Does Carnival pay the medical bills when the ship lists??

[CalmCruiserNC]

Hi, Everyone!

 

Just curious ... when the captain decides to make a sharp turn and as a direct result passengers end up in the infirmary, does Carnival cover the bill for the visit to the infirmary and the costs of treatment -- or is the passenger responsible even when the event is the responsibility of the cruiseline?

 

We ALWAYS get the insurance, so I'm sure we'd be covered -- but what about passengers who didn't take the insurance?

[golfadj]

Interesting question. I would think the cruiseline would be responsible but not sure.

[Kurbanfan]

The cruiselines should be responsible........but I'm sure after this they will change their policy:D

[RoadTripFanatic]

I would assume that Carnival would pay for the medical bills. It's like when a company pays for your medical bills when you slip on their wet floors when there is no sign.

[NutsAboutGolf]

I'm sure it's all in the fine print... :)

[Kurbanfan]

i'm sure it's all in the fine print... :)

 

roflmao!!!!!!!!!!

[MrCo9]

11. LIMITATIONS OF CARNIVAL’S LIABILITY

 

(d) Carnival shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carnival.

 

 

Keywords: "intentionally inflicted by Carnival."

[TexasTodds]

11. LIMITATIONS OF CARNIVAL’S LIABILITY

 

(d) Carnival shall not be liable to the passenger for damages for emotional distress, mental suffering/anguish or psychological injury of any kind under any circumstances, except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury, or having been at risk of actual physical injury, or when such damages are held to be intentionally inflicted by Carnival.

 

 

Keywords: "intentionally inflicted by Carnival."

 

That addresses the psychological issues, but what about just the physical injuries, like if you just wanted to be reimbursed to your injuries, and weren't claiming any sort of mental distress?

[Ken076]

Hi, Everyone!

 

Just curious ... when the captain decides to make a sharp turn and as a direct result passengers end up in the infirmary, does Carnival cover the bill for the visit to the infirmary and the costs of treatment -- or is the passenger responsible even when the event is the responsibility of the cruiseline?

 

We ALWAYS get the insurance, so I'm sure we'd be covered -- but what about passengers who didn't take the insurance?

 

I suspect Carnival is technically not liable as there was probably no negligence on Carnival's part; however, in similar situations there has not been a charge on the Cruiser's S&S Accounts for the related Infirmary visit. It will be interesting to see if this is the case. ken

[gtalum]

I would be surprised if Carnival didn't voluntarily cover all medical costs related to this incident. They'll probably be sued anyway.

[Kurbanfan]

I would be surprised if Carnival didn't voluntarily cover all medical costs related to this incident. They'll probably be sued anyway.

 

They would be stupid if they didn't.......but then again.......

[golfadj]

Do you also get a free cruise?

[douglinc@msn.com]

My money is on Carnival not charging any of the passengers for medical services.

 

Doug

[Sarah@Sea]

That addresses the psychological issues, but what about just the physical injuries, like if you just wanted to be reimbursed to your injuries, and weren't claiming any sort of mental distress?

 

"except when such damages were caused by the negligence of Carnival and resulted from the same passenger sustaining actual physical injury,"

 

It states they are not responsible for damages unless those damages caused physical injury or had the potential.

[SlmGT]

The captain intentionally listing means it is intentionally inflicted by Carnival, so there ought to be no cost to guests.

[songbird1329]

Gotta love the amateur lawyers here.

 

Your contract with Carnival is governed by the laws of the State of Florida.

 

Except as limited by the terms of the contract, Carnival is liabile for any physical or emotional injury sustained by a passenger by reason of Carnival's negligence. The provision quoted above purposrts to limit Carnival's liability for emotional distress in the absense of a physical injury. Not having practiced law in florida, I don't know if that limitation is enforceable under florida law.

 

but I can tell you this: "intentional infliction of emotional distress" is a term of art -- an intentional act on the part of the captain (turning the ship) is NOT "intentinal infliction of emotional distress". that term usually implies intentionally egregious conduct, such as telling someone that their spouse has died when you know that the spouse is alive and well.

 

I don't know what insurance coverage Carnival may have, but ...the standard Commercial General Liability policy contains a provision that allows a business to pay person's medical expenses if they are injured at the business premises, regardless of fault. In other words, if I slip and fall at the supermarket and wind up in the ER, the supermarket's insurance company will pay my ER bill even if it's later proved the supermarket didn't do anything to cause my fall. However, if I want damages for pain and suffering, i'd have to prove that the supermarket was negligent and caused me to fall.

