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bnorris10

Child hurt on Cruise question

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Out of curiosity

 

A child runs past another child and knocks that said child out of a chair by accident of course and the fallen child breaks a collar bone and has to go to visit doctor on the ship

 

Leaving travel insurance and personal health insurance out of it - Should the parents of the hurt child be responsible for the doctor's fee's?

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If they prove that it was an accident, injured child's parents pay.

If it was done on purpose, then the parents of the child who did it, should pay.

 

 

Karen

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One kid jumped on my kid in a bounce house and my kid wound up with a broken arm. I didn’t charge them for it (it was an accident) but the other mom did make her kid use his own money to buy my kid a movie gift card as an apology.

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One kid jumped on my kid in a bounce house and my kid wound up with a broken arm. I didn’t charge them for it (it was an accident) but the other mom did make her kid use his own money to buy my kid a movie gift card as an apology.

 

Good way to teach a child about responsibility

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Sounds like your senerio is just an accident. Things like that just happen. This is why you have insurance, for accidents that happen. Parents should just pay the bill and move on.

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Assuming that this is not hypothetical - I am sorry the child was injured and hope s/he makes a full recovery.

 

However, accidents happen and this is exactly what insurance is for. I certainly don't think the parents of the other child should be expected to pay, although a gesture similar to the one described by 'spleenstomper' (great name!) would be appreciated.

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What would the expectation be if this had happened on shore somewhere? I agree with everyone else, this was an accident and the parents of the injured child foot the bill.

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If they prove that it was an accident, injured child's parents pay.

If it was done on purpose, then the parents of the child who did it, should pay.

 

 

Karen

 

This is how it works in American law. International waters on a ship with Panamanian registry...maybe not?

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This is how it works in American law. International waters on a ship with Panamanian registry...maybe not?

 

Agreed, plus civil tort liability and the word "should" mean two very different things. At any rate, having insurance prior to a cruise is the best option. Can't do much about that after the fact, but you never know what will happen.

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If they prove that it was an accident, injured child's parents pay.

If it was done on purpose, then the parents of the child who did it, should pay.

 

 

Karen

 

Note the use of "should" when referring to the parents of the child who caused the injury. First off, an investigation would have to determine it was intentional, and I doubt that would happen onboard, even a US flag ship.

 

This is how it works in American law. International waters on a ship with Panamanian registry...maybe not?

 

Barring proven negligence on the part of the cruise line, and without proof of intention, then regardless of where it happened or what flag the ship flies, the injured child's parents pay for the bills.

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I have a little different thought on it. If the child that caused the accident was doing something they shouldn't have been and caused the accident, then I think there is partial blame and there should be some restitution.

 

for instance, if the child that was running was doing so in an area that you should not be running or if the child had been told to stop running then this accident was preventable. If running in a park or schoolyard I agree it was a true accident that was probably not preventable but running on a ship is not something you should be doing so I think there is some blame and perhaps some monetary responsibility.

 

Maybe I have been watching too much Judge Judy... :confused:

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I would be afraid that the parents of the “responsible” child would be opening a huge can of worms by paying the initial bills. What would prevent the parents of the injured child from claiming that their child was, for instance, a child prodigy on the violin and the broken arm would prevent their child from reaching his/her earning potential as a concert violinist and suing for potential lost wages? Would paying the initial medical bills be admitting responsible for possible future problems?

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So if I had a built up guys burger and another person “accidentally” knocks it from my hand to the floor, is that person responsible to get me another built up burger or do I have to do it myself ?

 

 

Sent from my iPhone using Forums

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I don’t know who had legal liability, but how on earth would you ever get the other parents to pay. Assuming this child is running somewhere because they are unsupervised (which I think would be a necessary part of holding the other parents liable). At home you would ask around to find out who the other parents are. Then contact them and explain the situation and show them the bills. And if they refuse to pay you would file a civil lawsuit and take them to court.

 

On the ship, no one know anyone else. The parents will be more focused on getting immediate treatment for their child and a week long cruise isn’t enough time to treat the child and hunt down the parents. And even if you did, if they refuse to pay; once you return home to Virginia and they return home to Colorado; doubt very much you would have much success with a lawsuit. I’m assuming it would have to be filed in the cruise ship’s homeport jurisdiction.

 

 

Sent from my iPhone using Forums

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The injured child pays for all costs associated with the accidental medical incident. Parent submits claims to their insurance company, which in most cases, they should pay according to the terms of the contract. Most insurance companies pay for emergency care outside of area.

 

If the parent wants to press the issue, than they sue the parents of the child that caused the accident.

