Injury due to negligence in spa?

[california and cruising]

Small injury on the ship. This was due to an employees negligence.  They sent my husband to medic. But, he was in discomfort three days out of four on the cruise (only a 4 day cruise) and then 2 more days on return. I called and their offer is a future onboard credit of 200pp.  We are not sure we want to actually sail again within the year.

Does this seem fair or is this normal protocol?

 

 

[Toofarfromthesea]

2 hours ago, california and cruising said:

Small injury on the ship. This was due to an employees negligence.  They sent my husband to medic. But, he was in discomfort three days out of four on the cruise (only a 4 day cruise) and then 2 more days on return. I called and their offer is a future onboard credit of 200pp.  We are not sure we want to actually sail again within the year.

Does this seem fair or is this normal protocol?

 

 

 

Sounds like a nuisance offer.

[sparks1093]

I had a stomach bug and was quarantined to my cabin and they gave me a $185 FCC without me even asking for it (we were on a 7 day cruise in a suite which probably affected the price). I would ask for better terms for using it (such as being able to use it to book within the next year and sail in the next two or something like that).

[ColeThornton]

6 hours ago, california and cruising said:

Small injury on the ship. This was due to an employees negligence.  They sent my husband to medic. But, he was in discomfort three days out of four on the cruise (only a 4 day cruise) and then 2 more days on return. I called and their offer is a future onboard credit of 200pp.  We are not sure we want to actually sail again within the year.

Does this seem fair or is this normal protocol?

 

 

 

Depends.  What was the employees negligence and what was the extent of the injury?

[1025cruise]

I'd have to review things, but I'm pretty sure you sign away any liability with the spa contract.

[sanger727]

Covering the medical bill onboard is usually pretty standard. Accidents occur. It's hard to say if more was deserved without know the extent of the negligence and the extent of the injury. Slipping in a wet bathroom is a pretty minor act of negligence and a condition the customer should have expected. A massuest using hot stones that are far too hot and burning him would be a much bigger issue. 

[california and cruising]

The nail technician while using nail clippers instead of cutting his nail, cut a piece of the corner of the skin on his finger off. Bleeding profusely, until they were able to stop it. No stitches. But, throbbing for days and painful.

Edited May 9, 2023 by california and cruising

[Flatbush Flyer]

1 hour ago, 1025cruise said:

I'd have to review things, but I'm pretty sure you sign away any liability with the spa contract.

Not only do you sign away liability but, I’m betting that the cruise line’s T&Cs specifically deny responsibility for problems caused by its contractors (e.g., spa, excursions, airlines….)

 

As for the SBC or FCC offer of a few hundred $ to get you to stop complaining? That’s a fairly standard practice. That said, it sounds like OP wants to make the most of the situation and may want more (which, of course, would cost far more in attorney fees for a “sure looser” of a very expensive case.

[california and cruising]

Not really but we have had manicures for years and years and yes have been nipped too close with a cuticle nipper but never a piece of the skin on a finger taken off with actual nail clippers. Because it was negligence by the operator and it was very painful. His cruise was not the best. We would be okay if it was a refund, but to have to rebook and use something within a year is not to our benefit. 

If that is the case about them not having to take responsibility for anything onboard or due to their contractors, then it is a no brainer to not use any of their contractors in the future.

[mrgabriel]

I had a bad acupuncture treatment in a spa last December and the practitioner ignored my repeated complaints that one needle placement was really uncomfortable. (I frequently have acupuncture treatments so know what to expect.) I wound up in a fair bit of pain and had nerve issues in that wrist for at least 3 months. I wrote to the cruiseline and they actually sent me $100 OBC - which was more than I expected. That wasn't close to the cost of the treatment and I only complained because the nerve issues went on for weeks and weeks. My goal was for them to communicate with the acupuncturist that they need to listen to their patients when they say something hurts. 

