# First lawsuit out of Pearland filed against cruise ship



## Trouthappy (Jun 12, 2008)

I suppose if your cabin was below-decks without a balcony and fresh air, your experience was worse than others. First lawsuit filed today.

http://www.cnn.com/2013/02/15/travel/cruise-lawsuit/index.html?hpt=hp_t2


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## reeltimer (Feb 5, 2010)

lmao these folks don't know what rough is.


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## MEGABITE (May 21, 2004)

BigGelvis is gonna blow a breaker when he reads this. :slimer:


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## Hooked Up (May 23, 2004)

Glad I've never been on a bote that broke down.  Some people's children!


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## Mont (Nov 17, 1998)

http://www.cnn.com/2013/02/14/travel/questions-cruise-passengers/index.html?iid=article_sidebar


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## reeltimer (Feb 5, 2010)

nothing like a lawyers fine print to ruin another lawyers day.


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## 2slick (Dec 5, 2008)

I'm a little surprised anyone filed this quickly. It is my understanding any suit has to be filed in Florida, as Carnival's main offices in the US are there. Also, to get much they must prove negligence. However, the Triumph canceled a cruise to Mexico in January due to engine problems. Be interesting to watch this play out.


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## Tortuga (May 21, 2004)

Article says Carnival is incorporated in Panama and Great Britain..flying the Bahamian flag...Gonna be a long, drawn out, expensive suit for any involved...


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## sea sick (Feb 9, 2006)

I heard on the radio that Carnival is based out of Jamaica. 2/3 of their business comes from the US. They are based out of the US so they don't have to deal with all the red tape,taxes or strict guidelines from our government. 

Also that when you sign up for a cruise you sign darn near all your rights away. I think the cruise line is doing a good job and taking a shot at making it right with the passengers.

I laugh at some of the pictures and horror stories. 1 month out in the field with a military unit and they would be begging for those horrible cruise line conditions,I know I would have... haha suck it up folks s,,t happens...


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## Bigj (Jul 22, 2007)

Here comes along lots of Sharks now getting hungry for easy pickin


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## concan (Aug 10, 2009)

*Cruise ship chaser*

This is one of the things wrong with our country. Suit happy. Looks like Carnival was trying to do all the right things to me. There is no guarantee in this world. They all lived through it. Most accidents have a much higher likelihood of injury or death. 
Certainly will not stop us from cruising.


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## BigGelvis (Nov 8, 2010)

MEGABITE said:


> BigGelvis is gonna blow a breaker when he reads this. :slimer:


LOL..............I shall not comment on this one.


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## FishBurd27 (Sep 18, 2012)

Can't stand stuff like this, what is wrong with people in my generation.. :headknock

I have never once thought about sueing anyone for anything, stuff happens, deal with it and move on. Only situation I could see my self sueing someone would be a major breach on a contract... I guess, i dont know. I dont think like that, I deal with the situation at hand.. 

Be interesting to see if anyone gets anything though, sounds like carnival is pretty prepared to cover their arse


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## donf (Aug 8, 2005)

Never let a good crisis, even a minor crisis, go to waste.
Gimme my money, I didn't have a perfect trip!
These puss/( s should have seen our deer camps thirty years ago.


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## POC Fishin' Gal (Nov 20, 2009)

I'm sorry if this is stupid.Why didn't they send another ship (even if they had to get it from another company/cruise line) out, off load everyone and be done with it? Wouldn't the savings overcome the cost in p.r.? If I'm totally missing something, please tell me.


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## Tucsonred (Jun 9, 2007)

Sea sick, I thought about that too !! I've never been in the military; however; my son's in the Army. The pictures I've seen, they would have been in "high cotton" if they'd had a mattress to sleep on and not have to worry about being shot at! 
Linda


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## Quepos1 (Jan 21, 2011)

POC Fishin' Gal said:


> I'm sorry if this is stupid.Why didn't they send another ship (even if they had to get it from another company/cruise line) out, off load everyone and be done with it? Wouldn't the savings overcome the cost in p.r.? If I'm totally missing something, please tell me.


Do you really think they would have been able to transfer 4,000 passengers of various ages and health from one ship to another in the middle of the Gulf of Mexico?


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## Blk Jck 224 (Oct 16, 2009)

*First lawsuit out of Lake Jackson filed against cruise ship*

FIFY......It was a little further down 288 than Pearland.


