First suit filed after Carnival Triumph mishap

The lawsuit, which was filed in Miami by a passenger from Texas, accuses Carnival Cruise Lines of negligence and fraud. She claims she was "injured by unsafe, unsanitary and generally despicable conditions" while onboard. NBC's Mark Potter reports.

A Texas woman was the first passenger to file suit, hours after the Carnival Triumph cruise that left about 3,200 passengers adrift was towed into Mobile, Ala.

Cassie Terry sought unspecified damages against Carnival Corp. in Miami federal court on Friday claiming she was "injured as a result of the unseaworthy, unsafe, unsanitary, and generally despicable conditions."

Terry also claimed a "breach of maritime contract, negligence, negligent misrepresentation, and fraud."

The cruise line has yet to issue a response. "We haven't yet seen the suit and are not in a position to comment," said Jennifer De La Cruz, a spokesperson for Carnival Cruise Lines.

The cruiser was hobbled after an engine fire broke out on the ship, leaving the passengers without power or working bathrooms for five days.

Mark Mazan, another passenger aboard the stricken ship, said he was less than satisfied with the crew.

"It was mistake after mistake after mistake, incompetence to a point I've never seen," Mazan told NBC's TODAY.

Not all agreed. Passenger Martha Vielhabe praised the cruise ship staff’s response to the crisis, calling them "absolutely fabulous and fantastic."

Passengers spoke of their five-day floating nightmare after filing ashore on Friday. Some said that that the corridors of the Triumph began to reek of sewage, and said they stood on long lines to get food. Others said they sought refuge from the ship’s overheated interior by sleeping on the deck.

Carnival Cruise Lines CEO Gerry Cahill apologized for the ordeal as passengers came ashore Friday. “We pride ourselves on providing our guests with a great vacation experience, and clearly we failed in this particular case,” he said.

Because the ship is registered in the Bahamas and the fire occurred in international waters, the official investigation is being conducted by the Bahamian Maritime Authority with assistance from the United States Coast Guard and the National Transportation Safety Board.

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This guy from Carnival acts and sounds so much like the BP PR man. They come out running and promising the moon to everyone until the media has left and then the will blame the whole thing on the passengers.

  • 1 vote
Reply#28 - Sat Feb 16, 2013 4:55 PM EST

(00)

    #28.1 - Sat Feb 16, 2013 7:57 PM EST
    Reply

    I can easily say that I have spent my time in a lot worse, considered to be the closest thing to hell. When I heard all the crying and va-jj pain, I laughed. I think it is sick that our country thrives off of idiotic law suits, constucted from the simplest things. But, every lawyer in Texas is going to be emailed the passenger list on that cruise. There will be a class action lawsuit against the company, and probably a big one.

    So, I can preach my "holier than thow" values, but if I was on that ship and constantly heard about the amount of money everyone else was going to get-- Then I do believe I get on board and be the person I talk trash about. I would also drive a Porche while doing so.

      Reply#29 - Sat Feb 16, 2013 4:58 PM EST

      I could relate to these people. Everyday when I finish sitting on the royal throne at home the entire room smells like someone died in there. I try to spray but it does no good. My poor wife smells it even with the door shut. If I ever have the runs it is even worse. No one ever offered me $500 after I am done. Mexican food and chili dogs are the really do the job on me.

        Reply#30 - Sat Feb 16, 2013 5:10 PM EST

        You should try crapping in glad bags and leaving them outside the door. :-)

          #30.1 - Sat Feb 16, 2013 6:02 PM EST

          Warren

          I would be arrested for chemical warfare. The skunks would have to hold their noses. No bag would be glad to receive what I do.

            #30.2 - Sat Feb 16, 2013 6:18 PM EST
            Reply

            I think the worst part about this ordeal is that they didn't send an empty cruise ship out to get the passengers immediately. I think it would've been better to cancel another cruise (to have an empty ship) and get out to the stalled ship within a day, and get those people on a safe, clean ship - before people had to start peeing in the shower, pooping in buckets and standing in long lines for cucumber sandwiches.

            Things did not have to get this bad.

            • 2 votes
            Reply#31 - Sat Feb 16, 2013 5:11 PM EST

            Transferring people from one ship to another while at sea is risky. Most likely would only be used as a last resort.

              #31.1 - Sat Feb 16, 2013 5:47 PM EST

              News agencies have stated that only in case of a sinking ship would they transfer passengers to another vessel. They would have to put them into lifeboats first and said it is a dangerous operation so they would never do it in this situation

                #31.2 - Sat Feb 16, 2013 7:35 PM EST

                And if YOU were on the cancelled cruise YOU would be the first whiner trying to get something for nothing like the rest of the sorry asses that infest this country anymore!

