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Welcome to the Hardcore Husky Forums. Folks who are well-known in Cyberland and not that dumb.

Carnival cruise to allow ships to sail out of Italy next week. Legal ramifications?

I think they are starting with 2 ships.

How are the certain individual and class action lawsuits going to play out when all the cruise ships start to open back up?

The cruise ship attornies will use the "force majure" or act of god to try and protect themselves.

However the plaintiffs will be able to show a 5 minute video showing dozens of instances where the ship was not enforcing social distancing/instances where areas not being cleaned or wiped down before the next person uses it, allowing the potential spread of covid.

On one hand they can't afford to just settle out of court with all the different cases they will have, yet can't run the risk of a sympathetic judge/jury awarding millions of dollars to an individual or hundreds of millions in a class action.

How do others see this playing out?

Comments

  • YellowSnowYellowSnow Posts: 24,887
    Swaye's Wigwam 10,000 Up Votes 10,000 Awesomes 10000 Comments
    Is there any legal precedent vis a vis virus liability?
  • godawgstgodawgst Posts: 1,579
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    Not that I am aware of and certainly not to the level of covid.
  • creepycougcreepycoug Posts: 19,141
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    edited January 12
    As you can imagine, we? are all clarifying/arguing in our force majeure clauses that it includes pandemic and, where it makes sense, regional epidemic, and now "civil unrest" is being negotiated. You'd see it routinely listed among the parade of horribles after the "including but not limited to" clause; now we're? fight over its inclusion.

    The beauty of law practice: you get to argue things backwards and forwards. What is an unreasonable request one day becomes your "gotta have it" the next. I do this now without blinking because I have no soul.
    haie
  • Pitchfork51Pitchfork51 Posts: 21,889
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    edited January 12

    As you can imagine, we? are all clarifying/arguing in our force majeure clauses that it includes pandemic and, where it makes sense, regional epidemic, and now "civil unrest" is being negotiated. You'd see it routinely listed among the parade of horribles after the "including but not limited to" clause; now we're? fight over its inclusion.

    The beauty of law practice: you get to argue things backwards and forwards. What is an unreasonable request one day becomes your "gotta have it" the next. I do this now without blinking because I have no soul.

    #thatsmycreep
    creepycoughaie
  • KaepskneeKaepsknee Posts: 12,370
    5,000 Up Votes 5,000 Awesomes 10000 Comments Seventh Anniversary
    edited January 12
    I don’t believe that a Pandemic or disease of any kind is a cause of loss that insurance companies would currently pay out for liability. It may be different for employees of the cruise line but as for cruisers, they would be on their own for now.

    I suppose you could still file suit. But given the state of cruise lines now, you’d be trying to squeeze the blood out of the turnip if the insurance doesn’t cover the loss.
    creepycoug
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