Couple Will Sue Royal Caribbean

Published by Darron Toy on

hi everyone its dawn and I hope you're having a fantastic week well I really didn't want to have to cover this story until all the facts came out but some recent developments happen and I'm getting a ton and ton of requests asking me to make comments on it and perhaps reach out to a lawyer which I've done I've reached out to some lawyer friends of mine who often help me out with some of these situations to see the actual legal aspects and so we're gonna have to delve into this just at least one more time once again I just want to state by completely commiserate with this family no one knows how you will ever react and your feelings going through a kind of a situation like this I cannot fathom going through their situation right now no one knows exactly how you will react in any situation in an emergency if there's a fire in your house everyone says oh well I would get people and I would rush out and I would rescue P no one knows you don't know how you're going to react until you actually live through it it is completely different I've seen it I lived through it myself I know exactly it you know I used to be a first-aid responder as well I've seen huge head injuries where the head was cracked open and blood and things were everywhere and people around just froze and a few people reacted and said you just don't know you just do not know so no one can put themselves in this these people's place and so I'm not saying this at all with any disrespect whatsoever I do not know I think I'm a exactly do exactly what they're doing so I'm not trying to I don't want to send any ill feelings towards this family at all I'm just trying to the situation from both sides of the coin if you know what it means so first off we all heard the reports the Father grandfather was dangling the child out through the open window Bennett came back saying though that he wasn't doing that he actually sat the child down on the railing thinking there was glass through the whole wall and stepped away and the child fell through and here's where a lot of legal issues come through the argument for the lawyers is going to be that royal kibriya Caribbean did not have the proper safety precautions there was no signs they did not have the open window blocked off why was there an open window on the 11th floor of a cruise ship etc etc they their argument has to be according to my friends lawyers that it is reasonable to assume that these safety precautions would be there but then they say the argument goes from the the Cruise Lines point of view and their point of view was who would logically expect somebody put their child near an open window up on a railing and leave them unattended and even if the excuse is I thought the windows were closed I thought it was safe why did you lift a child and set them up on a railing over the floor a year and a half year old and then step away there's still a chance for that child to fall and injure themselves just because the child went and it went to the extreme doesn't negate the fact that you put the child originally in danger by your actions and this is what the lawyers are saying is going to be in at the defense and that that's only if everything that the grandfather is saying is true if it comes back that they were the grandfather was anywhere near the window with the child then it will become negligence or worse and so until though that film footage comes back and Royal Caribbean has released all the closed-circuit TV to the San Juan police and investigating they are doing all the investigation and they're looking at it from multiple angles they said they look they're looking at cruise negligence they're looking at it as just possibly a bad accident they're looking at it as neglect from the grandfather's point of view so there's all you know charges could go in any direction but as I talked the lawyers they said it's going to be very very hard to prove wrongdoing here because the onus becomes on the family and that one argument of who would logically expect them to put their child up on a railing in the first place comes into effect and the pair of the family always says well you know she goes to her brother's hockey games and she bangs on her glass and that's what she likes to do okay but the pictures they show of her doing that the glass is on the ground and she's standing on ground she's not sitting on a railing by herself there was a problem there that could be the downfall of this whole case and the warning here is I know you're looking for answers and you're staying you don't want anyone else to have to ever go through this well just just this whole case in in itself will probably bring about some changes so that's kind of going to be covered many people have heard this story and will remember it whenever they're traveling with their child honest so this whole lawsuit to save other people really isn't really the issue putting onus and blame on Royal Caribbean seems to be the issue and again I can't read their minds but if you know I know they think they're doing right for everybody but when the reality hits the do right for everybody's kind of already happened and kind of already being looked at so the continue the lawsuit I'm my biggest fear for this family is that they've gone through horrible horrible tragedy and now they could end up with a huge financial debt because lawyers aren't free and there is a high possible picture this their an individual family suing a billion-dollar corporation who can litigate the longest who has lawyers on staff 24/7 the big company that's why it's hard to sue huge companies it does happen Royal Caribbean has been sued before other cruise lines have been sued before but it's usually on something very provable very substantial as a huge cause you caused this injury because of this you know something fell on somebody on the cruise ship glass broke open into person this kind of thing the ride broke and somebody fell from the ride and hurt themselves those are easy to prove this one there's a lot more you want nuances involved and I just want to say I I hope the family gets through this and finds at least some peace and resolution in this this is like I said it's the worst story I've ever had to cover on this channel and I'm just trying to do it as I said on both sides of the coin and I think there's probably a little bit of blame to go around on both sides but whether or not that blame can be actually monetized in a court of law and doesn't end up costing you way more just personal finance and personal hardship I just I don't know I I hope they they say wait to sue until the video evidence comes out and everything is seen before they at least go forward with that if they start going forward with the lawsuit and then you know depositions and stuff like that the costs start rising exponentially and it can be a mess and it may be too late to turn back well there you go that's what some lawyer friends of mine saying this is going to be the family stance and then the lawyers will you know fight back with well why did you put her up there to begin with well I thought there was glass it yeah but why did you put her up on a railing why did you set her by herself on the railing and it's a grandfather compact oh no I was holding her well if you're a holding her by the railing and you let her go it's your negligence you see how hard it gets it's just it's horrible it's absolutely horrible let me know what you guys think down below do you think they're right pursuing Royal Caribbean do you think it's three kind of talking do you think I don't know I'm worried for the family you know going through day after data they have to day months and months and months of litigation reliving this over and over and over again how do you get all this with that happening how do you find closure when you're reliving it all the time and then at the end if you don't win and you're stuck with thousands and thousands of dollars of legal bills besides this it could just be devastating so I hope them the best I really do and I hope they can fly in closure let me know what you guys think down below I hope you appreciate this news update if you did please give it a thumbs up you want to see more tips more tricks more travel vlogs from around the world hit that subscribe button until next time have yourself a safe and a great vacation


