Carnival loses "slip-and-fall" lawsuit

[Laurie S.]

That's ridiculous, I broke my kneecap when I was four years old after being pushed off my rocking horse and it healed by itself. By the time my mother noticed I really was limping, the doctor said nothing needed to be done. I fractured the other one in a skiing accident later and again it was allowed to heal by itself. A patella is a very solid bone in an adult. I'm wondering what she weighs and how that affected both the serious of the injury and the recovery.

[halos]

That's ridiculous, I broke my kneecap when I was four years old after being pushed off my rocking horse and it healed by itself. .

 

and what does that have to do with the woman who sued CCL????

 

 

OMG...

[zqvol]

I thought the settlement was quite fair, actually. None of the amounts seemed out of the ordinary. Not having ALL THE FACTS in the case makes it difficult for any of us to look at it very objectively, I'll concede.

 

This can and most likely will be appealed. It will drag on for some time IMHO. Finally, if and when it is paid it will have already been absorbed into Carnival's bottom line. 20 some ships multiplied by 52 weeks per year since 2009 . . . its peanuts by comparison to Carnival's gross receipts.

 

And, dawgonnit, those decks are slipperier than cat poop. :D

 

Probably won't be appealed. Carnival accepted liability, the only questions was damages. Carnival will buy an annuity and the passenger will be paid the bulk of it over 20 - 30 years.

[zqvol]

A jury is normally composed of 12 ignorant people who figure that it is not their money so "lets hurt the cruise line where it counts." By the time the appeals are over and the lawyers get their cut, she will be lucky to get $20,000 which is probably what she was offered in a settlement at the beginning.

 

DON

 

Guess you did not read the article. This case was tried to a judge ONLY, and ONLY on the question of the amount of the damages. For all you know Carnival actually won the case, by getting a judgement less than they had offered to pay to settle.

 

Sounds to me like this judge was upset that Carnival didn't act as the result of prior accidents and put this passenger and future passengers at risk. This award is meant to force Carnival to do something about it.

 

 

Not really all of the damages are economic in nature. There are no punitive damages awarded. The lady in question probably messed her knee up really badly and is permanently disabled (six surgeries on her knee indicates a serious injury).

[RuthlessBoss]

I agree, the settlement is ridiculous, but the judge also knows it will go to appeal and be reduced by 2/3.....

 

If I notice the deck is a little slick, I walk accordingly--carefully to avoid falling......

Me too. But what I don't understand her settlement. Thousands of people have walked and run around that pool and likely still do. They took on Carnival as if they were the only one who ever fell anywhere. People take on Disney for causing pain and suffering from being on a ride thousands of others rode safely.

[hubofhockey]

Guess you did not read the article. This case was tried to a judge ONLY, and ONLY on the question of the amount of the damages. For all you know Carnival actually won the case, by getting a judgement less than they had offered to pay to settle.

 

 

 

 

Not really all of the damages are economic in nature. There are no punitive damages awarded. The lady in question probably messed her knee up really badly and is permanently disabled (six surgeries on her knee indicates a serious injury).

 

Yup, I just re-read it and you are right. Court did not award punitive damages. She may have been suing for more and got shut out of punitive damages. Much of it was actual damages (lost wages, cost of surgeries) along with some pain and suffering. There is not a lot of room for Carnival here. But I hope their insurance company gives them a choice of upping their rates or changing the surface in the pool area. Carnival pretty much admitted that their pool areas aren't safe. At this point, it's a choice between passenger safety and hoping someone doesn't get hurt that bad again.

[Nanaimobound]

As I get older it is walking around the decks that are wet that does scare me the most. I also get irritated that people don't dry off and get in the elevators leaving puddles for others to step in. and walking down those wet deck stairs? yikes!:eek:

[RuthlessBoss]

Not really all of the damages are economic in nature. There are no punitive damages awarded. The lady in question probably messed her knee up really badly and is permanently disabled (six surgeries on her knee indicates a serious injury).

Permanently disabled? 6 surgeries don't have to be major, could be nips and tucks. She'll be cruising soon in a handicap room or in a suite. I'm in the medical field, and there are far worse disabilities than she sustained.

[bodog402]

"Carnival loses "slip-and-fall" lawsuit"

I think not....

Each and everyone of us who sails on Carnival loses on this case.

I once read that on a typical 7 day cruise, the average passenger pays about $ 46 extra per cruise just to cover Carnival’s lawsuits.

[bodog402]

"Carnival loses "slip-and-fall" lawsuit"

I think not....

Each and everyone of us who sails on Carnival loses on this case.

I once read that on a typical 7 day cruise, the average passenger pays about $ 46 extra per cruise just to cover Carnival’s lawsuits.

[Laurie S.]

and what does that have to do with the woman who sued CCL????

 

 

OMG...

 

Guess you didn't read it all. I'm saying that a broken patella is not a major injury and certainly not worth almost $3 million in award. Broken them twice and neither time did I even have a wrap on the leg. This is just another McDonald's coffee case.

[kbmeow]

Pool area and places with water are wet. I know pool is wet, I know deck around pool is wet. So hence it is understood that water can be slippery. I am sure there is much to this case. I think that it is a tad excessive of a judgement. I believe that she is partally responsible as I think any person knows water on anything but sand or dirt makes things slippery.

[cruisinfanatic]

That's ridiculous, I broke my kneecap when I was four years old after being pushed off my rocking horse and it healed by itself. By the time my mother noticed I really was limping, the doctor said nothing needed to be done. I fractured the other one in a skiing accident later and again it was allowed to heal by itself. A patella is a very solid bone in an adult. I'm wondering what she weighs and how that affected both the serious of the injury and the recovery.

