Carnival loses "slip-and-fall" lawsuit

[floridacruzin]

I would have sued...and most of you would have also.

 

She has had multiple surgeries...why should she pay for them? She deserves the coverage for her medical expenses as well as pain and suffering....Her quality of life was changed because of this incident

 

The surface around the pools are like ice and should not be approved for decking near a wet surface PERIOD!!!

[golfb4cruzing]

Well I have had 5 knee surgeries and then when there was nothing left to tear and rip, good ole Arthur showed up in force and then they both had to get replaced. Then a year later, avascular necrosis, paid a visit and my right hip needed replacing. Soccer in college and a year in minor league baseball probably the culprits. But after the hip replacement, nerve damage was diagnosed and now I am living on Disability. Any surgery is a roll of the dice. Almost 3 years later and still can't use stairs but one at a time. So I understand her case. When we cruise I am really overcautious around wet areas. I am in pain 24/7 with meds, so the story is believeable to me. Carnival was on notice and they'll take that to the Bank.

[gemsm]

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

 

No offense but that was your stupid mistake. Did RCCL pay for your surgery?

[camperhawk]

No offense but that was your stupid mistake. Did RCCL pay for your surgery?

No of course not, my insurance did! Accidents happen

[bellatsava]

Love how everyone becomes a lawyer and thinks they know how this should have worked. These cases are incredibly hard to prove and the fact that they got a verdict (NOT A SETTLEMENT - from a judge, not a jury no less) is huge. This will not make the price of cruises go up - Carnival has insurance that will pay this. And quite frankly based on what was in the article, this lady deserves every penny. I doubt there will be an appeal...

 

And to whoever made the McDonald's comment - you have no idea what you are talking about. The coffee gave her 3rd degree burns and had to have plastic surgery to have her private parts reconstructed. Corporate had memos regarding previous coffee temp, burns and the danger - decided to keep the coffee that hot, less refills, save $... If you got your wobbly bits burned off, bet you'd sue!

[flcruiser4]

Why? The article says she has had six operations and more to follow. That's pretty bad. I was in a car accident. Spent 5 days in the hospital, had surgery, 3 weeks missed work and had to use a walker for about a month and a half. That was 5 years ago and I still have pain from it. Accidents can affect your life forever. How do you put a dollar amount on permanant pain and suffering?

 

I bet 99% of people would do exactly as she did. Sue and the court determines the amount.

 

I completely disagree. Why is there a price tag on pain and suffering? What is the money going to do to reduce your "pain and suffering"? I agree that the party at fault should have to pay all the past and future medical bills, as well as loss of income. But the majority of the money she got was for neither of those. This is why everything (especially healthcare) is so expensive these days. We live in such a litigious society. No one should ever be awarded more money than it will cost to cover the medical expenses and loss of income- period. That $2m is probably more money than she would have made in the next 20 years.

 

I know someone that sued a store for a slip and fall when she said that she basically walked into a display she did not see. She was back at work a few days after it happened and now wants a ridiculous amount of money for her permanent damage and pain and suffering. What a scam.

[RuthlessBoss]

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:

 

To a layman, the word surgery sounds huge. I'm sure her worst one, whatever it was is done. Again, the others may be retouching and refining. Hey, removing a tooth is surgery, removing a wart is surgery. If her kneecap was destroyed totally, a joint replacement would be in order. She must be fairly young, replacements are not generally done on a young person. I did not make judgement, I just said all surgeries don't have to be major to be called a surgery. :eek:

[hubofhockey]

I completely disagree. Why is there a price tag on pain and suffering? What is the money going to do to reduce your "pain and suffering"? I agree that the party at fault should have to pay all the past and future medical bills, as well as loss of income. But the majority of the money she got was for neither of those. This is why everything (especially healthcare) is so expensive these days. We live in such a litigious society. No one should ever be awarded more money than it will cost to cover the medical expenses and loss of income- period. That $2m is probably more money than she would have made in the next 20 years.

 

 

If you hurt someone and create pain and suffering, you don't get away with it in our society. This isn't frivolous. I suppose you are going to tell us that if she lost a leg, Carnival would only be responsible for her medical bills. This woman deserves compensation for her pain and you are no position to know how much pain was done. This wasn't a runaway jury. It was a judge making the decision and both Carnival and and the plaintiff had high powered attorneys.

[flcruiser4]

If you hurt someone and create pain and suffering, you don't get away with it in our society. This isn't frivolous. I suppose you are going to tell us that if she lost a leg, Carnival would only be responsible for her medical bills. This woman deserves compensation for her pain and you are no position to know how much pain was done. This wasn't a runaway jury. It was a judge making the decision and both Carnival and and the plaintiff had high powered attorneys.

