Injured on ship .. need advice.

[hackwid]

Hi. Injured on one of RCCL's ships because coming out the windjammer thru the glass doors outside there was a large deposit of water. There was no warning sign nor was there anyone attempting to clean up. This was a place where one would not have expected water and therefore I fell. I am 71 years old and not prone to falling.

 

I laid on the ground for several minutes before a RCCL employee assisted me. I had fallen forward and twisted my knee and fell on my hand/wrist. When I was asked about medical attention, I agreed because I was fearful that I may have really done damage to my knee.

A RCCL employee called the medical faclity. We were in port that day and evidentially they were not open. So I was helped into a wheel chair and taken to the medical center.

I explained what happend to the doctor and xrays were taken. Nothing broken. However, my knee became very large and started to get black and blue. Someone came down to talk to me while I was in the medical center - I later learned this person was the safety inspector; however, he never introduced himself to me as this. I explained what happend and after about 2 hours I was wheeled back to my room. The rest of the 2 days on the ship I was wheelchair bound and my knee turned a nice shade of black. (and yes, I have pictures of my injuries).

 

My daughter went to guest services and tried to ask them about assuming liability and paying the medical bill. That was all we wanted. Not only did guest services blow us off; but, no one from RCCL ever followed up to confirm how I was doing. When my son-in-law went to talk to a supervisor of guest services, it was only then that they agreed to have a "full investigation" done. This was one full day after the incident. So while I am certain that RCCL never took pictures of the area and video of how long it took for a RCCL employee to clean the area up - lucky for us .. one person in our party did.

 

So after many phone calls for status of the incident report - we finally received a in-stateroom visit from the safety officer who denied us any information. He refused to confirm if RCCL corporate had been sent a report or what his findings were. He refused to say if he had done any interviews of the staff who responded or had video of the incident.

The bill for treatment was $300. This included $30 because we were in port. $30 to wheel me from the scene to the center and then to my room. $2. for a zip lock bag they told me to fill with ice. And of course $108 to see the doctor. The rest was xrays. As I believe they were responsible to ensure this area was not wet - I believe they should pay the medical billing. The video that we have of the scene also includes another passenger who almost fell. You can hear the person taking the video warn them to be careful right as they almost fell.

 

What do I do? I have called Risk Management at RCCL and have not received a call.

It has been almost a week and no-one from RCCL has called me to either discuss this incident report or take a statement from me. Nor has anyone called to ask how I am doing.

I do not live in Florida- however, there are attorneys that specialize in cruise ship liability.

Luckily nothing is broken; however, my lifestyle is still altered as my knee is still strained and black and blue.

 

Anyone been in this situation or have a suggestion of how to get them to absorb the medical bill? I have medicare and they will not cover me for we were in international waters and I did not take the insurance. However, from what I understand the insurance would not have paid as this is a liability accident.

 

Any suggestions? Thanks in advance.

[The Big Booper]

Travel Insurance will reimburse you for medical expenses aboard the ship.

 

As Amex used to say "Don't leave home without it".

 

But you didn't buy it.

 

Past that, can't help you. Anything I said would be conjecture and I am not an attorney.

[PhoenixCruiser]

Another reason to purchase travel insurance -- especially when you are on Medicare. You would have had to pay upfront but the insurance company would reimburse you if you had the proper paperwork.

 

###

[megr1125]

sorry you fell and got hurt........hope you're feeling better!

 

first off, the doctors are NOT employees of RC, they are contractors.....my mom was injured on Ex last month....they said her foot was not broken, well, it is...but that's another story.........at least we had RCs cruise care...i still have to send the bill to medicare and let them reject it, then to her supplemental so THEY can kick it, THEN to the company that underwrites the Cruisecare policy...

 

the ships' crew are probably trained to NOT admit liability or make any promises of payment (probably even that captain can't do that!) Do you know an attorney who cold give you a little advice?? it's probably a quick conversation and might be worth a small investment......

 

that said, don't erase that video! i am not a lawyer, BUT, i have sued a large company for negligence in small claims....you MAY be able to do it all via phone, fax and internet....

 

i believe you file a suit in small claims in miami-dade county.

