Child falls 2 stories in ship at port

[Don Kehote]

As soon as the quote came out that they were interested in JUSTICE, I lost all empathy. If they really wanted justice, the parents would go to jail for reckless endangerment.

[I Luv Crusin]

GMA ran with the story this morning that she may have been forced somehow from crowded elevators.

 

 

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The elevators are not that close to the railings.

[Garavar]

You say this like the lawyers have no idea these mailers are being sent out. They hire the marketing companies to do it!

 

And yes, I am 100% positive they contacted me in less than a month. Full disclosure - I'm a cop and it was in the jurisdiction I work in. So a co-worker sent me a copy immediately but I wanted to get an official copy from police records for the insurance company. Before I could even get around to requesting on (so within a few days), I was getting these packets in the mail that had the accident report in them. So never bothered requesting a copy. Figured if it was good enough for the attorneys to send out it was good enough for the insurance company.

 

In Ohio the accident reports most certainly do report if you are injured or not. In fact it's a numerical score in a specific box so I'm pretty sure there's a way they could filter that if they wanted to.

 

I'm not really interested in arguing this anymore. Not all attorneys are bad. Just think that as a whole, people jump to suing far too fast. Not every tragedy in life needs to end with 'getting paid', though it happens far too often. And yes, the sleaziest of the sleazy that are apparently soliciting in violation of the rules and running ads all over TV are unfortunately getting rich doing it. But glad to know about the soliciting rule. Next time it happens I might save the materials and see if anyone cares enough to take the complaint.

 

 

 

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Well heaven forbid you are in another accident but if you are take the mailers and forward them to your local state Bar association if you are solicited days after your accident.

 

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[Kittybork]

AND this happened while the mother was hospitalized due to her grief. No one knows what will happen once she stabilizes a bit. There is no need to place blame on the victims in this case. The family just lost an 8 yo child, they may not be rational for a while.

 

AND just because someone retains a lawyer does not mean they will sue Carnival. It just doesn't.

 

Way too early to know anything at this point.

 

Throwing around the word "justice" probably DOES mean that they will sue.

[Kittybork]

Someone who apparently was on the ship claims the Mom was on the phone , backto the girl , while the girl climbed on a table to wave to someone and lost her footing ...truthfully that makes more sense ...

In anycase a very sad ending for this poor child and I.m sure this devastated family.....not easy

 

If that turned out to be true, I would think that Carnival may be more at fault. A table that could be climbed by a child too close to a railing would be Carnival's fault. Hopefully, we will learn the truth in time.

[Kittybork]

Are there cameras covering every inch of a cruise ship? I am asking seriously. I know there all cameras, but I can't believe 100% that they can cover every angle, on every deck, etc.

 

I can't answer that. I would think most every inch of public space is filmed, but that's conjecture.

[ultrafighter]

If that turned out to be true, I would think that Carnival may be more at fault. A table that could be climbed by a child too close to a railing would be Carnival's fault. Hopefully, we will learn the truth in time.

 

Really?? A child could also stick a bobby pin into the outlet in the cabin. Should Carnival be at fault for providing an outlet? Where does it end?

[Kittybork]

Really?? A child could also stick a bobby pin into the outlet in the cabin. Should Carnival be at fault for providing an outlet? Where does it end?

 

No, just the bobby pin.

[ultrafighter]

*facepalm*

[Tommy3putts]

Well heaven forbid you are in another accident but if you are take the mailers and forward them to your local state Bar association if you are solicited days after your accident.

 

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Been operating “undercover” on this thread. I’m an attorney as well (not PI and not a member of the FL bar). I appreciate your perspective and experience on this issue. Very informative.

 

One of the entertaining aspects of CC on these types of stories is to see all the expert opinions of the “arm-chair” lawyers. We have no real sold facts of what occurred and what was the proximate cause of the girls death. but yet we have multiple posters sure that their opinion is the right one: ready to blame the mother or sue Carnival.

 

Cheers

Tom

[Garavar]

If that turned out to be true, I would think that Carnival may be more at fault. A table that could be climbed by a child too close to a railing would be Carnival's fault. Hopefully, we will learn the truth in time.

 

Really?? A child could also stick a bobby pin into the outlet in the cabin. Should Carnival be at fault for providing an outlet? Where does it end?

