Carnival loses "slip-and-fall" lawsuit

[flcruiser4]

[quote name='nbsjcruiser']Ahhh the Carnival Cheerleaders are out in full force on this one. As soon as I read the initial post I thought the Cheerleaders would jump all over this poor woman and I was right. I do not understand what makes some of you people so defensible when it comes to Carnival. Is the the loyalty program, the warm chocolate melting cake? What is it? I don't get it. Read the article. Carnival ADMITTED LIABILITY! Yet some of you still don't get it. Put yourself in her shoes with a forever damaged knee. Six surgeries, future knee replacement. If that was you you'd want Carnival to pay for their admitted liability wouldn't you? Or would you just swallow the 2 or 3 hundred thousand in medical bills and get your pom poms out and do the Carnival cheer?

You people amaze me sometimes.[/quote]

Read the article before making comments like this. Read the posts as well. She got $1,960,000 for non-economic damages, ie pain and suffering, in addition to the $1m for medical bills and loss of income. No one is saying she should have to foot the bill for the surgeries. It's the ridiculous amount awarded for pain and suffering that is questionable.

[gemsm]

[quote name='Jolimont']My solution is to wear Nike pool shoes around pools in general. Other sports shoes brands make them too. Not the prettiest things in the world, but it's better than landing on my behind or knees.[/QUOTE]

Where do you get them? Places like Sports Authority? I am a natural klutz so any advantage I can get would be good :)

[woodofpine]

That's HUGE. Cruise lines vigorously contest case that are litigated. Admitting liability keeps ugly facts out - like a history of injury accidents on this surface that the line 'decided' not to correct because it was financially convenient not to... Like in the '70's when Ford calculated that many lives would be lost - but redesigning the exploding gas tank of the old 'Pinto' would cost $100 per car (Those are profits ma boy!)... Yah - corporations need cheerleaders... (I'm a former Chamber of Commerce President...)

One poster basically said - oh they'll appeal, nothing is lost... SORRY - appeals result in a changed results less than 20% of the time. An attorney crying, "We'll appeal!", that's just save face for the camera... (OJ's still in a Nevada prison...) Carnival knew they were writing a check admitting liability, they were simply arguing damage accounting... If there is 'any' evidence to support the Judge's accounting they lose the appeal... Oh - and they have to bond off the money in the meantime so they do pay - now.

And the 'evil twin' Chamber of Commerce's perspective on the notorious McDonald's coffee case. The public perception of that case is insurance industry 'tort reform' nonsense... The facts,

- Elderly woman is severely burned in her car shortly after delivery of coffee from drive through (6% full body 3rd degree burns concentrated on thighs and genitals requiring extensive skin grafts - nice);
- McD's coffee (190 degrees) is about 30 degrees hotter than competitors and 40-50 hotter than 'at home', ultra hot means ultra dangerous dermatologically;
- McD's has record of >700 coffee burns over a decade many very serious (but ultra hot temperature is a sales attribute);
- McD's rejects a $20,000 pre-suit settlement offer by the injured woman (pay my medicals):eek:;
- McD's rejected several relatively modest settlement offers during litigation:rolleyes: ;
- Jury awards woman $160,000 compensatory damages and over $2.5M in punitive damages (2 days coffee sales) and the insurance lobby has a field day (stop 'reality');
- (resume reality) Judge reduces puntives to $480,000 (compensatory x 3);
- McD's 'appeals' - case is settled confidentially on appeal (reportedly) at around $500,000.

And oh BTW - McD's reduces its hyper-scalding coffee's temperature by 30 degrees... and Ronald McDonald's World is a safer place... ;)

Do you suppose the 'suits' at corporate reviewed the decision to reject the $20,000 pre-suit settlement offer... Probably not... Look at all the great 'tort reform' propaganda that was born out of it!

[nbsjcruiser]

[quote name='flcruiser4']Read the article before making comments like this. Read the posts as well. She got $1,960,000 for non-economic damages, ie pain and suffering, in addition to the $1m for medical bills and loss of income. No one is saying she should have to foot the bill for the surgeries. It's the ridiculous amount awarded for pain and suffering that is questionable.[/QUOTE]

Why is it ridiculous? Do you know how much pain she is in? Are you a Doctor or perhaps you've broken your knee previously and know that its a piece of cake to recover from? How many children does she have to take car of? Any? Maybe a sick husband or parent that now she can no longer care for? That contributes to her pain and suffering. You know none of these answers yet the pain and suffering is too much.

There's nothing wrong with having a favorite cruise line but the lengths that some people go to do defend completely indefensible situations is laughable. Carnival ADMITTED LIABILITY for crying out loud. Its no different than someone driving recklessly on the road. Its THEIR fault not the victims. She was hurt and deserves exactly what she got especially if Carnival is admitted that they screwed up.