 

http://www.miami-dadeclerk.com/dadecoc/

 

you PROBABLY will need the name of the registered agent for RC, the person to whom all sorts of service would be made....there exec offices will give it to you, or you MAY be able to google that...(i believe it is public record)

 

you have the video, you have the names (i hope) of people you spoke with......you'll need that....

 

the amount is not large, and again, i am not a lawyer, but when i was in a similar situation (a valet damaged my car at a hotel...) after they were served, their legal boys called and said to me, almost a quote, "how much will it cost us to make it go away...." i could have gotten more money, but i took the amount of the highest estimate....and then wound up getting it fixed cheaper as my friend's husband worked in a body shop....

 

good luck, i am sure you will get better advice, but at least you have something to chew on!

[Miss Vickie]

I got injured on broken glass in a poorly lit stair area at a hotel once - couldn't get them to admit responsibility, give me any info, show me their incident report, or pay for my urgent care visit. However, my travel insurance covered the costs. As said before, never leave home without it.

[firefly333]

I would write a letter snail mail, much better than phoning. Call risk management and CC someone important so they know someone other than them is reading the letter.

 

Phone calls you cannot prove but a letter with pictures, they have to respond, but it may take as much as 6 weeks from what I hear. Write them!! enclose pictures. Print them from the computer.

[Mijuraad]

While on a Holland America cruise two years ago, I fell exiting the theater. I tripped on one of the steps and cut my finger, requiring 5 stitches to close the cut.

 

Luckily for me, it was the cruise director who helped pick me up and take me to the infirmary. While there, I told him what had happened. I'd moved to the left side of the steps to make room for an elderly person with a cane. (I was 74 at the time, lol.) As I moved, I lost my balance and tripped. That was all. The HAL doctor did a beautiful job, fixed me up with a bandage and sling, and sent me to dinner. There was no charge.

 

Maybe different cruise lines have different rules, but I think Holland America showed class and created good will.

 

Hope your knee is all better now.

[Silvery Seas Cruiser]

I'm just stunned that you were charged for the wheel chair trip to your room and for the zip lock bag! I think those charges are outrageous. There is a charge to push you in a wheel chair when you are injured on the ship? That's seems so unfair.

 

I injured my ankle on Jewel and the cabin attendent gave me a zip lock bag and brought ice to the room for my ankle. There was no charge.

 

Anyway, I hope you can resolve these issues to yoru satisfaction. It sounds like an uphill battle though.

[cruiserbryce]

I would like to say that I would have noticed the water and walked carefully through it as not to fall...but who knows...

 

I actually had a medical incident on Vision of the Seas last year...I am 6'7" and was running up some stairs and cut my head open somewhat significantly...the result was a very expensive medical bill, $30 of it was the after hours fee that you paid for it happening while in port. The docs were great and fixed me up but it was very expensive...kind of the nature of medical incidents...hope you get this resolved

[scayuga]

Based on lots of information I have gleaned from the Boards here and the story that you wrote above, in my opinion, it doesn't sound like it would be worth pursuing. In order to take RCI to court to recover expenses you have to go to the court where they are registered (Atlanta or Miami) and retain an attorney unless it's in small claims court. Glad the injury wasn't more serious and as many have suggested - invest in travel insurance.

[mation101]

Im sorry for your accident.

 

If you have an accident at home lets say in a department store. An ambulance comes and takes you to the hospital. You are responsible for the ambulance and the hospital. Sure you might have some form or insurance and if this incident is covered under you plan you will not be responsible for some of the charges, or if you are lucky none of the charges.

 

Now you are on a cruise ship and they charge you for transportation to the medical facility and for the service you received at the facility. You do not have insurance for these proceedures, therefore you are responsible for these charges.

 

However if the department store was negligent and you were injured because of their negligence then you hire a lawyer and sue them for your pain and suffering.

 

If the cruise line was neglignet, you hire a lawyer and sue them for the charges.

 

I have been on many cruises and seen several slips and falls and in every case there has been employees there imediately to help and make sure the problem is solved, and the injured are taken care of.

 

If you are not getting the care or information you want from the person you are talking to ask for their supervisor, if they say that their supervisor is not available you stand strong and insist that you need to talk to the supervisor. There is always someone in the food chain that will take your situation seriously. Unfortunately sometimes it takes more work on your part than it should.

