Help with terms of carriage?

[Zu~]

I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? I have insurance etc., but since they gave me the slippers that caused my painful fall, I think I should get an OBC or at least a future cruise credit. I spent 3 days in my cabin icing and not putting weight on it. They did however send me a bottle of wine. Don't know if this kind of question is allowed here, but any help/thoughts would be appreciated. Thanks, Zu~

[champagne123]

Terribly sorry for you, but how is this RCCL'S fault?

[storknurse13]

Not sure why RCCL is responsible. You put on the slippers and you stated that you had insurance for coverage. I’m sorry you slipped and injured yourself but I can’t see how they should give you something.

[Havingfun2010]

Terribly sorry for you, but how is this RCCL'S fault?

 

Because the ship was on the ocean, and no one said the ship moves in the contract. Actually, it's the oceans fault, and not the ship.

 

Sorry about the injury, but ships move, people slip, trip, and run into closed doors. These things can happen anywhere at any time.

[klfrodo]

Your proper recourse is to file a claim with your travel insurance for any medical costs and Trip Interruption while you were confined to your cabin.

 

However, you will need the supporting documentation.

 

Royal owes you nothing but you could receive enough compensation back thru insurance to cover part of next cruise.

[BekkaW]

If the company was liable for your injury (this is a big if - usually having suffered the injury on their premises wouldn’t in itself be sufficient) compensation is typically limited to the damages you incurred. You would need to have good evidence quantifying these damages. Did you see the ships medical personnel while onboard? That record would be a good start. You mentioned receiving a bottle of wine - how did that come about? Did RCI staff admit liability for the fall?

 

If you could establish all those things, and the damages was 3 days being stuck in your cabin, it would be worth writing to them and asking for an FCC or OBC to the value of the 3 days you “missed”. If they don’t agree you would need to consider whether the amount was worth engaging a lawyer to press your case.

[rebeccac]

I slipped and fell on a wet spot in the buffet on my last cruise (NCL Getaway). I was taken to the medical center and given an x-ray. Luckily nothing was broken, just a sprain. They gave me a neoprene brace, ibuprofen, and some baggies to put ice in. They did request (not demand) that I take a breathalyzer test. I passed with flying colors as it was 8 am. I had to cancel all of my excursions from that point on. This was not my fault at all and I was just happy to get a bottle of wine and a plate of tiny desserts, but mostly glad that I did not get charged for the medical care (although I did have insurance). Sometimes things happen. DH and I still enjoyed ourselves relaxing and taking advantage of the drink package. :D

[gerif]

Exactly how did the slippers cause the fall? Was there some obstacle that you fell over? Thought they no longer provided slippers (I still have pair from several years ago but thought they quit giving them). I can see if you weren’t careful you could fall out of them as you could with any slides which is why I no longer wear them. Sorry, cannot see this as any fault of RCI. Be grateful you have insurance.

[shellunderwater]

Sometimes things happen. DH and I still enjoyed ourselves relaxing and taking advantage of the drink package. :D

 

DING DING DING! You win the prize!

 

Yep, sometimes things happen. Not everything is someone's fault that should be compensated. You got a lemon, made lemonade, and had some vodka from the drink package and had a great drink!

 

Don't sweat the small stuff, and its all small stuff. My congrats on a great outlook.

 

Now, that said, I'm not taking sides on the OP's position specifically.

[nascarcruiser]

Why would the cruise line owe you? What's am i missing?

[stleda124]

Is this a joke? Were the "slippers" damaged in any way? Were the soles not attached properly? Or did you just trip in slippers?

 

You have no recourse. You slipped and fell. It's terrible that you were injured to the point of staying in your cabin for three days but I don't see anyway that RCCL is at fault for this.

[vacationlover_mn]

DH had a horrible norovirus pass-out experience on NCL, and we got all of our excursions refunded, and his dr appt for free. Then I got norovirus and free dr appts. Cruiselines aren’t always cheap and evil :)

 

 

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[SRF]

You COULD sue.