 

If she lost a leg (which she did not), what is $2m going to do to make the situation better? Carnival should pay for a prosthetic then. That's it. Heck, maybe Carnival can pay for modifications to her house and car too. But that's it. Compensation for pain is complete bull in my opinion. I've been in several car accidents that were not my fault. Never sued anyone for the possible future health issues I could have from it like most people do.

[cruisin1982]

admitted fault so they knew it would cost them and they do have insurance. Lets not just look at what this woman awared but how this affected her life this was just a simple slip and fall. I don't think Carnival will fight this if they do and lose it could cost them more

 

Mike

[DarthGrady]

While I feel for the woman who slipped by accident, I feel that the settlement is absolutely absurd!

 

Agree 100%

[Laurie S.]

Love how everyone becomes a lawyer and thinks they know how this should have worked. These cases are incredibly hard to prove and the fact that they got a verdict (NOT A SETTLEMENT - from a judge, not a jury no less) is huge. This will not make the price of cruises go up - Carnival has insurance that will pay this. And quite frankly based on what was in the article, this lady deserves every penny. I doubt there will be an appeal...

 

And to whoever made the McDonald's comment - you have no idea what you are talking about. The coffee gave her 3rd degree burns and had to have plastic surgery to have her private parts reconstructed. Corporate had memos regarding previous coffee temp, burns and the danger - decided to keep the coffee that hot, less refills, save $... If you got your wobbly bits burned off, bet you'd sue!

 

 

I'm not dumb enough to put a cup of steaming hot coffee between my legs in a moving vehicle or anywhere else for that matter. I believe in personal responsibility, and because she was dumb enough to do that, her huge award was justifiably cut later.

[hubofhockey]

If she lost a leg (which she did not), what is $2m going to do to make the situation better? Carnival should pay for a prosthetic then. That's it. Heck, maybe Carnival can pay for modifications to her house and car too. But that's it. Compensation for pain is complete bull in my opinion. I've been in several car accidents that were not my fault. Never sued anyone for the possible future health issues I could have from it like most people do.

 

I suppose it you lost your child due to a corporation's negligence, all you would believe that a company should pay for is the funeral. It is somewhat twisted thinking. But I guess it works for you.

[iluvdoxies]

I told my adult son that my greatest fear on cruise ships is falling down and getting injured. I have seen some serious accidents on ships when people fall down the stairs or just walking around the outside decks.

 

One lady I knew slipped as she walked out onto the outside deck.

She fell and broke a part of her leg in half. That was a serious injury. I don't know if she ever sued Carnival. That type of fall can happen to anybody.

 

I try to avoid the stairs as much as possible. I hold on with two hands when I do have to walk up or down the stairs. I just don't want to fall

if my foot gets caught on something or I miss a step.

 

I prefer to stay safe than get injured on a ship. They can keep their money. My health is more important.

 

Mine too, I'm so clumsy by nature plus one of my medications messes up my balance. I wont even use the stairs unless I absolutely have no choice.

 

One of our fellow cc members said one of his favorite pastimes is to sit by the pool and laugh when people slip and fall....I wanted to slap him silly for that insensitive remark.

[richstowe]

I suppose it you lost your child due to a corporation's negligence, all you would believe that a company should pay for is the funeral. It is somewhat twisted thinking. But I guess it works for you.

 

Your response is over the line and yet I can't argue with your logic.

[kbmeow]

I'm not dumb enough to put a cup of steaming hot coffee between my legs in a moving vehicle or anywhere else for that matter. I believe in personal responsibility, and because she was dumb enough to do that, her huge award was justifiably cut later.

 

100% agree with this. I will not even open a hot cup of anything in my car for fear of spilling it.

[halos]

"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.

 

No, the way I see it is CCL (and maybe others lines too) will choose better decking when building new ships and possibly do something about the slippery decking they have.

 

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.

 

I did read your post and I find it amazing how YOU personally know this woman's body and what she has gone through....

and I find it disturbing how you can equate the injury of a 4 year old to an adult.

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.

Thank God someone gets it!

 

Listen, I hate law suits and (forgive me) lawyers just as much as anyone and I am a total believer in people being responsible for their own actions and I do think we live in a society where everyone seems to need to cast blame and sue everyone for everything...however, these decks are notoriously slick. Something should be done about it.

I am super cautious when walking on any wet areas around the ship and I hate having to think about every step I take...it's a nuisance to be honest. I also think that if you are in an atmosphere where drinking alcohol is pretty much what everyone is doing, as a business you have to be responsible as well.

If any other business in the US had floors that slick, they'd be cited for it.

This is in no way shape or form the same as the coffee/McDonalds thing.

[glrounds]

No, the way I see it is CCL (and maybe others lines too) will choose better decking when building new ships and possibly do something about the slippery decking they have.

 

I did read your post and I find it amazing how YOU personally know this woman's body and what she has gone through....

and I find it disturbing how you can equate the injury of a 4 year old to an adult.

 

Thank God someone gets it!