[Flatbush Flyer]

8 minutes ago, california and cruising said:

…If that is the case about them not having to take responsibility for anything onboard or due to their contractors, then it is a no brainer to not use any of their contractors in the future.

It certainly is the case. Read your cruise-line’s  T&Cs. 
Book “their” air or excursions? Have a problem   like a contractor issue that causes you to miss a ship departure? That “promise” you thought you had (e.g., “the ship will wait”) is not a guarantee. And although the cruise line will certainly help with arrangements to “make things right,” they are in no obligation to do so.

As for “don’t use them,” read the T&Cs of other travel related businesses for which you’ve signed a “release” or purchased a ticket  (with a ton of fine print on it). You’ll find exactly the same liability protection for the service provider - but not for you.

 

[california and cruising]

7 minutes ago, Flatbush Flyer said:

It certainly is the case. Read your cruise-line’s  T&Cs. 
Book “their” air or excursions? Have a problem   like a contractor issue that causes you to miss a ship departure? That “promise” you thought you had (e.g., “the ship will wait”) is not a guarantee. And although the cruise line will certainly help with arrangements to “make things right,” they are in no obligation to do so.

As for “don’t use them,” read the T&Cs of other travel related businesses for which you’ve signed a “release” or purchased a ticket  (with a ton of fine print on it). You’ll find exactly the same liability protection for the service provider - but not for you.

 

Good to know. 

[california and cruising]

23 minutes ago, mrgabriel said:

I had a bad acupuncture treatment in a spa last December and the practitioner ignored my repeated complaints that one needle placement was really uncomfortable. (I frequently have acupuncture treatments so know what to expect.) I wound up in a fair bit of pain and had nerve issues in that wrist for at least 3 months. I wrote to the cruiseline and they actually sent me $100 OBC - which was more than I expected. That wasn't close to the cost of the treatment and I only complained because the nerve issues went on for weeks and weeks. My goal was for them to communicate with the acupuncturist that they need to listen to their patients when they say something hurts. 

Oh wow. So sorry that you had to go through that.

[jsn55]

This must have been really annoying.  But the time to deal with it was while you were on the ship.  I'm sure your goal is not to generate compensation but to alert the ship that they need to be more pro-active with the people who actually work on the pax, contracted or not.  I can't see a cruiseline doing much  more than the token FOBC.  Did you submit a copy of the medical report from the injury?  

[lenquixote66]

11 hours ago, california and cruising said:

Small injury on the ship. This was due to an employees negligence.  They sent my husband to medic. But, he was in discomfort three days out of four on the cruise (only a 4 day cruise) and then 2 more days on return. I called and their offer is a future onboard credit of 200pp.  We are not sure we want to actually sail again within the year.

Does this seem fair or is this normal protocol?

 

 

My wife had an accident in the ships fitness center due to equipment not functioning properly.She fell on her face ,sustained injuries and was taken by crew members to the medical facility.

They charged us $750,00 for treatment.When I complained they offered a compensation of chocolate covered strawberries.I told them what they could do with the berries and later that day they decided not to bill us.

[california and cruising]

12 minutes ago, lenquixote66 said:

My wife had an accident in the ships fitness center due to equipment not functioning properly.She fell on her face ,sustained injuries and was taken by crew members to the medical facility.

They charged us $750,00 for treatment.When I complained they offered a compensation of chocolate covered strawberries.I told them what they could do with the berries and later that day they decided not to bill us.

That's awful. What a way to enjoy a cruise. I can't believe they charged you, crazy.

[california and cruising]

49 minutes ago, jsn55 said:

This must have been really annoying.  But the time to deal with it was while you were on the ship.  I'm sure your goal is not to generate compensation but to alert the ship that they need to be more pro-active with the people who actually work on the pax, contracted or not.  I can't see a cruiseline doing much  more than the token FOBC.  Did you submit a copy of the medical report from the injury?  

