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Splendor passengers back Carnival
By John Honeywell on Nov 15, 10 11:18 PM in Cruise news
An unexpected message from American attorney Jim Walker, who specialises in taking up the cudgels on behalf of passengers who claim to have been victims of crime or injury while on cruise holidays.
On his website CruiseLaw, he takes a pot-shot at other lawyers touting for business as a result of the fire on board Carnival Splendor.
"Any time there is a cruise disaster, the issue of lawsuits arises," he writes. "Sometimes there is a basis to file a lawsuit, and sometimes - like this time - there is clearly not. Many passengers from the Carnival Splendor have contacted our office seeking a maritime lawyer to sue the cruise line for damages. We have told them that there is no basis to consider suing Carnival under these circumstances."
Jim gives three reasons why passengers would be wasting their time and money were they to file suit.
In order to have a legitimate case for compensation, a cruise passenger has to suffer a personal injury. Experiencing inconvenience and unpleasant circumstances does not constitute a personal injury unless there is a physical injury. If you fall down a flight of stairs in the dark and break your hip, that's a personal injury. But not taking cold showers, smelling toilets that can't be flushed, eating Spam sandwiches in the dark or other similar "cruise from hell" stories .
The cruise ticket drafted by Carnival protects the cruise line: "If the performance of the proposed voyage is hindered or prevented by . . . breakdown of the vessel . . . Carnival may cancel the proposed voyage without liability to refund passage money or fares paid in advance."
Carnival has already offered to refund the passengers' fare and travel expenses and a free cruise of equal value in the future. So if you are foolish enough to file suit, you simply will not do any better than what is already being offered now. Plus you will incur legal expenses and travel expenses pursuing a case in Miami which you are certain to lose.
Why would a lawyer who specialises in suing cruise lines now be advising against it?
He could well be taking note of the results of a poll conducted by MSNBC in which 88 per cent of respondents said Carnival's compensation package, which includes a full refund, a free cruise, and refund of travel and hotel expenses, was more than generous.
And he faces up to reality when he concludes: "Most jurors will not have much patience for vacationers complaining about eating Pop Tarts on a cruise ship, when some of the jurors cannot afford a cruise in the first place and our U.S. troops have been eating MRE meals in the middle of the desert in Iraq and Afghanistan."
His thoughts were echoed by a passenger who told MSNBC: ""They gave us our money back. They gave us free beer. The crew was in good spirits and helped us with whatever we needed,They're giving us a free cruise at a later date. I'm grateful for that. I'm not the kind of person who's going to go sue, sue, sue. Not me or my wife."
Carnival might be counting the cost of the compensation package, and the lost revenue while the ship is repaired, but they must be breathing a huge sigh of relief that despite everything, they have the passengers on their side.
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Originally Posted by nealberk
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