Sounds to me like way too many people are Lawsuit Happy. Get a Job! Work for your money. It doesnt come for free. Besides If you had an attack of Appendacitis?? Would you also expect Carnival to pay you for having your cruise ruined. Same thing...... It could happen anywhere. Do you Christmas Shop???? I am sure the shopping carts are all full of Germs too. MMMMMMMMMM.. Who could we get a lawsuit on next????????
Here's my sad story. Two years ago, my wife and I took a week long vacation during the last week of September. We spent 3 days at the Disney Caribbean Resort. Then 2 days at a Daytona Beach-front Hotel. I remember that I had to speak to the room service folks in Spanish at Disney World.
During the Disney portion of the trip, we ate at a Caribbean themed Disney Restaurant, ordered room service Pizza. We ate breakfast one morning, in the Contemporary resort. Then we took in the Wild Kingdom Animal Park. We played "golf" at a Christmas themed putting course, when skinks weren't blocking the balls.
During the Daytona portion of the trip, we ate at a a couple roadside restaurants, an Olive Garden, and a TGI Fridays. On the trip back home, we ate at Cracker Barrels and Bob Evans.
Ten days after we got home, I started experiencing lower abdominal pain. I also developped hematuria--find a dictionary. A visit to the doctor confirmed I had prostratitis. Four days later, I was rushed and admitted to the hospital with severe abdominal pain, urinary blockage, and a temperature of 104 degrees. After 2 MRIs and a spinal tap, I was diagnosed with viral meningitis.
I spent a week in the hospital, and the remainder of that October receiving IV antibiotics four times a day at home. A visiting nurse would change the bandage that kept the IV catheter in place. I missed a month of work.
To really sweeten that year, my dearly beloved dog died, showing some of the same symptoms that hospitalized me. The vet could do nothing for her, so we asked him to end her suffering.
I have never completely recovered from the meningitis. My muscles will not strengthen, despite excercise. And I still miss my little dog--she's irreplaceable. So, whom can I sue? Disney? The hotel in Daytona? Bob Evans? Cracker Barrel?
Maybe, I can sue the operators of every interstate rest-stop along I-95, I-77, and I-70.
I'm sure that if my lawyer could pick from the most flacid mentalities of the jury pool, he could certainly convince them that I picked up the problem anywhere along the route.
But could he do it ethically?
No. Because microbiota are wherever they find you. In my case, the virus that gave me meningitis happened to be riding piggy-back on the bacillus that inflamed my prostate. I might have been anywhere at the wrong time, even before I took the trip. Sometimes bad luck is just that, bad luck. We get up, dust ourselves off, wash our hands and move on. No attorneys needed. ...and no, I don't own Carnival stock.
I worked my way through colledge with 2 jobs, no one has given me anything. I am taking time off right now to care for my 78 year old father who is terminal from cancer, BECAUSE I'VE WORKED MY ASS OFF ALL OF MY LIFE AND I CAN AFFORD TO!
Food and water tests are still pending, if it turns out to be salmonella, will your opinion change? Maybe the problem is from one of the ships vendors from that port? Who knows, that's why it needs to be investigated so it doesn't happen again!
Von, in one of your posts today you infer all you want is a refund. You go on to say no one has contacted you yet and that is basically why you are going to sue. Seems like a lot of mental anguish and trouble for the cost of a 3-4 day cruise. ( I may be wrong, but wasn't the "illness" on Carnival on one of their 3-4day cruises? ) I have to think that you see big dollar signs everywhere you look. No, I don't own stock in any cruise line. I just don't believe in this " I had a bad day--so somebody will pay " thing that has apparently taken over the country.
As far as all the support you are getting from your co-workers, I bet if truth be known, they would pay you to shut up about the whole thing, especially your "squirts".
Von, in one of your posts today you infer you only wanted a refund and as no one had contacted you yet, you were going to sue. Correct me if I am wrong, but wasn't your cruise a 3 or 4 day cruise?
How much agony can you cause your self over a short cruise? I think you see dollar signs with lots of "0000"s behind it. I just can't get into this " I had a bad day, so someone has to pay" thing.
As far as all the support you are getting from your co-workers, I bet if truth be known, they are sick to the gills of hearing you re-hash all about it and especially your "squirts".
Enough already! This woman in Pittsburgh (I can't believe I'm from the same town...oy vay) is obviously going to pursue her petty lawsuit under the guise of righteousness no matter what anyone of sound mind says. She believes she's right and her misguided coworkers, family and friends probably want a piece of the large settlement pie (or at least a part of that inevitable free cruise Carnival will proffer to shut her up)....so let's stop giving her ammo and move on eh?
In that vein...anyone ever been on the rain forest canopy tram excursion in Costa Rica? We're heavily considering it and having only enough cash for one excursion on this trip, I want to make the most educated decision possible....opinions?
