Carnival’s journey through legal waters may avoid the brunt of the storm

When an engine room fire crippled Carnival's Triumph cruise liner earlier this month, causing it to lose power and eventually make its way back to port via a slow, grueling towing process, it didn't take long for a flood of lawsuits to emerge, all claiming that the event was emotionally scarring.

However, in terms of asset protection, Carnival may actually be in good shape, even though its disabled cruise ship left passengers to deal with four days of terrible odors, food shortages and sewage overflows. According to Jim Walker of Cruise Law News, Carnival's corporate liability protection in this case holds up due to the legal conditions outlined on the cruise ticket, which customers – often unknowingly – agreed to when they purchased them, save for instances where passengers were actually sick or injured.

"The problem with allegations like these is that they are excluded by the terms and conditions of the ticket issued by the cruise line," Walker wrote on his blog. "Experiencing psychological distress or being afraid of getting sick are not a basis for a lawsuit unless there is a physical injury or actual physical illness."

The biggest issue that prospective plaintiffs will face is the fact that, despite the way that a cruise vacation is portrayed, the Carnival cruise ship is still in essence just a ship and, by eventually taking its passengers to its destination, served its purpose – by definition. To Carnival's credit, it is going beyond what is legally required to make the whole ordeal up to their customers, offering full refunds and $500 toward another cruise with the company.

It's recommended that companies in Arizona seek small business legal advice in order to ensure that they're properly prepared for this type of incident. A Phoenix business lawyer is a solid way to sure up a company's legal defenses.

Categorised in: Asset & Liability Protection

This post was written by