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To sue or not????

Aboat1

By Aboat1,
in Ask a Cruise Question

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researchfreak90

researchfreak90

Posted
Posted

No, she drank to much, probably climbed on the railing drunk and slipped and fell.

 

I can understand 90 minutes may seem long but consider that first they had to have a report that someone went overboard, confirm when and where they went overboard and then turn that massive ship around and locate a tiny person, in the dark, in the middle of the ocean. 90 minutes sounds pretty quick response to me.

 

This would be warranted say maybe the railing broke and she fell overboard, or maybe there was so type of other equipment failure that caused it, but she drank, obviously climbed up the railing and slipped.

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Cindy

Cindy

Posted
Posted

Ugh...sometimes I think people should have to present "Proof of IQ" along with their passports before they can board a ship. Unless this lady is about 8 feet tall, there is no possible way she just slipped and fell overboard.

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squadron

squadron

Posted
Posted
When I was on the Serenade over Christmas, I decided to check every public railing, as well as - balcony railing, to see if I could fall overboard. NOPE - can't do it UNLESS you climb up onto the railing. The railings are too tall. Her lawsuit will get thrown out of court.

 

I would hope so! It's called taking responsibility for your actions and not thinking it is everyone else's fault when something goes wrong.

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grandgeezer

grandgeezer

Posted
Posted

If they sue, they're probably looking for a settlement, which they probably get. There are a lot of nuciance law suits filed hoping the company sued will pay off rather than going through the cost and time of a trial. I don't think anybody is 100% guilt free no matter what the circumstances. It's not right, but that's the way our court views things.

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mistshar

mistshar

Posted
Posted (edited)

i just saw a report about it on Inside Edition and on there she said she leaned over the rail to look at the ship and just fell. If that is true, I think she probably leaned way over. She would have had to. I think she should be very appreciative that they were able to find her when they returned to look for her. That in itself is a miracle.

Edited by mistshar
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tlatrice

tlatrice

Posted
Posted (edited)

From the article:

 

"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."

 

Once the ship did turn around and rescue Kirby from the water, she claims ship doctors refused to treat her injuries (including multiple broken bones, lung contusions and blood clots), giving her only pain medication. Additionally, she claims Carnival refused to airlift her to a hospital in Miami, instead diverting the ship to Key West.

 

Kirby further accused Carnival of getting her drunk by "pushing" Long Island iced-teas on her and encouraging her to drink more by giving her free $5 casino coupons each time she purchased more drinks.

 

 

1. How in the hell do you 'slip OFF the ground'???

 

2. The infirmary is not an ER. They probably aren't equipped to handle something like that.

 

3. It's not like the ship has a helicopter on board. She probably got there faster by diverting than it would have been to call in a helicopter, wait for it to arrive and then make the trip to Miami. And why was it so critical that she be taken to Miami? If you have SEVERAL broken bones, I would think that you would want the closest hospital available.

 

Some people...

Edited by tlatrice
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fishtaco

fishtaco

Posted
Posted
Yup. It seems that no matter what happens, the first response by someone is to sue someone with deep pockets. I am surprised that she is not suing for getting wet!

 

 

No! "The first response" by the captain was not to stop and rescue but to conduct a search and question witnesses even though there were many independent witnesses to the actual man overboard:confused:

 

What is really being challenged is the ships Man overboard protocol and weather rescue was delayed because of protocol.

 

Forget she was drunk, they only knew that after the man overboard rescue.

 

If she was pushed or thrown overboard then she would have been victim not a silly drunk or a person trying to commit suicide!

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Sherlock43031

Sherlock43031

Posted
Posted (edited)

the cruise company (their insurance) will settle they won't take the chance of going to court. right or wrong that is what will happen.

 

unlimited drink package, free drinks to keep gambling, evidently bartenders kept serving her after she was hammered. they will settle and she will never be allowed to tell how much she got.

Edited by Sherlock43031
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Arizona Cruz Chic

Arizona Cruz Chic

Posted
Posted
Shall I respond?

 

Oh, sure, what the heck.

 

I have said it before and I will say it again: You cannot just FALL off a cruise ship.

 

Here is the Cruise Critic article that appeared at the time:

 

http://www.cruisecritic.com/news/news.cfm?ID=5259

 

 

Agree...agree...agree....you just don't fall off a cruise ship! Period!

 

***

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Corby114

Corby114

Posted
Posted

She was very lucky to survive the fall and not get sucked under the ship which would have most likely caused her to either drown or be crushed to death. If she has proof that the bartenders were still serving her if she was visibly intoxicated then she may have a case. Otherwise she doesn't have a chance unless Carnival is looking for the bad publicity to go away by settling with her.

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fam2cruise

fam2cruise

Posted
Posted

Sadly she will probably win or at least settle for a large amount of money even though she was entirely responsible for what happened. The other cruisers should sue her for emotional distress and ruining their cruises. Not really...that was sarcasm, but I won't be surprised if that happens as well. Yep, 'murica!

 

 

Sent using the Cruise Critic forums app

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Alyrica

Alyrica

Posted
Posted
I'm going to sue Chevrolet for allowing my car to get in an accident that i caused and then im going to sue them for not coming to pick me up afterwards.. :confused:

 

Lol... That reminds me of an article I read regarding ridiculous lawsuits where the claimants won. I can't remember what type of vehicle it was but I'm thinking Winnebago. Anyway the driver thought that cruise control meant they didn't have to actually drive the vehicle so they went into the back to hang out for a bit. Of course they wrecked. Sued the company and won.

 

This ridiculous Carnival lawsuit reminds me of the family that tried to sue McDonalds because their child was obese. Even though that lawsuit was thrown out so many aren't and until lawsuits stop being profitable for the lazy, ethically challenged and the over entitled, this will continue to happen. Such a shame.

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ace1zoe2

ace1zoe2

Posted
Posted

As I tell everyone who asks... there is no way humanly possible to "fall overboard" unless you are 8 foot tall.

 

I am normal height for a woman, 5' 5" tall and the balcony rails hit me at my underarms.

 

No way I'm going overboard unless I am sitting on a rail, or climb up on a chair or table...

 

Just for reference:

 

image_zps7c0fcc32.jpg

 

 

Sent from my iPad using Tapatalk HD

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