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Bungee breaks on Mariner


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2 minutes ago, KJ1231 said:

This will settle for $75k - 250k in which Plaintiff will only see 2/3 of the settlement minus disbursements. He will never see $10 million.

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If it ever makes it a jury you never know what juries will do. I can't imagine you could call this anything but negligence on the part of the Cruise Line. Based upon his injuries and future earnings that could be disrupted, it's hard to tell where it will end up. I would imagine that RC has insurance for these kinds of things. If it were me, I wouldn't settle for a mere 250K. It would have to be 7 figures.  

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1 minute ago, Tim B. said:

If it ever makes it a jury you never know what juries will do. I can't imagine you could call this anything but negligence on the part of the Cruise Line. Based upon his injuries and future earnings that could be disrupted, it's hard to tell where it will end up. I would imagine that RC has insurance for these kinds of things.

He was treated for a fractured pelvis and dislocated shoulder. Allegedly, the pelvis required multiple surgeries and a nine-day hospital stay. Given that he is in a wheelchair and getting around pretty well with the news/videos that is being shown and will be shown to the jury if it ever gets to that point which I highly doubt, and moreover, he has not expressed constant pain and doesn't require physical therapy, in my experience, this will settle for $75k - 250k. He will never see $10 million.

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3 hours ago, princevaliantus said:

This will settle for $75k - 250k in which Plaintiff will only see 2/3 of the settlement minus disbursements. He will never see $10 million.

I think he'll see more then $75,000.  My daughter had a car accident and a passenger of the other car broke her pelvis.  My daughter was found 25% at fault and Allstate paid out $93,000 ( her 25% share)  to that person and who know what the other ins. company paid out.   I assume it will depend on the severity of the injury, they say fracture.  Not much can be done for the pelvis, it just takes time to heal.  I do feel bad for the passenger, his world was turned upside down after this injury, especially due to no fault of his own.  This was a malfunction/negligence and they will pay for his injuries as well as pain and suffering.  They are probably suing the manufacturer of the bungee company & installers too and everyone else along the way.  You sue everyone and hope for a fair settlement.  Depends on how long you want to play the game.  However, it can take years to settle.  I wish him well.     

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The news story and video clips are likely part of the process as they try to edge the settlement needle in their favor.  

The cruise contract has verbiage that covers taking photos and video.  A cruise ship is not a public place, it's the property of the cruise line.  The crew can restrict you from taking pictures or video at any time.  

Bottom line - it's an unfortunate accident.  Accidents happen across the country every day in theme and amusement parks.  The media has an odd fascination with anything that occurs on a cruise ship while often ignoring the same events occurring on land as mundane and not news worthy.

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37 minutes ago, twangster said:

The news story and video clips are likely part of the process as they try to edge the settlement needle in their favor.  

The cruise contract has verbiage that covers taking photos and video.  A cruise ship is not a public place, it's the property of the cruise line.  The crew can restrict you from taking pictures or video at any time.  

Bottom line - it's an unfortunate accident.  Accidents happen across the country every day in theme and amusement parks.  The media has an odd fascination with anything that occurs on a cruise ship while often ignoring the same events occurring on land as mundane and not news worthy.

Actually, the cruise ship is deemed a public place as if it wasn't, the ship would be empty. The crew cannot restrict you from taking any photos in the public areas of the ship, but may restrict you in employee/crew areas only.

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10 minutes ago, princevaliantus said:

Actually, the cruise ship is deemed a public place as if it wasn't, the ship would be empty. The crew cannot restrict you from taking any photos in the public areas of the ship, but may restrict you in employee/crew areas only.

 per the Cruise Ticket Contract you agree to:

b. Guest hereby agrees that any recording (whether audio or video or otherwise) or photograph of Guest, other guests, crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for any commercial purpose, in any media broadcast or for any other nonprivate use without the express written consent of Operator. The Operator shall be entitled to take any reasonable measure to enforce this provision.

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On 3/21/2019 at 1:00 PM, marti314 said:

 per the Cruise Ticket Contract you agree to:

b. Guest hereby agrees that any recording (whether audio or video or otherwise) or photograph of Guest, other guests, crew or third parties onboard the Vessel or depicting the Vessel, its design, equipment or otherwise shall not be used for any commercial purpose, in any media broadcast or for any other nonprivate use without the express written consent of Operator. The Operator shall be entitled to take any reasonable measure to enforce this provision.

The key/operative junction here is " commercial purpose, in any media broadcast or for any other nonprivate use". Now, with this in mind, what 5 year old or 60 year old on a cruise vacation will take a picture of something and broadcast it on ABC, NBC or CBS??? And I note: "media broadcast" is used NOT "social media".

