Ed Mark Angel C.

Belleza Critique News Article

1. Give your own summary about the Carnival Triumph 'Tragedy' of February l0, 2013.
 On the 9th of February 2013, Carnival Triumph departed from Cozumel,
Mexico going northbound for Galveston, Texas. Halfway through, on February
10, a fire broke out of the vessel’s engine room. This incident caused the main
power line of the ship to be lost. Carnival Triumph was also dubbed as “The
Poop Cruise” because raw sewage began to surface to passengers dock. By
February 11, the ship partially regained some of its power from back-up
generators. Food, water and supplies were also delivered to passengers by sister
ships. Afternoon of February 13, the ship was being towed by two tugboats.
Initially, the ship should have docked on early afternoon of February 14 but due
to strong winds, it was inevitably delayed. Finally, on the evening of February
14- it arrived at Mobile, Alabama.
2. What did the operators of the cruise ship do during and after the 'tragedy' to remedy the
plight and suffering of their cruise ship passengers? Were these sufficient to satisfy the
claims of the passengers? Why?
 During the tragedy, the operators of Carnival Triumph gave away free food,
drinks and supplies. This was given by three other Carnival ships. It should be
noted that re-supplying stocks was important due to the fact that the power
outage made most of the food in Triumph perished. Other than that, to relieve
some of the troubles regarding comfort rooms, red plastics bags were given to
passengers.
 After arriving at Alabama, the passengers were transferred to busses and later
on they were booked in hotel rooms and Carnival also took care of flight
arrangements. The management of Carnival also gave compensations. This
included a full refund, reimbursement of all their passenger’s purchases on
board, voucher for future cruise and $500 per person.
 Notably, some passengers filed lawsuits against Carnival for failing to provide
seaworthy and sanitary conditions. However, in my personal stand-point, the
actions and remedies given by Carnival after the tragedy were sufficiently
enough. Carnival, as the debtor, failed to perform their obligation to its
passengers. In return, Carnival paid for damages that was brought about the
incident and consequential damages. To add, there was also no real imminent
danger of lives other than the unsanitary conditions and unjust division of foods.
Ed Mark Angel C. Belleza Critique News Article

Also, it was expected that a rise of illnesses would spike, but it never occurred.
Only but a few passengers were medically ill wherein Carnival took proper
measures.
3. (Assuming this event happened here in the Philippines) Under the Philippine Civil
Code, enumerate the actions that can be filed against Carnival Triumph, and . operators.
Indicate the corresponding sources of obligation, source of liability and its legal basis.
Expound.
 By contract, contractual negligence- a lawsuit can be filed against Carnival for
failing to perform their obligation to do. This was to provide a quality cruise
trip towards Texas and performing the obligation in poor manner due to lack of
diligence in their side. Delay could also be a source of liability for filing a
lawsuit; because of failure to perform on time wherein they did not arrive on
their destination which can also be a cause for consequential damages.
4. The operators of Carnival Triumph claimed that the event is an accident, i.e., beyond
their control, thus they are not liable. Are they correct? Can the operators validly claim
that they are not liable, because of fortuitous event? Justify with legal basis.
 According to Griffin and Bronstein (2013) of CNN, there are official reports
that shows it was because of negligence in the side of Carnival that brought
about the event. The documents show that only four out of six generators were
fully functional and the vessel Triumph was under a fire hazard. The generators
was also due for maintenance. This ultimately means that the management of
Carnival very well knew that there was already a problem in their vessel but
they still decided to set sail. With that said, Carnival are liable for damages it
caused to its passengers due to their negligence.