"Should cruisers be able to sue over rough seas"

I ran across this on Cruise Radio  http://cruiseradio.net/should-cruise-passengers-be-able-to-sue-over-rough-seas/

 

Any thoughts ?  This even has dropped the stock price from about $ 97 before this event to about $ 70.00 today when the 52 week high was 103.40  and 52 week low was 64.21.

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25 Answers

Insurance companies like to use the term, an act of God.    Well, fine. Show me which one and why it was done, and we'll call it even.

Of course you can't sue over rough seas. Likewise you don't pay extra for calm seas.

It is correct you can't sue for rough seas per se. Been in the airline game most of my life, lots of exposure there. Rough seas? The same holds true for turbulence. Unfortunately, its not that simple. In order to sue under tort law legal liability must be involved. In order to prove that, one must prove negligence and negligence can be caused by an action(s) or inaction(s). 

Anyway, you get the drift, let the games begin. Silver tongue trial lawyers can make an astute person believe black is white.  

Who would you sue ? Poseidon ?

 

Naw, they always sue the airline or cruise line involved. Contending the transporter was negligent in not anticipating such or not giving adequate warning or not giving adequate instruction the list goes on and on, use one's imagination.

I remember way back in the 1950s when I was going to college. Pan America served Fairbanks. One time on an in bound flight they feathered a propeller, four engine (reciprocating engines). The youngsters among us probably wonder what I mean by "feathering" a propeller, that was the old days prior to the great air transport revolution brought about by the advent of the turbojet engine. 

Anyway, there was this dude on board that lived in Fairbanks, he sued the airline. Contended that it scared him so bad he became psychologically unbalanced or something. I don't remember if he got anything out of it or not, maybe a few bucks to shut him up, you know "nuisance value". What I do recall was that whenever someone would spot him around down they would point him out and everybody would have a good chuckle at his expense.       

 

That's as bad as me suing the weatherman because it snows in January in Edmonton.

Mmmmm wondering........Wink

Snow ?   what is that ?  We had mid 90's last week,  then a couple days in the 60's with light rain and now we are going back to the mid 80's.   Los Angeles weather can't beat it other then the drought. 

I don't think you should be able to! You can't sue for pot holes in the road. All you can do is avoid driving on that road just the same way as not going on a cruise if you fear rough seas!!

Whoa Nellie, I still like to think you are correct since Alaska has a lot of potholes and due the perma-frost up here and freeze and thaw cycles it is very hard to avoid alligatoring and potholes, regardless the amount of maintenance you put into the roads. But don't be so certain.

Back in the early 1960s the highly regarded wife of one of our State Senators, I believe he was even President of the Senate at the time, got killed in the spring due to a very dangerous pothole on the edge of the old Seward Highway. Quite a court battle ensued and there were more than a few trial complexities involved, I sure don't remember all the detail, other than the plaintiff prevailed which made a rich man out of the Senator. He left the Senate, went on to law school and returned to Alaska. I don't recall him being a known practicing attorney after that but he became a pretty successful businessman dealing in the visitor industry up here.

So,  whenever someone mentions "you can't sue over "potholes"" hard core Alaskan's ears pick up.           

 

Actually, the question, "should someone be able to sue over ???" isn't really applicable in our society. I'm not a lawyer but having been involved in litigation numerous times I've listened to a lot of lawyers and worked with lots of them, in addition my baccalaureate required I listen to lawyer professors, however, I've forgotten most of that.

What I do recall though is the advice that in the US "anybody can sue anybody for anything anytime". The germane question though is, if someone sues, "what are the odds of them prevailing?" If someone sues willy nilly because they simply have a litigious personality, it is possible that they lose a lot of money in the process of losing. They have to pay their own court costs and legal representatives and in most cases pick up a sizable share of the prevailing parties expenses; for the most part, frivolous lawsuits are rare due to that eventuality.

Truth is the plaintiff could and does often lose everything they have if they undertake a stupid lawsuit. Unfortunately, in our society we have some who possess obscene levels of wealth, losing doesn't mean much to them, they simply write it off. So there exists the rare chance that one can get legally hammered by one of those dudes simply because they don't like the way someone parts their hair.     

Drought, fires, smog, heat, noise, Hollywood types and more Hollywood types.....I'll take snow, fresh air and my Hot tub outside at 40 Below C and F and we tend to ignore the Hollywood types.

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