Lawsuit Filed By Family of Mariner Overboard

[SherriZ366]

I feel if anyone is going to be sued, it should be the kids friends who allowed him to get drunk by smuggling alcohol into the cabin. They videotaped the whole thing.

 

It is unfortunate that the young man died, but it was his own lack of responsibility that it happened. Isn't it strange that now that the two other kids fell/jumped and survived, the parents are using that as part of their lawsuit. Geez, what if they hadn't survived, would the parents not had that to use as ammunition so there wouldn't have been a suit?

 

This kind of reminds me of the guy who got into a fight on a cruise to Bermuda. He broke someone's nose and was put in jail. His father went to Bermuda and raised hell because his son was put in jail. Again, no responsibility for his own actions.

 

It seems to me we have an epidemic of that going on. As mentioned, poor Paris, everything happens to her and with a mother like she has, it's no wonder she feels no responsibility.

 

If you want to be treated as an adult, accept responsibility for your actions. You did it, you pay the consequences.

 

Off my soapbox--at least for now.

 

Katie

I totally agree. He needed to be responsible for his own actions. Especially as he and his friends smuggled so much alcohol in mouth wash bottles etc. and drank all afternoon (this is one of the reasons why our bags are being checked so thoroughly for alcohol and containers that look like they are filled with another substance). If the family wins this law suit, future cruisers will possibly have to pay more or have restrictions placed on us.

 

Please don't flame me if my memory is a bit faulty but I think I remember his family threatening to sue last year after the incident and backing down after they saw the ship's videotapes and the videotapes of he and his friends drinking.

[SherriZ366]

I totally agree. He needed to be responsible for his own actions. Especially as he and his friends smuggled so much alcohol in mouth wash bottles etc. and drank all afternoon (this is one of the reasons why our bags are being checked so thoroughly for alcohol and containers that look like they are filled with another substance). If the family wins this law suit, future cruisers will possibly have to pay more or have restrictions placed on us.

 

Please don't flame me if my memory is a bit faulty but I think I remember his family threatening to sue last year after the incident and backing down after they saw the ship's videotapes and the videotapes of he and his friends drinking.

 

This is the article that I was referring to after the incident. I interpreted it as if the family had backed off from a lawsuit: http://www.vindy.com/content/local_regional/290038627326470.php The family is active in the International Cruise Victims Association, founded by George Smith's sister and the father of Merrien Carver who went missing from a Celebrity cruise in Alaska. I think the mother may have testified at the latest Congressional hearing a few months ago.

[Iamthesea]

they never found the body.....what funeral?

A funeral can be held, with or without a body. It's called a Memorial Service and can still be very costly! ;)

 

I too am against lawsuits of this nature, but I do feel sorry for this family. We can all warn our young adults against this type of thing, but they will not listen. I know from experience! :o

 

The suit says the cruise line didn't warn him that it was dangerous to be on an exterior deck near the railing at night while the ship was at sea.

There was no deck watch and no precautions taken to prevent passengers from falling overboard, and no procedure in place to timely detect and respond to such an accident, the suit says.

I hope this incident doesn't cause the cruiselines to start shutting down the decks at night. This is one of my favorite pastimes...walking the deck after dinner.

 

However, I do think that perhaps the cruiselines should send a couple of crew members out in the late evening/early morning hours (perhaps from 2:00 am and on) and wake anyone that is asleep or passed out and ask them to go back to their staterooms. It wouldn't take 10 minutes to scan the upper decks and see that individuals leave the area.

[mamacat3]

Losing a loved one is devastating no matter what the circumstance so I do feel for the family. However, as has been said , what has happened to personal responsibility!:confused:

[mamacat3]

Losing a loved one is devastating no matter what the circumstance so I do feel for the family. However, as has been said , what has happened to personal responsibility!:confused:

[mamacat3]

Losing a loved one is devastating no matter what the circumstance so I do feel for the family. However, as has been said , what has happened to personal responsibility!:confused:

[mamacat3]

Sorry about the triple post! Nothing was moving and then three!!

[bambam2972]

With all due respect to the gentleman's family, where does personal responsibility come in? Is is McDonalds' fault that I ate too many cheeseburgers and am now overweight? Is it RCI's fault that this passsenger had too much too drink? These ships have thousands of passengers and it would be impossible to monitor everyone!

 

That being said, I am sure that the family is just devastated. It is terrible to lose a child, especially to something so senseless. I just think that there is a degree of personal responsibility that is being overlooked here.

 

(cringing.....waiting for the flames to consume me!):(

 

Nope, no flames from me. I totally agree!

