Injured on Ship due to Negligence of Ship/Crew? What Happened?

[Rowan555]

I am curious to hear stories from people who were injured on a Carnival ship due to negligence of the crew or malfunction of the ship. What was the procedure Carnival took on board, did they give you an incident or medical report to take home, and what compensation did you receive afterwards?

 

I know someone who had an incident happen, and I'm trying to get an idea of what the "norm" is because it seems that in this case the shipboard staff did not handle it very well. Just not sure what other actions can/should be taken.

 

Thank you!

[earlethepearl]

I personally don't know, but have read on the boards about the ship taking care of any infirmary charges. Haven't heard alot about monetary settlements from the cruise lines just dealing directly with them and not involving legal action. Hopefully you will get some good feedback on this one here.

 

And hopefully everyone won't jump in and start screaming it's their fault! Not the crew's fault! blah blah blah Because you know that often times happens on this board. :p

[kornkob]

And hopefully everyone won't jump in and start screaming it's their fault! Not the crew's fault! blah blah blah Because you know that often times happens on this board. :p

 

 

That happens on most boards largely due to incomplete or horribly skewed versions of events.

[Georgiagolfer]

I am curious to hear stories from people who were injured on a Carnival ship due to negligence of the crew or malfunction of the ship.

I know someone who had an incident happen, and I'm trying to get an idea of what the "norm" is because it seems that in this case the shipboard staff did not handle it very well. Just not sure what other actions can/should be taken.Thank you!

 

And hopefully everyone won't jump in and start screaming it's their fault! Not the crew's fault! blah blah blah Because you know that often times happens on this board. :p

 

I won't jump in and say not ship or crew fault, but can't respond on any actions taken unless the OP wants to share the info and details with us. Not sure anyone can or should attempt to share blanket info. Just need the details.

[7toEleven]

I just have to chime in to report that while on the Spirit last week, I witnessed a gentleman leaving the Lido Buffet area with a tray. His glass of ice fell over and lots of it landed on the floor. He was aware of this, as I saw him look at it, but then he just kept going! I couldn't beleive my eyes! My husband and I jumped up to warn people of the ice, and to get crew members to clean it up. Can you imgaine what would happend to someone who stepped on a piece of ice? I hope that fellow sees this posting and I can say..............shame on you, you self-centered slob!

There now, I feel better! Anyway, quickly cleaned-up and no one was hurt.

Of course, completely off subject, sorry!

[Rowan555]

And hopefully everyone won't jump in and start screaming it's their fault! Not the crew's fault! blah blah blah Because you know that often times happens on this board. :p

 

 

Well, I'm hoping I can just get some past experiences without the editorials. This was an injury related to post-drydock work being done on the ship and negligence of the crew who left dangerous materials lying about. Nothing more needs to be said. I'm just wanting to know mainly if an incident report or doctor's report was handed over to the injured party, and what sort of compensation Carnival offered - partial refund, discount on future cruise, etc. - just to give my friend an idea of whether her incident was handled according to the "norm" or whether something was mishandled.

[Rowan555]

I won't jump in and say not ship or crew fault, but can't respond on any actions taken unless the OP wants to share the info and details with us. Not sure anyone can or should attempt to share blanket info. Just need the details.

 

As I posted, I'm not looking for advice on THIS situation, I'm wanting to know what others have experienced if they were injured themselves on a Carnival ship. This is just to provide a point of reference - I'm not seeking legal advice here.

[trock]

Well, I'm hoping I can just get some past experiences without the editorials. This was an injury related to post-drydock work being done on the ship and negligence of the crew who left dangerous materials lying about. Nothing more needs to be said. I'm just wanting to know mainly if an incident report or doctor's report was handed over to the injured party, and what sort of compensation Carnival offered - partial refund, discount on future cruise, etc. - just to give my friend an idea of whether her incident was handled according to the "norm" or whether something was mishandled.

 

 

Rowan you certainly are brave to ask this question on this board!;)

There are law firms in Miami specializing in cruise mishaps and maritime laws etc.. They could probably answer your questions better.. Here, you are just going to get aggravated..

:)

[code_d]

We were on the NCL Dawn in the steakhouse. My wife is allergic to eggs and we VERY clear on it from precruise to the server and the manager on duty. At dinner she went into anaphylaxis and had to be rushed to the clinic. She was there over night and o nIV drugs that got her better by morning. Thank god for on board doctors. They kept saying there were no eggs, but it was clear. There is definately a language/understanding barrier and we try to make sure we are taking responsability as much as we can. They tried to charge us for the doctor, but after a few days we got that reversed, some strawberries, and a well wishing. We left it at that, as I truely don't believe it was intentionalor with malace and they did the right thing in the end. Sorry no CCL experiences, hope this helps.