I happen to be a food service director at a private school in the northeast with a student body made up of children from all over the country. My staff and I are all certified food service handlers. We are aware of stringet handwashing procedures necessary for food preperation. When handling raw vegetables for salad items, my staff always wear gloves. Despite all these sanitary precautions, people still do get viruses of all diferent natures. It sems these viruses occur more rampertly during fall and winter when people spend more time inside. It is especilay true after holidays when our students travel home and back via airlines or bus lines. Maybe you should stop blaming the food handlers and find the real cause of your illness. Maybe it was that relative you hugged or shook hands with prior to leaving for your cruise. Just maybe, you brought this virus with you from Pittsburgh!!!!!!!!!!!!!!!!!!!!!!!!!!
It's very easy to say, "lawsuit." And a lot of people do say it in hopes of a quick and easy financial return by the issuance of what's often called a "lawyer letter" just to get the complaining person off the other's back for a few bucks.
To prove a case -- and win -- in a civil action, especially against a mega-corporation, is lengthy and very costly. With very little chance of "winning" anything.
It may take many years and a lot more money and anguish than it is worth (the price of a relatively cheap cruise) to get the result you desire.
Somebody has to pay the court filing fees. Somebody has to pay the costs of discovery(depositions of all those people who said they fell ill and the depositions of the cruise line's employees, etc.) Think of the lawyers's fees to say nothing of the court reporters and all the print-outs. Think of the law clerks or paralegals doing the research and mounting up the billings, hour by hour.
That would be for the account of the person complaining. You. And you wlll receive a bill for the attorney's time as well as staff time.
Should the complaining person "win", all those costs would be deducated /credited from the ultimate award along with a percentage (usually 1/3) if the attorney is working on a contingency fee basis.
And what would be the damages? The cost of the cruise? Hardly the cost of the filing fee and the preparation of the initial complaint, plus serving papers on the cruise line which probably doesn't operate in the state where you live. It costs extra to file in another state.
Should the complaing person lose, he/she owes the lawyer for out-of-pocket expenses.
Further, should the complaing person "lose"? In many jurisdictions, the complaining person gets to pay the other side's expenses. Those could be massive.
Following on, if your $1500 cruise was "ruined" because of the "squirts", what is it worth to you to pursue it? You could probably take many, many more cruises for what the lawsuit would cost, even in the initial stages.
I am not a lawyer, but I have more than a passing knowledge of how these things work.
Maybe it is time to just step back a bit.
Ask a few questions about just what it WOULD cost to get back your cruise fare. And, really, whether or not you deserve it.
I am sorry you were ill. Me, I had a couple of "icky" days a week or so ago. I blame it on Target because they don't santize the handles on their shopping carts.
Nobody will ever know, whether in a nursing home, a pre-school, a church, an airplane or a cruise ship just who is the vector. Cruise ships are just an easier target with a deeper pocket with an identifiable population.
If I happen to get sick tomorrow, who should I blame or sue?
In the past four days, I have been on three different airlines, spent time in six separate airline terminals in four different countries, eaten in about 12 or 14 restaurants plus picking up goodies from street vendors, done a lot of hugging and kissing (not highly personal) and shared van space with others.
We all get sick from time to time. It's just part of life. To sue somebody because we DO get sifk (suffer from symptoms) seems to be waste of time when the goal is to get over it, in every sense of the word.
I'm from Pittsburgh too. I don't agree with your lawsuit because I've read a lot about this virus and other travel illnesses lately (since I'm heading for another cruise in less than 2 months).
Read this discussion with a CDC representative. These bugs are extremely common and easy to spread. The CDC feels this was brought on board by passengers. It could happen anywhere. You could infect everyone at Kmart while Christmas shopping but everyone disperses and there's no connection by the time each one shows symptoms, therefore, it wouldn't make the news.
I am amazed that this is your 1st vacation where you got sick. I'm used to sitting at a desk for most of my week and on vacation I'm around many people for 7 straight days. The odds are much higher of catching something. I've caught lots of bugs while away on vacation. Most of the time, it's not severe and I just deal with it. My eating habits on vacation are also drastically different than my routine. It could be a combination of lots of things.
The bottom line is, the risk is always there for travelers.
i can see it now the lawyers saying you were the ones to bring the virus on board.
then what happens?
co-worker broke her arm fell in a mall parking lot other co-worker asked if she was going to sue.
first one says sue who me i tripped on my own feet.
i told her to go look and see if there were any signs in parking lot about the ground being hard and could hurt you if you landed on it in a fall.
sorry for your discomfort but do not see the lawsuit
What makes you think that since someone is from a "third-world" country that they have nasty personnal hygeine? I find your remarks very offensive! Many Americans and Europeans have horrible sanitation habits! Many "third-world" people are cleaner than you!
And concerning the remarks about the employees who barely spoke English, do you honestly think that all of the employees must be able to speak perfect English? I have never had any trouble getting my point across to any cruise employee, sometimes it just takes a little patience! Why are Americans and British people so arrogant about language? We should be ashamed that we cannot communicate in more than one language!
