My mother (84 yrs. old) slipped and fell on spaghetti tomato paste on Carnival Magic

[Sherry.Pan]

On May 1st, around 9:00 pm, while my mother (84 yrs. old) was looking for some fruits at the lido marketplaces, she suddenly slipped and fell on spaghetti tomato paste someone poured on the floor. A gentlemen told me that the paste was there for a while and no one cleaned it up. My mother was in a great panic and pain. A ship manager in a white uniform managed a wheelchair took my mother to the ship medical center immediately. Her finger, knee and hip got injured as she could notice. But she was unable to remember how she fell and anywhere else got hurt. A ship doctor was not nice, repeatedly emphasized "no bone broken". While the second ship doctor stated couple of days late that the x-ray machine was not powerful enough to examine the detail. My mother is still in great pain and her hip wound really scares me (I take photos of the wound daily), and didn't seems getting any better. I'll take my mother to see her doctor tomorrow. I have been in contact with the ship customer service since the accident, but they do not offer much helps. Anybody has any good suggestions?

My motherPhotos.pdf

[goodml]

I'm not sure I really understand it all but I hope she feels better soon. Looks like a nasty bruise. Glad she didn't break anything.

[tallnthensome]

If she slipped on something that was spilled and it was there for a while and nobody cleaned it up call an attorney. If she is injured severely I would sue them. I don't care who Carnival is as they are responsible for their passengers safety just like if your mom fell in a grocery store. Don't feel sorry for Carnival, I feel for your mom. Carnival is responsible ......

[bury me at sea]

Ouch. I hope she has a full and speedy recovery. Injury to an elderly person's hip should be taken seriously and you were right to document it.

[jimbo5544]

On May 1st, around 9:00 pm, while my mother (84 yrs. old) was looking for some fruits at the lido marketplaces, she suddenly slipped and fell on spaghetti tomato paste someone poured on the floor. A gentlemen told me that the paste was there for a while and no one cleaned it up. My mother was in a great panic and pain. A ship manager in a white uniform managed a wheelchair took my mother to the ship medical center immediately. Her finger, knee and hip got injured as she could notice. But she was unable to remember how she fell and anywhere else got hurt. A ship doctor was not nice, repeatedly emphasized "no bone broken". While the second ship doctor stated couple of days late that the x-ray machine was not powerful enough to examine the detail. My mother is still in great pain and her hip wound really scares me (I take photos of the wound daily), and didn't seems getting any better. I'll take my mother to see her doctor tomorrow. I have been in contact with the ship customer service since the accident, but they do not offer much helps. Anybody has any good suggestions?

 

First things first, get your mother attended to, you have documentation and the rest will be taken care once the medical issue is resolved.

 

 

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[meatloafsfan]

I'm sorry to hear about your mother's accident. Hope she heals soon and all is well with her.

 

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[VASOXFANN]

Ouch! :eek:

 

Hope she has trip insurance and feels better soon!

[1cruisingal]

I'm sorry to hear of your mother's fall. I hope she feels better very soon.

[wannagonow123]

First off, I am really sorry your mother got injured, and I hope she feels better. Just a few questions for you...

 

Did they charge you guys for the infirmary visit?

Did you get any names of the crew members that assisted, or knew about the slip?

Was it reported to Guest Services?

 

Your next step should be to send a "receipt Requested" letter to Carnival Headquarters detailing the events you described, leaving out emotions. ( I know it will be hard to do so) Make sure you include names if you have any, or really detailed descriptions of crewmembers that assisted. There are a lot of people on the ship wearing officer uniforms, and you want to pin-point those that know something about the situation. I would also leave out "someone" telling the sauce had been there a while, unless you have his contact info. "A while" is subjective to each person. Be as detailed as you can.

 

In the last paragraph, ask Carnival where they would like the medical bills sent. If you start with, I'll sue you guys, they are going to dig in and force you guys to go through a bunch off hoops, and draw things out. The reason you want to send US mail with receipt requested, is if you do have to go through legal channels, you will have the green stub showing Carnival got the notification. Since they have to sign for it, chances are it will get to the correct department ASAP, and someone will respond quickly.

 

Be prepared to respond to the question " What can we do t make this right?" I know this whole ordeal has been traumatic for both of you.

[torcruise]

I would take her to a doctor and a lawyer

[lizzyplague]

I'm not sure how much ground a lawyer would cover. You'd have to have definitive proof that the sauce was there and clean up was neglected. One person saying it was there doesn't make it true in the eyes of a courtroom. There would have to be many more people plus photo or video evidence, etc. Time passes, witnesses forget or recall things differently.

 

Also, it looks like it's very deep bruising which takes longer to heal, especially so since your mother is older. I wish her a speedy recovery.

[siestakeys04]

I am so sorry, I'm glad you have some documents I would show her doctor and see what other actions you may need to take.