[CruiznWithHubby]

I think the problem is that you get into a whole bunch of legal mumbo jumbo about what exactly negligence IS,,,and there are varying degrees of negligence,,,,from a simple mistake,,,,up to GROS negligence,,,,

 

I once accidentally burned down my house,,,,,I knocked a pile of towels onto a gas stove,,,,and the place went up like a tinder box faster than I could put it out,,,,

 

Unfortunately,,,,,accident or no,,I was liable,,,,it was negligence,,,,did I plan it? Only if you think being homeless and losing everything I had and being sued for 176 grand was my idea of "fun",,, Could I have forseen it? Possibly,,,how negligent exactly WAS I? How negligent was the landlord for providing me a fire extinguisher that didn't work? That's what the courts are for,,,and trust me,,,,,,,they weigh this stuff,,,

 

IOW,,,,,,how Carnival, or any other cruise line handles it,,,,,probably depends a bit on the degree of negligence involved,,,which is exactly why Carnival has insurance against this sort of thing,,,,,,and exactly why I will never be without insurance again,,,,,,

 

Holly

[jandjfun]

If you are asking if we got an incident report, or medical report, then the answer is no.

[Rowan555]

If you are asking if we got an incident report, or medical report, then the answer is no.

 

Thank you - that was the main concern and I was wondering what their standard practice was.

[disneyfolks]

Everything you do, experience, and all the conditions of your cruise including all liability are fully detailed in the Cruise Ticket Contract, which you must have agreed to in able to board the ship. Section 11(a) seems to clearly indicate Carnival, if it is their fault, will accept all liability. Also, important to fully understand Section 12(a), as this clearly indicates the limitations placed on the liability they could pay. The cruise ticket contract can be found under legal on the home page of the Carnival web site.

 

We once were on a Celebrity cruise, and a lady tripped over torn carpet. The response from Celebrity was nothing less than terrible, crew in the area had no idea what to do. The finally took the lady down to the medical facilities, then had maintenance duct tape the rip in the carpet. Unbelievable, and all caught on video.

[spleenstomper]

Did the injury require surgery? Will the injury take months or longer to heal? Is the injury permanent?

[NCTribeFan]

As I posted, I'm not looking for advice on THIS situation, I'm wanting to know what others have experienced if they were injured themselves on a Carnival ship. This is just to provide a point of reference - I'm not seeking legal advice here.

 

I guess I don't understand how what may have happened to others would have any bearing on the situation about which you're asking. :confused:

 

I'm guessing various incidents have been handled in various ways, depending on the facts and circumstances.

 

On Glory in May, DD was in the shower in the spa and the showerhead fell off and clunked her on the side of the head. She had a huge lump and headache that last day. She didn't tell me until we were disembarking. Why? Because she figured I'd get all bent out of shape and go yell at someone! :o

 

When I wrote to Carnival about the good and not-as-good things on that cruise, I mentioned it to them and also stated that I realized the spa was independently managed and that I didn't expect anything, but I just wanted them to know. It could've been worse. It could've landed on her foot and broken something.

[Rowan555]

I guess I don't understand how what may have happened to others would have any bearing on the situation about which you're asking. :confused:

 

 

I totally understand that, and I wasn't expecting a whole lot, just wondering what other people's experiences were. The biggest question is whether or not a report of the incident and/or the medical treatment required was given to those who were injured on board. This was a somewhat serious injury which has resulted in loss of work post-cruise. The person in question requested, but did not receive, a report of any kind from the ship or the doctor, and we were wondering if this is standard practice.

[Kurbanfan]

The person in question requested, but did not receive, a report of any kind from the ship or the doctor, and we were wondering if this is standard practice.

 

Really? Wow....I suppose then that is where your camera would come in handy;)

[Hurry&Wait]

I totally understand that, and I wasn't expecting a whole lot, just wondering what other people's experiences were. The biggest question is whether or not a report of the incident and/or the medical treatment required was given to those who were injured on board. This was a somewhat serious injury which has resulted in loss of work post-cruise. The person in question requested, but did not receive, a report of any kind from the ship or the doctor, and we were wondering if this is standard practice.

 

The passenger's claim for injuries against the cruise line is only that of negligence. The standard of care is that the cruise lines must exercise "reasonable care under the circumstances." There is one federal and published case that ruled that the "extent to which the circumstances surrounding maritime travel are different than those encountered in daily life and involve more danger to the passenger will determine how high a degree of care is reasonable in each case." However, the cruise lines have no duty to warn of open and obvious dangers (yes I know this is scary but I don't make up the laws):(

 

The cruise line can and will argue Comparative Fault and will reduce the damages which could be awarded. I do not mean to say that the cruise line is never at fault and we all understand that some cases must be litigated. However, the laws are different for a cruise line than for you and me. As a prior poster duly noted there are maritime attorneys in Miami. Obviously they are there for a reason.

