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Would you sue?


Would you sue if you were injured by a slippery surface on a cruise ship?  

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  1. 1. Would you sue if you were injured by a slippery surface on a cruise ship?



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I was doing some research and came upon the following web page insert, that involves cruiseline lawsuits. This one lawyer (I bleeped his name) has represented three people that have had "slipping" injuries.

 

So, I started wondering how many of you would sue the cruiselines if you had sustained an injury while on a ship.

 

No judgements passed...just curious!;)

 

5. CRUISE LINE PASSENGER INJURIES

The Port of Miami is the largest cruise line port in the world. Hundreds of thousands of passengers per year leave our harbor and return home from cruises to the Carribean and to Central and South America. Vacationers from all over America and from many other countries board cruise ships in Miami, as well as in Ft. Lauderdale, Port Canaveral, and Key West, which are also among the region’s most significant cruise line facilities. The history of this industry has proven that catastrophic injuries and deaths have been caused aboard ship by the negligence of the ship’s personnel and by unseaworthy conditions. The maritime laws of the United States and of the State of Florida afford victims a means of obtaining compensation for their losses. Cases brought in the courts of Florida by claimants are an important means of holding the cruise lines accountable and serve to correct unsafe practices which if left uncorrected would cause further harm to others. Slippery decks, noxious fumes, spoiled food, misconduct by ship’s personnel, and inadequate medical care are just some of the causes of harm to passengers which we see. If you or your family has been the unfortunate victim of harm caused by a cruise line, let us help you through the maze of maritime litigation.

SETTLEMENT: Cruise Line Passenger Slip And Fall.
In the
M
case,
secured a confidential settlement of
$140,000
from the cruise line defendant after proving that his client from New York had slipped and fallen on an unseen slippery condition on a tiled floor in a dining area adjacent to an outer deck. The evidence established that sea spray and humid outside air flowed from the outside solarium into the interior dining room through automated sliding doors and then condensed on the tile floor of the dining area, which was chilled by air conditioning. In her fall, the Plaintiff had sustained a hip injury.

SETTLEMENT:
Cruise Line Passenger Slip And Fall.
In the
H
case, the New Jersey Plaintiff had slipped and fallen on ice shavings left on an outside deck where the cruise line had staged an ice carving as an entertainment event for the passengers. The ship’s personnel invited the Plaintiff up from the audience to have her photograph taken next to the finished ice sculpture. She slipped and fell injuring her hand as she was walking up to the spot from which her photograph was to be taken.
negotiated a confidential settlement of
$70,000
with the defendant cruise line.

SETTLEMENT: Cruise Line Passenger Slip And Fall.
In
S,
a confidential settlement of
$75,000
was obtained for a client from Missouri who injured her wrist in a slip and fall during a cruise in the Gulf of Mexico.
established that the ship had created a slippery and dangerous condition in a dining area and that its on-board medical doctor failed to properly diagnose and treat the wrist fracture for the duration of the cruise. The delay in treatment necessitated corrective surgery once the Plaintiff was able to return to her home town.

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Those are not very large settlements. Could it be that these individuals just recouped medical expenses? If someone falls on my property wouldn’t I have to pay for their medical care?

Would I try and profit off a fall on a slippery floor if there was no negligence? No. Would I expect my onboard medical treatment to be covered? Yes.

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A flourescent light fixture fell from the ceiling of a supermarket, hit me in the head, and knocked me down. They paid for my stitches. I never sued.

I slipped and fell on a wet floor at the entrance to a store, and received stitches, and again, I never sued.

(I must be crazy, but I don't like courtrooms). :confused:

These things happened when I was age 25 and then about age 50. I'm just happy that the injuries weren't worse. :) My answer to the OP is that I probably wouldn't sue because it would be too much aggravation.

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I agree with TRadle. If I slipped due to my own inattention, that would be entirely different. If I slipped because someone was negligent and didn't hurt anything, I would just move on. But if I slipped because someone was negligent and got hurt, I would certainly expect my medical expenses to be paid by the negligent party. In all the cases the OP cited, those were conditions that the cruise ship should have been aware of and should have taken care of. And the doctor, of course, should have properly diagnosed a fracture. If he/she wasn't sure, it wouldn't hurt to set it as if it were fractured and have the person follow-up when she got home. Always err on the side of caution.

 

-LadyZolt

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I wouldn't if my medical bills were covered. If I slipped and somehow injured myself in a way that prevented me from being able to work and pay my bills, and the cruise line was somehow negligent, maybe I would. Hopefully it will never be an issue. I certainly would never sue for a minor injury just to try to "cash in".

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Upon leaving the casino in the wee hours, I went to the elevator. No sign up - probably because it was after 2 am. I slid on the flooring right in front and went down. No harm done, not hurt. No, I wasn't drunk :). Usually signs are very well marked but the simple fact is that you are on a ship at sea and there could be wet areas anywhere any time. Always a good idea to tread carefully. Our society has become way too litigious. I think you'd have to prove negligence and sure there was no sign but the floor was so shiny I could have used my brain before my foot.