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## dbarham (Aug 13, 2005)

reeltimer said:


> nothing like a lawyers fine print to ruin another lawyers day.


ouch


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## mas360 (Nov 21, 2006)

reeltimer said:


> lmao these folks don't know what rough is.


Rough is not having ice in tea at dinner....


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## Trouthappy (Jun 12, 2008)

Transferring people at sea is hazardous at best. And many people, shall we say, are not exactly nimble these days. One slip, and you could end up swimming between two very heavy ships. Talk about injuries and lawsuits.


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## Hardwired (Jun 12, 2012)

I think it's hard to say what you "would" do. Depends on the situation. 
I've read or heard so many different sides of stories on conditions and what decisions were made and why. 

One thing is for sure, MOST if not ALL decisions made by Carnival were done so with bottom dollar in mind. That would mean patrons "endured" situations which were not necessary.


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## Archer (Jul 10, 2006)

POC Fishin' Gal said:


> I'm sorry if this is stupid.Why didn't they send another ship (even if they had to get it from another company/cruise line) out, off load everyone and be done with it? Wouldn't the savings overcome the cost in p.r.? If I'm totally missing something, please tell me.


Attempting a mid sea transfer with one person is a little risky, trying it with 4,000 is virtually guaranteed to end up with several injuries and probably a few deaths. Trying to do so when 1 of the vessels is adrift with no power is close to suicidal. By all accounts they did the best they could with what they had to work with and did manage to evacuate a few people with medical conditions without incident.

People today just need to get a freaking grip! The only thing guaranteed in life is that you will die at some point, everything else is an adventure to be enjoyed or endured. This garbage of suing someone every time things don't go exactly as planned is ridiculous.


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## sweenyite (Feb 22, 2009)

I have a friend who was onboard. She said it wasn't all that bad and the crew did everything possible to keep them comfortable. She said they had food and water and she is looking forward to next year's cruise. Things happen.


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## fishinguy (Aug 5, 2004)

$500 isn't going to cover all the missing time from work I'd sue them too. There is no reason for people to be losing money because the ship broke.

Are yall saying that you would take $500 for a week no pay. Not to mention is really sucked. They would have to at minimum cover my wages.


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## ceejkay (Jan 28, 2013)

fishinguy said:


> $500 isn't going to cover all the missing time from work I'd sue them too. There is no reason for people to be losing money because the ship broke.
> 
> Are yall saying that you would take $500 for a week no pay. Not to mention is really sucked. They would have to at minimum cover my wages.


now a smart feller would have taken an extra week of vacation for just in case the poop hit the fan. anytime i travel i take an extra week for anything that falls into the "life happens" category.


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## sweenyite (Feb 22, 2009)

If you are out of vacation time in February, you probably don't need to be booking cruises.


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## Haute Pursuit (Jun 26, 2006)

fishinguy said:


> $500 isn't going to cover all the missing time from work I'd sue them too. There is no reason for people to be losing money because the ship broke.
> 
> Are yall saying that you would take $500 for a week no pay. Not to mention is really sucked. They would have to at minimum cover my wages.


Your attorney's fees would be more than your wages more than likely. Doubtful if you would ever see a penny more than they are offering now. I would bet most attorney's will require a retainer on this unless they are starving to death and desperate. Expensive to sue out of country company's. The other thing is your livelihood was not their consideration ever, nor should it be. You would have paid for a cruise and you would have gotten one. They could just as easily charged you for the extra days at sea...LOL You might stand a chance with Judge Judy though!


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## JustBilling (Mar 19, 2012)

reeltimer said:


> lmao these folks don't know what rough is.


X100 I think they need to be dumped into Iraq or Afganistan for a day or two. Don't mean to be an a hole, but their are alot of young men and women in alot worse places (not by choice like the cruise customers) that afford us the luxury to sit here on the internet and discuss this issue. I am not a vet and never served in the armed forces, but I appreciate everything they do. I have alot of good friends and most of my family that has served. I think there is alot of other things people could be worrying about.


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## Boatflounder (Mar 12, 2007)

once again as someone with some experience towing ships off shoore. going north made a lot more sensse thn going south, espeecially by the time the tugs were chartered. the current definitely runs that way in the area could of maybe towed it to galveston, but then you still have a dead ship with no engine room to get to a shipyard where you can safely open the engine room. think carnival did the best they could under the circumstances i saw at least 12 busses parked at the old oputlet mall in lamarque today with carnival triumph stickers in window!


