i was injured on board-help-what next!!

[searose]

i was in a terrible fall on the slippery tiles near the hot tub in the solarium on the radiance last week. got a bill for $866 on my seapass account before i even got back to my stateroom. am going to be o.k. after a lot of pt and,possibly,surgery on my shoulder. has anyone been through something like this? my husband is enraged we were charged, enraged about the lack of safety rails and pretty much enraged about rccl in general. any suggestions about where to start? will rccl deduct the bill and give me some compensation for the awful pain i am still in? i don't know where to start. this fall could have partalyzed or killed me but now that i am the walking wounded i am getting pretty enraged myself. i know they can answer these questions but i am trying to gain info and advice as the best way to start. thanks so much for your time. and....if there are any posters out there who happenend to try to come to my rescue thank you so much....the onlookers were very comforting. regards,searose

[superjerryw]

Don't expect anything unless you take RCI to court. If you complain to them initially I would guess that their response will be that it is reasonable for the tiles near hot tub to be wet and slippery and it was just unfortunate that you slipped. As for the medical expenses, they will be quick to point out that the medical staff are not actually RCI employees, rather, they are third pary contractors that RCI has no control over and RCI assumes no liability for their actions.

[family cruisers]

Hi... so sorry to hear of your fall.... I'm hoping you had travel insurance, if so that should take care of your bill from the ship.

All tiles near any pool/hot tub are slippery in general. I'm always extra cautious when walking around those areas. Hope you're healing up well so you can enjoy Christmas & New Years!

[MrsBoo]

Would your own health insurance company cover you and reimburse you for your expenses?

 

Hope you heal quickly.

[cruisinfanatic]

i was in a terrible fall on the slippery tiles near the hot tub in the solarium on the radiance last week. got a bill for $866 on my seapass account before i even got back to my stateroom. am going to be o.k. after a lot of pt and,possibly,surgery on my shoulder. has anyone been through something like this? my husband is enraged we were charged, enraged about the lack of safety rails and pretty much enraged about rccl in general. any suggestions about where to start? will rccl deduct the bill and give me some compensation for the awful pain i am still in? i don't know where to start. this fall could have partalyzed or killed me but now that i am the walking wounded i am getting pretty enraged myself. i know they can answer these questions but i am trying to gain info and advice as the best way to start. thanks so much for your time. and....if there are any posters out there who happenend to try to come to my rescue thank you so much....the onlookers were very comforting. regards,searose

Oh yes, see this previous post that I started.

http://boards.cruisecritic.com/showthread.php?t=140353

[1corona4u]

i was in a terrible fall on the slippery tiles near the hot tub in the solarium on the radiance last week. got a bill for $866 on my seapass account before i even got back to my stateroom. am going to be o.k. after a lot of pt and,possibly,surgery on my shoulder. has anyone been through something like this? my husband is enraged we were charged, enraged about the lack of safety rails and pretty much enraged about rccl in general. any suggestions about where to start? will rccl deduct the bill and give me some compensation for the awful pain i am still in? i don't know where to start. this fall could have partalyzed or killed me but now that i am the walking wounded i am getting pretty enraged myself. i know they can answer these questions but i am trying to gain info and advice as the best way to start. thanks so much for your time. and....if there are any posters out there who happenend to try to come to my rescue thank you so much....the onlookers were very comforting. regards,searose

 

Why didn't you address this with the ship personal while you were onboard? I assume you didn't, since you didn't say anything about that.

 

How'd you find this board? I see this is your first post.

[zqvol]

Don't expect anything at all.

 

Maritime law is very different than what you are used to reading about, and I bet, without having seen it that your contract for carriage specifies both that you agree to arbitration and forego the right to sue and that the law of some foreign country that has a much different tort system than the US applies.

 

Your best bet is going to be to seek reimbursement from your health insurance carrier, or through your trip insurance.

[JoshnSteph]

Hi!

 

My husband and I are in our third year of law school right now, and our advice to you, if you are serious about getting your money back, is to get a lawyer.

 

I do remember reading on our tickets that if you do have a claim, and it goes to court, that you have to bring the action in a Miami court.