 

Listen, I hate law suits and (forgive me) lawyers just as much as anyone and I am a total believer in people being responsible for their own actions and I do think we live in a society where everyone seems to need to cast blame and sue everyone for everything...however, these decks are notoriously slick. Something should be done about it.

I am super cautious when walking on any wet areas around the ship and I hate having to think about every step I take...it's a nuisance to be honest. I also think that if you are in an atmosphere where drinking alcohol is pretty much what everyone is doing, as a business you have to be responsible as well.

If any other business in the US had floors that slick, they'd be cited for it.

This is in no way shape or form the same as the coffee/McDonalds thing.

 

Right on target, halos.:)

 

In my cruises I've seen people slip and fall many times trying to walk on these decks (especially with flip-flops). I've seen slips and "almost" falls a zillion times. OSHA would have a field day in the US with these decks in any business.

This "huge" amount everyone is referring to will probably be chopped in half to arrive at a settlement versus an appeal. The lawyers will suck up at least half of that and after all is said and done, the injured party usually gets very little of what's left.

[flcruiser4]

I suppose it you lost your child due to a corporation's negligence, all you would believe that a company should pay for is the funeral. It is somewhat twisted thinking. But I guess it works for you.

 

What is money going to do to bring back my child? The twisted thinking is asking for millions of dollars in return. I would ask for funeral expenses, depression counseling, etc, but not some absurd amount of money. The best outcome would be to force the corporation to fix the problem so it does not happen again.

 

You know what the real problem is- most of the time the party filing the lawsuit contributed to the issue with their own negligence and just does not want to admit it.

[gemsm]

No of course not, my insurance did! Accidents happen

 

And if the accident was due to someone else's negligence then they should pay for the consequences. If the accident was due to your negligence then all bets are off.

 

So which was it?

[gemsm]

Love how everyone becomes a lawyer and thinks they know how this should have worked. These cases are incredibly hard to prove and the fact that they got a verdict (NOT A SETTLEMENT - from a judge, not a jury no less) is huge. This will not make the price of cruises go up - Carnival has insurance that will pay this. And quite frankly based on what was in the article, this lady deserves every penny. I doubt there will be an appeal...

 

And to whoever made the McDonald's comment - you have no idea what you are talking about. The coffee gave her 3rd degree burns and had to have plastic surgery to have her private parts reconstructed. Corporate had memos regarding previous coffee temp, burns and the danger - decided to keep the coffee that hot, less refills, save $... If you got your wobbly bits burned off, bet you'd sue!

 

I do believe the point folks on here were trying to make with regards to McDonalds is one of comparitive negligence. Yes McDonald's had very hot coffee but the lady that placed said hot coffee between her legs and got her wobbly bits burned off was more negligent then Mcdonalds for doing something so stupid that could possibly get her wobbly bits burned off.

[gemsm]

I completely disagree. Why is there a price tag on pain and suffering? What is the money going to do to reduce your "pain and suffering"? I agree that the party at fault should have to pay all the past and future medical bills, as well as loss of income. But the majority of the money she got was for neither of those. This is why everything (especially healthcare) is so expensive these days. We live in such a litigious society. No one should ever be awarded more money than it will cost to cover the medical expenses and loss of income- period. That $2m is probably more money than she would have made in the next 20 years.

 

I know someone that sued a store for a slip and fall when she said that she basically walked into a display she did not see. She was back at work a few days after it happened and now wants a ridiculous amount of money for her permanent damage and pain and suffering. What a scam.

 

Says someone who has never been in an accident through no fault of their own. Trust me your judgement will change when it happens to you. It isn't just the money to cover medical expenses and lost wages. It is also the months you miss of your life recovering from said accident. It is also the things you will never be able to do again because of the injuries incurred in said accident. Unless you have actually been in one you wouldn't understand. I didn't until it happened to me.

[BlueJacketsFan1]

Just to let someone who might not know. Wet floors are slippery! :eek:

[gemsm]

If she lost a leg (which she did not), what is $2m going to do to make the situation better? Carnival should pay for a prosthetic then. That's it. Heck, maybe Carnival can pay for modifications to her house and car too. But that's it. Compensation for pain is complete bull in my opinion. I've been in several car accidents that were not my fault. Never sued anyone for the possible future health issues I could have from it like most people do.

 

Then you should thank the good lord above that you don't have any. Me -- I can't even mow the lawn without suffering pain. Ibuprofen has become and every day way of life and one day I will probably have to have a kidney transplant because of it. Not to mention the 40,000 dollars in debt I incurred due to my accident. So you are saying I am not entitled to be compensated for any of that because in your opinion its "complete bull"...Great compassion you have there.

[oldstuffshirt]

I hope this does not increase the fare for cruising

I find the 70 per day outrageous

If they are forced to put in non skid surfaces

It will be costly

Next thing you know we might be paying 75 per day