Man Sues Celebrity

[helen haywood]

Just saw this article. He was driving a “golf cart” around the ship?

 

Man sues cruise liner after burn leaves skin 'just hanging off'

 

http://www.foxnews.com/travel/2018/05/13/man-sues-cruise-liner-after-burn-leaves-skin-just-hanging-off.html

 

Explore the Fox News apps that are right for you at http://www.foxnews.com/apps-products/index.html.

 

 

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[canadianbear]

There is no common sense left in the world.

[adonisr]

I'm sorry, but he knew it was a really hot day - he even came back on board the ship because it was so hot. He suffers from a condition that limits his senses, so he knows he can't tell if things are hot or cold. He made a dumb mistake and now wants Celebrity to pay for it.

[ghstudio]

There’s a lawyer looking to make some settlement $’s for any claim they can find to file. Welcome to the USA.

 

 

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[Mr. Click]

I am going to guess that his "golf cart" was a scooter. We see lots of them on ships. As for the rest, ghstudio has it right, the plaintiff needs to take responsibility for his own limitations. The law will vary from state to state but the issue here is contributory negligence. Some states make it a shared fault, some states say if you are negligent as well as the defendant then you get nothing. No, I am not a lawyer but I have stayed at a lot of Holiday Inn Expresses.

[mom says]

Something doesn't smell right, and it's not the poor man's feet. I think something was left out of this story. If he only walked 10-12 feet, that's only 4-5 steps. If the deck was hot enough to cause 2nd or 3rd degree burns to his feet in that short a time, the Sick Bay should have been overrun with burn cases from all of the other pool users that day. He had to have been standing or walking a lot longer than that. And I agree that since he knew he had sensory problems, and he knew it was a hot day, he had a duty to himself to take extra care. Assuming his hands weren't similarly affected, he could have at least tried touching the deck before taking off his shoes.

 

Taking a side bet on whether the cruise line will settle out of court just to avoid publicity.

[Pavovsky]

Shows the dangers of the sun.

 

 

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[Marelaine]

That's why I wear flip flops when I walk from my lounger to the pool. A man with neuropathy should know to protect his feet, always. I don't know how this could be Celebrity's fault.

[cruiseerf]

He knew he had this condition....why wasn't he wearing slippers? or swim shoes? Not cruiselines fault.

[stevenr597]

Interesting story about a law suit from a gentleman who claims he suffered burns on the Equinox.

Man sues cruise liner after burn leaves skin 'just hanging off'

http://www.foxnews.com/travel/2018/05/13/man-sues-cruise-liner-after-burn-leaves-skin-just-hanging-off.html

 

Explore the Fox News apps that are right for you at http://www.foxnews.com/apps-products/index.html.

[RocketMan275]

This guy was on a ship docked in Greece. Where would he file a law suit? He also refused treatment, ie, transportation to a facility ashore.

[cltnccruisers]

This couple is of retirement age. I wonder how well they planned - or didn't.

[korryp]

Interesting read just not sure he'll get the 5 million. They offered him a flight him off the ship which he turned down. Seems if he was in pain that would have been a better choice then to stay on the ship.

[cltnccruisers]

Poor retirement planning.

[Hlitner]

Neuropathy is a tough situation, but the plaintiff should have been more cautious with his condition. The same thing could easily happen to him walking across a hot sandy beach. The fact that he refused Medical Evacuation will certainly have a negative impact on any jury hearing his lawsuit.

 

Hank

[dkjretired]

This guy was on a ship docked in Greece. Where would he file a law suit? He also refused treatment, ie, transportation to a facility ashore.

 

Believe the Cruise Contract specifies where the lawsuit is filed, usually in Miami.

[hubofhockey]

since he knew he had sensory problems, and he knew it was a hot day, he had a duty to himself to take extra care.

 

The determination of negligence, under maritime law, primarily hinges on whether a "reasonably careful ship operator" likely would not have known about the hazard that caused the injury. The law allows for the understanding that is not possible for even the most careful ship operator to foresee every dangerous condition. This certainly looks to be the case here. Maybe they settle for the cost of the cruise because they don't want to litigate, but that might come with an agreement that the plaintiff stay off of Celebrity and other RCCL brands.

[cltnccruisers]

The determination of negligence, under maritime law, primarily hinges on whether a "reasonably careful ship operator" likely would not have known about the hazard that caused the injury. The law allows for the understanding that is not possible for even the most careful ship operator to foresee every dangerous condition. This certainly looks to be the case here. Maybe they settle for the cost of the cruise because they don't want to litigate, but that might come with an agreement that the plaintiff stay off of Celebrity and other RCCL brands.

The cruise was in 2014. Now, 4 years later, the "victim" is 66. No 401k or savings. Only social security. Can't retire just on that. Purely speculation of course. :)

[mom says]

There's already a thread on this subject: https://boards.cruisecritic.com/showthread.php?t=2634370

[jelayne]

Find it strange that in 10-12 feet his feet got badly burned but his wife and friends who walked to the pool, as well as other passengers, weren’t burned. I wondering with no feeling in his feet how long he really stood on the deck.

[eandj]

By refusing to leave the ship for proper treatment, this guy put himself in danger of infection.

 

I'm sure if my husband had severe burns, I'd be the first to pack our bags and leave the ship for his immediate emergency care. What was SHE thinking? :eek:

 

This is crazy.

[RocketMan275]

Believe the Cruise Contract specifies where the lawsuit is filed, usually in Miami.

The cruise contract also states that the cruise line shall be notified within six months of an injury and all suits must be filed within one year.

[helen haywood]

How does this even get in the news then?!

 

 

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[K12Guy]

The determination of negligence, under maritime law, primarily hinges on whether a "reasonably careful ship operator" likely would not have known about the hazard that caused the injury. The law allows for the understanding that is not possible for even the most careful ship operator to foresee every dangerous condition. This certainly looks to be the case here. Maybe they settle for the cost of the cruise because they don't want to litigate, but that might come with an agreement that the plaintiff stay off of Celebrity and other RCCL brands.

The cruise was in 2014. Now, 4 years later, the "victim" is 66. No 401k or savings. Only social security. Can't retire just on that. Purely speculation of course. :)

 

I think your point may be valid. In most jurisdictions a letter of claim has to be filed within a certain time, normally one year from the date of 'injury'. I'm not sure how he can file an actual claim with almost four years gone by unless they is a trail of communication over that time with him trying to gain compensation, which doesn't seem likely. I think the lawyer is hoping for a nuisance settlement of $XXXX so this will go away. Not likely to happen either. But I'm not a lawyer. Although I did play Lassie on TV.

[dkjretired]

I’m not a lawyer either but I wish the states would all adopt policies where the judge could order one side to pay both sides lawyers fees in frivolous suits. There’s a lawsuit now in NJ where a teenager and his parents are suing the kids baseball coach. The reason, the coach told the kid to slide at third base and he got injured.

 

I guess we’ll be seeing signs at the pool and warnings in the dailies that the decks might be hot.

Edited May 14, 2018 by dkjretired