Carnival Triumph passengers consider lawsuits
Passengers who were onboard Carnival Corp.s Triumph cruise expected a relaxing vacation. Instead, they found themselves stranded at sea for five days on a dysfunctional ship.
February 19, 2013 at 05:16 AM
3 minute read
The original version of this story was published on Law.com
Passengers who were onboard Carnival Corp.'s Triumph cruise expected a relaxing vacation. Instead, they found themselves stranded at sea for five days on a dysfunctional ship.
Last week, the Triumph was cruising along in the Gulf of Mexico when an engine fire caused the ship's propulsion system and power to go out—meaning the ship's lights, kitchens, air conditioning and toilets were out of order. The Triumph's 3,143 passengers and 1,086 crew members found themselves fighting for food and sleeping space in a veritable petri dish of germs and stench.
The ship was finally towed back to port on Valentine's Day. And some angry passengers immediately contacted their lawyers.
“We've been contacted by several passengers and their family members about the possibility of legal action,” Marc Bern, a personal injury attorney in New York City, told the Wall Street Journal's Law Blog.
Even though passengers are angry about their hellish experience, pursuing litigation against Carnival might be futile. Maritime law experts say that absent any physical injuries or illness, passengers can't sue the cruise line because they had a bad experience. To pursue emotional distress claims, passengers would have to prove that Carnival intentionally inflicted harm. Additionally, passengers' tickets contain a forum-selection clause that requires plaintiffs to bring suit in Florida, where Carnival is based; traveling to Florida for a court date could be inconvenient for plaintiffs who don't live nearby.
Meanwhile, Carnival is offering Triumph passengers a full refund for the cruise and travel expenses, reimbursement for any onboard purchases, a credit for a future cruise trip and $500 in cash.
The Triumph disaster comes just more than one year after Carnival's Costa Concordia shipwreck, in which the ship's captain steered too close to shore. The accident killed 32 passengers and crew members.
Read more InsideCounsel stories about Carnival's recent legal troubles:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLululemon Faces Legal Fire Over Its DEI Program After Bias Complaints Surface
3 minute readOld Laws, New Tricks: Lawyers Using Patchwork of Creative Legal Theories to Target New Tech
Lawsuit Against Amazon Could Reshape E-Commerce Landscape
Trending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250