Legal Question in Personal Injury in California
I just returned from a 7 day cruise to the Mexican Riviera. When I arrived at the port, there were a dozen firetrucks and ambulances treating passengers for norovirus who were debarking following a 15 day cruise from Florida. It made the major national and international news as hundreds of passengers were violently ill. Rather than cancel my cruise the cruise line merely delayed the cruise for a few hours while they "sanitized" the ship. On the second day I become violently ill with the norovirus and was bedridden for 2 days. I was too ill to make it to my first of three stops in Mexico. A couple of days later my 10 year old son became violently ill too and he missed the second stop and my wife remained to care for him. The Captain announced that "a lot of passengers had become ill with gastrointestinal issues". Crew wearing haz mat suits were constantly wiping down walls, cleaning up vomit in the dining areas and throughout the ship. I took pictures and reported our illness to the cruise line. Am I entitled to a refund or a credit for their negligence?
1 Answer from Attorneys
You've got nothing to lose by asking. But once you do that yourself, and they answer, that decision makes further 'negotiations' and claims rather pointless. Your travel contract fine print specifies what limited rights and remedies they claim you have. As lawyers, we tend to disregard the fine print in such self-serving company disclaimers when our clients are injured and want us to sue.