 

Of course, you have to figure out where to sue. RCI is a US company, but the ships are foreign flagged.

 

So figure you will spend more on an international lawyer to just figure out where to file suit that you could ever collect.

 

But I do wonder, why, these days, that everything must be someone else's fault, and that one should be compensated.

[PhoenixCruiser]

Damn slippers

 

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[not-enough-cruising]

Seriously?? I bumped my head getting into my truck this morning, I’m going to sue Ford!!

 

 

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[SeaDays]

I see that you live in Washington. Should you sue, your cruise contract requires that you do that in Florida, RCI’s home. Washington - Miami. I’m guessing that making this trip might not be your most cost efficient option.

[jagsfan]

Slippers that are slides or mules can cause falls. We females all know that unless we have never worn them. The chances of that are pretty slim.

I was in my kitchen in front of the microwave. I thought ok a bowl out and reached to put it on the counter. I moved, but my slippers didn’t.

In an instant my head was on the dining carpet and the rest of me on the kitchen floor. I fell on my titanium hip, which really worried me.

I was fine, other than bruised.

Whose fault was it?

Mine, because I chose to wear slippers that basically are not smart wear.

I’m still wearing that type because they’re convenient and comfortable. If I fall again, it will still be my fault.

 

 

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[Ourusualbeach]

You COULD sue.

 

Of course, you have to figure out where to sue. RCI is a US company, but the ships are foreign flagged.

RCI is a subsidiary of RCCL which is a Liberian registered company based in Miami. As per the contract any lawsuits must be brought forward in Florida and I believe Miami specifically.

[gerif]

Attorneys take these types of cases on contingency because they believe the payout will be sufficient to compensate them for their time and effort. Good luck finding one who will think this way about your accident.

[AlanF65]

Most likely the slippers did not include full instructions for use, where to use and how to use, warnings and cautions.

 

 

Did the daily planner offer training classes for donning ,walking and removing slippers.

 

 

 

There is just so much more that could be done by Royal.

 

 

Disclaimer: I am not a professional slipper trainer and often post sarcasm.

[nascarcruiser]

Most likely the slippers did not include full instructions for use, where to use and how to use, warnings and cautions.

 

 

Did the daily planner offer training classes for donning ,walking and removing slippers.

 

 

 

There is just so much more that could be done by Royal.

 

 

Disclaimer: I am not a professional slipper trainer and often post sarcasm.

:D:p:D:')

[dswallow]

Thy're called "SLIPpers" for a reason, ya know. Truth in advertising. :)

[Langley Cruisers]

...but since they gave me the slippers that caused my painful fall, I think I should get an OBC or at least a future cruise credit.

 

I am sorry for your pain. That would have been awful.

~

Having said that, watch this thread grow.... wow.... :o:o:o I predict 14 pages. :D

[stleda124]

I am sorry for your pain. That would have been awful.

 

~

 

Having said that, watch this thread grow.... wow.... :o:o:o I predict 14 pages. :D

 

 

 

And the OP will probably not be returning

 

 

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[chengkp75]

I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? I have insurance etc., but since they gave me the slippers that caused my painful fall, I think I should get an OBC or at least a future cruise credit. I spent 3 days in my cabin icing and not putting weight on it. They did however send me a bottle of wine. Don't know if this kind of question is allowed here, but any help/thoughts would be appreciated. Thanks, Zu~

 

While you may think you should get some compensation from the cruise line, it would basically be a PR or guest relations gesture on their part, and it sounds like the bottle of wine was their offer. If you wish to pursue this, know that the liability of a common carrier carrying passengers on ships is defined and limited by the Athens Convention of 1974, and its revision in 2002. Note that the Convention states that a carrier can limit their liability if they show that "the incident which caused the loss occurred without his (or his servants’) fault or neglect. ". While the US is not signatory to the Athens Convention, it has been held by precedent in the Ninth Circuit Court, that if sections of the Athens Convention are specifically called out in the ticket contract, that these are generally enforceable.

That limitation would be to the value of your actual loss.