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Well this could cut back on a lot of frivolous claims


MrJoeBlack
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While he might be an ambulance chaser, it doesn't mean he does not have a valid point about the change in venue for American passengers.

 

Playing Devils Advocate here......

Stop and ask yourself; if something happened to you or a loved one out of cruise line negligence; that caused an injury requiring lifelong treatment, do you think you would receive a fair trial in the Bahamas? Do you even have the money to go there and stay for the duration of the trial?

 

I'm not staying you have to use this guy as your attorney or even like him. But, I sure as heck get that what he's squawking about in this piece is a concern; even though his reputation may be that of an ambulance chaser (according to the previous posts).

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If you or your loved one needs to bring a LEGITIMATE action against a cruise line, you do not want to litigate the claim in a former-colonial, Caribbean island nation. Your blind pursuit to winnow out frivolous claims will operate to prejudice legitimate claims.

 

Let me put it another way ... what if your health insurer changed your policy and now required you to have all surgeries in the Bahamas rather than in Miami or Seattle?

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I am a retired attorney and while I did not practice personal injury law for most of my career, can say that from what I have read in the legal periodicals arbitration is a means of reducing the exposure to claims.

 

Far better to have a jury to present your case. I have been on 13 cruises as well as four river cruises and never seen anyone seriously injured. I suppose it happens, but if you travel to foreign countries, you will find personal injury claims in local courts are not treated like they are in US courts.

 

I lived in Germany for four years and knew of some cases involving personal injury due to negligence of a local. The injured party received far less than what they would have received in a US court. The philosophy is on damages is not the same as in the US.

 

One person that I know was injured said his German lawyer told him that in Germany if you are injured so that you can't do some things anymore, for example play golf, the idea there is that is your brain was not injured, then you could instead play chess.

Most countries in the World don't have the jury system and that cuts down on awards as well.

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Can we please ban the linking to this freaking site?! This guy is widely regarded as the ambulance chaser of the cruise industry....

 

 

 

6&8

 

 

Why would we ban it? Is it because you don't agree with it? Tell us more things you don't agree with so we can simply slap sanctions on those as well arbitrarily

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While I would not want to have to plead a serious case before an arbitrator in the Bahamas - where a cruise line is likely to receive more favor than an individual, it does make sense for the lines to try to avoid the US's awful liability system - where ambulance chasers can file all sorts of absurd claims with virtually no down side. It would be better to still have cases heard in th US, but under the system used in some European countries where the plaintiff, if unsuccessful, can be required to pay the defendant's costs of defense. This would make people (including ambulance chasers) think twice. Our system which allows the contingency fee approach makes liability litigation such a bonanza for the sleazier side of the bar.

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While he might be an ambulance chaser, it doesn't mean he does not have a valid point...

If this fellow has ever had a valid point in his ramblings, I've yet to find it. In my opinion, much of the so-called "information" he posts is severely biased and often mis-stated (in other words, I believe he prevaricates).

 

Notice how carefully I've worded my opinions; he IS an attorney, after all...

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If you or your loved one needs to bring a LEGITIMATE action against a cruise line, you do not want to litigate the claim in a former-colonial, Caribbean island nation. Your blind pursuit to winnow out frivolous claims will operate to prejudice legitimate claims.

 

Let me put it another way ... what if your health insurer changed your policy and now required you to have all surgeries in the Bahamas rather than in Miami or Seattle?

 

Change insurers.:D

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The legal system particularly lawyers shot themselves in the foot with all the frivolous claims. If the ship is flagged in the Bahamas it does make sense to have anything tried there too. Maybe we should pressure the cruise lines to get flagged in the USA but nobody wants to see the fares increase when the cruise line has to pay US taxes. Cruise lines are really big time tax evaders.

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