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## TexasBoy79 (Jan 5, 2009)

ceejkay said:


> now a smart feller would have taken an extra week of vacation for just in case the poop hit the fan. anytime i travel i take an extra week for anything that falls into the "life happens" category.


That's a ridiculous comment. I can understand padding your vacation by a day, maybe 2, mainly to serve as a decompression day before getting back to work, but a whole week, please. Call me crazy, but if I'm spending my hard earned dollars on a vacation with a cruise line or any other similar outfit, I wouldnt think it's out of line to expect them to stick to the schedule you've purchased. I fully understand the situation here and am not saying Carnival could have done something different, I'm simply retorting your extra week comment which is ridiculous. How many employers do you really think accept 2 week vacation? I know there are exceptions but from my experience, it's typically frowned upon unless it's a very special occasion.


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## MrOutdoors (Dec 17, 2009)

IMO Carnival=Getto Cruise... Ive been on one out of galveston in 02 it was ok. If I take another cruise it will be with a company that charges $1000 minimum per person. Im a big believer in you get what you pay for. 
If I was on that ship that would be my last cruise I think...


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## Texas Jeweler (Nov 6, 2007)

If these rules apply, those going to Astro's ball game should get refunds too.


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## C.Hern5972 (Jul 17, 2009)

It aint gonna fly....

People these days are so SUE happy


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## Bily Lovec (Sep 26, 2005)

yuuuuup


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## Tortuga (May 21, 2004)

The ship was flying under a Bahamian flag.. My understanding (read somewhere) is that this means any legal proceedings will have to take place in the Bahamas...so those folks suing might just not unpack their bags. They got another short trip in their future if they want to go to court..


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## Spirit (Nov 19, 2008)

Bily Lovec said:


> yuuuuup


lol, didn't see you had used this graphic, I used it in another ship thread.


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## FishBurd27 (Sep 18, 2012)

fishinguy said:


> $500 isn't going to cover all the missing time from work I'd sue them too. There is no reason for people to be losing money because the ship broke.
> 
> Are yall saying that you would take $500 for a week no pay. Not to mention is really sucked. They would have to at minimum cover my wages.


Sounds to me like you need a new job.. If my company doesn't understand "that kinda situation" then F'm, i'm looking for a new job with a company who actually gives a poo about me.


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## sea sick (Feb 9, 2006)

Fishingguy, if its an accident, then Id say suck it up and move on. If they left port knowing it was guna catch fire but didnt want to lose the booking then game on.

Would u sue your buddy if u went fishing in his boat and it broke down.which causes you to miss work and you lose your job. I doubt it. Its an accident and accidents happen.


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## lordbater (May 21, 2004)

The video said they use the lifeboats "as a last resort" I've been on more than one cruise where they were used as tenders..

A


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## Charlie2 (Aug 21, 2004)

*Cruise Fiasco*

The media is 'hyping' it up using words like 'tragedy', 'trauma', 'ordeal' and such, to describe this 'terrible' experience.

There was a satellite from probably every news outlet in the country sitting on the dock at Mobile waiting for the 'survivors' of this 'tragedy' to disembark.

3000+ passengers means that we will probably have to 'endure' the 'tragedy' of 3000+ 'survivor' interviews. Such an 'ordeal'. Maybe we should all sue the networks?

Bathroom in a bucket? You're breaking my heart!

One of the buses hauling the 'survivors' to New Orleans broke down. Are they going to sue the bus company?

EDIT: I posted this before going down to see the other thread. Did I mention that the lawyers probably outnumbered the news media at the dock? JMHO C2


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## SSST (Jun 9, 2011)

TexasBoy79 said:


> That's a ridiculous comment. I can understand padding your vacation by a day, maybe 2, mainly to serve as a decompression day before getting back to work, but a whole week, please. Call me crazy, but if I'm spending my hard earned dollars on a vacation with a cruise line or any other similar outfit, I wouldnt think it's out of line to expect them to stick to the schedule you've purchased. I fully understand the situation here and am not saying Carnival could have done something different, I'm simply retorting your extra week comment which is ridiculous. How many employers do you really think accept 2 week vacation? I know there are exceptions but from my experience, it's typically frowned upon unless it's a very special occasion.


