Injured on Cruise Ship?

[momdabomb]

I just returned yesterday from a week on the Carnival Splendor. On Monday night (first elegant night), I slipped on water on the floor walking into the dining room. I ended up spraining my ankle pretty badly (ended up on crutches). I am very upset about what happened as well as how I was treated by the staff after the fall (dining room staff left me laying on the ground, stepped around me, and continued business as usual).

 

Has anyone gotten hurt on a ship due to negligence? What, if anything, was done for you? In addition to being injured, I feel that I was treated badly by the staff and NEED to start writing letters, but don't know where to start. Any ideas?

[Ken076]

There are a ton of cruiseline personal injury attorneys in the Miami area that you could look up. ken

[LemurCat]

I just returned yesterday from a week on the Carnival Splendor. On Monday night (first elegant night), I slipped on water on the floor walking into the dining room. I ended up spraining my ankle pretty badly (ended up on crutches). I am very upset about what happened as well as how I was treated by the staff after the fall (dining room staff left me laying on the ground, stepped around me, and continued business as usual).

 

Has anyone gotten hurt on a ship due to negligence? What, if anything, was done for you? In addition to being injured, I feel that I was treated badly by the staff and NEED to start writing letters, but don't know where to start. Any ideas?

 

Start with the CEO and send your letter registered mail.

[OhioJeff]

Sorry about your injury. What was the response from the Pursers desk?

[jeshghn]

Wow, sorry to hear about your ankle! Not fun to be on crutches on a cruise ship. I have heard and experience mixed things around staff responses to injuries, some similar to your own which is shocking.

One rainy day at sea a young boy fell on the basketball court (rain had stopped but court still wet), he knocked out a tooth. After several calls to security for medical assistance, fellow passengers gave up and took him themselves to the medical bay.

One time I had a man fall on me in the dining room, knocking me in my face. I was fine, just a little shaken up. I had 5 staff coming to my table checking on me and getting me ice. I thought it was nice. Funny thing was that everyone was telling me that I should receive a free bottle of wine or something, but no such luck. Didn't bother me cause its not carnival's fault in this case that a fellow passenger got drunk.

[momdabomb]

Sorry about your injury. What was the response from the Pursers desk?

 

Their response was pretty much too bad for you!! They suggested that I speak to the F&B manager, which I did. This was mainly because of how the staff left me there and continued about their business. They had apparently gone to get the Maitre D for help, but nobody told me this. They just walked away. Passengers were walking right through the water (that I ended up cleaning up so nobody else would slip) and stepping over and around me. I spoke to the Maitre D that night and told him what happened. He looked at me and said "I don't believe my staff would do that".....in other words he called me a liar. The F&B manager did apologize but said there was nothing he could do to help me out.

[momdabomb]

There are a ton of cruiseline personal injury attorneys in the Miami area that you could look up. ken

 

Interesting.....I assumed that since it was in international waters, internationally registered ship, there wasn't much I could do about an attorney.

[afcj1]

I found a piece of a plate in my soup on the Destiny and everyone came up to me, making sure that I was OK. Thankfully, I didn't bite down or swallow it.

 

I'd think that if someone was injured, they'd be all over it. I hope you received an accident report and have it well documented. Minimally, you should be reimbured for after care and then some.

[Traveler353]

Sorry for your accident. Did you go to the ships infirmary and report the injury? If you did not start a paper trail while on board it will be your word against theirs. Good luck, I am sure that you will have no trouble finding a lawyer willing to assist you.

[OhioJeff]

Interesting.....I assumed that since it was in international waters, internationally registered ship, there wasn't much I could do about an attorney.

 

http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx?icid=CC_Footer_84

 

12. JURISDICTION, VENUE, ARBITRATION AND TIME LIMITS FOR CLAIMS

 

(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.

(b) Carnival shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carnival within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising

© Except as provided in Clause 12 (d) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.

(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures which are deemed to be incorporated herein by reference. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: American Arbitration Association, Bank of America Tower,100 Southeast 2nd Street, Ste. 2300, Miami, FL 33131 (305) 358-7777.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARNIVAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carnival and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 12 © above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.

