On-Board Accident

[6rugrats]

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.

 

No, it's not.

[toberman]

No, it's not.

 

Trust your insight - Thanks.

[tulsacubfan]

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.

 

Not really.

[mikel24m]

Do yourself a favor go speak to an Attorney. What if down the line she cant work. You owe it to your family and her. What if down the line 3,4,5 years from now she is still hurting ..... Protect yourself

[bbwex]

Slip and fall cases are tricky. On the other hand, this would at least appear to have been the fault of a server who spilled water on the deck and did not correct it. But as stated, it was likely in international waters, and that makes it more complicated. You to talk with an attorney. I am guessing a maritime/admiralty lawyer. These specialists are concentrated in major coastal port cities.

 

We do watch for slippery spots on ships, but that would be on deck, near a swimming pool, etc., where a normal person would expect to find water on the deck (floor). While slip and fall cases are difficult, as I said, because you should have been watching where you were walking, this is much more complicated by the fact that it might not have been noticeable on the tile, it was likely spilled by an employee of the cruise line, etc., etc.

 

Get a real legal opinion.

[mikel24m]

I agree . The only thing that may be tricky is the cruise lines have offices in Miami So I assume ( just my opinion ) they should be required to follow our laws .Again im not a Lawyer but you bet your bottom dollar I would be seeing one.

[Gonzo70]

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.

 

NO! And that is a terrible way to think. It is attitudes such as this that make companies reluctant to provide any help when somebody is injured.

[CALMOM]

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

 

If you don't have something nice to say, don't say anything. I believe the OP realizes they should of purchased Travel insurance but it's too late now and the OP is just asking for advise, not a beating for not purchasing travel insurance. It was an accident but it happened on the ship and it is the ships responsibility to make sure there are no hazards on the floor, that is why they have those signs that say "Slippery Area or Floor".

 

I would recommend the OP's wife complete all of her medical treatments. When the medical treatments are completed then make copies of your co-payment receipts & prescriptions, along with a letter to Carnival and request reimbursement for the out of pocket expenses. I would expect Carnival would be more then happy to reimburse the OP instead of being sued for several thousands of dollars, where the OP's wife would receive money for pain and suffering. There are plenty of personal injury attorneys out there that would be thrilled to take your case, it's a easy case. The personal injury attorney gets 33% of the settlement and ask for no money up front.

 

However, if the OP is looking for a settlement for pain and suffering then you would definitely need a personal injury attorney. Carnival has big corporate attorneys and if you represent yourself, they will chew you up and spit you out. I am not saying whether you are entitled to pain and suffering, that is for you and your wife to make a decision to pursue it.

 

I hope your wife makes a full recovery and your able to go on another cruise without an incident.

[stingau]

One thing to check with travel insurance and this is something we found out the hard way. Your travel insurance will only pay for treatment incuured while on the holiday. Once you return home your coverage ceases.

 

My wife broke her wrist while in New Zealand on the day we were to fly home. The local hospital plastered it in a split cast to enable us to return home. Once home further treatment was required and 3 months of physio as well as the cost to get a fibreglass strap on supporting cast made. The minute we landed back in Australia the coverage ceased. If we had of stayed in New Zealand and had the treatment there it would be covered.

 

Lucky we have Defence Force Medical Coverage for myself and my family and the Army paid the bills.

 

So check to ensure that it isnt just while your out of the country as the one thing that I didnt know but wondered about was the length the travel insurance took to ensure we got home ASAP even upgrading our flight to First Class to give my wife more room even though it is only a 3 hr flight.

[DWofHandicappedCruiser]

If you broke your arm, would you ask the people on this board how to set it? Consult a professional who specializes in the field. Go to an attorney who specializes in personal injury. He/she will determine if this is actionable. See a lawyer as soon as possible. FYI, this is almost always a free consultation as the fee is contingency-based.

[6rugrats]

One thing to check with travel insurance and this is something we found out the hard way. Your travel insurance will only pay for treatment incuured while on the holiday. Once you return home your coverage ceases.

 

My wife broke her wrist while in New Zealand on the day we were to fly home. The local hospital plastered it in a split cast to enable us to return home. Once home further treatment was required and 3 months of physio as well as the cost to get a fibreglass strap on supporting cast made. The minute we landed back in Australia the coverage ceased. If we had of stayed in New Zealand and had the treatment there it would be covered.

 

 

So check to ensure that it isnt just while your out of the country as the one thing that I didnt know but wondered about was the length the travel insurance took to ensure we got home ASAP even upgrading our flight to First Class to give my wife more room even though it is only a 3 hr flight.

 

This is not true of all policies. You have to read them to see what's covered. Why did you wife need more room on the plane for a broken wrist?

[6rugrats]

If you broke your arm, would you ask the people on this board how to set it? Consult a professional who specializes in the field. Go to an attorney who specializes in personal injury. He/she will determine if this is actionable. See a lawyer as soon as possible. FYI, this is almost always a free consultation as the fee is contingency-based.