Yeah, some of us only get 2-3wks of vacation, dont see the logic of taking an extra week because something could happen.


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## smokinguntoo (Mar 28, 2012)

Enlightening news story by a Seattle news station regarding your rights as a cruise ship passenger is well done. I assume Seattle did it because there are a lot of cruise ships sailing to and from Seattle and they took an interest in the Carnival Triumph news story. They took the Carnival passenger contract (8,000 words; not 8,000 pages as is stated in the printed story) to an attorney and had it analyzed. His take is that you forfeit the right to sue when you sign their contract and the ship sails. If you feel that you have been shortchanged, then you do have the right to arbitration - in Florida. That arbitration is final and the arbitrator is not required to write an opinion. If it is found at a later time that the arbitrator erred with their decision, there is no appeal. It is a one-shot deal. The exception to this is if you became ill or if you sustained a bodily injury. Then you have your right to a day in court. Perhaps those that were injured in falls by slipping on wet floors or similar incidents would have some right to sue.

http://www.khou.com/news/local/191953631.html

SG2


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## 2slick (Dec 5, 2008)

Google Carnival Cruise Lines, Inc vs Shute.


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## smokinguntoo (Mar 28, 2012)

SlickWillie said:


> Google Carnival Cruise Lines, Inc vs Shute.


The article you mention has to do with an injury sustained in Mexico on a cruise that originated in Seattle, WA. and whether the case had to be settled/heard in Florida. And from what I read, in those cases it is not unreasonable for the case to be heard in Florida per the contract the passengers signed. Correct?

*I still wonder what would/could happen if there is determined to be negligence on the part of Carnival.*.

SG2


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## bentman (Jul 23, 2007)

the week before the ship limped in because of engine troubles looks to me like they did not take care of there business


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## TXAGGIE10 (Jun 1, 2009)

Haute Pursuit said:


> Your attorney's fees would be more than your wages more than likely. Doubtful if you would ever see a penny more than they are offering now. I would bet most attorney's will require a retainer on this unless they are starving to death and desperate. Expensive to sue out of country company's. The other thing is your livelihood was not their consideration ever, nor should it be. You would have paid for a cruise and you would have gotten one. They could just as easily charged you for the extra days at sea...LOL You might stand a chance with Judge Judy though!


x2.


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## 2slick (Dec 5, 2008)

smokinguntoo said:


> The article you mention has to do with an injury sustained in Mexico on a cruise that originated in Seattle, WA. and whether the case had to be settled/heard in Florida. And from what I read, in those cases it is not unreasonable for the case to be heard in Florida per the contract the passengers signed. Correct?
> 
> *I still wonder what would/could happen if there is determined to be negligence on the part of Carnival.*.
> 
> SG2


That was why I posted that. All suits must be filed in FL, due to offices being there. IIRC, the individual in Pearland filed in Miami.

It's not unusual to have an arbitration clause. I know back when GMAC was existence, if you financed thru them, you agreed to arbitration. I would think any attorney worth his salt would not have filed suit if that was the case here.


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## smokinguntoo (Mar 28, 2012)

*1. Would a finding of negligence or gross negligence - were that to be determined by the upcoming investigation - transcend or trump Carnival's protection?

2. Was Carnival negligent sending this ship on this cruise?*

I read a lot of the news because it interests me. They, Carnival, and the other cruise lines also, have multiple layers of protection by their multinational complex structure. That is no accident. They have incorporation in Panama, the vessels are Bahamian flagged, they have some maritime/corporate ties to the UK and offices in Florida. There is not any direct oversight to their operations except those of the USCG, which has the right to inspect their ships on a schedule or sooner if there is an incident on the water.

There are some risks in cruising and your ability to recover damages are limited. Particularly if no injury was involved. Be advised and make an informed decision. The vast majority of all ocean cruises have happy endings.


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## V-Bottom (Jun 16, 2007)

What a ****y this person is. Most likely has NEVER been in the Military under harsh conditions...


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## INTOTHEBLUE (Jun 21, 2011)




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## Chuck (May 21, 2004)

Hardwired said:


> I think it's hard to say what you "would" do. Depends on the situation.
> I've read or heard so many different sides of stories on conditions and what decisions were made and why.
> 
> One thing is for sure, MOST if not ALL decisions made by Carnival were done so with bottom dollar in mind. That would mean patrons "endured" situations which were not necessary.