 

I can see where the third plaintiff might have a claim but not the first two. An outside deck and the ice sculpting seem to be no brainers to me.

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Those were pretty large medical bills to me! The last time I had an x-ray and a cast, it didn't cost $150,000! I don't know...maybe some of the injuries (like the hip) did require a bit of surgery expense. Even so, if a person has medical or travel insurance (which they should), why sue for those expenses? We wouldn't!

Those are not very large settlements. Could it be that these individuals just recouped medical expenses? If someone falls on my property wouldn’t I have to pay for their medical care?
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Even so, if a person has medical or travel insurance (which they should), why sue for those expenses? We wouldn't!

 

It's also possible that some of these lawsuits are filed by the insurance carrier of the injured party, if they feel the cruise line should be responsible for the medical bills.

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I'm with the masses that provided any medical care was not out-of-pocket for me, I would not sue. So, if the infirmary took care of me at no cost, then no I wouldn't. If it cost me any out-of-pocket money and the cruise line wasn't willing to waive or compensate, then yes, I would sue for the amount of the expenses but not for profit.

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It's also possible that some of these lawsuits are filed by the insurance carrier of the injured party, if they feel the cruise line should be responsible for the medical bills.

Hmmmmmm!!!!! :eek:

 

I just think it is a no brainer - when you are on a ship - that there is going to be water in lot's of places. I have caught myself slipping several times around the decks and my poor 80 year old father slipped on the pool deck once. He just got up and kept going! :D

 

here's one that even I would be upset about! :( http://www.lipcon.com/news_article9.shtml

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It's also possible that some of these lawsuits are filed by the insurance carrier of the injured party, if they feel the cruise line should be responsible for the medical bills.

 

 

I was on a jury for a case like this.

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Those were pretty large medical bills to me! The last time I had an x-ray and a cast, it didn't cost $150,000! I don't know...maybe some of the injuries (like the hip) did require a bit of surgery expense. Even so, if a person has medical or travel insurance (which they should), why sue for those expenses? We wouldn't!

 

 

 

Never underestimate the fleecing by the medical industry to the average Joe. Hubby was in the hospital for cancer surgery to remove lymph nodes. He was in the hospital for 1 week and the bill was 287,000$. His pills were 200$ each and he had to take 2 a day for 5 days. An injury if surgery was required can easily go up into the 6 figures.

 

 

I would not sue but I would expect the cruiseline if negligent to pick up any and all bills not covered by my insurance and I would make sure I had a copy of the report the cruiselines are required to fill out in case of an injury before disembarking.

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Those are not very large settlements. Could it be that these individuals just recouped medical expenses? If someone falls on my property wouldn’t I have to pay for their medical care?

 

Would I try and profit off a fall on a slippery floor if there was no negligence? No. Would I expect my onboard medical treatment to be covered? Yes.

 

Good post.

 

jc

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My MIL was injured about 3 years ago on Enchanment. She was stepping into one of the elevators and the elevator door closed on her foot. Her achilles tendon tore completely. The ship's physician treated her very well and set up an appointment with an orthopedic dr. in Grand Cayman which was the next port. They wanted her to fly home, but because she is deathly afraid of flying, she refused and spent the rest of the trip with a below the knee cast and in a wheelchair. She had surgery when she got home to repair the tendon, another 2 months in a cast and 2 months of physical therapy after the cast was removed. She still walks with a limp. All she wanted from RCCL was for them to cover the hospital bills not covered by insurance. RCCL blamed the elevator company for the injury and refused to pay. It took almost a year of going back and forth between RCCL and the elevator company to settle. Did she make a fortune from her suit? No, when all was said and done, she still had a few hundred dollars worth of medical bills that were not taken care of. It is very difficult to sue a cruise line, even if you have a valid case.

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My MIL was injured about 3 years ago on Enchanment. She was stepping into one of the elevators and the elevator door closed on her foot. Her achilles tendon tore completely. The ship's physician treated her very well and set up an appointment with an orthopedic dr. in Grand Cayman which was the next port. They wanted her to fly home, but because she is deathly afraid of flying, she refused and spent the rest of the trip with a below the knee cast and in a wheelchair. She had surgery when she got home to repair the tendon, another 2 months in a cast and 2 months of physical therapy after the cast was removed. She still walks with a limp. All she wanted from RCCL was for them to cover the hospital bills not covered by insurance. RCCL blamed the elevator company for the injury and refused to pay. It took almost a year of going back and forth between RCCL and the elevator company to settle. Did she make a fortune from her suit? No, when all was said and done, she still had a few hundred dollars worth of medical bills that were not taken care of. It is very difficult to sue a cruise line, even if you have a valid case.

I am cringing just thinking about the pain she must have had. Like a shopping cart hitting your heel! :(

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Sea Island Lady, it was a painful injury. She was given pain medication from the ship's dr. and then from the ortho in Grand Cayman. Once she was in the cast, the pain subsided to a tolerable level. This happened on day #2 of a 7 day cruise so she had a long way to go until we were back home. I give her a lot of credit for being such a trooper about it. Again, she had absolutely no issues with the treatment she received while on the ship. The medical staff was wonderful. All she wanted was to have the bills covered.

