So much for hero US sailors....

shack
shack Posts: 11,154
edited April 2009 in The Clubhouse
Maybe I was naive...but I didn't expect this...

He's safe and home...but I guess he wants a windfall....

I know he is just a cook...but still...

http://news.yahoo.com/s/ap/20090427/ap_on_re_us/piracy_lawsuit
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Post edited by shack on

Comments

  • thsmith
    thsmith Posts: 6,082
    edited April 2009
    What is asking for seems fair to me. Safety meeting for 3 years making recommndations and in light of what has been going on with Pirates I would say his lawsuit is not frivolous.

    $75K and safety measure on ships againest pirates.
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  • Hillbilly61
    Hillbilly61 Posts: 702
    edited April 2009
    He's actually not asking for that much money, as far as lawsuits go. Still, that doesn't excuse asking for money. If anything good comes out of this, maybe the large shipping companies will be compelled to provide some protection. The crews are getting orders to go into some real dangerous places and the companies are refusing to provide protection to the crew. IMO, they are only paying ransoms to obtain the release of the cargo and ship. The crew is expendable.
  • cfrizz
    cfrizz Posts: 13,415
    edited April 2009
    Seems fair to me as well. The only way to bring this out into the open is for something like this to happen. Otherwise these companies just don't give a damn.

    File a class action lawsuit & suddenly they sit up & take notice because everyone & their brother is now asking them why they won't make these reasonable changes.
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  • polkatese
    polkatese Posts: 6,767
    edited April 2009
    or perhaps, give them "combat pay" for the crews who are scheduled on those ships sailing through the danger zone.

    $75K is nothing, by the time he pays the legal fees, it'll be more like $20K gross minus tax. I doubt money is the motive, rather, to push for implementing the safety measures. But then again, what do I know.
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  • ryanjoachim
    ryanjoachim Posts: 2,046
    edited April 2009
    If some dumb broad can get $1m+ (I think it was that much) just for spilling coffee on herself at a McDonalds...this guy is only asking $75k, which I think is mostly motivated by the fact that he might have lost his profession because of this.

    I think he's doing the right thing imo.
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  • dkg999
    dkg999 Posts: 5,647
    edited April 2009
    I noticed the Italian cruise ship that was attacked had armed Israli based private security forces onboard. I would of thought there would be more international issues with armed security forces on a cruise ship than on a cargo ship? Maybe if the cargo shipping lines boycotted all ports that didn't allow their crew to have weapons "on" the ship (ie not carried off the ship onto land!) the problem would be quickly remedied.
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  • shack
    shack Posts: 11,154
    edited April 2009
    Problem is that the sailor may not be as "reasonable" as one might think. There are limits to these types of lawsuits based on the fact that he must be able to prove damages. There are no physical damages, he is still able to work so what exactly has he lost other than 12 hours of being scared? There may be some mental anguish and that is obviously what he is suing for. The job has inherrent risks PLUS he has some difficulty since If he has been trying to get better security for three years...HE KNEW THE DANGERS...and still chose to sail. He could have signed on with a ship that was not sailing in those waters. Some jobs just have risks and they can't always be removed. As much as everyone may feel sorry for they guy...$75K may be at the limit of what he could hope to recover.
    "Just because you’re offended doesn’t mean you’re right." - Ricky Gervais

    "For those who believe, no proof is necessary. For those who don't believe, no proof is possible." - Stuart Chase

    "Consistency requires you to be as ignorant today as you were a year ago." - Bernard Berenson
  • cfrizz
    cfrizz Posts: 13,415
    edited April 2009
    It isn't about the money Shack, I doubt he cares, this is about bringing this situtuation some much needed attention.

    But there is also the possibility that other sailors might get the same idea which will hit the companies where they live.

    Thereby forcing the companies to do the right thing or bringing about intervention from governments to help keep these men safe.
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  • shack
    shack Posts: 11,154
    edited April 2009
    cfrizz wrote:
    It isn't about the money Shack, I doubt he cares, this is about bringing this situtuation some much needed attention.

    But there is also the possibility that other sailors might get the same idea which will hit the companies where they live.

    Thereby forcing the companies to do the right thing or bringing about intervention from governments to help keep these men safe.