You are completely clueless.....think before you post.


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## 2slick (Dec 5, 2008)

Frankly, I just don't understand all the love for Carnival. They exploit all the regulations to their favor. They hire third world employees and pay them a very minimum amount. And I bet a lot of those that "love" Carnival preach the "don't buy Chinese" sermon.

Also, I just don't put much faith in the argument they can't be sued. Take a look at what transpired with the ship wreck off the coast of Italy. Here. I could see that happening in this case if enough suits are filed.


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## Quepos1 (Jan 21, 2011)

SlickWillie said:


> Frankly, I just don't understand all the love for Carnival. They exploit all the regulations to their favor. They hire third world employees and pay them a very minimum amount. And I bet a lot of those that "love" Carnival preach the "don't buy Chinese" sermon.
> 
> Also, I just don't put much faith in the argument they can't be sued. Take a look at what transpired with the ship wreck off the coast of Italy. Here. I could see that happening in this case if enough suits are filed.


I think they CAN be sued. The real question is, would a plaintiff prevail in a suit.


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## drfishalot (Sep 9, 2004)

Ive never been on a cruise and therefore no love or hate for carnival. I hate a whiner though.
the "bottom line" should be the most important thing for any company-If you don't take care of yourself you can't take care of anyone else.
those 3rd world company employees are prob tickled pink to have that job. I'll bet there are plenty of applications for those jobs if they wanted to quit.

I would go on a cruise that ended just like that one: if I got my money back, another cruise, 500 bucks, and comped what I had already spent on the cruise.
Where can I sign up?
(PS:I can afford to go on any cruise offered anywhere)


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## Whitecrow (May 26, 2004)

fishinguy said:


> $500 isn't going to cover all the missing time from work I'd sue them too. There is no reason for people to be losing money because the ship broke.
> 
> Are yall saying that you would take $500 for a week no pay. Not to mention is really sucked. They would have to at minimum cover my wages.


So if you were on vacation during 9/11 and missed work because of the "no fly" ruling, you are gonna sue the government? The terrorists? The airlines? OR.....
You're on vacation in NYC when Sandy hits and can't get home, you are gonna sue the Nat'l weather service? God?

Google *Force majeure* and contemplate again how your "lost wages" suit is gonna go. The only chance a suit has is if Carnival knowingly sent a damaged ship out. Saying it came limping in on its last cruise is proof is horse****e. Stuff breaks and gets fixed all the time. If Carnival made repairs and thought it was 100%, they are good. If someone can find a memo that says "The repairman duct-taped the flux capacitor back on and says we should be good for a few miles", then Carnival may be in a bind.


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## jtburf (May 26, 2004)

Carnival cannot be sued for issues relating to what happened on the cruise.

You agree to this when you purchase the ticket and having "read" the fine print in the ticket agreement.

You can sue for severe injurys, wrongful death, or illness.

All others are sent to Arbitration in Miami Federal Court.

John


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## smokinguntoo (Mar 28, 2012)

jtburf said:


> Carnival cannot be sued for issues relating to what happened on the cruise.
> 
> You agree to this when you purchase the ticket and having "read" the fine print in the ticket agreement.
> 
> ...


Yep. I imagine the Federal Court appoints an arbitrator and their decision is final. Like it or lump it.


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## 2slick (Dec 5, 2008)

BTW, here is the ticket contract.

There are some limitations, as different ones have mentioned. Seems I have heard tho, "contracts are made to be broken". We'll see what transpires. I don't think we'll see any arbitration cases in federal court tho. IIRC, arbitration has to be agreed to by both parties. (you agree through ticket contract) I think the contract spells out what group is used. Seems the gal that filed the suit this thread pertains too claimed severe dehydration. I suppose that is an illness. Time will tell.

If I could afford any cruise, I wouldn't even slow down anywhere Carnival was docked. If you look at their history, it ain't real peachy.


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## Tortuga (May 21, 2004)

drfishalot said:


> (PS:I can afford to go on any cruise offered anywhere)


In that case...here's one for ya, Doc......:biggrin:

http://www.huffingtonpost.com/2012/02/24/most-expensive-cruise-sai_n_1298871.html


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## drfishalot (Sep 9, 2004)

Fixed it for me:

PS: I can afford to go on ALMOST any cruise offered anywhere


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