 

At this point you should probably look for legal advice if you have pics of both your knee and the water you slipped in.

[julia]

First of all, I'd like to thank the OP for posting his experience, and I truly hope that you fully recover, and that RCCL takes ownership of their part in this unfortunate mishap. Please keep us posted on how this progresses?

 

Secondly, I like to say how INFURIATING it is, in this day and age, to EVEN have areas on any cruise ship that are slippery and dangerous! Of course the floors will be wet at times (by weather or whatever) That is a given. So why not have EVERY surface be non-slip, rubberized, and traction ensured throughout the entire vessel?? How hard is that? I recently slipped on a cruise ship - middle of the day, Lido area, and while I am relatively young and healthy, it still hurt, and I was quite p***ed because it did NOT have to happen.

[Langley Cruisers]

So sorry to hear of this and glad it was not more serious.

 

I laid on the ground for several minutes before a RCCL employee assisted me.

 

As I said, I'm glad you were not more seriously injured, but are you certain it was "several minutes"? In my past experience, there is usually, if not always, a crew member at the entrance to WJ. Did absolutely no one offer assistance, passenger, staff, anyone? I just find it hard to believe that you laid there for several minutes.

 

I'm not an attorney, but I suppose you would have to prove negligence. I've watched enough courtroom television to know the burden of proof is on you. I understand you feel RCI paying your bill would be fair but consider the precident if they did pay your bill; basically, there wouldn't be a need for travel insurance because they would pay for everyone's doctor visit.

[madforcruising]

As I said, I'm glad you were not more seriously injured, but are you certain it was "several minutes"? In my past experience, there is usually, if not always, a crew member at the entrance to WJ. Did absolutely no one offer assistance, passenger, staff, anyone? I just find it hard to believe that you laid there for several minutes.

 

 

Exactly my first thought.

 

I´m sorry I can´t give you any advice, especially no legal one. It always sucks when an accident happens, especially when on vacation.

 

All I can give is my very personal opinion about incidents like this.

 

I believe in self responsibility and you could have saved yourself a lot of headache with purchasing travel insurance.

 

I also believe that if I walk somewhere I have to watch my step and regardless if it´s wet or not or if there´s a caution sign or not it´s my responsibility to make my way. I always think those signs "Slippery when wet" won´t make it any less slippery and they are just another thing to stumble over;). I know all this is not common opinion these days, but it´s mine. I´d never even think about suing about something like this.

[NorbertsNiece]

So sorry to read your story and hope you're well on the mend. Accidents can happen anywhere irrespective how careful you are and it's really sad that it spoilt your holiday. Season's greetings to you and your family.

[Mademypoint]

We were on EOS during the hurricane last October (07) and while sitting playing roulette one of those large metal ceiling tiles fell and hit my husband on the head. They asked him if he was okay and then he said he should probably be seen by the doctor just so he could get it documented. The next morning they left voice mail in the cabin saying that "there would not be a charge" for the visit.... The casino people gave him one of those cards that gives you a casino pack with a few little trinkets in it and a coupon for a drink. Luckily he wasn't hurt, but those metal tiles are big and heavy!

[tanyanubin]

Well, you've already made quite a 'splash' (sorry) by posting it here on one of the most popular cruise boards. Really, bad publicity is most likely what they would most fear. Here in the NYC area we have a news feature called "Shame on You" in which things just like this are featured. That might nudge them along a little. Sorry about your injury. Sounds like it was awfully painful.

[kjkrmk]

So, what you are saying is not only did YOU fail to see the water on the floor and slip in it, you also are saying a member of YOUR party on that cruise stood by and filmed how long it would take the crew to clean it up. Those in your party stood there filming and WATCHED another passenger nearly slip as you did. This is stupid! Any decent person would have helped you up and then wiped it up while they were standing there with you so that no one else would get hurt. "Hey Suzie, get the video camera out and see if we can catch someone slip in this water." Reminds me of a movie where the characters watch as roller bladers trip up on a stick on the sidewalk instead of moving the stick.

 

You are asking for advise.......here you go....

 

PAY THE BILL AND GET OVER IT!!! S**T Happens. Stop trying to blame RCI for something they did not intentionally set you up for and your lack of seeing and avoiding the water puddle. Stop wasting valuable minutes of your life complaining about things like this. You can never get these minutes back. Move on.