Randall Stewart · July 30, 2019 at 11:28 pm

At best, the parents are seeking emotional relief from their negligence; at worst, they are in it for the money. Their lawyers are in it for publicity, and money in the remote chance the Cruise line pays a nuisance settlement, as there is no chance they win money in a full litigation. By trying to litigate this on TV rather than in Court, the parents have guaranteed that it will play out in Court, and the TV folks will be there to magnify their dismissal and negative appearance in the end. As for paying the lawyers, this is a contingent claim which is paid out of "winnings". Their law firm is based in Miami and specializes in suing cruise lines for whatever. This is just cheap advertising for the film. .

Trina B · July 30, 2019 at 11:28 pm

I really feel sorry for the family. However, this is pure negligence by the family. I get them wanting to find someone else to blame but this is entirely the fault of the grandfather. I don’t care whether the window was open or closed…. it’s very irresponsible to put that child in the window!!

Mec Arevalo · July 30, 2019 at 11:28 pm

Prayers for the family, for what must be a terrible time. I hope they can get counseling.

I like how you offered a very objective take on the entire issue, especially the bit about having to relive the entire thing again and again and again.

Glen Boniface · July 30, 2019 at 11:28 pm

The grandfather needs to accept the responsibility for putting the child in danger.

louise petrilli · July 30, 2019 at 11:28 pm

I think that will not help at all,those lawyers can drag this for years and drain the family out of money energy,this is so terrible and so sad

Pascale Smith · July 30, 2019 at 11:28 pm

This is beyond ridiculous.

mike jones · July 30, 2019 at 11:28 pm

nets are cheap

Amanda Young · July 30, 2019 at 11:28 pm

I think this compares to the McDonald’s hot coffee spill on the lady. Everyone thought the same thing about her but once the whole story was out, it made sense and she forced a change that helps us all. Similar thoughts: she was looking for someone to blame, was not willing to take responsibility for self; the attorneys are just trying to make money; it never happened before so it can’t be the fault of McDonald’s; it is common sense. But what was not told right away is that she had significant burns very sensitive area of her body, it was not just her legs but her private parts too, she had to have skin grafts and was physical disabled for years. She asked for about $2000 to pay for the co pays and McDonald’s refused. McDonald’s own research was against them in court and she did not end up a millionaire as people thought. We don’t know if the cruise ship knew the window was a hazard, perhaps they have letters or complaints from others and they chose not to do updates due to $$? We don’t know and it is not like the cruise line will up and tell all! Basically we do not know the facts and we do not know if there is more to it. Also as far as this story already having an impact, how long will that last? People has short memories. PS, love your videos

