helen haywood Posted May 13, 2018 #1 Share Posted May 13, 2018 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. Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
canadianbear Posted May 13, 2018 #2 Share Posted May 13, 2018 There is no common sense left in the world. Link to comment Share on other sites More sharing options...
adonisr Posted May 13, 2018 #3 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
Rare ghstudio Posted May 13, 2018 #4 Share Posted May 13, 2018 There’s a lawyer looking to make some settlement $’s for any claim they can find to file. Welcome to the USA. Sent from my iPad using Forums Link to comment Share on other sites More sharing options...
Mr. Click Posted May 13, 2018 #5 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
Rare mom says Posted May 13, 2018 #6 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
Pavovsky Posted May 13, 2018 #7 Share Posted May 13, 2018 Shows the dangers of the sun. Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Marelaine Posted May 13, 2018 #8 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
cruiseerf Posted May 13, 2018 #9 Share Posted May 13, 2018 He knew he had this condition....why wasn't he wearing slippers? or swim shoes? Not cruiselines fault. Link to comment Share on other sites More sharing options...
Rare stevenr597 Posted May 13, 2018 #10 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
RocketMan275 Posted May 13, 2018 #11 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
cltnccruisers Posted May 13, 2018 #12 Share Posted May 13, 2018 This couple is of retirement age. I wonder how well they planned - or didn't. Link to comment Share on other sites More sharing options...
korryp Posted May 13, 2018 #13 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
cltnccruisers Posted May 13, 2018 #14 Share Posted May 13, 2018 Poor retirement planning. Link to comment Share on other sites More sharing options...
Rare Hlitner Posted May 13, 2018 #15 Share Posted May 13, 2018 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 Link to comment Share on other sites More sharing options...
dkjretired Posted May 13, 2018 #16 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
hubofhockey Posted May 13, 2018 #17 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
cltnccruisers Posted May 13, 2018 #18 Share Posted May 13, 2018 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. :) Link to comment Share on other sites More sharing options...
Rare mom says Posted May 13, 2018 #19 Share Posted May 13, 2018 There's already a thread on this subject: https://boards.cruisecritic.com/showthread.php?t=2634370 Link to comment Share on other sites More sharing options...
jelayne Posted May 13, 2018 #20 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
eandj Posted May 13, 2018 #21 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
RocketMan275 Posted May 13, 2018 #22 Share Posted May 13, 2018 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. Link to comment Share on other sites More sharing options...
helen haywood Posted May 14, 2018 Author #23 Share Posted May 14, 2018 How does this even get in the news then?! Sent from my iPhone using Forums Link to comment Share on other sites More sharing options...
K12Guy Posted May 14, 2018 #24 Share Posted May 14, 2018 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. Link to comment Share on other sites More sharing options...
dkjretired Posted May 14, 2018 #25 Share Posted May 14, 2018 (edited) 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 Link to comment Share on other sites More sharing options...
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