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Should Stranded Cruise Passengers Forget Lawsuits?
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Attorney Randy Zelin on the upcoming lawsuits against Carnival Cruise Lines.
- Duration 5:37
- Date Feb 19, 2013
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Attorney Randy Zelin on the upcoming lawsuits against Carnival Cruise Lines.
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Or -- waiting for the callable cruise story the lawsuits have begun.
But -- next guest says the -- don't have a case.
Let's bring in criminal home defense after the criminal defendant well.
Around these Allen institute you're used to seeing him with the chef Smith and on the Fox News Channel he's he's -- today.
You say these passengers who have -- on this -- situation.
-- don't applicants they won't win any money tell me want.
First of all my segment on the show is going to last longer than these lawsuits but there's some good news here.
Why is it that you can -- I don't know less than a hundred dollars and data -- on a cruise ship all you can eat you can go up to the -- forty times.
It's because the they don't have to worry about paying crazy insurance cost worrying about getting sued.
There are limitations on liability when you bought your ticket like any other contract it clearly says in black and white.
You want to sue us for emotional distress forget about it.
You wanna show -- you gonna do it in Genoa Italy are you going to do it district court in Florida.
You want to sue us hey you better have real injuries and -- only gonna pay you for your actual injuries.
And that's what you get to pay less than a hundred dollars a day if you don't like it don't crew is what it's -- there.
But -- homicide US -- it's written into the ticket.
That your right to sue is extremely.
Limited and -- saying that way you can see the jurisdiction of -- lawsuit he's highly limited.
And prejudiced against the complaint is that that's correct.
And you'll saying that you can't -- all.
I feel bad all all on the emotionally distressed got to flush the toilet anymore because the toilets didn't work -- -- break my song addicts now yes and I'll take a -- another -- Something called vicarious liability.
If horrible employed a third party and independent contractors to do work on the boat and something happened you can't -- carneval.
I understand that it was leaky fuel line the course the fire.
-- if the leaky fuel line was the result of some third party.
Not having done what they were supposed to do go after the third party yet a going -- carneval.
That's that's very -- is that makes the cruise industry.
Immune.
From the -- lawsuits that affect every other industry in America.
Is it because they're floating around in the open ocean on a boat that's flag to a foreign country that's part of the deal -- and while that you're actually bringing up two great points first of all -- -- you are dealing.
Win the Warner you're dealing -- maritime law.
Maritime law goes back hundreds and hundreds of years maybe even longer than that and it's extremely favorable to ship's owners.
In addition you're talking about I think they -- flags of convenience just because a boat seems to only be leaving and going back to the United States look at the back of the boat look where it's register it could be Panama it could be the Bahamas.
If it was more favorable law it was the -- to the ship's owners so yes all of this is done to benefit the ship's owners but again.
All of it's going to benefit the passenger.
Who's paying less than girls if you don't like it don't go if you don't like -- pay more money you'll be able to sue for more later on where else can you impose the idea.
Buyout be aware that there's nowhere else nowhere else by a consumer that's always the case this is unique business while.
A decision make it bought her wants to eat all day long.
-- -- -- -- You do not get out of it a big fan -- that's the only reason that's my only motivation for going on cruises volume or you can need to beautiful thing that the ability to -- USA there's no way around on this -- -- we came into work this morning we said look these -- have -- Floating around -- and pointless and -- conditioning.
Pretty bad situation again that and a distraught when they get off the plane they ended the boat they kissed the ground in America and we we couldn't believe that your saying and you're -- some -- in this industry -- -- Actually first mr.
Here are some sort of unit you don't get a dollar and there is doubt that there is a small window about -- got to I know -- -- custom window there is something called an egregious act which is a very fancy way of saying if horrible new and they intended.
-- the passengers you can get around these restrictions if Carnival was reckless in other words.
When you closure rise for the high probability that something -- going to happen to somebody else and you go forward anyway.
So sure nobody to credit movie that you don't want that around that a consultant told them five years ago analysts and you -- -- put another something years to do with the engines to help but you know sort of spells -- would that qualify.
Because they had -- know that listen.
If something is they just couldn't they -- could be so naive they would know that this could possibly happen.
That might be more negligence.
Then recklessness.
But remember what you just said if they consulting did it.
This limitation on liability says had to have somebody else messes up -- the not a card are a Carnival employee.
Good luck going after us is not going to happen I think that the point would be if they Carnival employee purposely damaged.
The fuel line.
And caused the fire.
Then maybe you'd have a -- but of course you have to stand show the Carnival knew or should have -- That this employee this -- is -- and not job was out of his mind doing that I shouldn't be working for the cruise -- but the bottom line is.
It's very difficult but you must get what you pay for past that.
-- is that would you come back -- -- -- sometime I would come back every day if you -- Yahoo! Campbell.
-- to thank you very -- -- -- -- -- -- -- --