I have to agree with everyone. I was on the INspiration in october. The last day I was sick, this was my 5th cruise and I have never gotten sick before. So that was weird but SUE them that is crazy. When I fly I always get a cold, should I sue American Airline for not having clean air filters? I think that your co workers and freinds are never before cruisers and have no idea what they are talking about. If it was the food, do you think that the cruises here in the west coast would have cases as well? Carnival has the same food on all ships, that I find really funny. I think you need to grow up, maybe you drank to much, the food did not agree with you. Can some one sue Weinerschnitzel if the chili made them have the runs NOOOOOO. Just to let you know Carnival has hundreds of sailings what makes you think that they will drop what they are doing and baby you because you have the squirts. Keep dreaming.
You are so right. Von is from Pittsburgh and so am I. There's lots of people who have horrible hygiene habits. I work with many of them. And most are WASPs born and raised in Pittsburgh. Von must live in a bubble to not see this. No wonder she got sick, she never gets out. And it's not just Pittsburgh, I travel a lot, there's probably a consistent percentage of people with poor hygiene everywhere.
I don't mean to pick on my home town, but I wish the men here looked like the "foreigners" on the cruiseships. They're very well groomed, clean, in much better shape and just plain healthier. And the uniforms don't hurt. Oooh la la, I can't wait for my next cruise. And the girls are beautiful too. At least my boyfriend thinks so.
I agree with you as well Marnie. I truly believe that's how this whole thing got started. Cruise passegers with disgusting habits. People who don't wash hands after using the bathroom, ect. I'm sure plenty of people out there never wash their hands at all! I also think the "Third World comment" was highly inappropriate. Just because these people live in a poor country, doesn't mean it defines their personal habits. I'd be willing to bet many people with wealth can be just as disgusting as someone with no money at all.
I knew someone was going to bring this up and I would like to clarify something. Most people will hear the published version of the lawsuit, that is, get a snapshot picture of the case, and form an opinion without investigating the whole story.
In this coffee case against McDonalds, the award went to the elderly lady not because of her damages but because the jury was punishing McDonalds for negligence. McDonalds had over 6000 complaints, stretching over several years about the extremely hot coffee and burns their customers have had with spillage. Prosecutors produced written documentation of these complaints. McDonalds refused to do anything about it. McDonalds took no action to protect customers from harm. They refused to even post a notice. They refused to use better sealing cups. In effect, they didn't want to hurt profits. They continued to let their customers get burned by their coffee after 6000 complaints.
They now post a sign on all their restaurants about the coffee being served very hot. That is all they had to do in the first place to avoid this lawsuit.
There have been more than enough posts on this subject but I'll still jump in.
Does the back of the cruise ticket say something about suits must be filed where the cruise line dictates. They say something like that, so Von maybe Liberia is beautiful in the winter. Or Panama might have a cold snap in August but I would advise a sweatband or ten.
McDonalds actually had test the coffee and knew in advance that it would cause "FULL THICKNESS BURNS THROUGH THE DERMA". Once on notice, they decided the cost of notification/change for it customers were too great.
Please---just one more parting shot.
I sit here at my keyboard with a sore aching hand!!
You see, whilst cooking supper, I grabbed a hot pan (OUCH) and without a towel!!
Now, for the life of me, I couldn't find any label anywhere on that pan, telling me it would burn if I touched it while it was hot. ( possible lawsuit #1 )
Secondly, I moved the stove out, turned it upside down ( all with a burning hand ) and coulldn't find any label on it telling me it ( the stove ) was made to get hot to cook on and therefore pans sitting on the stove while the burner is on would be hot and to not touch them. ( possible lawsuit #2 )
In addittion, I think I have hurt my back ( a little cash will make it better ) while moving the stove in and out. Since the pan was hot as a result of the stove being hot and I got burned because they were both hot, I will try to sue both the pot maker and the stove maker (possible lawsuit #3 ). HMMmmm--- wonder about the store where I bought them and the delivery guy who brought my stove??? Have to check further into this.
You are silly. No one can prove where a germ came from. Nobody wants to sue. That is not a problem. The problem is a diminishing confidence in "SICK SHIPS" ! tHEY SHOULD SEND CIPRO WITH TICKETS! Botton line we're waiting for a clean bill of health. Then we will cruise. Meanwhile don't go broke.
Cipro? Why? This is a stomach VIRUS and Cipro is an antibiotic and wouldn't help you a bit. Krembles, freedom of speech is one thing, making fear inducing statements mean to injure is another. NLV or what has been more commonly known as the Stomach Flu throughout the years is very coomon, only exceeded by the common cold, and not a problem with cruise ships. The problem lies in the news media and others spreading fear and making a big deal out of something that is commonly fund everywhere and trying to place the blame on one enterprise or location. NLV is everywhere, especially right now during the winter months.