October 2012 Destiny overboard incident - lawsuit filed

[trizzou]

I know this poor woman. She's had a rough life. We went to McDonalds once and they made her eat too much. Then she was throwing up on the way home and ended up falling out of the car window. It was crazy, god bless her.

[WetToes]

Haha! Poor baby! :(

[songbird1329]

I "get" the argument that "Carnival made her drunk". Alcohol affects your judgment, your ability to say "no", so after a certain number of drinks you don't have the capacity to refuse more alcohol if it's offered.

 

But from a legal standpoint, although the law will protect you from others who seek to take advantage of your intoxicated condition, the law does not usually absolve you of responsibility for your own conduct while intoxicated. You made the decision to start drinking when you were sober and presumably rational.

[cruizinisthebest]

#1, I can't believe this drunk suing and will probably wind up winning something.

 

#2, I can't believe she's blaming the bartender. I've never been on the Destiny but this must be the ship where the bartenders use funnels and guns when serving.:rolleyes:

 

Glad she's alright. Next time, drink less and don't book a balcony room. Oh and don't forget to pack some common sense and restraint. I doubt all those LI Iced teas were worth almost dying.

[MrPete]

I'm looking at it from the other angle. If anyone falls over for any reason, and is seen, why would they refuse to turn around until a passenger check is performed?

[KingofSomewhereHot]

I'm looking at it from the other angle. If anyone falls over for any reason, and is seen, why would they refuse to turn around until a passenger check is performed?

 

 

Because they probably want to be sure that this person isn't hiding on board or that the people only "thought" they saw somebody fall overboard before turning the ship around and inconveniencing 3000 people for nothing.

 

I would imagine there have been plenty of times where pranksters thought it would be a funny joke to play.

 

Now, had a crew member witnessed the person falling over, i'm sure they would have hit the brakes and turned around much quicker.

[MrPete]

Because they probably want to be sure that this person isn't hiding on board or that the people only "thought" they saw somebody fall overboard before turning the ship around and inconveniencing 3000 people for nothing.

 

I would imagine there have been plenty of times where pranksters thought it would be a funny joke to play.

 

Now, had a crew member witnessed the person falling over, i'm sure they would have hit the brakes and turned around much quicker.

 

That actually scares me. But I also assume this is simply your guess.

[bunny1954]

Color me skeptical because:

 

1. Like most of you, I find her description of how she fell over the railing to be a little beyond belief.

 

2. That someone who was injured to the extent that she claims to have been would have been able to swim/stay afloat for the length of time she claims (approximately 1.5 to 2 hours).

[awhcruiser]

Bingo! The bartender did not force those drinks down her throat. She won't take responsibility for her own actions, so why not blame it on Carnival? As an ex wife of a deceased alcoholic these kinds of incidents make me sick.

 

she got drunk and its someone elses fault?

[DirtyDawg]

First... I want to meet the person that FORCED her to drink long island iced tea... second... certain drinks come with a free $5 play at the casino.. it's posted, it wasn't in effort to get someone drunk and 3rd... how in the HELL does anyone just FALL over one of thier railings? Put ME on that jury please. :D

 

All I can say is WOW. People - I wouldn't want any of you to be on a jury. Jurors have to be unbiased, listen to ALL the facts and render a decision based of the LAW.

May I suggest to many of you that you should spend less time on the CC bb and more time on a Civics bb.:rolleyes:

[ShanteS]

she got drunk and its someone elses fault?

 

Exactly! Where is the personal responsibility?? She made the decision to drink. Carnival is not at fault unless there is video of the bartender holding her down, stuffing a funnel in her mouth, and pouring long island iced teas down her throat. I always know when I've reached my limit (or am close to it) and when to cut myself off. And I never let myself get so sloppily drunk that I'm puking my brains out, falling all over the place, and incoherent enough to think it's a great idea to jump off a ship! :rolleyes:

 

I bet she sobered up fast when she hit the water

 

LOL I swear I thought the same thing while reading the story. I bet she sobered up as soon as she hit the lifeboat. Smh...you can't fix stupid! She had to have lifted herself high enough in order for falling overboard to be possible. I'm sure she realized how stupid her decision was when she hit that water and watched the ship disappear.

 

Is it possible for people to get sucked under the ship by the propellers? I've always wondering about that.

[airmj2123]

I'm looking at it from the other angle. If anyone falls over for any reason, and is seen, why would they refuse to turn around until a passenger check is performed?

 

Depending on which part of the story is true (cause the story contradicts itself), if she was retrieved from the water 2 hours after entering it. The ship could not have continued for 90 minutes before turning around to go get her. It takes time to turn around a ship and it takes time to backtrack and it takes time to lower a raft and find someone. To say they did that in 30 minutes seems unrealistic.

 

I could be an impartial juror but if timelines don't make any sense, then it would be hard to side with them.

[billie5]

All I can say is WOW. People - I wouldn't want any of you to be on a jury. Jurors have to be unbiased, listen to ALL the facts and render a decision based of the LAW.

May I suggest to many of you that you should spend less time on the CC bb and more time on a Civics bb.:rolleyes:

 

Seems to me that is exactly what CCers are doing. Like jurors, they have only the facts asserted before them from which to make a decision. I believe the people posting are trying to do exactly that. As far as considering various conjectures to make up for missing facts, what do you think jurors do?

[DirtyDawg]

Seems to me that is exactly what CCers are doing. Like jurors, they have only the facts asserted before them from which to make a decision. I believe the people posting are trying to do exactly that. As far as considering various conjectures to make up for missing facts, what do you think jurors do?

