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MSC Deny that my sister was ill onboard Meraviglia and other issues!


mdj101
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For those not from the UK, no-win-no-fee legal action against package holiday providers for alleged food poisoning is the latest trend for ambulance chasing lawyers (also known as claims management companies) in the UK. This is based on a combination of high potential legal fees relative to the claim value (which allow lawyers to spend a significant portion on marketing) as well as a low burden of proof for claims related to all-inclusive package holidays. The Government has promised to make changes this year - likely along the same lines as they have done for whiplash & personal accident injuries where a combination of fixed payments, medical report requirements and simplified claims process (with no legal fees claimable) for small claims has reduced overall costs significantly (good news for everyone except the claims management companies).

 

http://www.dailymail.co.uk/news/article-5828983/Wedding-guest-claimed-food-Mexico-resort-sick-ordered-pay-travel-firm-10-000.html

 

However on a cruise, for a claim to be successful the claimant needs to prove 'fault or lack of care' by the cruise line. This is different from the requirements for package holidays (just that the purchased services could not be provided due to sickness), and I guess more difficult to prove. I also assume this may be why I don't get claims management firm adverts offering no-win no-fee claims on cruise-critic like I do on sometimes tripadvisor (who also own cruisecritic).

 

Here is a link to a more reputable lawyer, with further information:

https://www.bottonline.co.uk/holiday-claims/guides/holiday-sickness

 

To the OP, I'd be interested to know the outcome. Sorry you didn't enjoy your holiday - MSC seems to have a polarising effect on english speaking people, Meraviglia especially.

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I fail to see how OP has a tort. He did not become ill.

 

OP - did your sister save a stool sample and have it independently analyzed by a lab to prove strain of bacterium? And also save a sample of the alleged contaminated food for comparisons? Otherwise YOUR SISTER is unlikely to prove food poisoning.

 

Just what are you hoping to get out of this?

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I also agree that this could be a potential allergy. I’m in my 30’s and have eaten various seafood, including shellfish my entire life. Within the last two years I noticed that whenever I ate crab or shrimp, about 2-3 days later I would get violently ill and feel so out of it. That would last for a 1-3 days. Finally I got the courage to see a specialist...confirmed allergies. Since I love seafood so much, I cope with Benadryl which is working, for now.

 

 

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