Inside Edition - Woman Falls Off a Carnival Cruise ship

[songbird1329]

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.

 

This suit was filed months ago. Before the Triumph. We discussed it ad naseum several times.

 

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[songbird1329]

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.

 

You do realize that bodily injury claims are handled on a contingency fee basis? Generally limited to 1/3 of any settlement or judgnent? Though she's also responsible for costs and expenses incurred in prosecution of her claim.

 

Very unlikely that a plaintiff will accept a setllement that doesn't cover her expenses and put a little money in her pocket.

 

 

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[jimmysgrl]

If she was that drunk to "slip" and go over, how in the heck did she tread water for 90 minutes?? :eek: I can't walk for 90 minutes when I'm tipsy much less hammered!! :rolleyes:

[songbird1329]

Despite all the speculation from the "experts" on this thread, this suit does cause me some concern. Why?

 

Let's start with "comparative negligence". If both the plaintiff and Carnival are negligent in causing the injuries, the plaintiff can successfully collect damages from Carnival -- but her award will be reduced by the percentage of negligence attrubuted to her.

 

As I said, Dram Shop liability usually benefits innocent third parties, but it's possible that we'll see a change in the law.

 

 

I an sure her attorney will find an engineering expert who will opine that it is, in fact, possible for her to have slipped and fallen off her balcony. Of course Carnival will have an expert as well.

 

 

There will be extensive pretrial discovery on Carnival's protocols for determining whether a passenger has fallen overboard as well as extensive discovery on how a passenger is rescued. Despite our speculation based on sound bites and what we think we know, few of us on this board have an actual clue on Carnival's practices, the industry standards, and whether Carnival followed its own procedures.

 

 

Likewise the medical malpractice claim is disturbing. Carnival had an obligation to provide her with appropriate medical care, and failure to do so would make Carnival liable for any resukting exacerbation of her injuries. I haven't seen her medical records, I don't know what Carnival's protocols are, and any time a medical professional exercises his/her judgment there's a possibility that another professional will question their judgment.

 

I am a defense attorney. I'm not writing tge settlement check just yet, but if I were on Carnival's defense team I'd be taking this one seriously.

 

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[Keel Haul]

It is dead. My journalism teacher is rolling over in her grave, but there must be some law proffessors grinning and wringing their hands, I am ashamed of what a greedy country we have turned into.

 

I know that you are not supposed to end a sentence with a preposition. I don't care anymore.

forget the structure of your sentence, just add to it "in America" and I would agree with you.Journalism is alive and well in the UK.

[Cuizer2]

forget the structure of your sentence, just add to it "in America" and I would agree with you.Journalism is alive and well in the UK.

 

I wonder if Rupert Murdoch would agree with you. :confused:

[Keel Haul]

Despite all the speculation from the "experts" on this thread, this suit does cause me some concern. Why?

 

Let's start with "comparative negligence". If both the plaintiff and Carnival are negligent in causing the injuries, the plaintiff can successfully collect damages from Carnival -- but her award will be reduced by the percentage of negligence attrubuted to her.

 

As I said, Dram Shop liability usually benefits innocent third parties, but it's possible that we'll see a change in the law.

 

 

I an sure her attorney will find an engineering expert who will opine that it is, in fact, possible for her to have slipped and fallen off her balcony. Of course Carnival will have an expert as well.

 

 

There will be extensive pretrial discovery on Carnival's protocols for determining whether a passenger has fallen overboard as well as extensive discovery on how a passenger is rescued. Despite our speculation based on sound bites and what we think we know, few of us on this board have an actual clue on Carnival's practices, the industry standards, and whether Carnival followed its own procedures.

 

 

Likewise the medical malpractice claim is disturbing. Carnival had an obligation to provide her with appropriate medical care, and failure to do so would make Carnival liable for any resukting exacerbation of her injuries. I haven't seen her medical records, I don't know what Carnival's protocols are, and any time a medical professional exercises his/her judgment there's a possibility that another professional will question their judgment.