[happy cruzer]

Read the cruise contract. It says alot about liabilty. Also I don't think Carnival is a US based company? So the previous advice from wannago is very good. Get the medical bills paid and some extra pain and suffereing - threatening to sue, etc. probably will only make a lawyer rich.

 

Best wishes for her.

[Geobugs]

(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 National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.

[Geobugs]

No court for you. Carnival Cruise Lines, Inc. v. Shute upheld the forum clause. 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.

[Donray]

OP do you have pictures of the source on the floor and witness that will testify that a Carnival person was notify of the spill and did nothing for some amount of time. You better have the person or persons that did notify a Carnival employee of the spill.

 

Also unless your mother is severely hurt you will need to pay for a layer. They don't a case on contingence except for some broken bones.

[tawaik]

Awwww. I'm so sorry that happened to your Mom. I hope she gets better soon and that Carnival will do the right by her.

[spleenstomper]

The liability issue is: did they know of the spill and was it not cleaned up?

 

It doesn't matter how long the spill was there if they didn't know about it. So anyone recommending a lawyer might need to caution your comments based on lack of understanding of law.

[AdGuyMG]

Anybody has any good suggestions?

 

I would take her to a doctor and a lawyer

 

These are 2 very good suggestions.

 

A 3rd would be, if you are looking for some kind of monetary relief or resolution from Carnival don't discuss personal medical or pending legal issues on a public internet forum.

 

I hope your mom feels better soon.

[spleenstomper]

By the way, my uninformed opinion is that your mother has a soft tissue injury and those take a long time to heal.

[Thorncroft]

Download their cruise ship lawyer app on your phone and never cruise without it. :D:halo::D

 

https://www.lipcon.com/

 

Seriously, I hope your mom is feeling 100% very soon.

[bakersdozen12]

If she slipped on something that was spilled and it was there for a while and nobody cleaned it up call an attorney. If she is injured severely I would sue them. I don't care who Carnival is as they are responsible for their passengers safety just like if your mom fell in a grocery store. Don't feel sorry for Carnival, I feel for your mom. Carnival is responsible ......

 

 

They would need to prove that Carnival knew about the spill and purposely did not clean it up. Sorry, but it's not worth the time or effort. They won't get anywhere in court.

 

 

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[Havingfun2010]

Loving how many people jump to suing! Was this the ships fault, or was it a guest that spilled a plate, and did not clean it up, or report it? People get injured ever cruise, on every ship. Tripping, falling, sliding, slipping, etc. My neighbor fell on steps. Was it the fault of the cruise line, or the fault of the shoe company of what she was wearing?

 

Did the crew, and doctor provide appropriate services, and do everything they can until time of arrival? Were they negligent in the medical department in any way? If so, they sue the medical team.

 

Sauce, water, or any other liquid on a floor, will cause some slips. Pretty tough to prove negligence for a spill.

 

Hope she gets better soon, and you might want not to be posting private medical pictures on the internet. It's a violation of your mothers rights, and I hope you have a signed consent to post medical pictures, or your mother will have a better chance at suing you, than the cruise line.

[BNBR]

(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 National Arbitration and Mediation (“NAM”) under its Comprehensive Dispute Resolution Rules and Procedures and the fee schedule in effect at the time of initiating the proceeding with NAM, which are deemed to be incorporated herein by reference. If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, you can contact them at: National Arbitration and Mediation, attention Claims Department, 990 Stewart Street, First Floor, Garden City, NY 11530, telephone number (800) 358-2550.

 

Did you actually read this?

[grammymarcia]

On May 1st, around 9:00 pm, while my mother (84 yrs. old) was looking for some fruits at the lido marketplaces, she suddenly slipped and fell on spaghetti tomato paste someone poured on the floor. A gentlemen told me that the paste was there for a while and no one cleaned it up. My mother was in a great panic and pain. A ship manager in a white uniform managed a wheelchair took my mother to the ship medical center immediately. Her finger, knee and hip got injured as she could notice. But she was unable to remember how she fell and anywhere else got hurt. A ship doctor was not nice, repeatedly emphasized "no bone broken". While the second ship doctor stated couple of days late that the x-ray machine was not powerful enough to examine the detail. My mother is still in great pain and her hip wound really scares me (I take photos of the wound daily), and didn't seems getting any better. I'll take my mother to see her doctor tomorrow. I have been in contact with the ship customer service since the accident, but they do not offer much helps. Anybody has any good suggestions?

My MIL (about 82 at the time) stepped back off the dance floor on one of the older ships and landed on her side. She had x rays on the ship, they said no broken bones. Luckily she only had 1 more day on the ship. They gave her pain meds for the plane ride backed to Indy, where my SIL immediately took her to the ER did x rays again no broken bones, just a lot of bruising. No charge from CCL turned in all paperwork from the ship and ER to insurance, everything was taken care of . Hope things go as well for your Mom.