​ 😱 ​Anyone heard of the 1920 ‘Death on the High Seas Act’?

[livingonthebeach]

Not to be morbid but I had no idea this law even existed...  

 

"If a ruling Monday by a Los Angeles federal judge is followed by others, it could offer the cruise line something of a safe harbor under the Death on the High Seas Act. The century-old federal law limits payouts for survivors to “pecuniary” damages such as how much the deceased contributed through wages or housework. One maritime lawyer said that in the case of retirees, who make up a large portion of Carnival’s customers, the recovery may amount to little more than burial costs.

 

The ruling comes as Carnival and other major cruise lines including Royal Caribbean Cruises Ltd. are seeking a nod from the U.S. Centers for Disease Control and Prevention to return to sailing after the CDC’s “no sail” order expires at the end of the month. The industry, one of the most heavily battered by the virus, is putting in place new rules to entice vacationers back onto its boats, announcing through a trade group this week that it will require Covid-19 tests for guests and crew. Masks will be mandatory whenever social distancing isn’t possible.

 

 https://www.insurancejournal.com/news/national/2020/09/23/583823.htm

[twangster]

My only surprise is that the link doesn't go to or involve JW.  

 

I imagine businesses around the country including airlines face concerns about litigation involving the pandemic.  Visitors to political events have been required to agree they won't pursue litigation if they are impacted by the pandemic and the event.  How effective that agreement would be in a courtroom remains to be seen. 

 

With over 200k deaths claimed to be caused by the pandemic in the U.S. there has to be more than just one family that desire litigation.  From the meat packing plants with outbreaks to colleges where outbreaks occurred "did they do enough?" should be a frequent question in courtrooms across the land.

 

It should be an interesting time to be involved with the legal community in the U.S.  

 

As for the Death on the High Seas Act it started as a means so families had some legal footing when otherwise there would be none at sea beyond territorial boundaries.  The shipping industry long before cruise ships didn't always have a strong culture of safety. 

 

There is another aspect to the law.  Without the act ship owners could find themselves spending time in many different courtrooms across the country.  With the act cases are heard in federal court.  Absent of the act ship owners might be forced to consider undue settlements just to avoid having to seek local attorneys who can represent them in thousands of different jurisdictions with a high degree of variability.  Many ambulance chasing lawyers would take advantage of the situation knowing it's easier for ship owners to settle the case.

 

Some would argue the act brings sanity to what many perceive to be an out of control civil litigation culture in the U.S.

Edited September 24, 2020 by twangster

[livingonthebeach]

37 minutes ago, twangster said:

My only surprise is that the link doesn't go to or involve JW.  

 

😃 JW would do away with this Act if he could.  Lots of cases filed here in Miami-Dade County where some of the cruise lines are headquartered.  

[lovescats5]

Knowing what we think we know about Covid and you choose to live your life with mask or staying at home all the time then take responsibility for your self.  If you do not want to chance getting sick stay home in your basement.  It gets really old when people do something, get sick or hurt or whatever and then blame someone else.  Guess this ties in with knowing what the risks are and you choose to cruise then do not expect $$$$$ for your decision.  JMHO

[yogimax]

24 minutes ago, lovescats5 said:

If you do not want to chance getting sick stay home in your basement. 

Sorry but doctor's making house calls is something out of the past.

 

Seniors need to visit doctors, travel on public transportation, pick up prescriptions, go shopping.

 

You are citing something that is impossible for the vast majority of people.

[voyager70]

7 minutes ago, yogimax said:

Sorry but doctor's making house calls is something out of the past.

 

Seniors need to visit doctors, travel on public transportation, pick up prescriptions, go shopping.

 

You are citing something that is impossible for the vast majority of people.

 

Agree, and really getting sick of the "stay in your basement" line.