[iluvdoxies]

I slipped once on the Lido deck and 3 officers came to pick me up---they were very nice.

Thankfully, only thing hurt was my pride.

 

Sorry about your fall.

[rlthomas7]

My limited understanding of personal injury law is that the minute someone says "I'm sorry" they've taken responsibility and are liable. Probably why the management didn't say it... yet.

[Ken076]

Interesting.....I assumed that since it was in international waters, internationally registered ship, there wasn't much I could do about an attorney.

 

Absolutely not true. In many cases, the staff would have sent you to the infirmary and not charged you, or would at least have met with you. These days, any admission of sorrow, responsibility, etc., is twisted to an admission of guilt/responsibility which is why they seem to "ignore" you in these situations.If you're REALLY interested in pursuing this, Google variations of Cruise line Personal injury attorney and such. They will consult with you for free, explain the whole International Waters thing and the Carnival Cruise contract;if there's $$$ in it (for them) will represent you; if not, they'll quickly tell you. Hopefully you have some cell phone photos, fellow-cruisers to corrobrate, an statement/bill from infirmary (since you say you were on crutches), etc. The other path is a letter writing campaign to CEO, Guest Relations, Manager Customer Service, etc., in hopes of future cruise credit or such (this is the more likely path!). Ken

[gtalum]

Interesting.....I assumed that since it was in international waters, internationally registered ship, there wasn't much I could do about an attorney.

 

Carnival does business in the US and as such they can be sued in the US, even for an event that happens outside the US.

[gtalum]

http://www.carnival.com/CMS/Static_Templates/ticket_contract.aspx?icid=CC_Footer_84

 

12. JURISDICTION, VENUE, ARBITRATION AND TIME LIMITS FOR CLAIMS

 

(a) Carnival shall not be liable for any claims whatsoever for personal injury, illness or death of the guest, unless full particulars in writing are given to Carnival within 185 days after the date of the injury, event, illness or death giving rise to the claim. Suit to recover on any such claim shall not be maintainable unless filed within one year after the date of the injury, event, illness or death, and unless served on Carnival within 120 days after filing. Guest expressly waives all other potentially applicable state or federal limitations periods.

(b) Carnival shall not be liable for any claims whatsoever, other than for personal injury, illness or death of the Guest, unless full particulars in writing are given to Carnival within 30 days after the Guest is landed from the Vessel or in the case the Voyage is abandoned, within 30 days thereafter. Legal proceedings to recover on any claim whatsoever other than for personal injury, illness or death shall not be maintainable unless commenced within six months after the date Guest is landed from the Vessel or in the case the Voyage is abandoned, within six months thereafter, and unless served upon Carnival within 120 days after commencement. Guest expressly waives all other potentially applicable state or federal limitation periods for claims which include, but are not limited to, allegations concerning any and all civil rights, the ADA, trade practices and/or advertising

© Except as provided in Clause 12 (d) below, it is agreed by and between the Guest and Carnival that all disputes and matters whatsoever arising under, in connection with or incident to this Contract or the Guest’s cruise, including travel to and from the vessel, shall be litigated, if at all, before the United States District Court for the Southern District of Florida in Miami, or as to those lawsuits to which the Federal Courts of the United States lack subject matter jurisdiction, before a court located in Miami-Dade County, Florida, U.S.A. to the exclusion of the Courts of any other county, state or country.

(d) Any and all disputes, claims, or controversies whatsoever, other than for personal injury, illness or death of a Guest, whether brought in personam or in rem or based on contract, tort, statutory, constitutional or other legal rights, including but not limited to alleged violation of civil rights, discrimination, consumer or privacy laws, or for any losses, damages or expenses, relating to or in any way arising out of or connected with this Contract or Guest’s cruise, no matter how described, pleaded or styled, between the Guest and Carnival, with the sole exception of claims brought and litigated in small claims court, shall be referred to and resolved exclusively by binding arbitration pursuant to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York 1958), 21 U.S.T. 2517, 330 U.N.T.S. 3, 1970 U.S.T. LEXIS 115, 9 U.S.C. §§ 202-208 (“the Convention”) and the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq., (“FAA”) solely in Miami-Dade County, Florida, U.S.A. to the exclusion of any other forum. Guest hereby consents to jurisdiction and waives any venue or other objection that may be available to any such arbitration proceeding in Miami-Dade, Florida. The arbitration shall be administered by the American Arbitration Association under its Commercial Dispute Resolution Rules and Procedures which are deemed to be incorporated herein by reference. If you have a question about the arbitration administrators mentioned above, you can contact them as follows: American Arbitration Association, Bank of America Tower,100 Southeast 2nd Street, Ste. 2300, Miami, FL 33131 (305) 358-7777.