 

I doubt the physician will write a report if the cruise line knows they have legal exposure in the case. If you didn't ask or get the report right then and there, you may get it through legal discovery and even that may be quite a challenge. The cruise industry (be it Carnival or whomever) has been around long enough and has risk managers and attorneys whom understand that when liability is not in their favor, do not document.

 

Hope this helps.

[CruiznWithHubby]

Did the injury require surgery? Will the injury take months or longer to heal? Is the injury permanent?

 

Exactly,,,someone can be negligent,,,but that doesn't automatically qualify you for anything,,,,

 

there must be DAMAGES,,,,,,a skinned knee is not much in the way of damages,,,,

 

losing a leg from someone's negligence is far more damages,,,,and everything in between,,,,,

 

Holly

[Rowan555]

Exactly,,,someone can be negligent,,,but that doesn't automatically qualify you for anything,,,,

 

there must be DAMAGES,,,,,,a skinned knee is not much in the way of damages,,,,

 

losing a leg from someone's negligence is far more damages,,,,and everything in between,,,,,

 

Holly

 

The damages involve loss of work due to a significant injury, which is the only reason I am trying to get some information about others' experiences.

[CruiznWithHubby]

The passenger's claim for injuries against the cruise line is only that of negligence. The standard of care is that the cruise lines must exercise "reasonable care under the circumstances." There is one federal and published case that ruled that the "extent to which the circumstances surrounding maritime travel are different than those encountered in daily life and involve more danger to the passenger will determine how high a degree of care is reasonable in each case." However, the cruise lines have no duty to warn of open and obvious dangers (yes I know this is scary but I don't make up the laws):(

 

The cruise line can and will argue Comparative Fault and will reduce the damages which could be awarded. I do not mean to say that the cruise line is never at fault and we all understand that some cases must be litigated. However, the laws are different for a cruise line than for you and me. As a prior poster duly noted there are maritime attorneys in Miami. Obviously they are there for a reason.

 

I doubt the physician will write a report if the cruise line knows they have legal exposure in the case. If you didn't ask or get the report right then and there, you may get it through legal discovery and even that may be quite a challenge. The cruise industry (be it Carnival or whomever) has been around long enough and has risk managers and attorneys whom understand that when liability is not in their favor, do not document.

 

Hope this helps.

 

You sound like a lawyer:p Are you??? Also, correct me if I'm wrong, but it's sometimes far harder to prove DAMAGES then one would think,,,,when you trip and fall over a rip in the carpet, and your leg is broken, it's much easier to prove,,,leg ok before tripping,,,leg not ok after tripping,,,

 

but some kinds of damages are far more difficult to prove,,,,joint injuries, etc,,,sometimes it's argued that it was a preexisting condition, etc,,,,

 

Holly

[spleenstomper]

The bottom line is: your friend can contact the risk management department and send them paperwork documenting the loss of work, etc and request a compensation, but if they refuse, your friend has little recourse.

 

Unless the injury involved a minimum of surgery and is bad enough that any attorney can justify the amount of money they can bring into the firm for the amount of work they will do on the case, they won't take the case. Accidental death, dismemberment, brain damage, paralysis, etc.... those are the cases the personal injury attys. seek compensation for.

 

So basically your friend is at the mercy of Carnival's generosity and if Carnival isn't feeling generous, then your friend has to accept that.

[G'ma]

If you read the ticket contract, it outlines what happens in this event. But, first, you have to establish that it was negligence.

[Rowan555]

If you read the ticket contract' date=' it outlines what happens in this event. But, first, you have to establish that it was negligence.[/i']

 

Thanks to everyone for the input!

[sbcatcher1]

I am curious to hear stories from people who were injured on a Carnival ship due to negligence of the crew or malfunction of the ship. What was the procedure Carnival took on board, did they give you an incident or medical report to take home, and what compensation did you receive afterwards?

 

I know someone who had an incident happen, and I'm trying to get an idea of what the "norm" is because it seems that in this case the shipboard staff did not handle it very well. Just not sure what other actions can/should be taken.

 

Thank you!

 

My husband got injured on the Holiday last month, the hinge on the closet door did not have the screws in it, he was bending to get his shoe & the hinge came open & when he came up, it cut his head pretty bad. We called the purser (infirm was closed) they called the nurse & we met her at the inf.

Security was called. They did an incident report including photos. I got a copy of the report the next monrning. I requested it that evening. There was no charge for the infirmary. We became infamous as many Carnival Emp asked us how his head was. There was no $$ or credits of any kind.

I will say everyone was very professional & thorough.