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

[torcruise]

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.

 

I don't think anyone suggested to sue, or at least I didn't. I said talk to a lawyer. If she can't get a hold of carnival a lawyer could help with that and advise if they are at least liable for her medical expenses. A lawyer is better then us to even advise if she has a case. A lot of times these thing can be handled without suing.

[jimbo5544]

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.

 

 

Holy Toledo, we agree.

 

 

Sent from my iPhone

[tef43]

Was there an incident report? If not, then it never happened.

 

This is certainly not the ideal forum to solicit legal and or medical advice.

[springs741]

 

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.

 

There is no violation of rights. Neither the OP or the mother can be identified.

[Organized Chaos]

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.

 

 

 

• Guests don't clean up a spilled plate. Not if it's liquid (or in this case, sauce). They don't have access to a mop or any other cleaning equip. The only thing they can do is notify crew.
  

 

• Your analogy of falling on steps isn't an analogy at all because the two aren't even close. Steps/stairs weren't left there accidentally by anyone. There's nothing that can be done about stairs (other than railings). The sauce, on the other hand, wasn't supposed to be there. Whether or not they cleaned it up as soon as they could is another issue, but has nothing to do with likening it to falling on stairs.
  
• If the medical team are employees of Carnival, then the OP would still take it up with the company. Your first sentence goes after anyone who may have suggested suing, then you suggest suing the medical team. :rolleyes:
  
• By "private medical pictures," are you implying that they're from her medical records? The OP stated that she took them herself and, having done so, owns the copyright. Far worse violations of privacy are being done on social media millions of times a day.
  

Edited May 8, 2017 by Organized Chaos

[pe4all]

So what did your mom's Dr. say? (this was posted May 7, Dr. was supposed to be May 8)

[Havingfun2010]

• Guests don't clean up a spilled plate. Not if it's liquid (or in this case, sauce). They don't have access to a mop or any other cleaning equip. The only thing they can do is notify crew.
  

Most people, or most decent people, will take a napkin or something and make an attempt to clean up some of it, or at least make sure that it is cleaned up quickly by standing by the spill, and getting the attention of someone. The poster implied the spill was sitting there for awhile, which leads me to believe, the guest did nothing to report it.

• Your analogy of falling on steps isn't an analogy at all because the two aren't even close. Steps/stairs weren't left there accidentally by anyone. There's nothing that can be done about stairs (other than railings). The sauce, on the other hand, wasn't supposed to be there. Whether or not they cleaned it up as soon as they could is another issue, but has nothing to do with likening it to falling on stairs.
  

Let's change it. An item was on the steps, because someone dropped the item and was too lazy to pick it up. The next person tripped on the item while on the steps. Is Carnival at fault?

• If the medical team are employees of Carnival, then the OP would still take it up with the company. Your first sentence goes after anyone who may have suggested suing, then you suggest suing the medical team. :rolleyes:
  

Medical team are contractors.

• By "private medical pictures," are you implying that they're from her medical records? The OP stated that she took them herself and, having done so, owns the copyright. Far worse violations of privacy are being done on social media millions of times a day.
  

 

When you post any medical pictures in a public forum, without consent, you can be in violation of certain laws. It would be easier to sue in this case than against Carnival. You may not win, but it would be easier.

[nascarcruiser]

I'm sorry she fell and is still hurting but accidents happen. I've slipped and fell while on vacation and been in pain but it was an accident. I actually cracked my tailbone before our last trip but again it was an accident. It made for some truly painful moments and took months to heal. Accidents happen and it's debatable if the crew knew there was a hazard or not. Hope she feels better soon

[Drazil65]

hey 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.

 

This and other variables will make it very difficult to claim negligence on part of CCL, things like what kind of shoes she was wearing, what was the weather at sea and was there excessive rocking, had she been drinking prior to going to lido, was she paying attention to where she was walking, unless someone saw the sauce being spilled and they timed exactly how long it was there...then it is he said she said, what about accountability for the person that spilled it and walked away, did she make an accident report with the medical team diagnosis, did she seek medical attention immediately after getting home (ie: ER?), did she proceed to have a good time on rest of trip and partake in activities, her age and dexterity will play into it...

 

 

My FIL (72) fell in a hospital room on vacation in 2008 after becoming dehydrated and needing an IV to rehydrate overnight, was sleeping and they mopped the floors early morning, he woke and got up to use bathroom, floor still drying, no signage, he slipped right outside the bathroom in his room, hit head severely, life support, died...even with this situation it took 4 years before family won the case (we thought long and hard about suing hospital and did not file for almost 2 yrs)....this was very hard to prove and they knew exactly what he slipped on and plus, he died from it...but not cut and dry in the world of lawyers....they get rich....