                  #31.3 - Sat Feb 16, 2013 8:00 PM EST

                  That makes no sense..where do you find that empty ship ? Cancelling another cruise ? How ? ships are on a super tight schedule, passengers disembark as others are embarking. You would ruin the vacation of another 3000 people and have them sue you as well ? "Sorry, we know you just travelled from Minnesota to Miami, but you cruise has been cancelled, we need your ship to recue other passengers". that would work really well..

                    #31.4 - Sun Feb 17, 2013 9:00 AM EST
                    Reply

                    I would hardly call conditions on this Ship "safe" by, oh let's say, the 3rd day without plumbing and central air? Yes, this industry is going to take a bigger hit than it thinks over this one.

                    • 3 votes
                    Reply#32 - Sat Feb 16, 2013 5:18 PM EST

                    I think most of the passengers will sue, and be represented in a class action. Serving Carnival is not a problem, and never has been. lol. The suit will be heard by the Court, and a damage award will be determined.

                    They will certainly win the case. The only issue is the quanity, or degree, of damage, and the monetary amount of that damage. Or, the judge could read this thread, and note the opinions of the would be lawyers and philosophers, and he COULD be swayed by your arguments. So, just pretend he's reading, and keep posting. :)

                      Reply#33 - Sat Feb 16, 2013 5:33 PM EST

                      you will be sorely disappointed, they're not gonna win much, if anything, nor should they..

                        #33.1 - Sun Feb 17, 2013 9:03 AM EST
                        Reply

                        She was having her cell phone charged on board so she could call an attorney to meet her at the shore! What took her so long? Does everyone think there is a pot of gold at every tragedy/mishap in this country? Greed is really ugly!!

                        • 1 vote
                        Reply#34 - Sat Feb 16, 2013 5:33 PM EST

                        Here is the contract you agreed to when you boarded the ship. It's basically like all cruise lines your fate is in their hands and you agree to their terms and conditions or you no cruisie LOL

                        "(c) Carnival has the right without previous notice to cancel this contract at the port of embarkation or any time during the voyage and shall thereupon return to the Guest, if the Contract is completely canceled, his passage money, or, if the Contract is partially canceled, a proportionate part thereof. Under such circumstances, Carnival shall have no further liability for damages or compensation of any kind."

                          Reply#35 - Sat Feb 16, 2013 5:42 PM EST
                          myname123Deleted
                          Reply

                          Awwwwwwwwwwwwa they didn't allow the link. Just google Carnival ticket contract...

                          • 1 vote
                          Reply#36 - Sat Feb 16, 2013 5:42 PM EST

                          Wow. As if there isn't enought stupidity in the story itself, I scroll down and read the comments and I can't believe some of the stuff people wrote. I wonder if people ever stop and read what they are posting, just to make sure that they don't look like asstards and meatheads...apparently not...

                            Reply#37 - Sat Feb 16, 2013 5:44 PM EST

                            Hell no, I don't want to look back at my pittiful life and think- damn i'm such a D-bag. I would develop a complex, then be medicated- get off the meds and then get fired from job. I would then plot and execute a well thought out oporder, that consists of killing everyone in my path. All because I read my own non-relevent post online- that was dealing with an issue that has no way on earth any relation to my life. Actually i'm going to go swallow a 12gauge slug right now- you have opened my eyes. There is nothing worth living for anymore.

                            • 1 vote
                            #37.1 - Sat Feb 16, 2013 5:52 PM EST

                            Except go on a 7 day, 7 night cruise to the Bahamas. I'm going to do that first, then execute my hand of death and destruction to all living scum.

                            • 1 vote
                            #37.2 - Sat Feb 16, 2013 5:55 PM EST

                            I would write a manifesto, but my roids would flare too much while sitting that long. I did read in some ignorant dog story- that cayane pepper is used to sooth the flabs on the bung. Just might do that one.

                            • 1 vote
                            #37.3 - Sat Feb 16, 2013 6:02 PM EST

                            I just realized my biggest obstacle is that I live in Texas, my plot for total death dealing would be cut short by some nazi with a concealed license, damn scum. Does anyone know the nearest state to Texas that has concealed carry bans?????? So I can execute my plan.

                            • 1 vote
                            #37.4 - Sat Feb 16, 2013 6:29 PM EST
                            Reply

                            The day it came in, CNN was checking everything to see if Carnival could be held responsible. In the ticket (about 5 pages of miniscule print) it says that Carnival cannot be held responsible for anything mental or physical. When you step on that boat, most of your rights go away.

                            And yes, in international waters, the rules change.

                            • 3 votes
                            Reply#38 - Sat Feb 16, 2013 5:46 PM EST

                            next time and there will be one ... Carnival Cruise Lines CEO Gerry Cahill should get his A#$ on the ship . Why not helicopter in box lunches and water....common sense....