 

The parent of the kid that caused the accident should never pay, because if they did, they accept blame.

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Personal injury is not like a car accident. There is not a police report or something official to help your case. How in the world would you be able to force the parents of the first child to pay the bills?

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I have a little different thought on it. If the child that caused the accident was doing something they shouldn't have been and caused the accident, then I think there is partial blame and there should be some restitution.

 

for instance, if the child that was running was doing so in an area that you should not be running or if the child had been told to stop running then this accident was preventable. If running in a park or schoolyard I agree it was a true accident that was probably not preventable but running on a ship is not something you should be doing so I think there is some blame and perhaps some monetary responsibility.

 

Maybe I have been watching too much Judge Judy... :confused:

 

Judge Judy: Listen here Missy! you should of be....

 

Parent of running child: Mame, you cannot expect a parent to be watching their kids 24-7 you are bound to miss something that your child is doing wrong.

 

Judge Judy: First off, do not interrupt me again and listen to me very carefully. When you decided to have children that is when you took on the responsibilities of such children until they are of age. For you to tell me you cannot see everything your children is doing 24-7 as a defense. Well let me tell you how much responsibilities you do have *Drops The Hammer*

 

LoL:')

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"Should" the parents of the offending child be held responsible? Well, that can be debated from now to eternity...........the more relevant question is "shouldn't" the parents of the offending child FEEL and ACCEPT responsibility? The term "accident" does not relieve one of liability by default. Case and point: If I run a red light/stop sign and hit another car, enough though I claim it was an accident, I'm still responsible for the damages to both my car and the other vehicle. Many businesses have policies if your child breaks something, you just bought it. However, accepting responsibility is a fast growing thing of the past these days; but, that's another discussion entirely. I digress.

 

If my child caused the incident, I'd feel responsible for my child and accept the consequences of their action and offer to reimburse the parents of the injured child. Most "accidents" are not accident's in the true sense of the word and have causation roots. Predictable is preventable. Nevertheless, assuming the parents do not feel responsible and don't offer to pay, the incident happening in international waters is an area that could get into a legal quagmire and end up costing more to seek civil action than the medical cost is worth. It's not rocket science to know the risk of children (and sometimes teenagers/adults) running anywhere where a lot of people are present, but more especially in a confined space with moving people, are high that a collision is going to happen sooner or later. It's probably fair to say that you've "bumped" into someone on a cruise ship even when walking. I know I have and have been bumped into as well. Running just exacerbates the risk. I did not not allow my children not do I allow my grandchildren to run in malls, church, on cruises, etc. for this very reason. Another important reason is the elder generation does not have the reflexes to take evasion action. I've seen several folks knocked down, drinks knocked out of their hand, plates of food spilled, etc., due to running children hitting other people. My wife has had her walking cane knocked out of her hand from running kids. I've also seen children run into doors, support columns, and trip and fall on the hard floor injuring themselves - by running. In the end, if the parents did not offer any assistance in the medical costs, then I'd pay the bill ( I always buy insurance) and move on. All things being said, life does happen and sometimes you're just in the wrong place at the wrong time.

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When the injured child’s parents go to the doctor and use insurance, they will get a form in the mail asking whose fault was this. Was this an accident or did someone cause this who should pay.

 

I put accident for my kid because it mostly was. (Bounce house and all of that— kids act stupid in those things).

 

If you put the other person is at fault, you have to give all of the other party’s information and now it’s a thing.

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The child was running around Club C in his socks which caused him to slip a little to much when he was running and it was my daughter who got hurt - she will be fine we have already taken her to her normal doctor luckily we have been thru a broken collar bone before so we knew it was not a grave emergency to jump off the ship

 

The kid I know felt so bad every time he saw my daughter he was apologizing and hugging her - Never heard a thing from his parents I guess I am just a weirdo as if it was reversed I would have looked for the other parents and seen what I could do to help at least I know the kid felt bad about what happened

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The child was running around Club C in his socks which caused him to slip a little to much when he was running and it was my daughter who got hurt - she will be fine we have already taken her to her normal doctor luckily we have been thru a broken collar bone before so we knew it was not a grave emergency to jump off the ship

 

The kid I know felt so bad every time he saw my daughter he was apologizing and hugging her - Never heard a thing from his parents I guess I am just a weirdo as if it was reversed I would have looked for the other parents and seen what I could do to help at least I know the kid felt bad about what happened

 

The fact that your clarification/summary post here contains not one word about who should be paying pretty much means you have answered the original question for yourself. (Glad to hear your daughter will be fine).

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