[MissDiva1]

[quote name='flcruiser4']Read the article before making comments like this. Read the posts as well. She got $1,960,000 for non-economic damages, ie pain and suffering, in addition to the $1m for medical bills and loss of income. No one is saying she should have to foot the bill for the surgeries. [B]It's the ridiculous amount awarded for pain and suffering that is questionable.[/B][/quote]

You cannot put an amount on pain and suffering.......it may sound ridiculous to you but until you have been in similer shoes......I would button up if I were you........

[futaba951]

If someone can extract $3M out of anyone, God bless them. I'm sure they NEED some of it and the rest I hope they enjoy themselves. The ones crying foul are just jealous that they haven't been able to hit the jackpot. Oh, yeah, spare me the self righteous spin, you're jealous. And evidently not as slick as you would like us all to believe or you too would have $3M. :p

[gtalum]

"Non-economic damages" are the reason our court system is the laughingstock of the developed world. Courts should ensure that parties are made financially whole and that's it.

[gemsm]

[quote name='gtalum']"Non-economic damages" are the reason our court system is the laughingstock of the developed world. Courts should ensure that parties are made financially whole and that's it.[/QUOTE]

That is part of what "non-economic" damages do.

[flcruiser4]

[quote name='gtalum']"Non-economic damages" are the reason our court system is the laughingstock of the developed world. Courts should ensure that parties are made financially whole and that's it.[/quote]

Exactly. And everyone on here thinks I'm a self-righteous nut with no empathy for suggesting it.

[flcruiser4]

[quote name='futaba951']If someone can extract $3M out of anyone, God bless them. I'm sure they NEED some of it and the rest I hope they enjoy themselves. The ones crying foul are just jealous that they haven't been able to hit the jackpot. Oh, yeah, spare me the self righteous spin, you're jealous. And evidently not as slick as you would like us all to believe or you too would have $3M. :p[/quote]

Jealous??? No. You've got me all wrong. I went to college and grad school and I have been working my behind off since I was 15 so that I could live the lifestyle I want. I do not need anyone else's money. I live a very nice lifestyle and I'm not even 30 years old yet, and it only keeps getting better.

I've had plenty of opportunities to file lawsuits, but chose not to because I was made whole without one. But like I said before, you have all taught me a lot. I will now keep phone numbers for personal injury attorneys on speed dial in my cell phone, and I'll be sure to call one the next time I trip over myself in a business establishment and decide to blame someone else for it. Surely the attorney will find something to file a lawsuit for. Oh wait- no I won't! Why? Because I don't go around looking for ways to get free money in life.

I understand the injuries she sustained were bad- but her "pain and suffering" is not worth an additional $2m. She was already awarded past and future medical expenses, and past and future loss of income.

[futaba951]

Exactly. And everyone on here thinks I'm a self-righteous nut with no empathy for suggesting it.

 

I don't think you are a self righteous nut. I was thinking more along the lines of pathetic and juvenile. See the last sentence of post 149 and tell me how you can read your own rhetoric and not see it?

[flcruiser4]

That is part of what "non-economic" damages do.

 

No. Economic damages make people whole. Non-economic damages give them money to go on a shopping spree with. Here are some links to help you understand this:

 

http://www.facs.org/acspa/damagedefined.html\

 

http://www.cbdlaw.com/CM/LegalDefinitionsGlossary/LegalDefinitionsGlossary23.asp

[halos]

I understand the injuries she sustained were bad- but her "pain and suffering" is not worth an additional $2m. She was already awarded past and future medical expenses, and past and future loss of income.

 

 

There is an absolute possibility that you are right, the thing is YOU DON'T KNOW for sure.

You know nothing...zip, nada, zilch about this woman. The idea that you have her all figured out just be reading one article is what people have an issue with here...but, as you stated, you are young. This puts your posts into perspective at least.

[flcruiser4]

I don't think you are a self righteous nut. I was thinking more along the lines of pathetic and juvenile. See the last sentence of post 149 and tell me how you can read your own rhetoric and not see it?

 

Pathetic and juvenile because I don't agree that people should be made millionaires when they have an "accident"? We all know those pool decks are slippery. How do we know what she was doing or how she was walking when she fell? Many have stated on here that they wear specific shoes, walk at a different pace, etc around those pool decks to avoid slipping. She could have done the same. I'm not saying Carnival has no liability in this, but perhaps she has some too. The $1m they gave her for medical expenses and loss of income was plenty.