ut creed · July 30, 2019 at 11:28 pm

The family should drop the lawsuit to save the grandfather from a deposition. Those lawyers will tear him to pieces and any guilt he feels now will only get worse.

Sharon Baxter · July 30, 2019 at 11:28 pm

terrible , but the grandfather is at fault , not the cruise line.

Emily Archer · July 30, 2019 at 11:28 pm

AGAIN DON! I AGREE WITH YOU about the grandfather handling the grandchild! i hope the family can find closure too!

jhsplaya · July 30, 2019 at 11:28 pm

Keep up the great videos! Best place to get my cruising news!

Matt Rost · July 30, 2019 at 11:28 pm

In the same manner that inedible consumer products now contain the warning, "not for consumption", cruise ships will soon have covered outdoor areas, and windows that don't open. Want some fresh air on your cruise? Sorry….. I feel that in this sad situation, the grandfather should accept responsibility and this family should apologize to Royal Caribbean.

Joan Slighte · July 30, 2019 at 11:28 pm

I appreciate the way you are reporting this situation. There is no winning.

Melody Making Melodies · July 30, 2019 at 11:28 pm

Why didn’t he just leave her on the floor to look out the window. Who the heck places a child on a rail and walk away. She could have fallen backwards. I smell seafood… something is very fishy about this story… I think the grandfather is negligent. Okay if he sat the child on the ledge face forward where were her feet hanging? Out the window… They are going to lose… the cruise line is going to fight to the end. Sad, sad story

Anthony Hawkins · July 30, 2019 at 11:28 pm

He’s a damn moron. You never leave a toddler unattended especially somewhere like that. He’s an ass. Literally

Team Julie against Ovarian Cancer · July 30, 2019 at 11:28 pm

As bad as the situation is, no matter who opened the window, the grandfather is still at fault. My god, I always tell people to STAY OFF THE RAILINGS, your going to fall and get hurt. It’s a common sense situation, and common sense from the ADULTS, wasn’t used.

John Morgan · July 30, 2019 at 11:28 pm

Hopefuly, a court case will throw some light on the facts. Shame it has to go so far.

William Dawson · July 30, 2019 at 11:28 pm

I said it before as soon as it got out to the masses. RC. Is not responsible for the Grandfathers actions he was ether Drunk or Stupid. The family went for the money before the child was even buried.

Betty Banks · July 30, 2019 at 11:28 pm

Prayers for this family.

alexi anderson · July 30, 2019 at 11:28 pm

i took my 6 year old on a cruise and was terrified by the thought of her falling off the ship. Do you know what i did?? i kept an eye on her at all times!! She was never out of sight of myself or the Kids club staff! This is absolutely NOT due to negligence on the part of Royal Caribbean. We all know that the windows on the pool deck get opened and you can see they are open and feel it. They made a huge mistake they have to live with, but blaming and suing Royal Caribbean is not going to make it any better.

Billy Sparks · July 30, 2019 at 11:28 pm

As someone that was in a support position at a law firm that handled lawsuits for a Fortune 500 company here are a few things to think about. First off the lawyer filing the suit was voted a super lawyer by a legal society. His firm has won several large settlements against cruise and shipping companies. Second these types of cases are taken on a contingent basis meaning the family has signed over most of any settlement to the law firm. They must feel there is enough money for them to win big enough to make it worth there time. Because the case is contingent basis they are probably not paying the legal bills or only a portion of them.

S W · July 30, 2019 at 11:28 pm

No way would you put a child up on the railing

Nick Trow · July 30, 2019 at 11:28 pm

No idea how the blame can be shifted! Whoever was looking after the child at the time was responsible for keeping the child safe, it really is as simple as that. If just a bit of common sense was followed then none of this would have happened. Such a preventable tragedy! Thoughts and prayers to the family and friends of the little one.