Insorfar, we, as cruisers, do the advertisement for the cruise lines by sharing our experiences via "social media". No cruise line in their right mind would give up FREE advertisement.

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7 minutes ago, princevaliantus said:

The key/operative junction here is " commercial purpose, in any media broadcast or for any other nonprivate use". Now, with this in mind, what 5 year old or 60 year old on a cruise vacation will take a picture of something and broadcast it on ABC, NBC or CBS??? And I note: "media broadcast" is used NOT "social media".

except for this part: or for any other nonprivate use without the express written consent of Operator

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On 3/20/2019 at 6:07 PM, ama537621 said:

I am booked on Mardi gras, Jan 2021. I never thought of the motion of the boat effecting the coaster. 

It wasn’t a coaster, it was one of those bungee thinks with a trampoline inter it, like they have at malls.

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Per the movie of the incident , one of the cords of the bungee was released. I am not an expert but it dose not look as issue with ship movement , more like maintenance issue.

Issue like that can happen , what worries me is that fact that the possible landing zone  was not padded enough .

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On 3/21/2019 at 12:17 PM, Lovetocruise said:

I think he'll see more then $75,000.  My daughter had a car accident and a passenger of the other car broke her pelvis.  My daughter was found 25% at fault and Allstate paid out $93,000 ( her 25% share)  to that person and who know what the other ins. company paid out.   I assume it will depend on the severity of the injury, they say fracture.  Not much can be done for the pelvis, it just takes time to heal.  I do feel bad for the passenger, his world was turned upside down after this injury, especially due to no fault of his own.  This was a malfunction/negligence and they will pay for his injuries as well as pain and suffering.  They are probably suing the manufacturer of the bungee company & installers too and everyone else along the way.  You sue everyone and hope for a fair settlement.  Depends on how long you want to play the game.  However, it can take years to settle.  I wish him well.     

Perhaps 75k but $10m is a pipe dream unless the bungee snapped and he bounced off the trampoline & through one of the holes in the giant ball and THEN flew off the ship and hit his head on the hull before impacting the water below. 

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On 3/21/2019 at 12:20 PM, twangster said:

Bottom line - it's an unfortunate accident.  Accidents happen across the country every day in theme and amusement parks.  The media has an odd fascination with anything that occurs on a cruise ship while often ignoring the same events occurring on land as mundane and not news worthy.

Fantastic summary

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  • 1 month later...

I wouldn't even begin to speculate on the payout...

case in point:

2x4 dimensions lawsuit Lowe's 1.6 mil settlement 

hot coffee McDonald's 3 mil

$6.3 Million: Back Injury.

Cruise ship crew member from Haiti suffered a cumulative trauma disorder involving his back while performing his duties as a cleaner on a Royal Caribbean cruise ship. He then was provided with negligent medical care treatment. The jury found the cruise line accountable to the crew member. Verdict of 6.3 million

the link below shows maritime lawsuit settlements.

https://www.rivkindlaw.com/verdicts-settlements.html

But I do know who my attorneys would be. ?

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8 minutes ago, mworkman said:

I wouldn't even begin to speculate on the payout...

case in point:

2x4 dimensions lawsuit Lowe's 1.6 mil settlement 

hot coffee McDonald's 3 mil

$6.3 Million: Back Injury.

Cruise ship crew member from Haiti suffered a cumulative trauma disorder involving his back while performing his duties as a cleaner on a Royal Caribbean cruise ship. He then was provided with negligent medical care treatment. The jury found the cruise line accountable to the crew member. Verdict of 6.3 million

the link below shows maritime lawsuit settlements.

https://www.rivkindlaw.com/verdicts-settlements.html

But I do know who my attorneys would be. ?

That verdict was back in December 20, 2013. Please keep in mind that even thought that was the verdict for damages, I can almost guarantee that it was appealed.

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On 5/13/2019 at 5:48 PM, DublinFC said:

2 accidents of the same nature on the same activity (I don't think same ship) is not a good reputation to have.  I think the overall idea is great but I can see how people might shy away from it for awhile.

2 accidents? I thought there had just been one? I've obviously missed the second one.  Scary! My 2 boys are desperate to go on the skypad when we go on Indy later in the year but I think I'll be trying to dissuade them. ?

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2 minutes ago, Marmaduke said:

2 accidents? I thought there had just been one? I've obviously missed the second one.  Scary! My 2 boys are desperate to go on the skypad when we go on Indy later in the year but I think I'll be trying to dissuade them. ?

I think they have closed all of them until they have finished researching the issue.

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