 

It's sound business policy to pay medical expenses under those circumstances. for minor injuries it frequently prevents a suit from being pursued. I'd hazard a guess that, regardless of its insurance coverage, Carnival will pay the medical expenses of anyone who got hurt because of the Ecstasy's encounter with the buoy.

 

as for other damages....it doesn't sound to me that the captain was negligent, or that he intentionally caused harm to the passengers...in fact, turning to avoid the bouy was reasonable and necessary. my educated guess (and it's just a guess, I don't know all the facts) is that the passengers who were injured are not likely to be able to succeed if they bring a claim for pain and suffering.

[poundcake09]

I would assume that Carnival would pay for the medical bills. It's like when a company pays for your medical bills when you slip on their wet floors when there is no sign.

I would'nt bet the farm on that one. There was a post on here once (a couple of months back) where a passenger slipped on Carnival stairwell and busted up his knee. Well he said that he was taken to the infirmary and later charged for the meds he was given and the crutches. From what he stated there was'nt a floor wet sign out either. Crew members would'nt touch him they walk around him. But got the ships doctors..

[poundcake09]

Do you also get a free cruise?

Yeah rightttt!! :eek:

[purrlinda]

I think I'd have been more distressed emotional and physically if the captain didn't turn suddenly.

 

I'd appreciate it if they took care of my injuries. I probably wouldn't have had a fit if they didn't, however. Anytime I go anywhere, I run the risk of something negative happening.

 

Personal responsibility, people.

[firefly333]

It's sound business policy to pay medical expenses under those circumstances. for minor injuries it frequently prevents a suit from being pursued. I'd hazard a guess that, regardless of its insurance coverage, Carnival will pay the medical expenses of anyone who got hurt because of the Ecstasy's encounter with the buoy.

 

Im betting with you. I think Carnival wouldnt charge people who went to the infirmary to be seen, just to keep people happy so they didnt come back and ask for money.

 

They could see people in the infirmary without admitting negligence.

[Kurbanfan]

I think I'd have been more distressed emotional and physically if the captain didn't turn suddenly.

 

I'd appreciate it if they took care of my injuries. I probably wouldn't have had a fit if they didn't, however. Anytime I go anywhere, I run the risk of something negative happening.

 

Personal responsibility, people.

 

 

:confused:

[Kurbanfan]

Im betting with you. I think Carnival wouldnt charge people who went to the infirmary to be seen, just to keep people happy so they didnt come back and ask for money.

 

They could see people in the infirmary without admitting negligence.

 

Not to mention it is all over the news:D

[BND]

I love how in protecting the ship and the passengers all some can think about is who's going to "pay". Listing a little is a heck of a lot better than tearing a hole in the hull or damaging the propulsion system to the point where the ship couldn't move. Cruise insurance and personal medical insurance are what everyone really needs. Carnival wasn't responsible except for trying to protect everyone. Carnival isn't "negligent" as they didn't do anything wrong. In fact, they did it right in terms of protecting their assets and the cruisers onboard. BTW, when Carnival pays out, WE ALL PAY in the long run.

[Kurbanfan]

I love how in protecting the ship and the passengers all some can think about is who's going to "pay". Listing a little is a heck of a lot better than tearing a hole in the hull or damaging the propulsion system to the point where the ship couldn't move. Cruise insurance and personal medical insurance are what everyone really needs. Carnival wasn't responsible except for trying to protect everyone. Carnival isn't "negligent" as they didn't do anything wrong. In fact, they did it right in terms of protecting their assets and the cruisers onboard. BTW, when Carnival pays out, WE ALL PAY in the long run.

 

Oh puleeze......nobody is saying that listing would be worse then tearing a whole in the ship if indeed that would have even happened.......

Carnival is responsible for proteting and taking care of injured passengers on their ship in the event of a ship accident.........their covered.......

[BC Todd]

Law 101

 

A "tort of negligence" requires...

 

1) A duty is owed by the defendant to the plaintiff

 

2) That duty was breached due to the negligence of the plaintiff

 

3) The plaintiff suffered damage as a proximate cause of the defendant's negligence

 

There is no way any judge would rule that Carnival is negligent given the facts we know... They avoided collision to save the venture. Now, maritime law does have unique provisions that may influence the international courts... I am just saying...:)