 

Although it is reasonable that the tiles near the hot tub would be wet, that argument might not get them completely off the hook, especially if other passengers have complained about this problem. They might have a duty to keep the area safe by putting up signs or something to that effect, so at the very least, there might be some contributory negligence on their part.

 

However, i am just an amateur...so i could be completely wrong...that is why my advice is to get a real lawyer. I do hope that you feel better soon, at the very least, your suffering is not in vain, because you just let us all know to be careful in that area!

[rt1092]

You need a lawyer that specializes in admiralty law. Going to the usual ambulance chaser will just waste your time and theirs.

I've worked on the water for 40 years I've been on both sides so I know what I'm talking about.

[sailfool]

I agree with the others who suggest that you consult with an attorney familiar with maritime law. I live in coastal area with a lot of maritime activity and I can tell you that there definately is difference between stateside law and maritime law.

[megessey]

I say, be a squeaky wheel and bug RCL til you tire of it. We aren't talking about a simple stumble that anyone could have suffered -- this is about an area that has seen alot of falls already. I cannot believe that with several accidents already reported, that nothing has been done to change that area! The only reason they haven't taken action is that there is no monetary consequence to bother. Its like getting a stop sign posted at a dangerous intersection -- usually someone has to die before they do it.

[CaptData]

There are signs posted on the way out the door to the pool areas and outside areas that state the area is slippery when wet. Now, I have not been on every ship but most of the ones I've been on have hand rails on the steps leading into the hot tubs and pools.

[hermang]

There are signs posted on the way out the door to the pool areas and outside areas that state the area is slippery when wet. Now, I have not been on every ship but most of the ones I've been on have hand rails on the steps leading into the hot tubs and pools.

However - a reasonable person should expect that slipery conditions will exist in those areas and would wear somekind of non-skid shoes.

 

Having said that - the issue of the Medical bill - as others have posted - is straight forward - Pay the bill - then send to cruise Insurance and or your health insurance - THEN file a negligence claim if you will against the cruise line.

 

I am also reasonably certain that who ever said you must file in Miami is correct so you need to find someone - not "I CAN GET YOU A SETTLEMENT"

who specializes in this type of claim. You will either get some kind of negotiated settlement with the cruise line just to make it go away - OR you will be old and grey before it goes to court.

[jwlane]

Not sure how it's the cruise lines fault, however. This photo (http://69.63.134.90/gallery/image.php?id=6349) shows a handrail near the whirlpool. Granted, I've never been on Radiance, but as others have pointed out, and I seem to recall from other ships, signs are posted warning of slippery conditions. Come one, it's a pool area! It's bound to be wet, and one should reasonably be expected to be careful.

[waterrats]

I just told a friend today that I purchased the insurance for our cruise next year. Well, this is just another reason to have the insurance. In September, I had a bad respiratory infection. It didn't slow me any during my cruise other than not diving. My DW had some antibiotics that seemed to help. I actually walked to the infirmiry but never went in even though I had insurance. At that point I really was starting to feel better.

[searose]

well-i knew i would be opening a can of worms when i posted this but was interested to see if anyone had dealt with an experience like this. i can't take the time-too painful-for a blow by blow of the event but must say that i am very careful in this area. the floor exiting the hot tub was very wet(had been hosed down) and my foot started to slide as i was holding on to the railing,making my hamstring contract,leaving me with only one leg,forcing me away from the tub,staggering,and then down the tile stairs with the metal edging,landing,ironically enough ,with my face pressed in to the strips on the main floor to prevent slippery falls. there was nothing within reach to try to break the fall,nor any such strips on the hottub level.

the dr gave me numerous tests to try to convince me that my physical condition must have been the cause and seemed annoyed when i stuck to my story and all the tests were normal. i had been in the hottub for less than a minute and had no alcohol in my body. we did not deal with this on the ship as i knew my health ins and/or trip insurance would pay the bill,was still in shock and terrible pain and my husband did not want to leave me. this happened the last day of the cruise, with us leaving the next morning. another tale of poor customer "service". if this thread keeps up i will post my exp with the dr and cruiseline another time. if this had happened at sears i would imagine the medical would be covered and a reasonable amount of compensation for the pain and my husband needing to take another week off. thanks for the maritime advice. i live in a coastal area and may be able to find someone like that to get some info.

please don't judge my actions or request for dialogue. i am just looking for info at this point and my story may help others to beware the slippery places and "professional" personnel.