 

I am a defense attorney. I'm not writing tge settlement check just yet, but if I were on Carnival's defense team I'd be taking this one seriously.

 

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the first thing I would wish to see is her on board account for the previous 24 hrs, I would then want to see any videos of how when and where this drinks spree took place.I would argue that Carnivals Duty of Care should be to a higher standard than on the mainland due to the environment etc. I may even for good measure throw in the risk of rape on board for the inebriated .I would also enter this thread as evidence http://cruiseforums.cruisecritic.com/showthread.php?t=1840380

http://www.servingitright.com/alcohol_and_law_appendix_2.html

[treasure4two]

The bartenders are supposed to be trained to detect when a person has had to much.

 

You have got to be kidding me? These bartenders are whipping out drinks as fast as they can and you think they have time to detect someone who has had too much to drink, especially since most people get drinks and walk away from bar or have them served when they are sitting around the pools or the many lounges. Don't blame the bartenders for drunks-blame the people with them that let them get loaded. On land, it is alot easier, as drinkers are within an enclosed building, but on a ship that holds 2000+ people-you have to be kidding!!

[songbird1329]

the first thing I would wish to see is her on board account for the previous 24 hrs, I would then want to see any videos of how when and where this drinks spree took place.I would argue that Carnivals Duty of Care should be to a higher standard than on the mainland due to the environment etc. I may even for good measure throw in the risk of rape on board for the inebriated .I would also enter this thread as evidence http://cruiseforums.cruisecritic.com/showthread.php?t=1840380

http://www.servingitright.com/alcohol_and_law_appendix_2.html

 

Thank you for that briefing on Canadian law.

 

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[songbird1329]

You have got to be kidding me? These bartenders are whipping out drinks as fast as they can and you think they have time to detect someone who has had too much to drink, especially since most people get drinks and walk away from bar or have them served when they are sitting around the pools or the many lounges. Don't blame the bartenders for drunks-blame the people with them that let them get loaded. On land, it is alot easier, as drinkers are within an enclosed building, but on a ship that holds 2000+ people-you have to be kidding!!

 

That's a factual argument, not a legal one. I'd be questioning the servers in each lication where she was drinking to see what they actually knew.

 

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[Seago2]

If your going to stick with this comment you may want to change your avatar

 

 

:p:D;)

 

LOLOLOLOLOLOL that's my laugh of the morning, time to go drive the kids to school- thank you!

[Butterbean1000]

The moral here, no one is ever responsible for their own actions. Its always someone else's fault. Glad she is ok. I shuttere at all the stupid things I have done.

 

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[Seago2]

If she was that drunk to "slip" and go over, how in the heck did she tread water for 90 minutes?? :eek: I can't walk for 90 minutes when I'm tipsy much less hammered!! :rolleyes:

 

Wake up call! :eek:

 

The bartenders are supposed to be trained to detect when a person has had to much.

 

This is the problem with people sneaking straight vodka on in rum runners, etc. People get blasted in their rooms doing shots with no mixers. Bartenders are out of the equation.

[bunchesofun]

I still can't get over it. She got drunk. She "slipped and fell" over the balcony. The ship turned around, found her, and saved her. And she's suing them? Obviously has no grip on reality.

[Velvetwater]

Barmen use common sense to detect if someone has had too much but bear in mind people can appear soberish when they are slowly heading to drunkendom. Its funny how no other cruisers had accidents like her, she must have been stupid.

 

I am also imagining that to Carnivals slight oversight they probably thought her friend who reported her missing (who was probably a bit drunk as well) was being overdramatic which resulted in the delay.

 

What ever happened to taking responsibility for yourself?

[luddite]

The bartenders are supposed to be trained to detect when a person has had to much.

 

That doesn't apply if the passenger is drinking from a smuggled stash-no bartender involved.

 

This woman's problem has to do with a lack of ...... smart.