                            • 1 vote
                            Reply#39 - Sat Feb 16, 2013 5:49 PM EST

                            Carnival should change their name to "CIRCUS"!

                            Carnival is giving passengers: full refund, cruise voucher, and $500 (probably to offset travel expenses).

                            With these payments on the table, will any judge or jury grant awards? Just a rhetorical question!

                              Reply#40 - Sat Feb 16, 2013 5:49 PM EST

                              I don't think the "small print" constitutes legal notice any more.

                                Reply#41 - Sat Feb 16, 2013 5:50 PM EST

                                I have cruised on many lines including several on Carnival. I cruise with my family as it is a very affordable and fun experience. Cruising is affordable and inexpensive for a family of 4; I like carnival, and like many of those people, my cabins are usually on the lower levels and would be subjected to all the problems many of those on the Triumph experienced. I certainly could not afford for my husband I to be out of work without pay for atleast 5 additional days, added expense of traveling unplanned and for longer than planned; the $500 would not have covered all our additional expenses of being out of work, boarding animals and flight change costs; the stress of missing work and family and the stress of my children having to deal with the uncomfortable conditions. I will still cruise and I will most likely still cruise with Carnival, but the ordeal and ruined vacation for those people breaks my heart for them; be sympathetic, they went on a cruise, not a camping trip in the woods- if they intended to have a 5 day camping trip after their cruise, they would have planned it that way..

                                • 1 vote
                                Reply#42 - Sat Feb 16, 2013 5:50 PM EST
                                myname123Deleted

                                You seem like a smart and compassionate person. Let me get this right...you correctly point out how horribly Carnival treated its passengers and you would go on a cruise again with them. I would rather sit with family members by a lake or an ocean port, bring a brown bag lunch and enjoy the day. I trust you don't allow other people to walk on your head. Be well

                                  #42.2 - Sat Feb 16, 2013 6:20 PM EST
                                  myname123Deleted

                                  I am sympathetic to those who truly did not know about their lack of rights at sea, or the despicable wages and hours of the workers on the ship, or the lack of regulations at sea. But now a lot more people know about the situation, and the kinds of conditions that create these kind of situations, so there is no more excuse for those reading about this. Check out REALLY920's comment #10.1--do your homework and due diligence, otherwise you are only enabling the kinds of conditions that contribute to this kind of situation.

                                    #42.4 - Sat Feb 16, 2013 9:59 PM EST
                                    Reply

                                    next time and there will be one Carnival Cruise Lines CEO Gerry Cahill should get his A&* on the ship....and why not Helicopter in Water and box lunch.....

                                    • 1 vote
                                    Reply#43 - Sat Feb 16, 2013 5:55 PM EST

                                    "Suppose you were an idiot, and suppose you were a member of Congress; but I repeat myself." Mark Twain

                                    Congress needs to open an investigation of the cruise line industry. Massive unreported crimes...you sail in international waters...ladies and gentlemen it is dealing with pirates. Carnival and others pick up passengers in US ports but fly flags from third world unregulated countries. It is so obvious that this creates a lawless environment to operate. But would Congress members from FL, TX or AK want to risk losing jobs in their state or contributions?

                                    Cruise lines are not legally obligated to report sexual assaults of children, or any crimes for that matter. Currently pending before the U.S. Senate is the Cruise Vessel Safety and Security Act, which will require - for the first time - that crimes be reported to the FBI and the U.S. Coast Guard (Cruise Law News)

                                    The passengers of this ship and the recent stranded Carnival ship in Indian Ocean were held "hostage" imho. The cruise business model works because the ships are too big and unsafe (google Costa Concordia or Carnival ships fires). Workers are mostly from foreign countries with minimal pay, no background checks and work for many months straight. Sick time is not paid for so ...sick workers show up for work. I can't help to feel this is almost like being an indentured servent. My guess the Carnival shills on this blog and on Carnivals FB page get paid more.

                                    If the lawsuits(s) can create a safer environment for the industry...isn't that what makes the world a better, safe place. My guess 99.99% of passengers never read the cruise line ticket contract. I have and you would never take a cruise with the one sided terms.

                                    It is all about cutting corners and making money...like tobacco, like selling booze to minors, or illegal drugs,etc... Sadly a Carnival worker out of London admitted to abusing children from November 2007 to August 2011...the list goes on...Congress please protect our citizens that either can't read or who are not informed of the dark and potentially dangerous cruise line business.