 

Yes, OP has been advised by many posters to consult an attorney if he thinks he has a case. I am hoping OP took pictures of the accident scene, has witnesses to the event, and has pictures of the injury, as he will need all this to support his case.

[peptobysmol]

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.

 

I disagree. If someone is running through my lawn trips over a blade of grass, falls down and breaks their wrist. They are entitled to sue me for the blade of grass in my yard causing them harm...

 

Not saying this is right, but more of a reflection of the sad state of our Judicial system.

 

If it is a thief running from the police? I'd bet he could still sue... pathetic eh?

[Traveler353]

I disagree. If someone is running through my lawn trips over a blade of grass, falls down and breaks their wrist. They are entitled to sue me for the blade of grass in my yard causing them harm...

 

Not saying this is right, but more of a reflection of the sad state of our Judicial system.

 

If it is a thief running from the police? I'd bet he could still sue... pathetic eh?

 

Yes, they can sue you. But will they win? I don't think that is a given.

[greatam]

Please be aware that per the Carnival cruise contract, the OP only has 185 days to present Carnival with FULL particulars of the incident. Any lawsuit MUST be filed within one year of date of injury (tort actions in the USA generally have a 3 year limit on filing).

 

I just asked my brother who IS a maritime lawyer in California about jurisdiction. Per the Carnival contract, the jurisdiction and laws would be Florida, specifically Miami-Dade County. He said this would be an almost impossible case to litigate UNLESS you had pictures of a Carnival employee spilling something and NOT cleaning it up OR as someone pointed out, a Carnival employee being notified about the spill and NOT doing anything about it. Very hard to prove and "discovery/depositions" could be almost impossible.

 

Example: employee spilled water, employee has left the ship and gone to his country (end of contract) when the lawsuit is filed. Trying to get the employee BACK to Florida could prove almost impossible due to various reasons (Homeland Security, no visa or long visa process, unable to find him, etc. etc) and if the plaintiff's attorney wants to depose the employee, it could involve a trip to the employee's home country for the deposition. Those over the top costs are costs planitiff's attorney's DO NOT BEAR unless they feel the lawsuit results in many, many thousands of dollars (well over $250,000). So the OP would have to pay the costs UP FRONT. Same thing for a lot of expert witnesses-pay up front. Plantiff's usually have to post a bond in most states to pay attorney's fees for the defendants IF they loose the case. Could be a lot of up front costs for a very small recovery

 

OP-gather all your information together. Get the prognosis for long term care and possible future events. Go to a local personal injury attorney (NOT one of the one's that advertise on TV or all over the place-they will drag it out forever and ever). Have the attorney write a letter to Carnival asking for reimbursement of out of pocket costs. Carnival may pay a small amount. If you want more, you will have to file suit and that could be costly to you, the plaintiff.

[tulsacubfan]

Please be aware that per the Carnival cruise contract, the OP only has 185 days to present Carnival with FULL particulars of the incident. Any lawsuit MUST be filed within one year of date of injury (tort actions in the USA generally have a 3 year limit on filing).

 

Not true...every state is different. For example, here it is 2 years. Some states for personal injury can be up to 6 years. And some states it is different for personal injury than it is for property damage.

 

 

[6rugrats]

If OP wants to sue Carnival he must follow Maritime law and carefully read his cruise contract. I do not think he has more than one year:

 

The time you have to sue a cruise ship for injuries and deaths is determined by maritime law and the contract/ticket with the cruise ship. Although the normal time a person has to file under maritime law is three years, by signing the contract/ticket with the cruiseline, that time is generally shortened to one year. And before you can bring a suit in court, the contract/ticket usually requires that you must first file a claim with the cruiseline within six months of the incident.

 

I am amazed at the "sue them" posts. I think those posting this advice have never spent any time in court. I think, using the information provided by the OP, that this case would be quite difficult to win. Greatam pointed out several problems OP is going to have in her post. Do not think our legal system is as it's depicted on television. It's a long drawn-out process, being "right" often has nothing to do with winning, and it's really expensive, both mentally and monetarily. And yes, I speak from personal experience.

 

I think OP has absolutely no chance of winning a lawsuit, but of course, he has every right to try. Better to just get an attorney to write a letter, with copies of the medical bills, requesting reimbursement. He'd have to do that anyway, before filing a lawsuit.

[greatam]

Please be aware that per the Carnival cruise contract, the OP only has 185 days to present Carnival with FULL particulars of the incident. Any lawsuit MUST be filed within one year of date of injury (tort actions in the USA generally have a 3 year limit on filing).

 

Not true...every state is different. For example, here it is 2 years. Some states for personal injury can be up to 6 years. And some states it is different for personal injury than it is for property damage.