[futaba951]

Jealous??? No. You've got me all wrong. I went to college and grad school and I have been working my behind off since I was 15 so that I could live the lifestyle I want. I do not need anyone else's money. I live a very nice lifestyle and I'm not even 30 years old yet, and it only keeps getting better.

 

I've had plenty of opportunities to file lawsuits, but chose not to because I was made whole without one. But like I said before, you have all taught me a lot. I will now keep phone numbers for personal injury attorneys on speed dial in my cell phone, and I'll be sure to call one the next time I trip over myself in a business establishment and decide to blame someone else for it. Surely the attorney will find something to file a lawsuit for. Oh wait- no I won't! Why? Because I don't go around looking for ways to get free money in life.

 

I understand the injuries she sustained were bad- but her "pain and suffering" is not worth an additional $2m. She was already awarded past and future medical expenses, and past and future loss of income.

 

But she got it, and you begrudge her that. Maybe bitter is a better word. You know this won't actually cost Carnival anything by the time they set up her structured settlement and pay this out over 20 years. Interest will pay the claim and in the end Carnival will still have the money put into the trust. The poor lady will get a little each year so as to be nearly useless to her.

[gtalum]

That is part of what "non-economic" damages do.

 

Economic damages make parties whole. Non-economic damages are a lottery ticket.

 

You can't take away pain and sufferng with more money, so it's stupid to award money for pain and suffering. If carnival needs to be fined for law or code violations, the fine should be levied by the authorities, not handed to the victim.

[flcruiser4]

But she got it, and you begrudge her that. Maybe bitter is a better word. You know this won't actually cost Carnival anything by the time they set up her structured settlement and pay this out over 20 years. Interest will pay the claim and in the end Carnival will still have the money put into the trust. The poor lady will get a little each year so as to be nearly useless to her.

 

I am bitter, but not because I want the $3m. I just think that in general our legal system makes it too easy for people to strike it rich over things that really are just un-intentional mistakes often times. People/companies should be held accountable for their actions, but the economic damages and punitive damages have just gotten out of control.

[futaba951]

Pathetic and juvenile because I don't agree that people should be made millionaires when they have an "accident"? We all know those pool decks are slippery. How do we know what she was doing or how she was walking when she fell? Many have stated on here that they wear specific shoes, walk at a different pace, etc around those pool decks to avoid slipping. She could have done the same. I'm not saying Carnival has no liability in this, but perhaps she has some too. The $1m they gave her for medical expenses and loss of income was plenty.

 

No. Pathetic and juvenile because of comments like the last sentence in post 149. The woman got her money because Carnival uttered the most holy of legal words, "it was our fault your Honor".

[halos]

Are you enjoying yourself???? :p

[flcruiser4]

No. Pathetic and juvenile because of comments like the last sentence in post 149. The woman got her money because Carnival uttered the most holy of legal words, "it was our fault your Honor".

 

There is nothing wrong with my last sentence. The person I was addressing thinks I am just some moron that knows nothing about law. I was just stating that I am not just talking out of my a**. I took several law courses in college/grad school.

[MissDiva1]

Pathetic and juvenile because I don't agree that people should be made millionaires when they have an "accident"? We all know those pool decks are slippery. How do we know what she was doing or how she was walking when she fell? Many have stated on here that they wear specific shoes, walk at a different pace, etc around those pool decks to avoid slipping. She could have done the same. I'm not saying Carnival has no liability in this, but perhaps she has some too. The $1m they gave her for medical expenses and loss of income was plenty.

 

Bingo! You finally get it:p What part of Carnival admitting fault don't you get:confused:

[flcruiser4]

Bingo! You finally get it:p What part of Carnival admitting fault don't you get:confused:

 

That doesn't mean she was wearing rubber sneakers and walking at a super slow pace around the pool. Carnival admitted liability and they should pay for it- agreed. Does it mean they should pay for all her expenses and loss of income? Yes. Should they throw in an extra piddly little $2m just to be nice? No. People are acting like $2m is nothing.

[LivingWild]

I am simply amazed that so many people here believe that this amount of money is going to make her wealthy. It's 2011, not 1975.

[MissDiva1]

That doesn't mean she was wearing rubber sneakers and walking at a super slow pace around the pool. Carnival admitted liability and they should pay for it- agreed. Does it mean they should pay for all her expenses and loss of income? Yes. Should they throw in an extra piddly little $2m just to be nice? No. People are acting like $2m is nothing.

 

My point was you don't know what exactly happened. Nor do you know the ordeal she went thru, or will have to go thru the rest of her life. It very well may be the extra piddly $2m will not be enough.......

[futaba951]

are you enjoying yourself???? :p

I am!!