[Sherry.Pan]

After many many months in contacting with the carnival cruise, my mother's case was transferred from the customer service to the legal department, where two people handled the case. The first one sent us a reasonable letter, on behave of the company, promised to pay a small compensation, refund ticket and possible consider medical coverage. But the person left in the middle of the conversation. Many months later, we received a second letter from another one. It was an offensive letter full with lies. I have forwarded both letters (emailed and mailed) to the current CEO Arnold W. Donald and president Christine Duffy, ask for an investigation and a judgement. No response so far from the carnival. Can any one tell me how to deal with the situation? I don't care about money for the settlement, but I do demand an apology letter for what the second person said and for what had happened to my mother.   

[BlerkOne]

Hopefully your mother had insurance other than Medicare which doesn't cover outside of the country.

[Sherry.Pan]

9 minutes ago, BlerkOne said:

Hopefully your mother had insurance other than Medicare which doesn't cover outside of the country.

Yes. She had insurance. About 60% - 70% medical cost were covered.

[bahacca]

You need to ask for what you want. If you really just want an apology, then say so in your correspondence with Carnival. Having not seen any previous correspondence that has taken place, there is little advice to give.

[bakersdozen12]

On 5/7/2017 at 5:00 PM, tallnthensome said:

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 ......

 

When it comes to slip and falls, the OP would have to be able to prove that Carnival knew about the spill and refused to clean it up. That’s not likely. More likely is that they didn’t know about it because no one that saw the spill bothered to tell them about it. 

[beerman2]

7 hours ago, bakersdozen12 said:

 

When it comes to slip and falls, the OP would have to be able to prove that Carnival knew about the spill and refused to clean it up. That’s not likely. More likely is that they didn’t know about it because no one that saw the spill bothered to tell them about it. 

Exactly how long would it take to inform an employee about the spill , then stand there until it's cleaned up. It's not like cruise lines don't have people wandering around constantly.

 

Pax are so wrapped up in themselves to take a minute and do the right thing.

[bbtbear]

Others here have advised that this is NOT a good forum for legal advice and I strongly agree. My husband is an attorney and part of his practice is personal injury. My advice to you would be to speak to a lawyer. An initial consultation should cost you nothing and you could ask them for actual, solid legal advice. In addition, if you decide to pursue a legal case, they should only charge you if they win the case, so you would not be out of pocket any money.

[Cushing985]

I read this thread knowing it was initiated over a year ago.  I always enjoy it when the internet legal experts out there jump in with crazy advice and this thread didn't disappoint.  Hopefully the OP's Mom is fully recovered and Carnival did the right thing in making her Mom whole again as far as money is concerned.

[bbtbear]

5 minutes ago, Cushing985 said:

I read this thread knowing it was initiated over a year ago.  

Yes, but the OP just updated yesterday still seeking advice here.

[Cushing985]

1 hour ago, bbtbear said:

Yes, but the OP just updated yesterday still seeking advice here.

 

Oops!  You're right...missed it.  I think of all the posts on this thread your advice was the most valid.  

[Sherry.Pan]

There was a witness who said the spill was there for a while. After my mother fell, a crew member and me sent my mother to the ship doctor. The ship manager also came to check the floor.  I didn't ask for their names. I thought that I have doctor notes and I reported what happened to the crew manager, as well as the costumer service, that are the evidence.

[Sherry.Pan]

So I do need a lawyer. I believe that I (as well as my mother) were fooled by the Carnival. It's been a year. 

 

[Cheezus]

Why not just move on?  Personally, I look where I'm walking.  Maybe accept even a tiny bit of blame for this and get on with your life.  Accidents happen. 

[sanger727]

58 minutes ago, Sherry.Pan said:

So I do need a lawyer. I believe that I (as well as my mother) were fooled by the Carnival. It's been a year. 

 

 

You need to figure out what you want. A couple posts ago you said you don’t care about money, just want an apology. A lawyer won’t help you get an apology since there’s no monetary cut for them. IMO, if money is not your primary objective; it’s time to let this go. Carnival isn’t bothered in the least by your calls/letters, only you are going to be bothered by the response at this point. 

[Joebucks]

13 hours ago, Sherry.Pan said:

So I do need a lawyer. I believe that I (as well as my mother) were fooled by the Carnival. It's been a year. 

 

 

Since we are talking about it a year later, I assume that there are many damages that she encountered as a result, right? Broken bones, surgery, lost wages? Please don't say that you expect a lawyer to get you apologies and money because we can cash in on these things in 2018.

[bbtbear]

13 hours ago, Sherry.Pan said:

So I do need a lawyer. I believe that I (as well as my mother) were fooled by the Carnival. It's been a year. 

 

For what it's worth, I wouldn't say you "need" a lawyer. It depends upon the outcome you ultimately want. But, I would say that if you are looking for legal advice, or for someone to help you determine whether you have an actionable case, you should book a consultation with an attorney.