NEITHER PARTY WILL HAVE THE RIGHT TO A JURY TRIAL OR TO ENGAGE IN PRE-ARBITRATION DISCOVERY EXCEPT AS PROVIDED IN THE APPLICABLE ARBITRATION RULES AND HEREIN, OR OTHERWISE TO LITIGATE THE CLAIM IN ANY COURT (OTHER THAN SMALL CLAIMS COURT). THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT GUEST OR CARNIVAL WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. An award rendered by an arbitrator may be entered in any court having jurisdiction under the Convention or FAA. Carnival and Guest further agree to permit the taking of a deposition under oath of the Guest asserting the claim, or for whose benefit the claim is asserted, in any such arbitration. In the event this provision is deemed unenforceable by an arbitrator or court of competent jurisdiction for any reason, then and only then the provisions of Clause 12 © above governing venue and jurisdiction shall exclusively apply to any lawsuit involving claims described in this Clause.

 

In cases of negligence those disclaimers are meaningless. You cannot disclaim negligence in the US.

[Lizzzys]

Are we not responsible AT ALL any longer, for looking out for ourselves to some degree?? Come ON!! There was some water spilled on the floor!! And you slipped! Have you never slipped on your kitchen or bathroom floor? What about a slippery walkway? It is unfortunate and I am sorry you got hurt, but to look at it as a cash cow is just completely representative of our overly litigious society of today. This is why our insurance premiums have skyrocketed. If you were well enough to get back up and clean up the spill yourself, I'm not surprised that the staff carried on with their business. It likely didn't look like you were seriously injured if your main concern was cleaning up the mess and not complaining about your injury. I'm sorry that the staff didn't stop what they were doing to check on your well-being, (that is unfortunate) but what do you want out of this? At some point I think we need to take some responsibility for not watching what we are doing! It was an ACCIDENT!!!

[boaterette]

Sorry you were injured but for all you know someone could have just spilt that water before you fell. Trying to prove that the ship had notice that the water was there is going to be near impossible. And without that proof negligence is going to be non exsistant. Accidents happen all the time. Always be aware of your surroundings especially when walking on a ship.

[waldocruiser1]

Sorry you were injured but for all you know someone could have just spilt that water before you fell. Trying to prove that the ship had notice that the water was there is going to be near impossible. And without that proof negligence is going to be non exsistant. Accidents happen all the time. Always be aware of your surroundings especially when walking on a ship.

 

So, You have never said, were you charged for the treatment on the ship?

[rlthomas7]

Are we not responsible AT ALL any longer, for looking out for ourselves to some degree?? Come ON!! There was some water spilled on the floor!! And you slipped! Have you never slipped on your kitchen or bathroom floor? What about a slippery walkway? It is unfortunate and I am sorry you got hurt, but to look at it as a cash cow is just completely representative of our overly litigious society of today. This is why our insurance premiums have skyrocketed. If you were well enough to get back up and clean up the spill yourself, I'm not surprised that the staff carried on with their business. It likely didn't look like you were seriously injured if your main concern was cleaning up the mess and not complaining about your injury. I'm sorry that the staff didn't stop what they were doing to check on your well-being, (that is unfortunate) but what do you want out of this? At some point I think we need to take some responsibility for not watching what we are doing! It was an ACCIDENT!!!

 

I never got the impression that the OP was wanting a large settlement from a personal injury lawsuit. I got the impression that she was seeking an apology from management about how not one staff person seemed concerned while she was lying on the ground.

