DCL Being Sued By Passengers on March 2020 Fantasy Sailing Who Got Covid

[tvguy]

Not sure if this an indicator but in the past few months covid related cases have been moving through the TV Judge shows and the rulings are all the same. It was a pandemic, and unforeseen circumstance.
But taking it a step further, I suspect even before the pandemic every cruise line had protections for them written into their cruise contracts. I think it will go nowhere

 

[PrincessShmoo]

The four plaintiffs retained the same Miami law firm

Hmmmm..... I wonder which "Miami law firm"?

 

[hnthomps]

Whether or not the suit has any merit (and I am not a lawyer, but it seems impossible to prove to me) isn't this the kind of thing large corporations tend to just settle to make go away? Give the family a bunch of money, admit no fault, etc.
(Of course, this is also why people keep bringing this kind fo suit)

 

[PrincessShmoo]

Whether or not the suit has any merit (and I am not a lawyer, but it seems impossible to prove to me) isn't this the kind of thing large corporations tend to just settle to make go away? Give the family a bunch of money, admit no fault, etc.
(Of course, this is also why people keep bringing this kind fo suit)

Disney doesn't tend to "just settle" to make it go away most of the time.

 

[FigmentSpark]

Since this was at the very start of the problem, the refund policy regarding COVID cancellations hadn't been set yet, so they were under the "normal" cancellation policy. At that time they would have a substantial penalty cancelling so close to the cruise. If they didn't purchase trip insurance that covered such things, that would have been their call.

They could have cancelled at any time, if they were so concerned. But there would have been a forfeiture of money, without insurance.

We were supposed to be on the next cruise. Tons of people were cancelling from our sailing, as rooms kept opening up. I think they'd changed their cancellation policy sometime in Feb.

Also, we weren't thinking that the disease had made it anywhere near Florida at that time. It was only later that people found out that it had moved well past the west coast. I know for myself, we were thinking that going on the Fantasy on the 14th would be find because the disease was still a world away. Naive and stupid, when I look back, but at the time, it made sense. I do feel like I dodged a Covid bullet by having ours cancelled.

 

[pjacobi]

I seem to remember that there were lawsuits about contracting Norovirus on cruise ships. I wonder how they were resolved?

-Paul

 

[tankin]

This is going nowhere... Here's a entry from the Cruiseline blog dated before they left (https://disneycruiselineblog.com/20...t-embarkation-to-coronavirus-threat-covid-19/)

It specifically says that you can cancel up to the day before and get a 100% credit....

Not only that... good luck proving you got sick on the ship and not on the flight down or in the airport or .... Remember that the burden of proof is on them.
My mom had every symptom of COVID, to include loss of taste and smell, in Dec of 2019. Antibody test in March said no. Having symptoms doesn't equal a definite illness. We also know that you can be asymptomatic and have it.

 

[MomOTwins]

This is going nowhere... Here's a entry from the Cruiseline blog dated before they left (https://disneycruiselineblog.com/20...t-embarkation-to-coronavirus-threat-covid-19/)

It specifically says that you can cancel up to the day before and get a 100% credit....

Not only that... good luck proving you got sick on the ship and not on the flight down or in the airport or .... Remember that the burden of proof is on them.
My mom had every symptom of COVID, to include loss of taste and smell, in Dec of 2019. Antibody test in March said no. Having symptoms doesn't equal a definite illness. We also know that you can be asymptomatic and have it.

Antibody tests are not very reliable though. I tested positive for the virus and my DH had symptoms shortly before me, but he didn't get a test at the time and later did the antibody test and it was negative. The doctor told us the antibody tests have 20-30% false negative rates. Your mom may well have had it.

I am inclined to believe these passengers got it on the ship. The virus was so much more widespread at the time that anyone knew. In a lot of parts of the U.S. it was more or less impossible to get tested back in March/April last year, even if you were hospitalized, due to short supply on the tests, unless you could prove you went to China/Italy/Washington state. A PCR test can detect infection weeks after symptoms subside, so it could be true that they caught the virus on the ship and still tested positive from that infection in April or May.

That said, they have zero claim because as so many others have noted, they had the ability to cancel with a full refund prior to the sailing. Having chosen to sail, they assumed the risk of infection.

Also, would love to be the lawyer cross-examining them on the fact they say they had symptoms onboard but apparently did not notify the cruise medical staff. They do not want to go in front of a jury with those bad facts.

 

[GooniesAndy]

They had all those symptoms on board and did not go to the infirmary? This is exactly why things are moving so slowly. People refuse to take personal responsibility ("oh, they forced me to take my immunocompromised child on a cruise and eat in the buffet and go to shows") and then refuse to follow policy and consider the people around them by quarantining and seeing the ship's doctor. Then they sue. I live in a tourist town, and I see these sorts of people all the time.

 

[otten]

They had all those symptoms on board and did not go to the infirmary? This is exactly why things are moving so slowly. People refuse to take personal responsibility ("oh, they forced me to take my immunocompromised child on a cruise and eat in the buffet and go to shows") and then refuse to follow policy and consider the people around them by quarantining and seeing the ship's doctor. Then they sue. I live in a tourist town, and I see these sorts of people all the time.

Yea if that is true and they did have COVID and spread it to other passengers they should be the ones getting sued.

 

[ChicosWife]

Disney doesn't tend to "just settle" to make it go away most of the time.

Good! I hope they don't settle and just to set a precedent, they should ban them from any future Disney cruises! It's too obvious, they are looking for a payday.

 

[ChicosWife]

Yea if that is true and they did have COVID and spread it to other passengers they should be the ones getting sued.

Good point!

 

[MomOTwins]

Good! I hope they don't settle and just to set a precedent, they should ban them from any future Disney cruises! It's too obvious, they are looking for a payday.

More likely they are trying to deflect their feelings of guilt after their kids wound up in the ICU. "It's not my fault, Disney made me do it" is probably the only way they can sleep at night.

Their lawyers, I'll grant you, are in it solely for the payday.

 

[rigs32]

This is why I wouldn't be surprised if vaccines were required to sail when cruising restarts. Having an outbreak on board would be the death knell for the industry.

 

[soniam]

This is why I wouldn't be surprised if vaccines were required to sail when cruising restarts. Having an outbreak on board would be the death knell for the industry.

Vaccination won't prevent infection, just limit serious reaction/death from infection. However, having people vaccinated will help reduce DCL's risk of operating.

 

[spiders]

Lol. The fear of losing money was greater than the fear of losing their lives.

 

[TeamRipper]

Lol. The fear of losing money was greater than the fear of losing their lives.

Sounds harsh, but I agree. And they don't deserve a penny of compensation.

 

[ChicosWife]

More likely they are trying to deflect their feelings of guilt after their kids wound up in the ICU. "It's not my fault, Disney made me do it" is probably the only way they can sleep at night.

Their lawyers, I'll grant you, are in it solely for the payday.

100% agree

 

[mmouse37]

Virgin Cruises CEO (who used to be DCL's VP and then President) was on GMA this morning and said Virgin will require guests to be vaccinated. He also said they installed technology being used in hospitals that kill any virus.

Virgin Voyages CEO discusses future of cruises after COVID (yahoo.com)

MJ

 

[noahsmom]

People just don’t want to take responsibility for their actions, it’s sad. No one forced them on the ship. They risked their child and themselves. Sad.