Aboat1 Posted January 17, 2014 #1 Share Posted January 17, 2014 What do you think? Is a law suit warranted? http://xfinity.comcast.net/video/Womans-Terrifying-Fall-From-Cruise-Ship-Caught-on-Tape/119438915884/Comcast/Today_in_Video/?cid=hero_sf_TIV Link to comment Share on other sites More sharing options...
krisko Posted January 17, 2014 #2 Share Posted January 17, 2014 90 minutes, that's pretty impressive. She was drinking, doubt she'll win. Link to comment Share on other sites More sharing options...
researchfreak90 Posted January 17, 2014 #3 Share Posted January 17, 2014 No, she drank to much, probably climbed on the railing drunk and slipped and fell. I can understand 90 minutes may seem long but consider that first they had to have a report that someone went overboard, confirm when and where they went overboard and then turn that massive ship around and locate a tiny person, in the dark, in the middle of the ocean. 90 minutes sounds pretty quick response to me. This would be warranted say maybe the railing broke and she fell overboard, or maybe there was so type of other equipment failure that caused it, but she drank, obviously climbed up the railing and slipped. Link to comment Share on other sites More sharing options...
bouhunter Posted January 17, 2014 #4 Share Posted January 17, 2014 Get drunk, fall off a ship, they save your life. Sue them. Welcome to the world we live in.:rolleyes: Link to comment Share on other sites More sharing options...
Merion_Mom Posted January 17, 2014 #5 Share Posted January 17, 2014 Shall I respond? Oh, sure, what the heck. I have said it before and I will say it again: You cannot just FALL off a cruise ship. Here is the Cruise Critic article that appeared at the time: http://www.cruisecritic.com/news/news.cfm?ID=5259 Link to comment Share on other sites More sharing options...
reedl Posted January 17, 2014 #6 Share Posted January 17, 2014 Yup. It seems that no matter what happens, the first response by someone is to sue someone with deep pockets. I am surprised that she is not suing for getting wet! Link to comment Share on other sites More sharing options...
krisko Posted January 17, 2014 #7 Share Posted January 17, 2014 Lol! Carnival pushed her to drink by having drink specials. Only in America. Link to comment Share on other sites More sharing options...
impatientlywaiting Posted January 17, 2014 #8 Share Posted January 17, 2014 When I was on the Serenade over Christmas, I decided to check every public railing, as well as - balcony railing, to see if I could fall overboard. NOPE - can't do it UNLESS you climb up onto the railing. The railings are too tall. Her lawsuit will get thrown out of court. Link to comment Share on other sites More sharing options...
Charger2008 Posted January 17, 2014 #9 Share Posted January 17, 2014 I am very sorry she was hurt; HOWEVER, when did people STOP taking personal responsibility for their OWN actions? WOW, just WOW :eek: Link to comment Share on other sites More sharing options...
cjknox Posted January 17, 2014 #10 Share Posted January 17, 2014 This lady is out of her mind and so is her lawyer if they think the courts will side with them. Link to comment Share on other sites More sharing options...
Cindy Posted January 17, 2014 #11 Share Posted January 17, 2014 Ugh...sometimes I think people should have to present "Proof of IQ" along with their passports before they can board a ship. Unless this lady is about 8 feet tall, there is no possible way she just slipped and fell overboard. Link to comment Share on other sites More sharing options...
squadron Posted January 17, 2014 #12 Share Posted January 17, 2014 When I was on the Serenade over Christmas, I decided to check every public railing, as well as - balcony railing, to see if I could fall overboard. NOPE - can't do it UNLESS you climb up onto the railing. The railings are too tall. Her lawsuit will get thrown out of court. I would hope so! It's called taking responsibility for your actions and not thinking it is everyone else's fault when something goes wrong. Link to comment Share on other sites More sharing options...
voyager70 Posted January 17, 2014 #13 Share Posted January 17, 2014 Wow. No personal responsibility. Surprised the media hasn't made more of this ridiculous case, given how they love to bash the cruise industry. Link to comment Share on other sites More sharing options...
grandgeezer Posted January 17, 2014 #14 Share Posted January 17, 2014 If they sue, they're probably looking for a settlement, which they probably get. There are a lot of nuciance law suits filed hoping the company sued will pay off rather than going through the cost and time of a trial. I don't think anybody is 100% guilt free no matter what the circumstances. It's not right, but that's the way our court views things. Link to comment Share on other sites More sharing options...
mistshar Posted January 17, 2014 #15 Share Posted January 17, 2014 (edited) i just saw a report about it on Inside Edition and on there she said she leaned over the rail to look at the ship and just fell. If that is true, I think she probably leaned way over. She would have had to. I think she should be very appreciative that they were able to find her when they returned to look for her. That in itself is a miracle. Edited January 17, 2014 by mistshar Link to comment Share on other sites More sharing options...
