Quantum Windbag
Gold Member
- May 9, 2010
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The whole purpose of tort law is to put the injured person back into the position he was in before the bad thing some defendant did caused him harm, as far as money can do. The ginormous awards you hear of occassionally are punitive damages. Juries can award these extra funds, in some case, if they feel the defendant's conduct was so blame-worthy it should never be repeated, and so they want to punish the defendant.
I'd agree, lost wages for time away from work due to being trapped on that boat would be a measure of damages. But so would the costs of the trip, since it was not as advertised. Any costs associated with care for physical or emotional problems arising from the boat ride would also be awarded.
Awarding some sort of "pain and suffering" amount is common in cases like traffic accidents. I dun know what would be customary for being trapped on a cruise ship....I rather doubt there's another case just like this one. If it were an auto case, "pain and suffering" would usually run to about a third or a half of the damages to the car. Seems reasonable to add such an amount to these claims.
What about the cost of an irreplaceable window of time to enjoy one's family or friends? Suppose someone on that ship had assembled all the grandkids so their grandma could see them one more time, as she was dying? (I know...why would a terminally ill, elderly woman be on a cruise? But still, I'd expect at least a few such fact patterns to emerge.) What about the couples on their honeymoons, whose celebration of their new marriages was made hellish?
It seems to me that in some cases it is possible -- not likely, just possible -- the passengers' damages could be much higher than the straightforward wages plus cruise tickets costs.
If Carnival offers full payment of all these damages, I see no reason any passenger should sue. If they don't, I imagine they'll be sued in a New York minute. Carnival'd be foolish to risk trial, as then the plaintiffs might could make out a case for punitive damages.
Might.
Carnival's liability is clear as a bell and I do expect them to settle with everyone, but it is interesting to me how much hostility exists towards plaintiffs in such suits and how protective many of you are of Big Business. I'm not sure exactly how anyone here came to the conclusion that suing for damages from someone else's negligence is an immoral thing to do if the defendant is a Big Business, but clearly some of you have done.
Lost Wages?
It was a vacation trip that was over before it started. The cruise was supposed to last 7 days, and they were back in port before then. Lost wages is going to be hard to prove.