Daniel Zielke · July 30, 2019 at 11:28 pm

The family didn't want to spring for a sitter back in South Bend, so the 18 month old was given over to the granddad to watch and take responsibility for her.    Ironically, when you ask somebody why they drag a toddler along on an adult pleasure cruise, rather than leave them home with a sitter, they will say, "We just don't trust  a sitter to watch after our  child."   Which is just an excuse to disguise their cheapness in not wanting to pay somebody else.   Sad to say, but its the truth.

Al Gray · July 30, 2019 at 11:28 pm

Hey Don, one other note, at all theme parks, as you walk through the queue lines, you are not permitted to sit on the railings. These are about 4 feet off the ground. There is a reason they do not let you sit on this narrow railings let alone stand on them. Doesn't make sense.

Al Gray · July 30, 2019 at 11:28 pm

Hey Don, thanks for putting out the video in a non-bias format. It is just an horrible event but at the end of the day, the family is looking for blame for closure. Placing a child at that height and having her fall on a wood floor (deck) could have caused serious damage. That is why we have children wear helmets for skates and bikes. Who would they blame for that? While growing up, a close friend of the family, backed over his grandson. A horrific accident he never forgave himself for and he took to his grave. He didn't blame GM.

Vicki Manning · July 30, 2019 at 11:28 pm

I read from a news report that the father started snapping pictures of the scene right after the precious child fell. Is this a true report? Not ships fault. I just can’t comprehend how the grandfather thought this was ok to do. So sorry for all involved.

John M · July 30, 2019 at 11:28 pm

I can't see how Royal Caribbean are to blame. Unfortunately, ambulance chasing lawyers can convince distressed people to sue.

Sharon C · July 30, 2019 at 11:28 pm

If they hire a personal injury attorney they usually don't charge unless they win the case.

Diana Bridgman · July 30, 2019 at 11:28 pm

Am I the only one who finds it unexpected and unusual that any multi-story building or other structure would have windows, which are able to be opened, devoid of a screen? And a strong immovable screen at that, which screen being included on the inspection schedule.

KIMMIE LOU · July 30, 2019 at 11:28 pm

Suing is not the answer or the closure they need to be searching for I believe the family feels if they win that lifts a huge guilt off the grandfather but in reality they are hurting us all that love to cruise, prices are going to keep going up more and RC might start having so much caution that it will not be pleasant. My heart goes out to the family but they are not doing right by blaming RC when RC has done more then expected for this family. I do think the family will loose this case.

Jodi G from FW, TX · July 30, 2019 at 11:28 pm

Sad story. I'm afraid Grandpa was negligent here, IMO.

Who I Am · July 30, 2019 at 11:28 pm

People have asked, how could grandpa, who clearly TREASURED the little girl, be so stupid – was he drunk? Well I reply “something like that”. I personally have experienced this: it’s finally here – that fabulous cruise with the whole extended family, we just arrived on this beautiful ship an hour ago, and you are actually high. Not drunk, but it’s the euphoria of the endorphins running through your brain and honestly, you feel so great you forget that anything could ever go wrong: vacation has just begun and I am on top of the world. That’s how I make sense of this. Grandpa is not a criminal. Yes it was negligent, but you can see how the unthinkable happened to this unfortunate family. Was feeling so good he let down his guard. So “high” he couldn’t tell if window was open or closed. If he’s lucky, girl falls backward but survives. But he was unlucky.

But now enough time has passed that the family needs to reconsider this lawsuit. It will drag out their pain, and really makes them look like villains grabbing money. If you want to sue the real culprit, sue God for putting endorphins in our brains. My 2 cents…

Jo Pike · July 30, 2019 at 11:28 pm

I feel that it is a terrible situation. I feel it was a bad accident.