How can you say it's ridiculous when you know ZERO facts of the case.

For all you or we know, she was 110 pounds, 25 years old and will be disabled for life because of the injury. We don't know

[hubofhockey]

Pool area and places with water are wet. I know pool is wet, I know deck around pool is wet. So hence it is understood that water can be slippery. I am sure there is much to this case. I think that it is a tad excessive of a judgement. I believe that she is partally responsible as I think any person knows water on anything but sand or dirt makes things slippery.

 

Carnival admitted liability. But the Carnival cheerleaders do not. :D

 

pool deck was covered with a resin surface which was slippery as ice. Carnival had notice of prior accidents on this type of dangerous surface.

[cruisinfanatic]

Problem with the cruise lines is they make the ship look "pretty" instead of safe.

They install surfaces that are like ice around pools DA!

Royal Caribbean has wood around some hot tubs, tile in the solariums. Pretty stupid.

I personally know someone that was hurt very badly on this solarium floor on the Radiance

It was just like ice as the roof was closed all week making for the condition

 

[BeachChik]

Not really all of the damages are economic in nature. There are no punitive damages awarded. The lady in question probably messed her knee up really badly and is permanently disabled (six surgeries on her knee indicates a serious injury).

Permanently disabled? 6 surgeries don't have to be major, could be nips and tucks. She'll be cruising soon in a handicap room or in a suite. I'm in the medical field, and there are far worse disabilities than she sustained.

 

And you know this how? Do you know her personally? Oh wait we don't know what her injuries really are or how severe to make judgement. But I'm sure you being in the medical field allows you to make a determination without any real facts. :rolleyes:

[hubofhockey]

"Carnival loses "slip-and-fall" lawsuit"

I think not....

Each and everyone of us who sails on Carnival loses on this case.

I once read that on a typical 7 day cruise, the average passenger pays about $ 46 extra per cruise just to cover Carnival’s lawsuits.

 

Well, if this decision somehow motivates Carnival to make the pool area safer, then everyone who sails on Carnival WINS. Carnival may not be HAL. But there are older passengers who may be not as nimble as younger ones who are more likely to fall in slippery areas.

[BeachChik]

Carnival admitted liability. But the Carnival cheerleaders do not. :D

 

pool deck was covered with a resin surface which was slippery as ice. Carnival had notice of prior accidents on this type of dangerous surface.

 

Thank you!! They are acting like they were the ones sued. I hate to be the one to bring bad news, but carnival does make mistakes and now they are paying for it.

[pe4all]

There are many, many instances where I almost took a bad fall on a deck - especially by the aft pool areas on the newer ships (Liberty, Freedom) and barely caught my balance. I can only imagine someone less athletic - it's just not happening. In fact, when we sailed on Liberty for the first time, many, many people slipped by the aft pool area and also the aft hottub area, as they came down the steps of the hottub. They actually put towels down on the deck to try to stop all the falls that were occuring. When we sailed Liberty again - years later- it was still just as slippery back there- and there were still towels placed on the floor by the stairs. I learned to wear flip-flops with good treads on the bottom to alleviate this slippage problem. (Tevas work well) CCL definitely knows of problems with slippery decks. They do bear responsibility - but the judgement seems high to me, unless it will be reduced in the future.

[camperhawk]

I fell and broke my radius and ulna bones trying to catch myself. Did I sue no..was very happy to see the medical center on the ship. They x-rayed, did conscious sedation,made my arm stable and followed up the next day. I had to have surgery when I returned and the surgeon said they did a great job stabilizing it. It was a RCCL ship. Maybe that is why the safety officer came to check it out. I

[kbmeow]

Carnival admitted liability. But the Carnival cheerleaders do not. :D

 

pool deck was covered with a resin surface which was slippery as ice. Carnival had notice of prior accidents on this type of dangerous surface.

 

 

Look I am not a carnival cheerleader. This could be any line and I would be saying the same thing. I think there is a lack of personal responsibility in today's world. We only got a snippet of the whole case and I would like to know the whole details. I mean how, when and why did carnival admit responsibility. It may not be a clear cut thing. I am not saying the lady should not have gotten something but I am also saying that , Where is the personal responsibility?

I just burnt myself on a baking sheet I put on the stove and grabbed with no glove. I was cold when I put it there but I had previously had a burner on and although it was off it mad the pan hot. My bad. Not the stove maker whose burners do not instantly cool.

[klutz13]

Carnival was smart admitting liability because if the case had gone to trial facts may have come out which would have resulted in a much larger judgment along with the award of punitive damages.

[richstowe]

Hate the idea of lawsuit lottery BUT if this pushes Carnival and other cruise lines into making

the areas around the pools and hot tubs safer ,GOOD !

 

 

 

Permanently disabled? 6 surgeries don't have to be major, could be nips and tucks. She'll be cruising soon in a handicap room or in a suite. I'm in the medical field, and there are far worse disabilities than she sustained.

 

So tell me, which 6 operations (and more to come?) are you volunteering for. Wow.:confused:

[DGP1111]

well, if this decision somehow motivates carnival to make the pool area safer, then everyone who sails on carnival wins. . .

 

hate the idea of lawsuit lottery but if this pushes carnival and other cruise lines into making

the areas around the pools and hot tubs safer ,good !

 

. . + 1 . . .

[DGP1111]

Goobered double-post