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Inside Edition - Woman Falls Off a Carnival Cruise ship

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Pirateskigirl "Live from...." Rare

Pirateskigirl

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I know Carnival is having their issues right now and is in the cross hairs of the press because of the Triumph.

BUT

This seems like a lawsuit of opportunity. Kick Carnival while they are down and hope they give us some money. It is no quick task to turn around a ship as large as the Destiny. She should be taking her lucky stars, she didn't die out there because she made a series of bad choices.

 

This lady better watch out because she may end of having to pay for her recuse costs.

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jimbo5544 "Live from...." Rare

jimbo5544

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I agree! I mean, I feel sorry for her but where's her accountability in this? She was blistered drunk on LI iced tea...she fell overboard and they came to get her, saving her life.

 

I've had balcony cabins 12 of my 13 completed cruises and I cannot imagine anyone just "falling" over the balcony rail. I'm 5' 11" and I can't imagine just slipping and falling over the side.

 

I'm trying to rationalize this. If she was leaning over the rail to look at the ship and her feet slipped out from under her wouldn't she had slid down on the balcony instead of falling over?

They should sue her.

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airmj2123

airmj2123

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Turning the ship around for no reason is better than making someone tread water for 90 minutes.

 

It takes a long time to slow and turn a ship going at cruising speed. There is a guy on here who worked in the cruise ship industry who explained it on previous thread on subject.

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airmj2123

airmj2123

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Yes, really. Every bartender should know when a patron should no longer be served. Bartenders everywhere struggle with actually applying this. We've had a number of lawsuits in our town where people say they are not liable because they were overserved. In many cases the bartender has been held responsible. My opinion is bartenders should do this as a courtesy, but people are responsible for their own actions.

 

This was discussed on a previous thread. Someone who is an attorney said that (I'm trying to paraphrase) they didn't know of anyone ever winning for damages to themselves when a third party isn't hurt.

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jimbo5544 "Live from...." Rare

jimbo5544

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It takes a long time to slow and turn a ship going at cruising speed. There is a guy on here who worked in the cruise ship industry who explained it on previous thread on subject.

I was on the Magic a year ago February and an employee jumped from lido. They turned the Magic around (in pretty heavy winds and seas) and the employee was rescued.

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chipq

chipq

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Watched the video when it first came up on cruise videos sites and she is very lucky they even found her. I think originally I heard she even had her life vest on which helped them locate her in the dark. Crazy story.

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jimbo5544 "Live from...." Rare

jimbo5544

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Watched the video when it first came up on cruise videos sites and she is very lucky they even found her. I think originally I heard she even had her life vest on which helped them locate her in the dark. Crazy story.

She slipped and fell over her balcony with her life vest on?

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combatboots2jimmychoos

combatboots2jimmychoos

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Watched the video when it first came up on cruise videos sites and she is very lucky they even found her. I think originally I heard she even had her life vest on which helped them locate her in the dark. Crazy story.

 

IF she had her life jacket on then she PLANNED on jumping. No one just hangs out in those yucky things. They should absolutely sue her if that is true.

 

If she was leaning back looking up over the balcony, then she would have slid towards the cabin and probably hit her head on the balcony, not go over. Those balconies are designed to even keep kids from falling over so there is almost no way that it happened on accident.

 

If i was to "fall over" a balcony and hit several balconies on the way down, I'd probably be unconscious hitting the water- no way could I tread water for 90 minutes. Most people can't tread water for 90 minutes healthy- so I question her time stamp as well. Who's estimate is this? How does her friend know exactly when she went in if she didn't hear her scream?

 

I certainly hope that jury is people with common sense like us. She planned on jumping if she had a life jacket on. Case solved.

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Cruizinman

Cruizinman

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IF she had her life jacket on then she PLANNED on jumping. No one just hangs out in those yucky things. They should absolutely sue her if that is true.

 

If she was leaning back looking up over the balcony, then she would have slid towards the cabin and probably hit her head on the balcony, not go over. Those balconies are designed to even keep kids from falling over so there is almost no way that it happened on accident.

 

If i was to "fall over" a balcony and hit several balconies on the way down, I'd probably be unconscious hitting the water- no way could I tread water for 90 minutes. Most people can't tread water for 90 minutes healthy- so I question her time stamp as well. Who's estimate is this? How does her friend know exactly when she went in if she didn't hear her scream?

 

I certainly hope that jury is people with common sense like us. She planned on jumping if she had a life jacket on. Case solved.

IF is the biggest question in the dictionary, do we know she had a life vest on, for a factual observation ?

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Rockee4055

Rockee4055

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I know Carnival is having their issues right now and is in the cross hairs of the press because of the Triumph.

BUT

This seems like a lawsuit of opportunity. Kick Carnival while they are down and hope they give us some money. It is no quick task to turn around a ship as large as the Destiny. She should be taking her lucky stars, she didn't die out there because she made a series of bad choices.

 

This lady better watch out because she may end of having to pay for her recuse costs.

 

You make a good point. I think the defense is looking at it like CCL has faltered over the past year and a jury may just side with the plaintiff. The may not be relevant here to a jury.

 

The other point is this, she did live and CCL did save her life. She obviously felt like the ship, owned by CCL was the safe haven or she wouldn't have been swimming back to it.

 

How many times on a cruise have you heard people being paged?

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billie5

billie5

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The sad part is that Carnival will probably just settle out of court .....

 

Not clear at all, IMO. There certainly is already case law vis-a-vis the responsibility of bar attendants on cruise ships, the cruise industry is somewhat protected by maritime law, which is heavily weighted in favor of the shipping companies, and the case may be largely determined by pretrial motions, anyway. An insignificant settlement, sure, but that would largely go to her lawyer I assume.

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songbird1329 "Live from...." Rare

songbird1329

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This was discussed on a previous thread. Someone who is an attorney said that (I'm trying to paraphrase) they didn't know of anyone ever winning for damages to themselves when a third party isn't hurt.

 

I think you're paraphrasing my comments.

 

 

Dran Shop liability has been a part of our legal system for a long time. Basically what that means is -- if you're drunk and the bartender continues to serve you, and you drive home drunk and have an accident. . .abd you hurt or kill an innocent third party, the third party can sue you and also sue your bartender.

 

Plaintiffs' attorneys are now trying to stretch Dram Shop liability to include injuries suffered by the person who was over-served, on some sort of comparative negligence theory.

 

Not my specialty, and someone correct me if I'm wrong, but I haven't heard of a case where this argument has succeeded. Yet.

 

Sent from my SCH-I800 using Tapatalk 2

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