tlatrice Posted January 17, 2014 #16 Share Posted January 17, 2014 (edited) From the article: "As she was holding on to the balcony's wooden banister, the plaintiff lost her grip and balance, slipped off the ground and fell overboard into the ocean." Once the ship did turn around and rescue Kirby from the water, she claims ship doctors refused to treat her injuries (including multiple broken bones, lung contusions and blood clots), giving her only pain medication. Additionally, she claims Carnival refused to airlift her to a hospital in Miami, instead diverting the ship to Key West. Kirby further accused Carnival of getting her drunk by "pushing" Long Island iced-teas on her and encouraging her to drink more by giving her free $5 casino coupons each time she purchased more drinks. 1. How in the hell do you 'slip OFF the ground'??? 2. The infirmary is not an ER. They probably aren't equipped to handle something like that. 3. It's not like the ship has a helicopter on board. She probably got there faster by diverting than it would have been to call in a helicopter, wait for it to arrive and then make the trip to Miami. And why was it so critical that she be taken to Miami? If you have SEVERAL broken bones, I would think that you would want the closest hospital available. Some people... Edited January 17, 2014 by tlatrice Link to comment Share on other sites More sharing options...
fishtaco Posted January 17, 2014 #17 Share Posted January 17, 2014 Yup. It seems that no matter what happens, the first response by someone is to sue someone with deep pockets. I am surprised that she is not suing for getting wet! No! "The first response" by the captain was not to stop and rescue but to conduct a search and question witnesses even though there were many independent witnesses to the actual man overboard:confused: What is really being challenged is the ships Man overboard protocol and weather rescue was delayed because of protocol. Forget she was drunk, they only knew that after the man overboard rescue. If she was pushed or thrown overboard then she would have been victim not a silly drunk or a person trying to commit suicide! Link to comment Share on other sites More sharing options...
Sherlock43031 Posted January 18, 2014 #18 Share Posted January 18, 2014 (edited) the cruise company (their insurance) will settle they won't take the chance of going to court. right or wrong that is what will happen. unlimited drink package, free drinks to keep gambling, evidently bartenders kept serving her after she was hammered. they will settle and she will never be allowed to tell how much she got. Edited January 18, 2014 by Sherlock43031 Link to comment Share on other sites More sharing options...
Arizona Cruz Chic Posted January 18, 2014 #19 Share Posted January 18, 2014 Shall I respond? Oh, sure, what the heck. I have said it before and I will say it again: You cannot just FALL off a cruise ship. Here is the Cruise Critic article that appeared at the time: http://www.cruisecritic.com/news/news.cfm?ID=5259 Agree...agree...agree....you just don't fall off a cruise ship! Period! *** Link to comment Share on other sites More sharing options...
destron Posted January 18, 2014 #20 Share Posted January 18, 2014 I'm going to sue Chevrolet for allowing my car to get in an accident that i caused and then im going to sue them for not coming to pick me up afterwards.. :confused: Link to comment Share on other sites More sharing options...
Corby114 Posted January 18, 2014 #21 Share Posted January 18, 2014 She was very lucky to survive the fall and not get sucked under the ship which would have most likely caused her to either drown or be crushed to death. If she has proof that the bartenders were still serving her if she was visibly intoxicated then she may have a case. Otherwise she doesn't have a chance unless Carnival is looking for the bad publicity to go away by settling with her. Link to comment Share on other sites More sharing options...
fam2cruise Posted January 18, 2014 #22 Share Posted January 18, 2014 Sadly she will probably win or at least settle for a large amount of money even though she was entirely responsible for what happened. The other cruisers should sue her for emotional distress and ruining their cruises. Not really...that was sarcasm, but I won't be surprised if that happens as well. Yep, 'murica! Sent using the Cruise Critic forums app Link to comment Share on other sites More sharing options...
petel Posted January 18, 2014 #23 Share Posted January 18, 2014 Shall I respond? Oh, sure, what the heck. I have said it before and I will say it again: You cannot just FALL off a cruise ship. Here is the Cruise Critic article that appeared at the time: http://www.cruisecritic.com/news/news.cfm?ID=5259 Shall I respond? Ditto! Link to comment Share on other sites More sharing options...
Alyrica Posted January 18, 2014 #24 Share Posted January 18, 2014 I'm going to sue Chevrolet for allowing my car to get in an accident that i caused and then im going to sue them for not coming to pick me up afterwards.. :confused: Lol... That reminds me of an article I read regarding ridiculous lawsuits where the claimants won. I can't remember what type of vehicle it was but I'm thinking Winnebago. Anyway the driver thought that cruise control meant they didn't have to actually drive the vehicle so they went into the back to hang out for a bit. Of course they wrecked. Sued the company and won. This ridiculous Carnival lawsuit reminds me of the family that tried to sue McDonalds because their child was obese. Even though that lawsuit was thrown out so many aren't and until lawsuits stop being profitable for the lazy, ethically challenged and the over entitled, this will continue to happen. Such a shame. Link to comment Share on other sites More sharing options...
ace1zoe2 Posted January 18, 2014 #25 Share Posted January 18, 2014 As I tell everyone who asks... there is no way humanly possible to "fall overboard" unless you are 8 foot tall. I am normal height for a woman, 5' 5" tall and the balcony rails hit me at my underarms. No way I'm going overboard unless I am sitting on a rail, or climb up on a chair or table... Just for reference: Sent from my iPad using Tapatalk HD Link to comment Share on other sites More sharing options...
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