                                    Avoid Carnival and all other cruise lines until they feel the hit to their wallet and make sailing a safer environment. They will make less profits but lets not wait for a more significant event to occur...wait one did in Italy!!!! Hello

                                    read up

                                    • 2 votes
                                    Reply#44 - Sat Feb 16, 2013 6:09 PM EST
                                    myname123Deleted
                                    Reply

                                    In Africa there are 100's of child soldiers being killed daily, but a cruise full of spoiled pooh are a more important subject to debate and report. It still amazes me that people get upset when there is widespread hate directed against Americans. Eat and enjoy more ding-dongs and ho-hos, and become really fat- all while feeding your pets better, and more food than most on this earth.

                                      Reply#45 - Sat Feb 16, 2013 6:10 PM EST
                                      myname123Deleted
                                      Reply

                                      Oh well, we knew there would be a creature from under the rocks come out after this event and look at it as a meal ticket out of their section 8 and food stamp lives, because that would be the only type of low life to do what they have done as soon as they set foot on solid ground. Luckily, and they probably don't know this yet as their lawyer is an idiot, Carnival doesn't have one cent of liability in this case to anyone. They should have read their cruise contract. When will this stupidity end?

                                      • 1 vote
                                      Reply#46 - Sat Feb 16, 2013 6:29 PM EST

                                      Carnival will soon be changing it's name and filing bankruptcy, remember they also owned the Costa Concordia. I hope every passenger files suit, just for the unhealthy disgusting conditions. Smelling raw sewerage for a week and having to walk on it throughout the ship is more than anyone should have to bear. No electric?? no running water, come on these people were living in a pietry dish for over a week. Why couldn't they rescue these passengers???There should be plans in place for such an emergency.

                                      • 1 vote
                                      Reply#47 - Sat Feb 16, 2013 6:32 PM EST

                                      i believe it's petri dish..

                                        #47.1 - Sun Feb 17, 2013 9:11 AM EST
                                        Reply

                                        It wouldn't surprise me one bit if they outsource their maintenance just like the airlines. The Ship is flagged in another country also to avoid oversight but gladly take American passengers.

                                          Reply#48 - Sat Feb 16, 2013 6:36 PM EST
                                          myname123Deleted

                                          myname123,

                                          I am going to spend my leisure vacation time at Auschwits. I will drink a ton of polock beer, shave my head and roam the camp, with only my underwear on and my zac hanging out- while repeatedly yelling "LIAR", "LIAR". This will be awesome.

                                            #48.2 - Sat Feb 16, 2013 6:56 PM EST
                                            Reply

                                            Maybe we can have some fun with this. Let's convince CBS that next year's episodes of reality TV " Survivor" do not have to be filmed on some exotic island locale, like the Phillipines ,Tonga Palau, Fiji,or Vanuatu. We can just port the two teams on a crippled cruise ship and film away. " Survivor: Carnival Cruise ".

                                            It might even smack of reality.

                                            • 2 votes
                                            Reply#49 - Sat Feb 16, 2013 6:44 PM EST
                                            myname123Deleted

                                            Haha--and it would be the most realistic 'reality' show any TV station has ever aired!

                                              #49.2 - Sat Feb 16, 2013 10:05 PM EST
                                              Reply

                                              Things break. Fact of life. Has your automobile ever broken and stranded you on the side of the road? Has your home air conditioner ever broken, leaving you to sweat for days until the repair man arrived to fix it? Has your water heater ever broken, forcing you to take cold showers? Has the sewer line in your home ever become blocked, leaving you without functional toilets? Yes, yes, yes, and yes. Congratulations Carnival Triumph passengers, you just survived all four of these at once - but then you've experienced them all individually before.

                                                Reply#50 - Sat Feb 16, 2013 6:53 PM EST
                                                myname123Deleted

                                                In every one of those situations you mentioned, a person has several options in how to deal with it--whether it's go to a neighbor to ask to use the restroom, get out a fan to plug in and use, heat some water on the stove to mix with the cold water in the bathtub, at home there are a lot more options. I would feel more sympathy for the Carnival Cruise line if their policy, procedures, and how they treat their workers were up to decent standards.

                                                • 1 vote
                                                #50.2 - Sat Feb 16, 2013 10:42 PM EST
                                                Reply

                                                BTW, I've sailed Carnival, never experienced a problem larger than a long wait for an elevator. And I have already booked Carnival cruises in April and November of this year. No worries.

                                                  Reply#51 - Sat Feb 16, 2013 6:55 PM EST

                                                  Better go to eBay, there's probably a lot of tickets on sale now.

                                                    #51.1 - Sat Feb 16, 2013 8:51 PM EST
                                                    Reply

                                                    Due diligence..................I do believe they had to sign a release before departure.............

                                                    • 1 vote
                                                    Reply#52 - Sat Feb 16, 2013 7:01 PM EST
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