As I said, if these are the facts there no lawsuit. An attorney wouldn't take it because they would lose on summary judgment based on controlling case law of Antoinette Pizzino vs NCL (No. 16-16812).

 

Attorneys don't file frivolous Claims as so many of you seem to think. The Law is in place dismiss cases if they are frivolous. An attorney wouldn't waste their time and money.

 

Those above facts wouldn't get to a trial/jury.

 

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[Cafedumonde]

As soon as the quote came out that they were interested in JUSTICE, I lost all empathy. If they really wanted justice, the parents would go to jail for reckless endangerment.

 

I agree with this. I originally felt awful for the parents and thought it must have been a freak accident, but now that they are trying to blame the cruise line, I have lost sympathy. There is no senario here where the cruise line is at fault, except in a very twisted view of reality. Our children are incredibly rambunctious, crazy really (I will be able to sleep better when they are older-- yes it is that bad), and yet there would be no situation where one could just fall over a railing unless they were climbing on it. One of our kids is 8 and seriously disobedient but even he would never, ever climb a railing or lean over it. We have been on many cruises and balconies or railings have never been an issue. But... we do not leave our children unattended ever. That may be the difference.

[grapau27]

I agree with this. I originally felt awful for the parents and thought it must have been a freak accident, but now that they are trying to blame the cruise line, I have lost sympathy. There is no senario here where the cruise line is at fault, except in a very twisted view of reality. Our children are incredibly rambunctious, crazy really (I will be able to sleep better when they are older-- yes it is that bad), and yet there would be no situation where one could just fall over a railing unless they were climbing on it. One of our kids is 8 and seriously disobedient but even he would never, ever climb a railing or lean over it. We have been on many cruises and balconies or railings have never been an issue. But... we do not leave our children unattended ever. That may be the difference.

Great post and ultimately i think it was a terrible accident caused by the child climbing onto the railing and no one taking due care and attention towards that child.

[helen haywood]

Did anyone see the story about the 10 year old boy who was on a railing at Niagara Falls and slipped and fell? In that case his mother was there...taking a picture of him on the railing....

[RenoNanaOz]

A child has lost her life, can we just focus on that? Blame, fault etc will not bring this child back. I can't even imagine what this Mother is going through. Prayers for this family that is having to deal with this unimaginable situation.

[grapau27]

A child has lost her life, can we just focus on that? Blame, fault etc will not bring this child back. I can't even imagine what this Mother is going through. Prayers for this family that is having to deal with this unimaginable situation.

I agree totally but talking about legal action seems inappropriate.

[teague38]

I agree with this. I originally felt awful for the parents and thought it must have been a freak accident, but now that they are trying to blame the cruise line, I have lost sympathy. There is no senario here where the cruise line is at fault, except in a very twisted view of reality. Our children are incredibly rambunctious, crazy really (I will be able to sleep better when they are older-- yes it is that bad), and yet there would be no situation where one could just fall over a railing unless they were climbing on it. One of our kids is 8 and seriously disobedient but even he would never, ever climb a railing or lean over it. We have been on many cruises and balconies or railings have never been an issue. But... we do not leave our children unattended ever. That may be the difference.

 

Please don't say your child would NEVER do something. You NEVER know what a child might do!! Also, I guess you have never taken your eyes of off your kids for even a few seconds because that's all it takes.

[LH25]

I agree with this. I originally felt awful for the parents and thought it must have been a freak accident, but now that they are trying to blame the cruise line, I have lost sympathy. There is no senario here where the cruise line is at fault, except in a very twisted view of reality. Our children are incredibly rambunctious, crazy really (I will be able to sleep better when they are older-- yes it is that bad), and yet there would be no situation where one could just fall over a railing unless they were climbing on it. One of our kids is 8 and seriously disobedient but even he would never, ever climb a railing or lean over it. We have been on many cruises and balconies or railings have never been an issue. But... we do not leave our children unattended ever. That may be the difference.

 

I haven't seen anything from the parents that they are blaming the cruise line. Just a comment from another family member about retaining a lawyer, and LOTS of speculation from those who weren't even there.

[Cafedumonde]

Please don't say your child would NEVER do something. You NEVER know what a child might do!! Also, I guess you have never taken your eyes of off your kids for even a few seconds because that's all it takes.

