On-Board Accident

[pap5211]

As we were leaving dinner the last night of our cruise on the Carnival Spirit, my wife slipped on a wet spot and ended up with a broken wrist, bruised eyebrow, black eye and stitches in her other hand. The ship's med team took good care of her and did not bill us for their services. She had to get a plate inserted by surgery, etc., has been in a cast for a few weeks and the med bills are growing. I am looking for advice on what path to follow. We are not anxious to go the lawyer/suing route, but worry if we try to resolve it direct with Carnival, we may screw up the case, should we end up needing an att'y. Is there danger of dealing direct with Carnival?

[6rugrats]

As we were leaving dinner the last night of our cruise on the Carnival Spirit, my wife slipped on a wet spot and ended up with a broken wrist, bruised eyebrow, black eye and stitches in her other hand. The ship's med team took good care of her and did not bill us for their services. She had to get a plate inserted by surgery, etc., has been in a cast for a few weeks and the med bills are growing. I am looking for advice on what path to follow. We are not anxious to go the lawyer/suing route, but worry if we try to resolve it direct with Carnival, we may screw up the case, should we end up needing an att'y. Is there danger of dealing direct with Carnival?

 

So, you are saying the Carnival is responsible for your wife's injuries, and you would like them to pay for all the resulting medical expenses? Do you have medical coverage that is paying for your current bills? Did you notify Your carrier that this treatment was needed because of an injury? Did you have travel insurance?

 

Usually, if this is done, your insurance carrier will pursue any reimbursement from any other party who may be responsible for payment.

 

I really can't provide further information without knowing the answers to those questions.

[Gonzo70]

As we were leaving dinner the last night of our cruise on the Carnival Spirit, my wife slipped on a wet spot and ended up with a broken wrist, bruised eyebrow, black eye and stitches in her other hand. The ship's med team took good care of her and did not bill us for their services. She had to get a plate inserted by surgery, etc., has been in a cast for a few weeks and the med bills are growing. I am looking for advice on what path to follow. We are not anxious to go the lawyer/suing route, but worry if we try to resolve it direct with Carnival, we may screw up the case, should we end up needing an att'y. Is there danger of dealing direct with Carnival?

 

Huh? Wet spots are common on ships. As you titled your post, it was an "accident." Why are you not thanking Carnival for taking care of her onboard expenses? They did not have to do that.

 

Your medical bills would be paid for by travel insurance likely (if you had this) or possibly your normal health insurance (if you have it). If you chose to not insure your trip, that was your choice, and then you'd be responsible for any medical bills not covered by your normal insurance policy.

 

I hope your wife has a speedy and fast recovery.

[pap5211]

Sorry I was not thorough in the posting.

She slipped on a wet spot on the tile floor right at the waiters work station. We assume Carnival would be responsible. We have med coverage and co-pays. Once home, she spent 2 days in the hospital for surgery, where they inserted the plate in the wrist. Her co-pays are pushing $1,000. We did not have travel insurance for this cruise. I told our carrier the history of the injury and they have not made any mention of payment other than the co-pays. She is on her 3rd cast and will get a removable one in a few days so she can start phys therapy.

Looking forward to your advice.

[6rugrats]

I am not sure why you assumed Carnival was responsible. Accidents happen. Too bad you did not purchase travel insurance. I think Carnival already went above and beyond what they had to do by providing you free medical care onboard.

 

This is a very small claim for an attorney to pursue. Have you priced out what an attorney cost per hour? I am assuming you have no prior experience with the legal system, but I would do almost anything to avoid it.

 

You will have several options. One is to accept the fact that your wife slipped and got hurt, and you pay the co-pays, and never travel again without insurance. You can send Carnival a very short, factual letter with copies of your bills, and ask them to reimburse you. If they decline, and they probably will (you may want to read over your cruise contract about their liability in these matters - I'm sure they are pretty well protected), you can file a claim against them in Small Claims Court.

 

Or you can take what I consider the most stressful and worst option, and consult an attorney. They can advise you if you have a case or not. This will cost money though, as it seems fewer and fewer attorneys are providing a free consultation, and if your claims are only $1,000, not sure how actively they would pursue it, or if it's really cost effective.

 

Good luck.

[kitty9]

I know others will think this, but I'll say it, if you had purchased travel insurance, you would not be having this problem. If you want reimbursement, you're going to have to get an attorney and start a lawsuit. Carnival is not going to just hand you a check to pay for the medical bills. Like I said, that's why savy travelers get additional coverage. With an attorney, which by the way will have to be located in Miami as that's the main office for the cruise line, you'll be waiting years for a settlement, and the attorney will get 33.33% of any settlement. A local attorney in your city will not be able to file any suit in Florida, so that's why you'd need to find a South Florida attorney. I know this because our family went through something similar, and no local attorney would touch the case. Good luck

[uppitycats]

I'm sorry for your wife's injuries. I think Carnivals' "responsibility" stopped at providing her timely medical care and not charging you for it. Now that you're home, your medical coverage is your only recourse, since you chose not to get travel insurance (and you would have had to make sure that your travel insurance covered on-board accidents.)

