Carnival Corp. sued due to luggage falling on passenger

[BuckeyeCruiseGuy]

The real question is:

 

Where (in what city / country) must be this law suit be filed?

 

Check the cruise contract.

From the cruise contract

 

 

https://www.carnival.com/about-carnival/legal-notice/ticket-contract.aspx

 

It is agreed by Guest and CARNIVAL that all disputes between Guest and CARNIVAL arising under or in connection with a vacation package shall be litigated, if at all, in and before the United States District Court for the Southern District of Florida in Miami-Dade County, Florida, U.S.A., to the exclusion of the courts of any other state or county.

Edited November 6, 2016 by BuckeyeCruiseGuy

[elainmir]

Wow...people are so sue happy...the next time I trip over my own two feet I'm suing myself...:rolleyes:

[riclop]

Wow how stupid people can be.

[SadieN]

If a person years ago sues Micky Ds because the coffee that she spilled on her self was to hot, than this person who places her own luggage on the ground and it happens to tip and falls on her will win this case.

 

 

Coffee was at 250F (38 degrees hotter than boiling). McD's knew it was too hot. She only wanted medical covered. Third degree burns, her female parts melted together. Courts punished the corporation.

 

For the luggage issue, there's lots of info missing. Where was the injured party? Where was the luggage? Porter?Steward?Hallway?Elevator bank?

Edited November 7, 2016 by SadieN

[chengkp75]

Coffee was at 250F (38 degrees hotter than boiling). McD's knew it was too hot. She only wanted medical covered. Third degree burns, her female parts melted together. Courts punished the corporation.

 

For the luggage issue, there's lots of info missing. Where was the injured party? Where was the luggage? Porter?Steward?Hallway?Elevator bank?

 

Let's debunk some of the myth around the infamous coffee case. First off, no one knows what temperature the coffee was that burned the plaintiff, since no evidence was taken at the time. Second, the lawsuit was based on McDonald's requirement that franchises maintain coffee at 180-190*F, while plaintiff's attorneys claimed that coffee should never be served above 140*F. Both defendant and plaintiff stipulated that the coffee was below boiling.

 

Now, as to coffee being 250*F, I'm not sure that is physically possible. While the solutes in coffee will raise the boiling point of the liquid, it would be 1-2*F at most. And, while it is possible to superheat water, or coffee, in special circumstances, any rapid motion of the liquid like pouring into the cup, or the presence of air in the creases or paper fibers of the cup would instantly cause the liquid to froth and boil over violently. This did not happen in this case, the cup was upended, it did not boil over.

 

Not saying the woman did not suffer, and not saying that McDonald's didn't know the risk of keeping coffee that hot (even though her own lawyers admit that optimum brewing temperature is 190*F, so a fresh pot could very well be that temperature from any establishment), just want to make sure the facts are presented.

[Aquahound]

It doesn't surprise me, after all the complaining I heard this week about the cruise ship rocking too much and someone should do something about it! I've come to the conclusion people are just not that bright overall lol

 

Many years ago, a very wise person told me that 1 in 4 people are stupid. In Miami, I think that number might be a little higher but regardless, it's a statement that I continually find to be true.

Edited November 7, 2016 by Aquahound

[Aquahound]

I never presume that since it is Carnival that it WILL be Florida. While based here it is NOT a USA cruise line.

 

Carnival is headquartered in Miami, therefore venue for civil cases against Carnival is set in the Southern District of Florida. Same goes for Royal Caribbean.

[fireofficer5]

Too many keyboard lawyers here.

[sfaaa]

She wants a free cruise and is going for it. Can anyone blame her for trying?

[DebJ14]

She wants a free cruise and is going for it. Can anyone blame her for trying?

 

Yes, I blame her for trying. It is what is wrong with this country. No one takes personal responsibility anymore. This litigious society raises the cost of everything for all of us.

 

Carnival should request costs when they win this one!

Edited November 7, 2016 by DebJ14