses all over the ship, both inside and out. They were not laying in waste, nor walking thru it.

 

My wifes co-worker had an inside cabin, and said only time he encountered waste was whenever he went to his cabin. He said the carpets where squishy and wet. But whole ship was not covered in sludge. But the they moved mattresses to areas that were dry, so there were not sleeping in sewage.

[cheewiee]

My wifes co-worker had an inside cabin, and said only time he encountered waste was whenever he went to his cabin. He said the carpets where squishy and wet. But whole ship was not covered in sludge. But the they moved mattresses to areas that were dry, so there were not sleeping in sewage.

 

 

 

If his cabin had waste in it, it sounds like he was one of the people who continued to use the toilet, instead of the shower/redbag combo...

[Crusing Nut]

Did this lawyer forget that almost a third of the passengers were traveling without the benefit of a passport. If they had been towed to Progresso Mexico instead of a US port, what was to heappen to those passengers? Just leave them in Mexico? :rolleyes:

[Crusing Nut]

My wifes co-worker had an inside cabin, and said only time he encountered waste was whenever he went to his cabin. He said the carpets where squishy and wet. But whole ship was not covered in sludge. But the they moved mattresses to areas that were dry, so there were not sleeping in sewage.

 

 

How did he go back to his cabin? Aren't the doors operated by electric when the sail and sign card is inserted? If he was at the front of the ship, isn't that where the working toilets were located? I am confused.

[RazorbackBelle08]

I notice it's the same attorney who's been on every possible News Talk Show he could be on over the past week.

 

Apart from the shipboard conditions caused by the cruise ship fire, Lipcon also points out that Carnival’s decision to tow the Triumph to Mobile, instead of the closer port of Progreso, Mexico, caused passengers to endure more time onboard the disabled vessel than was necessary, prolonging their exposure to disease, accidents and trauma.

 

If the basis of his claim for the lawsuit is that Carnival should have towed the ship to Progresso because it would have taken less time, then I would like to see all the people who are experts in ocean currents, sea towing and the like tear him to shreds in court.

 

I don't have disdain for all attorneys but this guy is an ambulance chaser at his finest.

 

This.

 

I bet this'll be summarily dismissed thanks to the contract the passengers agreed to as noted above. Maybe this incident will teach people to read the fine print; we have tons of clients at our firm who don't read contracts, sign them, then get all pissed off later on when they're forced to adhere to the contract they signed without reading it. *facepalm*

[beachbum53]

I wonder if any passengers from the Triumph that are contemplating agreeing to the class-action lawsuit are aware that, IF the lawsuit goes through and IF the court finds in favor of the plaintiffs, the only ones to reap the benefits will be the law firm that files the suit, and that the passengers will be left holding little more than a red bag full of poo?

[texsun49]

If his cabin had waste in it, it sounds like he was one of the people who continued to use the toilet, instead of the shower/redbag combo...

 

Sorry, I didnt carify... he said it was the carpet in the hall leading to his cabin...and he said they speculated that people continuing to use the toilets once asked not to was a problem.

[Marla07860]

:eek:Oh, give me a break! They did everything they could to keep pasengers safe! It worked..... the end!

 

They did? What about the water on the ground you see if some pictures, that doesn't seem safe at all. Not blame crew on the ship, heard they were great maybe land base can do a little more. I know when Heat win a ring again this year send Wade, Bosh, and Lebron on the worst carnival ship and hope it breaks down so they learn how it's like

[dwjoe]

... my opinion is unless find that CCL knew there was a likelyhood of a fire and continued to run the ship, or CCL is neglegent in their maintanence practices there really is no case.

Yes I agree.

 

With possible exception of anyone who suffered actual physical injury onboard, but so far I have heard no serious injuries reported.