    Maybe he is that altruistic - but I still think it is about the money.
    "Just because you’re offended doesn’t mean you’re right." - Ricky Gervais

    "For those who believe, no proof is necessary. For those who don't believe, no proof is possible." - Stuart Chase

    "Consistency requires you to be as ignorant today as you were a year ago." - Bernard Berenson
  • ben62670
    ben62670 Posts: 15,969
    edited April 2009
    75k and you think its about the money? It's about trying to get some protection VIA publicity. Mental suffering could haver been claimed for much more than 75K. In lawsuits people usually shoot high, and settle lower like by a car. I bet he makes more than 75k a year.
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  • Hillbilly61
    Hillbilly61 Posts: 702
    edited April 2009
    shack wrote: »
    Problem is that the sailor may not be as "reasonable" as one might think. There are limits to these types of lawsuits based on the fact that he must be able to prove damages. There are no physical damages, he is still able to work so what exactly has he lost other than 12 hours of being scared? There may be some mental anguish and that is obviously what he is suing for. The job has inherrent risks PLUS he has some difficulty since If he has been trying to get better security for three years...HE KNEW THE DANGERS...and still chose to sail. He could have signed on with a ship that was not sailing in those waters. Some jobs just have risks and they can't always be removed. As much as everyone may feel sorry for they guy...$75K may be at the limit of what he could hope to recover.

    You might be right about the $75K. I don't think anyone doing a regular job outside of military, police and fire service reasonably expects to be killed or kidnapped in the line of duty, except in very rare circumstances. About 15 years ago, some New York State Department of Transportation surveyors were assigned to do highway surveys in a really bad part of the Bronx. They first had their van stolen at gun point. Issued another one and sent back. Then they were robbed and their van & equipment stolen. They got reissued a new van and equipment (on their own for the lost wallets and personal belongings) and sent back.

    The chief surveyor had enough and packed a gun this time. On the job site along with other employees present, a gang tried to rob them again. The survey chief defended everyone by pulling his firearm and broke up the robbery. The guy, unfortunately, got disciplined for bringing a firearm to work.

    The union made a big stink about DOT placing constantly placing them into a hazardous situation without adequate protection. DOT wanted to fire the guy. At the end of the day, police protection was provided and all was well. DOT could have expensed the protection to begin with, but wanted to save some money.

    I see a similar situation with the ships and the pirates.
  • Polkersince85
    Polkersince85 Posts: 2,883
    edited April 2009
    Last week here in Augusta, a Pizza driver gave a would be pirate two new air holes with his pistol. He was commended by his boss. A lot of folks ordered pizza from them for his actions. Just goes to show you if you fight back, a lot of this crime and piracy will stop.
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  • shack
    shack Posts: 11,154
    edited April 2009
    As explained to me by an attorney friend:

    $75,000 is an "it's small enough they will settle for something" lawsuit.

    $75,000,000 is an "I want their attention so the problem gets solved" lawsuit.
    "Just because you’re offended doesn’t mean you’re right." - Ricky Gervais

    "For those who believe, no proof is necessary. For those who don't believe, no proof is possible." - Stuart Chase

    "Consistency requires you to be as ignorant today as you were a year ago." - Bernard Berenson
  • polkatese
    polkatese Posts: 6,767
    edited April 2009
    That's interesting, Shack. My reverse logic would be: sue for $1 to make a statement, sue for a million to punish the other party.

    but I see your point too.
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  • tom t
    tom t Posts: 543
    edited April 2009
    after spending 12 hours in 125 degree heat i would sue also. the company knew the waters they were in were full of pirates. they are just to cheap to hire hired gun's.
  • cfrizz
    cfrizz Posts: 13,415
    edited April 2009
    Shack, if they won't pony up to protect their crews you know they won't settle. The will probably fire the guy there by attracting even MORE attention & bad publicity.

    Before you know it the entire WORLD will know about this situation, thereby forcing changes to be made.

    I'd say this guy is a very smart man. He's looking for change, not money!
    shack wrote: »
    As explained to me by an attorney friend:

    $75,000 is an "it's small enough they will settle for something" lawsuit.

    $75,000,000 is an "I want their attention so the problem gets solved" lawsuit.
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