[ShanteS]

I saw this yesterday on TV. Plain and simple, this woman is an idiot!! No one held her mouth open, stuffed a funnel in it, and poured Long Island Iced Teas down her throat! No one MADE her drink anything, she chose to. If she was wasted when she "fell off" that balcony I'm sure she sobered up real fast when she hit that lifeboat and freezing cold water! I feel no sympathy for her but I'm glad she was found. Some people aren't found so she's lucky (stupid though). I hate that people don't have to take personal responsibility for themselves anymore. She's an adult! Where's the accountability here?? She wants Carnival to pay for those expensive medical bills she has now and I hope she loses. Probably didn't even have vacation/travel insurance either.

[mrsdoc3]

Some random thoughts:

 

Being drunk probably saved her in the fall. Her body was more flexible and less rigid as it bounced and fell.

 

Wouldn't one of the rescue videos (I have not seen them) show if she was actually wearing a life jacket?

 

If she jumped, what was intention? Suicide? Then why put on the life jacket?

 

I would think Dram Shop laws would be even less enforceable at see because the likelihood of injuring an innocent third party is greatly reduced from what it would be on land -- no getting behind the wheel of a car while you are on a cruise ship.

[Keel Haul]

I wonder if Rupert Murdoch would agree with you. :confused:

He would have to agree after a number of journalist from the Guardian (the finest newspaper in the UK) brought him to his knees.

A soupcon of the opprobrium Murdoch had to face. http://www.guardian.co.uk/politics/2012/may/22/phone-hacking-debate-wrath-rupert-murdoch

[Julia’s Journey’s]

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

 

Guess she wore it to the bar cause she wasn't partying in her cabin:D:eek:

[songbird1329]

I just want to know -- all you "personal responsibility" types, who see liability in black and white, where are you when we're picking our juries?

[Can'tWait2SetSail]

This is why I stick with OV. hiccup

[ShanteS]

I just want to know -- all you "personal responsibility" types, who see liability in black and white, where are you when we're picking our juries?

 

I'd loved to be a member of the jury for this. Seriously. I just don't see where Carnival was responsible for this incident and her injuries when she kept sucking down Long Island Iced Tea after another and got so trashed that she fell/slipped/jumped overboard. I wouldn't imagine she'd remember everthing that happened anyway if she was drunk enough to fall overboard. She said she chose this company and ship because she wanted to have a good time and thought she'd be safe. Carnival can't protect an idiot from him/herself and it's not their job to babysit an adult who should be responsible for themselves.

[ShanteS]

This is why I stick with OV. hiccup

 

LOL Too funny!! :D

[Notaworryintheworld]

Despite all the speculation from the "experts" on this thread, this suit does cause me some concern. Why?

 

Let's start with "comparative negligence". If both the plaintiff and Carnival are negligent in causing the injuries, the plaintiff can successfully collect damages from Carnival -- but her award will be reduced by the percentage of negligence attrubuted to her.

 

As I said, Dram Shop liability usually benefits innocent third parties, but it's possible that we'll see a change in the law.

 

 

I an sure her attorney will find an engineering expert who will opine that it is, in fact, possible for her to have slipped and fallen off her balcony. Of course Carnival will have an expert as well.

 

 

There will be extensive pretrial discovery on Carnival's protocols for determining whether a passenger has fallen overboard as well as extensive discovery on how a passenger is rescued. Despite our speculation based on sound bites and what we think we know, few of us on this board have an actual clue on Carnival's practices, the industry standards, and whether Carnival followed its own procedures.

 

 

Likewise the medical malpractice claim is disturbing. Carnival had an obligation to provide her with appropriate medical care, and failure to do so would make Carnival liable for any resukting exacerbation of her injuries. I haven't seen her medical records, I don't know what Carnival's protocols are, and any time a medical professional exercises his/her judgment there's a possibility that another professional will question their judgment.

 

I am a defense attorney. I'm not writing tge settlement check just yet, but if I were on Carnival's defense team I'd be taking this one seriously.

 

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I have to agree with this. It seems like people are focussing on the part of the lawsuit dealing with her getting drunk. I'm guessing that was just thrown in as an extra negligence claim. The medical care once she was rescued is where it could get interesting. Only time will tell but that's the only part that seems legit to me at this point.