[CrusinGroupie]

Best wishes for a speedy recovery.

 

I hope that you had travel insurance. I can never impress the need for travel insurance enough when I book passengers. Insurance is only in part about cancellation. Mostly it's about situations that happen while you are on the cruise.

 

If you were insured, simply file your claim and you will be reimbursed for expenses from your injury.

 

As for liability, I'm not an attorney, but it would behoove you to read the contract agreement on your brochure or your ticket and cruise documents. Mostly cruise lines are released from liability except in the case of gross negligence.

 

A slip and fall on a wet deck of a cruise ship will not likely be considered negligence. Most cruise lines have slipper when wet signs when decks have recently been hosed off or cleaned. With pool and spa areas it is less likely noted since it is obvious that wet floors are slippery.

 

Of course it always pays to get insurance, and if you are in doubt about the liabilities and legalities, retain legal counsel.

 

I hope you are better soon.

[MszKitty]

Why didn't you address this with the ship personal while you were onboard? I assume you didn't, since you didn't say anything about that.

 

How'd you find this board? I see this is your first post.

 

 

Today, 05:09 PM

searose

Cool Cruiser

Join Date: Sep 2001

Posts: 2

 

 

 

 

 

A member for four years and this is the first time posting?

[beachchick]

searose: I won't question your story or actions. I do ask though if you made sure that an accident/incident report was filed while you were onboard? I hope you did make sure that it was done as soon as feasible after your infirmary visit. That is the best way I know to have it documented as to what happened and how the crew responded. As I wasn't there, I have no intention of judging you or your story.

 

Hope you recover soon.

 

beachchick

 

(p.s. As to this being a first post, remember how many of us "lost" hundreds or even thousands from our thread counts when the boards were switched over? For all we know, searose had many, many posts and simply hasn't been cruising or hasn't been on these boards since the changeover.)

[AFT_LOVER]

on day 4 of our 2 week Trancanal on Clelbrity Summit. The gangplank fell on my foot as the ship rocked. I was busy pitching cups to the left rashcan & towels to the right trashcan instead of these cans being on the opposit side of the gangway. The pain was incredible as I screamed away. Not one of the crew came to my rescue intil my husband was yelling at folks in line to pick up the plank. Then we got 4 guys to help with one grabbing my rioght arm pulling on me. All I got from him was back & blue marks up & down my arm. Then a tall fellows shows as another is wrapping my foot in an iced towel they pass out to folks who arei n line to board the ship with beverages.

 

We were not taken to the Doctor, nothing. So we went to the Purser's desk to file a complaint. When they saw my foot they called the Doctor who took me immediately. Then the Safety Officer was contacted to file the accident report which was done as I was worked on. Torn ligements, chips in the bones but not broken. But ice bags were wrapped on the foot and plenty of ice in a champagne bucket was in our room. The happy pills also helped.

 

No charge since it was an accident. So did you file an accident report so you would be treated for free also?

[Guest cruzr44]

i was in a terrible fall on the slippery tiles near the hot tub in the solarium on the radiance last week. got a bill for $866 on my seapass account before i even got back to my stateroom. am going to be o.k. after a lot of pt and,possibly,surgery on my shoulder. has anyone been through something like this? my husband is enraged we were charged, enraged about the lack of safety rails and pretty much enraged about rccl in general. any suggestions about where to start? will rccl deduct the bill and give me some compensation for the awful pain i am still in? i don't know where to start. this fall could have partalyzed or killed me but now that i am the walking wounded i am getting pretty enraged myself. i know they can answer these questions but i am trying to gain info and advice as the best way to start. thanks so much for your time. and....if there are any posters out there who happenend to try to come to my rescue thank you so much....the onlookers were very comforting. regards,searose

 

