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Old 05-14-2012, 06:24 PM
 
Location: Tennessee/Michigan
24,356 posts, read 29,058,012 times
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Post Castaway sues Princess Cruises over rescue failure.

A Panamanian fisherman who survived 28 days adrift in the Pacific and watched two companions die is suing the owners of a cruise ship that sailed past.

Adrian Vasquez has filed a lawsuit in Florida alleging negligence by Princess Cruises, his lawyer said.

BBC News - Castaway sues Princess Cruises over rescue failure
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Old 05-14-2012, 08:40 PM
 
Location: Viña del Mar, Chile
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Everyone looking to make a buck
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Old 05-15-2012, 05:16 AM
 
22,145 posts, read 28,896,602 times
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Actually I think he's got a good case. International Maritime Law mandates that any and all ships stop and offer aid to boaters in distress. A crew member was informed of the fishing boat and even saw it, and failed to make the proper notifications which resulted in dire physical and mental distress.

Had the cruise ship never seen him it would have been a different story. But they did see him, and someplace along the line there was a breakdown in either communication or command which caused the loss of human life and great suffering by the survivor. They need to be held accountable for their actions.

It's unfortunate that the passenger who saw the fishermen wasn't more proactive in informing additional crew members once they realized the ship wasn't stopping. If it had been me I would have continued up the chain until I found someone who would respond.
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Old 05-15-2012, 02:34 PM
 
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I heard this story, told from the point of view of the passenger who saw the fishing boat and informed the crew.

If that person's story holds up in court- the cruise line should be made to pay big time.

My understanding is that it is part of the law of the sea that you must offer aid in an emergency unless it endangers your own vessel.
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Old 05-15-2012, 02:54 PM
 
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The cruise line is not saying they did not follow the laws of the sea. What they are saying is that their was mitigating circumstances that may lessen their liability and responsibility as their failure to render aid was unintentional. The bridge crew, due to a breakdown in communications, was never told of the problem and didn't even know that an emergency existed. It wasn;t like they ignored the emergency, they simply didn;t know one existed.
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Old 05-15-2012, 05:38 PM
 
22,145 posts, read 28,896,602 times
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Quote:
Originally Posted by PacificFlights View Post
The cruise line is not saying they did not follow the laws of the sea. What they are saying is that their was mitigating circumstances that may lessen their liability and responsibility as their failure to render aid was unintentional. The bridge crew, due to a breakdown in communications, was never told of the problem and didn't even know that an emergency existed. It wasn;t like they ignored the emergency, they simply didn;t know one existed.
The cruise line is still responsible for that breakdown in communication.

If someone on board fell and cut themselves severely and the doctor wasn't notified because of a communication breakdown and the person died from blood loss it would be no different. A business is responsible for the actions of their employees, whether there was intent to commit a tort or not.
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Old 05-17-2012, 05:59 AM
 
18,733 posts, read 20,523,298 times
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Quote:
Originally Posted by annerk View Post
The cruise line is still responsible for that breakdown in communication.

If someone on board fell and cut themselves severely and the doctor wasn't notified because of a communication breakdown and the person died from blood loss it would be no different. A business is responsible for the actions of their employees, whether there was intent to commit a tort or not.
An easy way for an unhappy employee to screw over their employer...
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