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Old April 9th, 2006, 12:10 PM
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Default 48 Hours TV program - Geo Smith

Did anyone see 48 Hours last night 4/8 ? It was an in depth
coverage of the George Smith disappearance. There were
alot of new facts told, but still it appears as if George, his
wife, Jennifer; and their companions for the evening were very
intoxicated. His family and wife are bringing a suit against
RCI for wrongful death....How can RCI be responsible?....shouldn't
adults be responsible for themselves in the case of drinking too
much and (possibly) fall overboard because of the intoxication?
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Old April 9th, 2006, 12:23 PM
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I caught that show last night, and was surprised. I thought it was actually the most balanced, and factual (if you call all the statements "fact") presentation of the case by the media that I've seen.

It really is a MYSTERY, and sadly there seems to be no way of knowing EXACTLY what did happen to Mr. Smith.
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Old April 9th, 2006, 01:06 PM
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No different from a land bar. If you are obviously drunk, the bartender/waitress has to 86 you. Just because you are at sea, does not mean that you can get "more drunk".

Now it does become a little trickier since you are at sea where Maritime Law comes into play.

"Did intoxication play a big role in what happen?" asked Brett Rivkind, a Miami maritime lawyer who represents the Smith family. "And if so, then you need to look at maritime law and legal responsibility, which holds the cruise line responsible to adequately supervise the serving of alcohol and alcohol consumption aboard their ship."

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Old April 9th, 2006, 06:27 PM
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I watched and they said that they were drinking Abscinth possibly brought into the bar by the Russian men. If that is the case and it was true Abscinth, my son who is in Germany said that true Russian Abscinth has a touch of opium in it. Certainly would explain the condition of him and his wife.
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Old April 9th, 2006, 08:12 PM
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And please remember. Unless the cruise lines start searching every piece of luggage and each passenger that boards, thay will never be able to stop passenger who figure out was to bring more booze on board. Just read the Cruise Boards - all of them, that is a prime topic. Lets see, put it into a baby bottle, stuff plastic bottles into you purse, strap bottles to you leg, the list gets to be so crazy. So you can't blame the cruise line or the bartenders when people have it in their cabin..... If people want to get stoned out of their minds, they will figure out a way to do it, and the rules be damned.
This becomes more like beating a dead horse. And while I am sorry for the family, each and every person, on a ship or on shore must assume responsibility for their own actions.
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Old April 10th, 2006, 04:54 PM
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The cruise ships can really only be held accountable if they are pouring and serving alcohol directly to the consumer. In this case, it sounds as if the alcohol (abscinth) was coming from others, as RCCL has stated it is not served on board their ships. Others could be buying alcohol for George and his wife as well... and the bartenders could not have known.

Herein is where responsibility lies.... more so...PERSONAL responsibility versus responsibility of the cruise line. It has become so easy to blame someone else for our own actions, rather than accepting responsibility that MAYBE sometimes we were out of control or wrong. While I am not saying that RCCL is totally free from blame... but someone PLEASE tell me how they are responsible for the wrongful death of this guy??? They didn't push him over...

I feel terrible for the family... but I think they need to listen to and read the statements which came from witnesses. I think they are barking up the wrong tree by filing wrongful death lawsuit against RCCL... as they did nothing differently than they do with ANY passenger on board their ships while they are alive.

Just my opinion....
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Old April 10th, 2006, 06:45 PM
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As a retired Law Enforcement Officer, it is nice to see some logic on here. Am so sick of everyone being blameless.

I did see the show and thought it was well presented. Problem is, "CSI" makes for great television but in the real world, dream on. Poor delusional Henry Lee and whatever bill of goods he is selling to the family.

I have always said the bloody canopy should have been removed and saved as evidence. Would it break the case, nope but it would have made "RCI" look more like they were doing everything they could to help. But there I go being logical again.

I'd offer to barter my experience but they wouldn't give me my aft category "D" that I love so much ()= ;>)
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Old April 10th, 2006, 06:45 PM
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As a retired Law Enforcement Officer, it is nice to see some logic on here. Am so sick of everyone being blameless.

I did see the show and thought it was well presented. Problem is, "CSI" makes for great television but in the real world, dream on. Poor delusional Henry Lee and whatever bill of goods he is selling to the family.

I have always said the bloody canopy should have been removed and saved as evidence. Would it break the case, nope but it would have made "RCI" look more like they were doing everything they could to help. But there I go being logical again.

I'd offer to barter my experience but they wouldn't give me my aft category "D" that I love so much ()= ;>)
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Old April 10th, 2006, 08:08 PM
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Irish Shark,

"Did intoxication play a big role in what happen?" asked Brett Rivkind, a Miami maritime lawyer who represents the Smith family. "And if so, then you need to look at maritime law and legal responsibility, which holds the cruise line responsible to adequately supervise the serving of alcohol and alcohol consumption aboard their ship."

There are two relevant nuances.

1. In this case, it does not appear that the fact that Mr. and Mrs. Smith were both quite drunk was in any way material to the disappearance.

2. In this case, it does not appear that the cruise line served the alcohol that they were drinking.

I believe that Mr. Rivkind does not have a case.

Norm.
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Old April 10th, 2006, 08:12 PM
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Robbie H,

I have always said the bloody canopy should have been removed and saved as evidence. Would it break the case, nope but it would have made "RCI" look more like they were doing everything they could to help. But there I go being logical again.

Realistically, you can't expect people who work in other fields to think of these issues because they are not trained in law enforcement. The staff on the ship probably would have done so if either the initial (Turkish) investigators or the American F. B. I. agent who witnessed their work had simply asked.

That said, I think that the photographs of the bloodstains on both the canopy and the hull should be sufficient for evidentiary purposes.

Norm.
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Old April 10th, 2006, 11:27 PM
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I totally agree with Wiscguy here.....it all comes down to personal responsibility.

They were drinking alcohol that was smuggled on board. Absinthe is deadly. My personal opinion is that the guys took George back to his room, he was so drunk he knocked around the cabin (causing the sounds that sounded like a fight), went out on the balcony and in his impaired state, he tried to do something he shouldn't have and fell overboard to the overhand. After being unconscious for awhile, he woke up disoriented and fell off the ship. It is sad, but is it a crime? And if I were his wife, I would NEVER have left him alone in that state. So, I do think the wife has some culpability here.......of course she was so into herself that she appeared not to care that night.

Personal Responsibility, folks! You break the rules, you can't sue the cruise line for negligence!
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Old April 10th, 2006, 11:27 PM
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Sorry...double post.
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Old April 10th, 2006, 11:28 PM
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Egads! A triple post! The board gods must be angry with me. Sorry.
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Old April 11th, 2006, 05:23 PM
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Could be he decided to try & pull a "King of the World" & fell overboard. Everyone knows people do stupid things when drunk.
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Old April 11th, 2006, 06:08 PM
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Quote:
Originally Posted by Rev22:17
I believe that Mr. Rivkind does not have a case.
Thats why we have courts and are not tried on a BB on the Internet.
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