Our son was injured onboard a few years ago (Carnival). He was accidently stabbed in the hand with a knife that another teen had purchased in one of the ports. He ended up having surgery to repair nerve damage and also had PT. I was getting no answers from Carnival and they were starting to P*SS me off. We knew it was an "accident", but the documents clearly stated that no weapons allowed on board and for this teen to get back on board with a dangerous weapon (it was not a small knife) should not have happened. I took the story to an attorney because I could not even get Carnival to answer me, and the Maritime laws played a big part in the whole outcome. I was not out to make money on this unfortunate accident, but to get them to screen passengers better, and in the end Carnival refunded half of the cruise cost. We did have cruise insurance but our own insurance paid for the bills. I know this was not RC, but that is my experience. Hope you are feeling better.

[49holding]

Sea rose if you versus RCL doesn't work out with your knack for writing try writing romance books.. I have just one question if the hot tub area had been just hosed down ...presuming the hosing was done either

 

A before you entered the hot tub...then why enter the hot tub area if it is so wet and therefore presumed slippery

 

or

B after you were in the hot tub....then why didn't you stay in the hot tub or sit on the ledge till the wrtness dried up. You were in the hot tub only a minute

[madforcruising]

I know this is not the answer to the OP´s question and more than likely nothing the OP wants to hear.

 

Anyway, where has this world come too?

Falling because of some slippery because wet tiles around a pool area, with lot´s of signs around saying "Caution Slippery when wet" (at least on all the cruises I´ve been on and heck as if I don´t know that myself that a deck is slippery when wet), where is the fault of the cruise line?

Why is the cruise line to blame for this? Why should the cruise line give any compensation for this incident out or even pay for medical expenses?

The OP even stated that she recognized the area was hosed down and very wet. There is no rocket science involved to know that it can be slippery then.

 

If it would have happened to me it probably wouldn´t have even come to my mind to ask for any compensation as I would think it was my own fault and I should have been more careful.

 

But probably I´m coming from another background as I would have never thought about suing McDonalds for burning my lap with hot coffee I spilled myself over my lap.

[kenf333]

I know this is not the answer to the OP´s question and more than likely nothing the OP wants to hear.

 

Anyway, where has this world come too?

Falling because of some slippery because wet tiles around a pool area, with lot´s of signs around saying "Caution Slippery when wet" (at least on all the cruises I´ve been on and heck as if I don´t know that myself that a deck is slippery when wet), where is the fault of the cruise line?

Why is the cruise line to blame for this? Why should the cruise line give any compensation for this incident out or even pay for medical expenses?

The OP even stated that she recognized the area was hosed down and very wet. There is no rocket science involved to know that it can be slippery then.

 

If it would have happened to me it probably wouldn´t have even come to my mind to ask for any compensation as I would think it was my own fault and I should have been more careful.

 

But probably I´m coming from another background as I would have never thought about suing McDonalds for burning my lap with hot coffee I spilled myself over my lap.

 

 

I agree, although sad for this to happen, more people should take responsibility for where they are and what is around them. If you have a medical condition that limits your ability to move freely don't put yourself in a position that could hurt you.

Its no wonder why health insurance, and all other insurance has gotten out of control.

[beth4652]

I know this is not the answer to the OP´s question and more than likely nothing the OP wants to hear.

 

Anyway, where has this world come too?

Falling because of some slippery because wet tiles around a pool area, with lot´s of signs around saying "Caution Slippery when wet" (at least on all the cruises I´ve been on and heck as if I don´t know that myself that a deck is slippery when wet), where is the fault of the cruise line?

Why is the cruise line to blame for this? Why should the cruise line give any compensation for this incident out or even pay for medical expenses?

The OP even stated that she recognized the area was hosed down and very wet. There is no rocket science involved to know that it can be slippery then.

 

If it would have happened to me it probably wouldn´t have even come to my mind to ask for any compensation as I would think it was my own fault and I should have been more careful.

 

But probably I´m coming from another background as I would have never thought about suing McDonalds for burning my lap with hot coffee I spilled myself over my lap.

 

 

 

A standing ovation from beth4652