 

I hope she heals well.

[ehfl]

Between your medical insurance, and travel insurance, there really should be little if any out of pocket cost.

[Traveler353]

OP did not buy travel insurance. Lesson learned: Make sure that I have travel insurance. That way I will not be responsable for my own actions.:rolleyes:

[Langley Cruisers]

Sorry to hear of your wife's injuries and pain. I hope she will be feeling better very soon.

 

If I wanted to pursue this legally, I would certainly be contacting an attorney, perhaps one who doesn't charge for the first appointment. They are out there. I'm not an attorney nor do I have any legal training whatsoever, but even I know that dealing directly with the company would probably net you less than what an attorney could get you. The company wants to deal quickly and efficiently and for as little money and publicity as possible, right?

 

Call a lawyer and see if you have a case.

[Johnthed0g]

My thoughts are ...is this a travel related problem? ok she was on holiday but if the cruise line is responsible for the accident by being negligent, does it make any difference where in the world it happened? is the ship itself US territory wherever it happens to be?

[rkacruiser]

I am wondering if at the time your wife received treatment aboard the ship you (or she) may have signed a waiver for any further responsibility on the part of Carnival. If you did, you have no case to pursue against Carnival. If you did not, I would do as others have suggested and send your bills to them and request reimbursement. I doubt that they will reimburse you for your expenses, but it would be worth a try.

[6rugrats]

My thoughts are ...is this a travel related problem? ok she was on holiday but if the cruise line is responsible for the accident by being negligent, does it make any difference where in the world it happened? is the ship itself US territory wherever it happens to be?

 

I don't know where the OP's cruise was, but if it left out of FLL and was a Caribbean cruise, the OP would have to file a legal claim in Florida, as stated by kitty9,who I have never seen post anything but accurate information, so I think she knows what she's talking about. OP's cruise ticket/contract will contain all this information about Carnival's liability and where you would have to file a lawsuit.

 

This has a lot of useful information regarding suing a cruiseline for anyone who cares to read further, and answers some of your questions (disclaimer, I'm not recommending this attorney):

 

http://www.personal-injury-attorney-san-diego.com/blog/2009/05/12/cruise-ship-liability-san-diego-boat-accident-lawyers/

 

I find this excerpt interesting:

A cruise line is liable for injuries to its passengers only where it has actual or implied (“constructive”) notice of a dangerous condition; without knowledge of any unreasonable risk or danger, the cruise line has no duty to warn. In maritime law, constructive notice of an onboard dangerous condition is shown when it has existed long enough to give rise to an inference that crewmembers must have noticed it.

 

I honestly feel OP has no legitimate case. I don't see where the cruiseline was negligent. As said several times, sometimes we just get into accidents and you can't blame them on anyone else.

[Traveler353]

My thoughts are ...is this a travel related problem? ok she was on holiday but if the cruise line is responsible for the accident by being negligent, does it make any difference where in the world it happened? is the ship itself US territory wherever it happens to be?[/quote]

 

 

Nope the ship is not US terrritory. And proving that the cruise line was negligent would be almost impossible. Stuff gets spiled on the deck. Accidents happen. On a moving boat with slick decks to begine with I think there is a personal responsiblility to watch where one is putting their feet down.

[tulsacubfan]

First, I am by no means saying Carnival is or is not liable as there are not enough facts here to make a determination. Also, if this is based on Florida law (which I believe is what the Carnival contract states), then Florida law regarding slip and fall, open and obvious, etc. needs to be taken into consideration.

 

If your health insurance company is paying the bills, they will attempt to collect what they paid from Carnival's insurance carrier or claims administrator if they are self insured. You will need to attempt to recover your out of pocket expenses....co-pays, lost wages, etc.

 

If you do want to hire an attorney, at this point you could use an attorney in your home town. They will deal directly with Carnival's carrier or administrator. Most personal injury attorneys work on a contingency fee basis...they take a percentage of what they recover. Only if suit needs to be filed will you need an attorney in Florida...and your attorney can find someone to do the filings for him.

[6rugrats]

First, I am by no means saying Carnival is or is not liable as there are not enough facts here to make a determination. Also, if this is based on Florida law (which I believe is what the Carnival contract states), then Florida law regarding slip and fall, open and obvious, etc. needs to be taken into consideration.

 

If your health insurance company is paying the bills, they will attempt to collect what they paid from Carnival's insurance carrier or claims administrator if they are self insured. You will need to attempt to recover your out of pocket expenses....co-pays, lost wages, etc.