 

 

 

Did you miss the word GENERALLY??? GENERALLY, it is three years. 32 out of 48 states for a personal injury claim (isn't that what we were discussing).

[cattolica]

My SIL and her husband took their very first cruise (on Carnival) in 2004. I absolutely begged them to get travel insurance, which they did. The second day of the cruise her husband slipped up by the pool and broke his leg.................we are talking the thigh bone! It was a major compound fracture. He spent the next 24 hours in the ship medical facility while the ship changed course to get close enough to Cabo to be tendered off the ship. The travel insurance company was contacted and everything was put into motion to get him taken care of. A jet was sent to Cabo with doctors and nurses and he was flown home to a hospital here in Southern California and immediately into surgery. It was necessary to put a pin in his leg for 1 year. The travel insurance company covered all expenses not covered by their primary insurance for the entire year. When he had the pin removed it was within the 1 year period and the travel insurance picked up the 20% not covered by their primary insurance. Final bill paid by travel insurance???????? around $40,000. Boy, did they thank me for getting them to spend $200 for a travel insurance policy. None of the expenses incurred to get him from Cabo to Los Angeles would have been coved by their primary insurance.

 

SIL checked into sueing Carnival............but because of lack of evidence all the attorneys she spoke with said it would not be worth the time and effort.

[Gonzo70]

I disagree. If someone is running through my lawn trips over a blade of grass, falls down and breaks their wrist. They are entitled to sue me for the blade of grass in my yard causing them harm...

 

Not saying this is right, but more of a reflection of the sad state of our Judicial system.

 

If it is a thief running from the police? I'd bet he could still sue... pathetic eh?

 

There is a big difference between filing a suit and having a succesful suit. Anybody can sue anyone for anything. However the examples you provided would almost certainly lead to the case being rapidly thrown out (and in some locales the person filing the suit may be discplined for having filed a frivilous suit).

[navybankerteacher]

All this speculation over an unfortunate accident. Why does "sue them" always come to mind?

 

Yes, there may have been water on the floor --but how many other people slipped and fell there? Is it not possible that the fall was, at the very least, partially the result of the passenger's own negligence?

 

All this is part of our national weakness -- we never want to accept responsibility for ourselves, rather we seek to blame someone else and have that someone else fix things for us. Perhaps if we did not live in such a litigious society people would be more careful.

 

Of course we have sympathy for the passenger - I hope a complete recovery follows, with no lingering after effects, and minimal unreimbursed costs.

[Gonzo70]

All this speculation over an unfortunate accident. Why does "sue them" always come to mind?

 

Yes, there may have been water on the floor --but how many other people slipped and fell there? Is it not possible that the fall was, at the very least, partially the result of the passenger's own negligence?

 

All this is part of our national weakness -- we never want to accept responsibility for ourselves, rather we seek to blame someone else and have that someone else fix things for us. Perhaps if we did not live in such a litigious society people would be more careful.

 

Of course we have sympathy for the passenger - I hope a complete recovery follows, with no lingering after effects, and minimal unreimbursed costs.

 

Very well said. :)

[room010]

^^^^^ Totally agree.

 

When something like this happens it's ALWAYS someone else's fault and if you can extract some money from them too, so much the better :rolleyes:

 

Seeks like the OP wants the cruiseline to compensate him for his lack of judgment in not getting insurance and while they might be sympathetic that's simply not going to happen. Can you imagine the deluge of similar claims if word got out that we don't need to bother with insurance because the cruisline will pay up anyway? And guess what that will do to the prices the rest of us will have to pay.

[pap5211]

Wow! Almost 50 bits of advice in less than 2 days! This is some discussion site.

First, we are retired cruisers with about 35 total. We concentrate on Princess & Oceania, but took this one out and back from San Diego to Mex. We booked it less than a week b4 sailing as a "getaway." We seldom take insurance as our med plan (Kaiser) covers any on-board med expenses and flights are usually booked w/the cruise line, so there is little left for insurance to cover. When we book 6-12 months ahead, we usually take out insurance. We have had only 2 times where we used the ship's med facilities and were reimbursed by Kaiser, so even if this one hits a thou, we are ahead of the game.

Some good advise and comments from a number of you. She slipped in the dining room, as she passed the waiter's work station. Even though I saw the wet spot, proving it would be very difficult, probably impossible.

I was hoping to hear from someone that had a similar situation and resolved it easily w/Carnival. Thanks to all of you. I have to get back to my housework. I wonder if insurance would send a maid to do all this while she is wearing the cast???

[rogerwaters]

She slipped on a wet spot on the tile floor right at the waiters work station.

 

right there, (if you did decide to sue) Carnival can come back & possibly say that she was in the waiters work station and should not have been there. the on board medical staff took care of her. they did their part. i'd say let it be. you chose not to buy travelers insurance, and your own insurance covered a good bit of the expenses. accidents happen. but in my opinion, a lawsuit is silly, as again it was an "accident" not "negligence".