by geonuc » Sat Jan 18, 2014 2:48 pm
Judges decide based on the evidence presented in a preliminary hearing. If there is sufficient evidence to conclude that the plaintiff has a reasonable chance to succeed with a case, the suit proceeds. Judges do not - or should not - dismiss a case just because they think it's frivolous. They have to weigh the preliminary evidence against what the law requires to establish liability.
That said, this might not be frivolous. While I don't think there is such a thing as 'over-serving' alcohol on a cruise ship (no one is drinking & driving, for instance), there may well be enough legal precedent to say they have a responsibility to at least notice when people fall overboard. They are, after all, in the business of getting people drunk. Drunk people fall down a lot.