It was very annoying. You are absolutely correct. I wanted to make sure in the future for all passengers that the people they are hiring are professionals and know their job. 
Yes, a medical report was submitted and they are aware of the injury.
I did speak to the manager of the spa and all she could say is that she is so sorry that this happened. I kept saying is that I want to make sure that whoever is hired is actually a trained professional.

[lenquixote66]

4 minutes ago, california and cruising said:

That's awful. What a way to enjoy a cruise. I can't believe they charged you, crazy.

It was a cruise to celebrate an anniversary .

[california and cruising]

Just now, lenquixote66 said:

It was a cruise to celebrate an anniversary .

That's just terrible. 

[mnocket]

Not saying this is the case here, but I find some people are quick to label accidents as negligence.  Even skilled, diligent practitioners can have accidents. Not every accident is the result of negligence.

[mom says]

I'm pretty sure the OBC offer was simply their way of dealing with a nuisance complaint. As was pointed out, the manicurist was a Spa employee, not a ship employee, and therefore your complaint was with the spa, not the cruise line. You, like many others, did not bother to read and understand the T&Cs of both your cruise contract and the release that was signed at the spa before the appointment. $200 OBC   for a boo boo on the finger seems generous. Not all accidents are due to negligence.

 

On my last cruise I had an overly enthusiastic masseuse actually bruise a muscle on my back, leaving it sore and discolored for a week. It didn't even occur to me to demand payment for pain and suffering. And no, it doesn't mean I'll never have a massage onboard a ship ever again.

Edited May 9, 2023 by mom says

[california and cruising]

2 hours ago, mnocket said:

Not saying this is the case here, but I find some people are quick to label accidents as negligence.  Even skilled, diligent practitioners can have accidents. Not every accident is the result of negligence.

 

2 hours ago, mom says said:

I'm pretty sure the OBC offer was simply their way of dealing with a nuisance complaint. As was pointed out, the manicurist was a Spa employee, not a ship employee, and therefore your complaint was with the spa, not the cruise line. You, like many others, did not bother to read and understand the T&Cs of both your cruise contract and the release that was signed at the spa before the appointment. $200 OBC   for a boo boo on the finger seems generous. Not all accidents are due to negligence.

 

On my last cruise I had an overly enthusiastic masseuse actually bruise a muscle on my back, leaving it sore and discolored for a week. It didn't even occur to me to demand payment for pain and suffering. And no, it doesn't mean I'll never have a massage onboard a ship ever again.

 

2 hours ago, mnocket said:

Not saying this is the case here, but I find some people are quick to label accidents as negligence.  Even skilled, diligent practitioners can have accidents. Not every accident is the result of negligence.

 

[LHT28]

You could  ask for the  $200  as  a refund  as you are not planning to cruise  within the time limit

Or just  forget the  FCC 

You will spend more  trying to use the unwanted FCC

JMO

[california and cruising]

It is hard when someone is not there. 

I am sorry I asked a simple question. This has never happened in the states with a manicure that was 1/4 less in price. When a person goes on a ship I feel that someone should be skilled at their position.

I have a friend that from a simple so called boo boo ended up with sepsis. 

 

 

 

[ldubs]

35 minutes ago, LHT28 said:

You could  ask for the  $200  as  a refund  as you are not planning to cruise  within the time limit

Or just  forget the  FCC 

You will spend more  trying to use the unwanted FCC

JMO

 

35 minutes ago, california and cruising said:

It is hard when someone is not there. 

I am sorry I asked a simple question. This has never happened in the states with a manicure that was 1/4 less in price. When a person goes on a ship I feel that someone should be skilled at their position.

I have a friend that from a simple so called boo boo ended up with sepsis. 

 

 

Taking a hunk of finger off with nail clippers sounds pretty negligent to me.   Based on what you say, I think the $200/person is fair, though it wouldn't hurt to ask for more if that is what you want.   I like @LHT28's suggestion to ask for a refund instead of a credit.