Obviously. And that would be a freak accident. That is why I cannot sleep at night. But that is not Carnival's fault.

[cltnccruisers]

Please don't say your child would NEVER do something. You NEVER know what a child might do!! Also, I guess you have never taken your eyes of off your kids for even a few seconds because that's all it takes.

 

We've all done stupid or embarrassing things either as kids or adults. They just usually aren't tragic. Heck, I'm 63 and every now and then something, most often a smell or sound, will trigger an old memory from decades ago and I'll think, "God, what was I thinking?"

 

Sadly, this family's memories of this cruise will be overshadowed by this terrible event.

[grammi]

After reading all the news reports on this tragic story, reading the opinions of the posters on this thread, and remembering my experiences while cruising with youngsters my hypothesis is: The child was forced out of the elevator or couldn't get on the elevator because of crowding so separated from the rest of the family. She ran to the glass rail, climbing as high as she could looking for her family both below and decks above, she lost her balance and fell to her death. Very sad, tragic accident.

[nealstuber]

A child has lost her life, can we just focus on that? Blame, fault etc will not bring this child back. I can't even imagine what this Mother is going through. Prayers for this family that is having to deal with this unimaginable situation.

 

 

 

That’s where I was until the “Justice” thing came out.

And we keep using the plural word “Parents” when only one parent cruised with the child.

I’m certainly not saying single parents shouldn’t cruise with their kids, but all this talk of hand and leash holding.... How exactly does that work when you have a newborn in one hand and at least a diaper bag in the other.

 

At least we’re off the “That child should have been in school” kick. If the elevator was so crowded that little this little girl squeezed in the front and then got out with traffic before her floor getting separated from her mom, they could have avoided this my waiting by taking the stairs or debarking later. Any decision made by Mom up to a few seconds before this accident might have changed the outcome, doesn’t mean any of them were wrong.

 

 

 

 

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[nealstuber]

That’s where I was until the “Justice” thing came out.

And we keep using the plural word “Parents” when only one parent cruised with the child.

I’m certainly not saying single parents shouldn’t cruise with their kids, but all this talk of hand and leash holding.... How exactly does that work when you have a newborn in one hand and at least a diaper bag in the other.

 

At least we’re off the “That child should have been in school” kick. If the elevator was so crowded that little this little girl squeezed in the front and then got out with traffic before her floor getting separated from her mom, they could have avoided this my waiting by taking the stairs or debarking later. Any decision made by Mom up to a few seconds before this accident might have changed the outcome, doesn’t mean any of them were wrong. But the person who made those decisions is responsible for them, not Carnival.

 

 

 

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[42CruiseCrazy]

After reading all the news reports on this tragic story, reading the opinions of the posters on this thread, and remembering my experiences while cruising with youngsters my hypothesis is: The child was forced out of the elevator or couldn't get on the elevator because of crowding so separated from the rest of the family. She ran to the glass rail, climbing as high as she could looking for her family both below and decks above, she lost her balance and fell to her death. Very sad, tragic accident.

 

 

 

The scenario you described does sound likely but the question is....what did she climb on and should it have been there? It’s not easy for an adult, let alone an 8 year old, to lean over the railing that far to lose balance and fall over.

 

 

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[Thorncroft]

It's not unheard of to file preemptive lawsuits, particularly when maritime law is involved. Carnival, itself, has done the same thing. You only need to look back to the Triumph "poop cruise" to see this. Triumph was docked at the BAE Systems shipyard in Mobile, for repairs, when a freak storm blew up one afternoon, causing the Triumph to break free and go adrift in the Mobile River. The Triumph struck two ships while adrift and tragically, two shipyard employees died in the event. In the aftermath, Carnival filed lawsuits against numerous parties, including BAE Systems, the Army Corp of Engineers, Signal shipyard across the river from BAE and the widow of a BAE employee who was tragically killed in the event.

 

It's all legal posturing to protect their own interests, basically elbowing others out of the way in order to make themselves whole and to protect their position in the case.

 

http://www.al.com/business/index.ssf/2013/06/carnival_corp_seeking_12_milli.html

 

This family may not ever file a lawsuit against Carnival, but knowing that Carnival already has their lawyers on the case, it would be foolish for this family not to consult legal counsel to ensure that their rights are protected, at the least.

Edited October 17, 2017 by Thorncroft