 

Really?

 

Why have a trail at all. The jury could just read the plaintiff's one page statement and the defense's one page statement and get it over with in 20 minutes. Oh, and let's just not bother with the LAW at all - gut instinct is always better anyway. :rolleyes:

[ch27088]

she got drunk and its someone elses fault?

 

First if you are old enough to drink, you are old enough to be responsible for your own actions. On that note, I do not blame Carnival for what happened to this young lady. Even if the bar tender was "pushing" drinks on her, doesn't she know when to say "STOP"? What about her boyfriend, why didn't he speak up and say "enough already". Second, I've been on Carnival and had a balcony cabin, and I cannot for the life of me understand how you slip and fall into the ocean, unless she was doing something she shouldn't have been doing. Our society has become a society that pushes the blame onto others and then wants to sue to try and get as much money as they can. I hope the judge throws this out of court. This is nothing but people trying to get what they can out of Carnival and I hope it doesn't happen. If you can't hold your liquor, then you don't need to drink! :eek:

[crusinpsychRN]

Disected carotid artery and she lived?! Very hard to stand up when that drunk I'd imagine and getting over the rail even harder.

 

I do think the bartenders should cut people off which will then cause another scene. Probably call security first then tell them no more. She'd have been angry if the bartender hadn't given her the coupons...

[PegNRay]

This phrase is nonsensical to me:

 

As she was holding on to the balcony's wooden banister, the plaintiff lost her grip and balance, slipped off the ground and fell overboard into the ocean

 

 

I've spent enough hours leaning over balconies to confidently say, unless she was 7 feet tall-- and then maybe

-- it's not even an option unless you HURL yourself over!

 

What do they mean "Slipped off the ground?" I just don't get the physics of it.

 

Maybe she was hanging off the outside of the balcony.

[Rottweiler Puppy]

My spouse suggested possibly they did not airlift because of the existing issue with the Coast Guard and Carnival's refusal to pay the bill?

 

Also, people on the Carnival boards (from the time of the incident) suggest that she jumped:

http://www.carnival.com/funville/forums/t/247639.aspx?PageIndex=1

 

I have to ask. What bill was he referring to?

[Rottweiler Puppy]

Seems to me that is exactly what CCers are doing. Like jurors, they have only the facts asserted before them from which to make a decision. I believe the people posting are trying to do exactly that. As far as considering various conjectures to make up for missing facts, what do you think jurors do?

 

I hope thats not what you did on jury duty. How many times did you serve on a jury? I have done two and cannot agree with your statement. Sorry

[Paul's_wife]

Several years ago we took the car ferry from Portland, Maine to Nova Scotia. It was an overnight trip and before we settled for the night we partied and had quite a few cocktails. I got up during the night to use the bathroom and walking back to bed the ferry swayed one way and I swayed the other falling and hitting my head on the metal bed frame. My husband called the ship doctor who asked if I could walk to the infirmary where he very carefully stitched up my eyebrow. The next morning when I showed up at breakfast with an enormous bandage covering my stitches the comments started. "Do you have a good lawyer", "Are you going to sue" and so on. I was horrified to think people would do something like that over something that was clearly my fault. I wrote a very lengthy letter to the ferry company praising the doctor and his nurse and saying what a great time we had in spite of my injury. Shortly after I received a phone call from them telling me to please return for a free cruise. When we did we were greeted and thanked for not trying to do anything that would jeopardize their reputation or cause any problems. People are just too suit happy these days and don't care who they hurt along the way.

[WetToes]

 

 

 

 

 

 

Is it possible for people to get sucked under the ship by the propellers? I've always wondering about that.

 

I have heard of this happening. There was a 14 yr. fairly recently.

[Aplmac]

Welcome to the concept of Personal Responsibility!

 

You obviously understand the concept.

I understand it.

Probably 90% of people on this board understand it.

 

It's the 10% who don't get that concept that makes it so entertaining around here.

Couldn't have said that better, myself!! :)

.

[MrPete]

I am sick and tired of people here saying "Carnival made.........drunk". Last I knew a person actually has to open their mouth and tell someone they want a drink. Carnival does not just hand out drinks for free. You have to pay for them.

 

People can tell waiters yes I want a drink or NO I do not want a drink. People have to walk up to a bar and actually order a drink themselves.

 

So where do they get this idea that Carnival or any cruise line for that fact actually made you drink. JMHO.

 

Actually, watch the tactics of those selling the drinks, from the waiters to the bartenders whose income relies on the tips from those purchases. Some come on pretty string if you ask me. Same thing happens at home in some bars.

 

I don't have a problem saying I didn't want that, or no thanks, but some can't say no. And some that have a couple of drinks in them already have no willpower at all.

[cuppettmd]

I heard that a cell-phone video just appeared on You-Tube, She said; I told you they watered down their drinks! Even after I drank all of my fifteen drink limit, I can still walk on this rail!:D But seriously, how many times have you heard of a cruise ship turning around and finding someone that went overboard? Even in the day light it's not very often and this was at night and she didn't have one of those "Blinky Lights" that are on the life vests. I ain't never seen anything like this before, but as an old teacher once told me: There's a lot of stuff you ain't never seen! Mikey<><

[Tapi]

People can tell waiters yes I want a drink or NO I do not want a drink.

 

On a lighter note, my wife and I have seriously considered having black T-shirts with big, bold, white letters that say "No thanks, I don't want a drink" made, just so that we don't have to repeat it over and over to the waiters.

 

Our bar tab on a 7 night cruise is usually less than $50 for the two of us. That's a lot of "No, thanks!" :o