[tulsacubfan]

My limited understanding of personal injury law is that the minute someone says "I'm sorry" they've taken responsibility and are liable. Probably why the management didn't say it... yet.

 

Wrong. Telling someone you are sorry they were injured in no way means you are accepting liability.

[mickeyd13]

Are we not responsible AT ALL any longer, for looking out for ourselves to some degree?? Come ON!! There was some water spilled on the floor!! And you slipped! Have you never slipped on your kitchen or bathroom floor? What about a slippery walkway? It is unfortunate and I am sorry you got hurt, but to look at it as a cash cow is just completely representative of our overly litigious society of today. This is why our insurance premiums have skyrocketed. If you were well enough to get back up and clean up the spill yourself, I'm not surprised that the staff carried on with their business. It likely didn't look like you were seriously injured if your main concern was cleaning up the mess and not complaining about your injury. I'm sorry that the staff didn't stop what they were doing to check on your well-being, (that is unfortunate) but what do you want out of this? At some point I think we need to take some responsibility for not watching what we are doing! It was an ACCIDENT!!!

 

Well said!!!

[June Bug]

She broke her tailbone....it was wet on the deck and her flipflops made it slippery for her...we took her to the infirmary to be sure nothing else was wrong and they verified that her tail bone was probably broken...they gave us forms to fill out, but we didn't pursue it....accidents happen out by the pool...but it appeared they were willing to take care of us with no problems. So I'm very shocked at the problems you encountered...you should have gone to see the ships doctor if you didn't...then maybe your response may have been different?

[momdabomb]

Are we not responsible AT ALL any longer, for looking out for ourselves to some degree?? Come ON!! There was some water spilled on the floor!! And you slipped! Have you never slipped on your kitchen or bathroom floor? What about a slippery walkway? It is unfortunate and I am sorry you got hurt, but to look at it as a cash cow is just completely representative of our overly litigious society of today. This is why our insurance premiums have skyrocketed. If you were well enough to get back up and clean up the spill yourself, I'm not surprised that the staff carried on with their business. It likely didn't look like you were seriously injured if your main concern was cleaning up the mess and not complaining about your injury. I'm sorry that the staff didn't stop what they were doing to check on your well-being, (that is unfortunate) but what do you want out of this? At some point I think we need to take some responsibility for not watching what we are doing! It was an ACCIDENT!!!

 

I never said I was well enough to get back up....i was on the ground for 10 minutes until the party I was with helped me into a chair that was nearby. I was also taken to the infirmary in a wheelchair. My ankle was exremely swollen and bruised and I was in a lot of pain. How is this MY fault?? There was a patch of water on the floor that I didn't see until after I was laying on the ground. I did grab a napkin that was on a table next to me and threw it over the water so nobody else would fall....so this means I wasn't injured?

 

What do I want out of this? I want recognition by them that I was hurt due to their negligence. I want an apology for the Maiter D calling me a liar to my face when I explained to him how the dining room staff reacted when I fell. You are wrongly assuming that I'm looking at this as a cash cow.

[momdabomb]

So, You have never said, were you charged for the treatment on the ship?

 

No...I was not charged for the treatment. I was given an ace bandage, Motrin, crutches, and a wheel chair. I filled out an incident report with security while downstairs at the infirmary.

[Traveler353]

I never said I was well enough to get back up....i was on the ground for 10 minutes until the party I was with helped me into a chair that was nearby. I was also taken to the infirmary in a wheelchair. My ankle was exremely swollen and bruised and I was in a lot of pain. How is this MY fault?? There was a patch of water on the floor that I didn't see until after I was laying on the ground. I did grab a napkin that was on a table next to me and threw it over the water so nobody else would fall....so this means I wasn't injured?

 

What do I want out of this? I want recognition by them that I was hurt due to their negligence. I want an apology for the Maiter D calling me a liar to my face when I explained to him how the dining room staff reacted when I fell. You are wrongly assuming that I'm looking at this as a cash cow.

 

Have you contacted Carnival Customer Service? Instead of venting here that might be a good idea. Who knows you might actually get what you say you are looking for.