Monique Ince-Ransom · July 30, 2019 at 11:28 pm

I feel they are both at fault.. RC for having a window open but more the family for putting the child up there where they shouldn't be. A law suit won't bring the child back. I would have sat down with RC and point out the importance of all windows being closed in common areas. Accidents happen I just don't understand why everything has come to money. RC should pay for grief concealing for them. They are going to need that and marriage therapy. I can tell you one of these parents is more likely to go deep into depression.

Mother T · July 30, 2019 at 11:28 pm

Hindsight is 2020. As a grandmother of a 1 1/2 year old boy I totally get how dishearten this situation is. I really do not think they will win and they will lose time and money in the process. Thanks for sharing.

4487sean · July 30, 2019 at 11:28 pm

When those windows were installed (as they SHOULD have been) the cruise line did not anticipate a negligent adult not paying attention to the fact that there WAS a window there!
I know it’s awful for the family to realize that said adult is the ONLY one to blame, but that’s what needs to happen here!

p · July 30, 2019 at 11:28 pm

The fault clearly lies with the Grandfather. It's the same as If the Grandfather placed the child on a table and the child falls off and injures his head, the fault lies with the Family. Anger and blame are emotions that are easier to deal with than grief. The safety railing is NOT a chair. There's a reason the railing is there. Railings are NOT CHAIRS. I don't want anymore blockages, rails, walls, plexiglass, or anything that prevent future common sense passengers from taking advantage of UNOBSTRUCTED views or open sea air breezes because of a few clueless passengers. I like the breeze that comes through in this shaded area on Sea days. It's relaxing and comfortable as I have been on the Sister ship and it is so nice. I would hate it if Royal blocks it all off. It will become rather humid and the floor deck will become dangerously slippery from the humidity. This is NOT the cruiseline's fault.

Gabriela Martinyuk · July 30, 2019 at 11:28 pm

Grandpa is an idiot ! Stupidity is major here. He’s a murderer. Negligent and stupid. Take responsibility! It’s not the cruise lines fault !! Duh. Don’t put anyone on a railing near a window – especially not a little child!! Major stupidity.

Maggie Matthews · July 30, 2019 at 11:28 pm

I read that the mother believes there were "a million things" that could have been done to make it safer for her child. I doubt the truth of that but it stacks up poorly against the ONE thing the grandfather could have done … keep tight hold of the child he balanced in a very precarious position on a rail.

Jeffrey Chin · July 30, 2019 at 11:28 pm

Idiot grandpa's fault

gerod42 · July 30, 2019 at 11:28 pm

Sad Situation…

Jim Tyndall · July 30, 2019 at 11:28 pm

I wonder if the grandfather's mental state was such that he should not have been left to care for the child. For example,could he have dementia or other disease?

t lodge · July 30, 2019 at 11:28 pm

I think its grief. The reality if , especially the Mother, doesn't blame the ship then she has to accept that her Father killed her baby and I don't know if that's something she can handle. I think mentally and emotionally there's a easier coping if she can say it was the cruises fault.

Lucia D · July 30, 2019 at 11:28 pm

I want to add, Don you are a darling guy, and your videos are very appreciated. Not just for cruisers, but for any travelers.

Ed Morris · July 30, 2019 at 11:28 pm

Appalling situation. Sympathy for all concerned. Thanks for your calm and reasonable assessment.

Vaedra Mercier · July 30, 2019 at 11:28 pm

I appreciate your comments. Sad all around

Susan Saldibar · July 30, 2019 at 11:28 pm

I think the lawsuit may serve a double purpose: 1) to position a counter to possible charges of negligence against the grandfather which is a real possibility and 2) to help counter the questions of guilt among family and friends. A lawsuit, in many ways, puts the grieving process on hold and gives the family solid actions to take. Being alone with this untenable grief and doubt about the grandfather would be overwhelming. A lawsuit, as odd as this sounds, gives them something to hang on to, puts them on the offense, not the defense.

Lisa Immes · July 30, 2019 at 11:28 pm

This is a terrible situation, no matter how you look at it, However, with that being said, the grandfather placed her onto the railing, at a wall of windows; she would not have fallen if that did not occur. So very sad.

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