 

I'm going on the Mariner in 10 days (woo hoo), and my mom keeps telling me "now remember, you don't have to get drunk all the time". Duh! I want to remember my vacation!

 

Maybe he just didn't know his limit and had terrible friends who didn't look out for him. I know one night I was at a party at my sisters and had 4 appletinis in a row (it was my 21st bday!) I felt great, but half way through that 4th... whoa! I NEVER want to feel like that again! Luckily my boyfriend was there and said "you had enough" and drove me home. Though had he not been there, my sister would have taken it away and I would have stayed the night.

 

I feel for his family, but... this lawsuit is stupid. Why do we find it necessary to sue others for our idiotic mistakes?

[zqvol]

You've got to be kidding. This is copied from a line on the link:

 

The suit says crew members never intervened to make sure DiPiero made it safely back to his cabin.

 

After someone had 5 drinks in 4 hours????? Before you know it there will be a crew member as a babysitter for every passenger.

 

I feel for the family that lost their loved one, but I am so tired of stupid lawsuits. $15,000 is what they are looking for.......sounds like what funeral arrangements cost.

Just a point of clarification and enlightenment.

 

The $15,000 is not necessarily what they are looking for as a recovery. It is a jurisdictional limit that the attorneys use to get into a certain court. If you read the actual lawsuit it will say something like"in an amount not less than $15,000."

[Apoggi]

I, too, feel for the family but come on now the 21 yo has to have better sense than to drink and climb on a balcony. This is why it takes so long to bring a true felon to court - frivalous law suits. He smuggled alcohol on board, drank all day and they blame RC. Come on now, blame the friends he was with not RC. RC is not the babysitter here, it is the people you are with.

Throw this lawsuit out of court.

[Marley-Bop]

Predictable... Perhaps the cruise line should sue for giving cruising a bad name XX

 

Chubbas

[Janet524]

I got a hangnail when I sailed on the Brilliance in January....Can I sue?:rolleyes:

[donaldsc]

"His body has not been found. The Coast Guard, which began searching for him Tuesday morning, called off the search at 2:45 p.m. Wednesday.

 

A Coast Guard spokesman said the Guard searched more than 900 miles by water and air. "

 

The Coast Guard should bill and sue the family for the cost of the search.

 

DON

[wernew2cruising]

I was on that cruise...

 

This "childs" actions severely cramped my vacation!

 

Not only were we stuck in St. Thomas until late at night because the FBI and family was on the ship, but I had to deal with the emotional tug of war of deciding weather I should be upset because someone lost their life OR I should be selfish and continue on as if nothing happened becasue, after all, this was my vacation that I paid thousands of dollars for...!

 

It was quite a dicotomy (sp!) to be in the middle of.

 

Whom do I sue for the emotional distress? The family of the child who drank himself into a stupor that lead to his death? RCCL for serving him?

 

The FAMILY!!! Maybe if enough people do this then the frivolous suits will stop. His stupidity RUINED or severly hampered approx 3000 vacations. I still do NOT understand how you "fall over a railing". Can someone please explain that one? I have been on 2 cruises and this last one, i was leaning way, way over my balcony trying to take a picture and never once did I feel like I was going to topple over the side...it would have been IMPOSSIBLE.

[FlyingPhotog]

If clumsy drunks don't stop falling over railings, they're going to put "jail bars" from floor to ceiling so nobody will fit between them. :eek:

[SherriZ366]

The FAMILY!!! Maybe if enough people do this then the frivolous suits will stop. His stupidity RUINED or severly hampered approx 3000 vacations. I still do NOT understand how you "fall over a railing". Can someone please explain that one? I have been on 2 cruises and this last one, i was leaning way, way over my balcony trying to take a picture and never once did I feel like I was going to topple over the side...it would have been IMPOSSIBLE.

Speculation is that he climbed up a rung or two to vomit.

 

RCIcruiser -- agree the family is in with bad company -- especially Bree Smith -- she is pretty high strung!!!

[sas80]

Speculation is that he climbed up a rung or two to vomit.

 

RCIcruiser -- agree the family is in with bad company -- especially Bree Smith -- she is pretty high strung!!!

 

Okay, this is so hearsay but....

We were in the rental car shuttle with a couple. This couple had some dinner table mates, one of whom was questioned by the FBI becausde she mentioned that she had seen Daniel DiPiero sleeping on the deck the previous night.

 

They (dont know exactly who they are) showed this woman the tape they have of Daniel falling overboard. The woman said that he climbed a rung of the railing and looked as if he was puking over the side of the ship. Then , all of a sudden, it looked like he "slumped over" (passed out?) and then he fell overboard.