[Lyncruiser]

My recommendation -- contact a lawyer. You probably need a Florida lawyer as I believe the ticket agreement requires that you sue in Florida. Good luck.

[x-press]

The root of the problem here may BE liability.

 

If RCCL agreed to put the treatment costs "on the house," they would basically be admitting that the incident was their fault. That would open the door, in our society, for outrageous, huge-money lawsuits for "emotional pain" and all that nonsense. I am NOT a lawyer, so anyone who is can probably run circles around my logic, here, but that's what I think.

 

I never considered buying travel insurance in my life . . . not because of some principle, just because at age 31 it never occurred to me. I'd be curious to go back to my cruise documents from last summer and see if it was recommended . . . and the reasons for it. It's one thing to say "traveler's insurance is recommended, give us money." It's another to say "did you know that medicare does not cover incidents in International Waters? Buy Traveler's Insurance!"

 

Interesting case.

[Miss Vickie]

Xpress, travel insurance covers more than just medical costs (and some people's medical insurance does cover costs out of their home area). Travel insurance also can cover trip delay or cancellation costs, lost baggage or possessions, medical transportation (which is very expensive, and we've seen helicopter retrievals on board), remains repatriation (heaven forbid!), etc. We used it to cover incidental expenses when American Airlines left us stuck in Miami overnight on the way home from San Juan one year. True, the insurance cost us more than those expenses, but that is only because AA picked up the hotel room for the night, and some food expenses. If we had had to come home early for an emergency, that cost would be covered.

[madforcruising]

I never considered buying travel insurance in my life . . . not because of some principle, just because at age 31 it never occurred to me. I'd be curious to go back to my cruise documents from last summer and see if it was recommended . . . and the reasons for it. It's one thing to say "traveler's insurance is recommended, give us money." It's another to say "did you know that medicare does not cover incidents in International Waters? Buy Traveler's Insurance!"

 

Interesting case.

 

 

Age really shouldn´t have anything to do with the decision. At 31 you could have slipped as likely like the OP did at the age of 71 and of course it´s not just accidentsthat happen at any age, but also you could get ill and need to be airlifted.

 

 

 

 

Bottom line it´s not about age or health status, it´s about risk and money. Of course you always can decide to "self insure" yourself and just save the money on insurance risking to spend the money in case.

[cherylakers]

I had a friend that fell on the Grandeur in March on water by the water fountain in the Windjammer when we were on our cruise. They took her to the medical facility, did xrays, etc. She had a knee replacement about a year prior and was worried about it. Her bill was around $200. Royal Caribbean would not pay for it. In fact, they never contacted her after she left the medical facility to see how she was doing.

 

She did take the insurance and after her Medicare and secondary insurance rejected it, she was reimbursed from the travel insurance. When she asked if Royal Caribbean would be paying for this, they told her that the med facility was under contract and they were not employees of Royal Caribbean and she said, "but this is your ship, and I fell on your ship due to your neglect". They could have cared less, so moral is always take insurance!!!

 

In a different instance, I got very ill on a trip to Egypt this past spring. It was their food, mummy's tummy, etc. I am insured through my work, and they paid 100% of the bill. I was surprised since I was overseas. I had the travel insurance, but did not have to use it since my own insurance reimbursed me. So you never know what to expect.

 

I would never travel without insurance no matter how old you are. You just never know what is going to happen.

[x-press]

My point in stating my age wasn't that I'm in-shape and/or immortal! My point was that I am relatively new to trips of this size (I'm pretty sure you don't take out traveler's insurance for a drive to the grocery store). As you get older, you learn from things you've done right and wrong. In this case, I (and perhaps others) can learn from this person's misfortune.

 

It's a question of knowledge, not health.

[boaterette]

For the ship to have been negligent they would of had to have notice of the puddle of water and have time to clean it up before you fell. So unless you have video of the area before you fell it will be hard to prove negligence. They also have a duty to warn which they do by saying in the dailiy papers to be careful walking on the ship. For all you know someone may have spilt the water right before you walked through. I am not an attorney but i am a risk manager for a big agency. I attend small claims court quite often on issues of negligence. In 12 years I have only lost once. And that was 12 years ago.

 

So my advice get insurance next time.