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Post by tyty on Mar 28, 2006 16:30:19 GMT -8
I think some people here are perhaps being a bit callous to those who were on the ferry and now plan to sue. [snip] If Klatawa Teen and tyty had just lost their life's possessions and had the scrap scared out of them by (possibly) a ferry crew literally asleep at the wheel, would they just throw up their hands and say, "oh well. Ticket says I'm out of luck, so I guess I'm out of luck"? No, I wouldn't... and I never suggested anything like that. All I'm saying is that with investigation still going on it's unlikely this suit will go anywhere. Obviously I would be frustrated if I were in these people's shoes. And I feel for them, I know their niece and she was telling me the family has taken this pretty bad. So please, don't get me wrong. I'm not heartless, I'm not some guy that is here simply to 'stick up for the ferries', I'm just trying to be realistic. And as far as I can tell, this is where the perspective the rest of the doubters on here are coming from. |
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Post by NMcKay on Mar 28, 2006 18:31:08 GMT -8
because i worked for a ferry service. and saw what the law said. (we had/have a similar conditions of cartiage) and unfortunatly ive seen pax who have gotten stuff broken or damaged on the ferry. and yet the conditions of cartage removed all liability from us.
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Neil
Voyager 
Posts: 7,307
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Post by Neil on Mar 28, 2006 21:30:05 GMT -8
If you fall and break your neck during the course of regular skiing at a resort, the operator is probably not liable; however, if you plummet to the ground off their gondola because it was improperly, negligently maintained, they certainly are. If goods are damaged during normal transit on a ferry, the ferry co. might not be liable; but if negligence on their part causes damage, injury, or death, the company will probably get their butts successfully sued off. Of course, at this point, I'm still hoping that SOMETHING will turn up to indicate that people weren't as liable as they seem to be right now- a steering malfunction or something, but I would imagine that BC Ferries accountants are beginning to make at least tentative moves to locate where the cash for payouts might come from if things go against them.
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Post by NMcKay on Mar 28, 2006 22:27:47 GMT -8
no where in there did you discuss the fact that they are mainly suing for lost possesions.....
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Post by Dane on Mar 28, 2006 22:59:45 GMT -8
no where in there did you discuss the fact that they are mainly suing for lost possesions..... Their lawsuit is pretty clear. This is quite literally the 'text book' intro to civil law case of liability do to negligence. |
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Post by NMcKay on Mar 29, 2006 11:52:38 GMT -8
except the judge is going to look at that. and see that they really just want monies for thier lost possession. ie the main reason for the lawsuit. no one got hurt, and the evacuation according to the TSB was to code.
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Post by dane at school on Mar 29, 2006 14:19:51 GMT -8
That's irrelevent, really. I understand what you're saying, but the J won't care.
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Post by sadmediaclown on Mar 29, 2006 15:56:45 GMT -8
Sounds like someone is sticking up for BC Ferries...Sad.
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