 

The dinner companiopn was quite miffed because she was questioned for a considerable amount of time and, as a result, unable to go into St. Thomas. And all she "knew" was that she had seen the boy sleeping on the deck!

[Iamthesea]

Speculation is that he climbed up a rung or two to vomit.

 

RCIcruiser -- agree the family is in with bad company -- especially Bree Smith -- she is pretty high strung!!!

And wasn't it a little rough out? I thought I remembered reading that the video showed him step up on the rungs and leaning over to vomit and that the ship may have list a tad during the wind. It was said that perhaps he was asleep, woke up suddenly with an urge to vomit and was disoriented (balance off, etc.) I don't buy that he survived the fall and suffered. I think (hope and pray) that the poor kid never knew what happened and probably broke his neck on the way down or when hitting the water. :(

 

Does the Coast Guard charge for services?

[Inshape]

As tragic a death is, this was senseless and totally of the victims choice. RCI should not be held accountable at all.

[Cuizer2]

i may get flack for this opinion but.....................i do not feel that if someone gets drunk or takes drugs and goes overboard and dies that they should be able to sue rci for actions they took causing their own demise-

 

With all due respect, it is not the guy who got drunk, fell overboard and died that is suing.

[cruisecrasy]

Okay, this is so hearsay but....

We were in the rental car shuttle with a couple. This couple had some dinner table mates, one of whom was questioned by the FBI becausde she mentioned that she had seen Daniel DiPiero sleeping on the deck the previous night.

 

They (dont know exactly who they are) showed this woman the tape they have of Daniel falling overboard. The woman said that he climbed a rung of the railing and looked as if he was puking over the side of the ship. Then , all of a sudden, it looked like he "slumped over" (passed out?) and then he fell overboard.

 

The dinner companiopn was quite miffed because she was questioned for a considerable amount of time and, as a result, unable to go into St. Thomas. And all she "knew" was that she had seen the boy sleeping on the deck!

 

I for 1, am sick & tired of other peoples stupid, careless, thoughtless behavior inconveniencing never mind costing numerous other people.. U commit the 'crime' u (not I) should do the 'time'!!

 

At a minimum that person or his family sld be 'debtors' unless the rescue debts are paid...or perhaps better - Each cruiser shld have 'rescue' insurance -- that wld solve the problem just make the premiums high enough to get the 'nuts' attention..and give a nice rebate to those who do not use it...

I mean - medical emergencies which are not of your own making usually, u have to pay for...!! Why shld the cruiselines - rescue organizations etc (usually funded by taxpayers = u & me) have to pay for the 'dummies'???

Wld someone please tell me!!!

 

So many folks know all about their 'rights' but not their 'responsibilities' - guess 'right' is easier to understand than a longer word like 'responsibility!!

 

Sad that society has deteriorated so much we no longer expect & demand decent behavior & instead 'coddle' these types from the cradle to the grave (and when families sue which is the height of 'arrogance') even beyond ..

 

There must some benefits for it all to continue - u think??

 

Enough already!!

[Cuizer2]

Does the Coast Guard charge for services?

 

Yes. Next pay check take a look at the number next to federal taxes.

[Cuizer2]

I still do NOT understand how you "fall over a railing". Can someone please explain that one?

 

No problem. Think of the railing like the pivot point of a sea-saw. If you lean over the railing, some weight will be on the ship's side of the railing and some weight will be on the sea's side of the railing. Now, what you need to do is to put more and more of your weight on the sea side of the railing. When the amount of your weight on the sea side of the railing exceeds the amount of your weight on the ship's side of the railing, over you will go (unless you cheat and have someone holding your feet or something).

[Lightsluvr]

You've got to be kidding. This is copied from a line on the link:

.

 

I feel for the family that lost their loved one, but I am so tired of stupid lawsuits. $15,000 is what they are looking for.......sounds like what funeral arrangements cost.

 

The way it works is that the plaintiff lawyer puts that little line in the complaint to assure that his suit meets the minimum jurisdiction of the court. It doesn't mean that is what they are looking for...rather it means they think their suit is worth more than $15,000. (Much more, probably) Whether they get anything is a jury question, unless RCI chooses to settle, which I suspect what the plaintiff attorney is "banking" on. :rolleyes:

 

LL

[Lightsluvr]

With all due respect, it is not the guy who got drunk, fell overboard and died that is suing.

 

Technically you are right, but the suit is brought by the estate for "wrongful death" which means they seek to recover for the loss of Bozo's life. So in one sense it is Bozo who is suing...He just won't be here to spend the booty.

 

LL