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I think you have to have a lawsuit frame of mind. When I do something harmful to myself I usually just blame myself for being unconscious or careless or just plain clumsy.

4 years ago I was in Disney on one of their transportation buses. I was sitting but stood up to fetch my bag which had slipped away from me. Just at that moment the bus slammed on the brakes to avoid hitting a car turning in front of the bus. Needless to say I was sent flying up the aisle, up against a hard plastic seat, hitting my head, shoulder and hip. I was eggplant purple for days, with a wholloping headache:eek: . But I was upset, embarassed and in pain so a lawsuit was not even in my mind. Had I thought about it, I could have been going to disney every year for the rest of my life! Again, I think you are either a suer or not a suer.

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I was upset, embarassed and in pain so a lawsuit was not even in my mind. Had I thought about it, I could have been going to disney every year for the rest of my life! Again, I think you are either a suer or not a suer.

 

But did you have tens of thousands of dollars worth of out-of-pocket expenses from this incident? If so, you might have considered suing to help pay for the medical bills. I don't think everyone who files a lawsuit is just out to turn an accident into a windfall. There are a lot of valid lawsuits out there; it's just the frivolous ones that tend to make the news stories.

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I fell on a river boat in 2005. The main stairs to the upper deck were closed and we were told to use the back stairs. It was 10 am - I was totally sober - the wooden stairs with metal rim were wet. The front stairs had skid strips the back ones did not. I was holding the rail going down the stairs when my foot slipped. As I grabbed the rail tighter I spun around and landed my knee directly on the edge of the step.

 

I saw doctors at our next two stops in Germany. We flew home early - thanks to having travel insurance.

 

I saw a 'knee' doctor when we got home. He suggested exercise and to wait to see if it would heal itself. I ended up with surgery and still have problems with my knee. Unfortunately I did not find out I had permanent injuries from the accident until after a year had past. If I had known the injury could not be totally fixed I would have sued. But as I said I was past the contractual limits.

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It would depend on the injury and how the cruise line/hotel/restaurant ....handled the situation.

 

On the Freedom last year at Christmas, an older lady fell down the flight of stairs that lead to the theatre right infront of us. (Those clear type stairs that didn't have carpet)

 

The reason was that the poinsettias were placed on the stairs near the railings making it hard to hold onto the railings and she tripped over one of those plants. She cut her forehead and twisted her ankle (When some people fall down stairs they get seriously hurt--she was lucky so to speak)......who's fault was the accident?

 

RCL should not be putting anything on the stairs like that. I doubt that she sued nor would I but, I would expect free medical treatment from the ship.

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4 years ago I was in Disney on one of their transportation buses. I was sitting but stood up to fetch my bag which had slipped away from me. Just at that moment the bus slammed on the brakes to avoid hitting a car turning in front of the bus. Needless to say I was sent flying up the aisle, up against a hard plastic seat, hitting my head, shoulder and hip. I was eggplant purple for days, with a wholloping headache:eek: . But I was upset, embarassed and in pain so a lawsuit was not even in my mind. Had I thought about it, I could have been going to disney every year for the rest of my life! Again, I think you are either a suer or not a suer.

 

But as reported, this does not seem to be Disney's negligence. In this case, you violated safety rules which specifically state that you will not stand up or attempt to walk on a moving bus. This was not negligence by Disney, but an accident. Your standing up removes them from responsibility. A court is unlikely to award you damages or reparations in these circumstances.

 

Had you been properly sitting down and the same thing happened, you are more likely to have a case for damages.

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I think Ill pass on voting, hard question and until it happens to you and how they treat you, who knows. I was on a cruise and the bathroom light burned out and a passenger slipped somehow in the dark bathroom and broke his foot. ouch!!! He broke it on the first night. He was saying he thought they should have paid for the xrays and doctor since the light was burnt out and he might sue if they didnt pick up the medical expenses they charged him. He didnt have insurance evidently.

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I think you have to have a lawsuit frame of mind. When I do something harmful to myself I usually just blame myself for being unconscious or careless or just plain clumsy.

4 years ago I was in Disney on one of their transportation buses. I was sitting but stood up to fetch my bag which had slipped away from me. Just at that moment the bus slammed on the brakes to avoid hitting a car turning in front of the bus. Needless to say I was sent flying up the aisle, up against a hard plastic seat, hitting my head, shoulder and hip. I was eggplant purple for days, with a wholloping headache:eek: . But I was upset, embarassed and in pain so a lawsuit was not even in my mind. Had I thought about it, I could have been going to disney every year for the rest of my life! Again, I think you are either a suer or not a suer.

Sounds like something I would do! I would have been so mortified - to be laying across the floor of the bus - that I would have done anything to forget the incident. :D

 

Even if you had been sitting, the possibility that you could have flown out of your seat was still there because there are no seat-belts. I remember having a hard time staying in my seat when I was on those Disney buses.

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