 

If you do want to hire an attorney, at this point you could use an attorney in your home town. They will deal directly with Carnival's carrier or administrator. Most personal injury attorneys work on a contingency fee basis...they take a percentage of what they recover. Only if suit needs to be filed will you need an attorney in Florida...and your attorney can find someone to do the filings for him.

 

I believe Maritime law rules here, not Florida law.

[bar_20]

Unless you know for a fact that Carnival knew that water was on the floor and did nothing about it, you have no case. Did another passenger happen to tell you that they told someone with CCL that water was on the floor at least 15 minutes earlier? If no, then you learned a very expensive lesson that cruise insurance is a rather cheap way of having not to pay several thousand dollars out of your own pocket for accidents while on vacation. Some times lessons learned in life come at a price.

[morecruise4me]

I slipped and fell a few years ago at a local car dealer and injured my wrist/hand. I was seen by my doctor over a 3 mo. period. As soon as my primary medical insurance found out that it had happened on someone else's property, they said it was that party's responisibility to pay...and the car dealer paid without any problem. I didn't sue the car dealer and they were very nice to work with. They simply paid for the medical bills incurred for an injury sustained on their property (kind of like my home owners would if someone was injured on my property). Isn't this sort of the same thing?

[silverado44]

Unless you know for a fact that Carnival knew that water was on the floor and did nothing about it, you have no case. Did another passenger happen to tell you that they told someone with CCL that water was on the floor at least 15 minutes earlier? If no, then you learned a very expensive lesson that cruise insurance is a rather cheap way of having not to pay several thousand dollars out of your own pocket for accidents while on vacation. Some times lessons learned in life come at a price.

 

Exactly. Accidents happen, nobody's fault. Sucks to be her. Get insurance.

[bar_20]

I slipped and fell a few years ago at a local car dealer and injured my wrist/hand. I was seen by my doctor over a 3 mo. period. As soon as my primary medical insurance found out that it had happened on someone else's property, they said it was that party's responisibility to pay...and the car dealer paid without any problem. I didn't sue the car dealer and they were very nice to work with. They simply paid for the medical bills incurred for an injury sustained on their property (kind of like my home owners would if someone was injured on my property). Isn't this sort of the same thing?

 

More then likely not. The OP didn't say but it probably happened in international waters and isn't goverened by US Laws. I also think that Carnival has a very high deductable liability insurance policy, probably $500K-$1million per occurance, so the money is coming out of CCL's pocket, not some insurance company. I'm betting the car dealer had insurance that covered the whole amount. Also remember that when you take a cruise you sighned a contract that limits the liability of the cruise line. The OP needs to hire an attorney to read the contract to see if they have any recourse. Any US attorney could do that. That would probably cost about $100.00. Did you end up buying a car from the dealer?

[Gonzo70]

I slipped and fell a few years ago at a local car dealer and injured my wrist/hand. I was seen by my doctor over a 3 mo. period. As soon as my primary medical insurance found out that it had happened on someone else's property, they said it was that party's responisibility to pay...and the car dealer paid without any problem. I didn't sue the car dealer and they were very nice to work with. They simply paid for the medical bills incurred for an injury sustained on their property (kind of like my home owners would if someone was injured on my property). Isn't this sort of the same thing?

 

No. Just because someone is injured on someone's property - the property owner is not usually responsible. In most situation there has to be negligence for the owner to be legally responsible.

[tulsacubfan]

I believe Maritime law rules here, not Florida law.

 

You may be right...I'm not sure. But if you are correct, the same theory still applies. Maritime law needs to be taken into consideration regarding slip and fall, open and obvious, etc.

 

The contract does specifically state that suit is to be filed in the United States District Court for the Southern District of Florida. An attorney in Florida (admitted to the US District Court - which I would think most Florida attorneys in that area would be) would have to file suit.

[tulsacubfan]

I slipped and fell a few years ago at a local car dealer and injured my wrist/hand. I was seen by my doctor over a 3 mo. period. As soon as my primary medical insurance found out that it had happened on someone else's property, they said it was that party's responisibility to pay...and the car dealer paid without any problem. I didn't sue the car dealer and they were very nice to work with. They simply paid for the medical bills incurred for an injury sustained on their property (kind of like my home owners would if someone was injured on my property). Isn't this sort of the same thing?

 

I would "assume" that the car dealer paid your medical bills from their premises med pay which does not take into account liability...only that you were injured on their property. It will pay medical bills up to the limits on the policy. I assume they paid your medical bills only and not anything for pain and suffering, etc. For that, there would need to be negligence.

[toberman]

Not knowing US or Maritime Law, the only thing I'm missing here is.. If the Cruiseline gave FREE medical care (which I find unusual), is that not admitting to liability?? Just a thought.

[WeBeGone]

I'm afraid that, in absence of travel insurance, you're on your own. Usually you have to pay for your own on board medical. If they didn't bill you, that's a plus. Hope your wife recovers soon but don't expect any money from Carnival.