Help with terms of carriage?

[Zu~]

Yes, so rather than going down a deck or two, then proceeding through a carpeted passageway to your cabin, you decided to wear slippers (usually indoor clothing) to an outside pool deck. Now, as a first consideration, the slippers were given by a spa worker, who does not work for the cruise line, so at the best you should be directing any remedy against the spa operator. Secondly, since there was no negligence on the part of the spa or its employee (as a court would rule, a reasonable person would not wear slippers outside, in the wet), there would be no liability on the part of either the spa operator or the cruise line.

 

Did you have to go through the pool deck to get to an elevator, as you suggest, which I find hard to believe though you don't mention which ship so I can't check the deck plan, or was it just that you wanted to use the "most convenient" elevator to your cabin? When you put the slippers on, did you not notice that the soles were smooth? As I've said, courts will look at what is reasonable in the use of a product supplied by a vendor.

I am on 16 night Serenade of the Seas just going down to Halifax. I didn't want to cross that deck it was cold outside, I would gladly have taken the elevator, but I didn't know where it was. I am a reasonable person and I only asked if I had any recourse, just saying no would have been nice, instead I get a bunch off smarty pants comments. I am satisfied now with my question being answered, but still disappointed and hurt with all the unnecessary judgemental comments. Never again, people seemed more kind on this board a while ago. My knee still hurts, but I managed a couple tours with my trekking poles. So I'm going to unsubscribe to notifications-guess I gave some people a laugh at least.

[Expat Cruise]

I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? I have insurance etc., but since they gave me the slippers that caused my painful fall, I think I should get an OBC or at least a future cruise credit. I spent 3 days in my cabin icing and not putting weight on it. They did however send me a bottle of wine. Don't know if this kind of question is allowed here, but any help/thoughts would be appreciated. Thanks, Zu~

 

Cannot tell you if you have a legal claim. Can tell you that any legal claims must follow the rules. Which include notice to the cruise line within 6 months and if a case is filed it must be within 1 year of the cruise and the only court that can hear the case is Federal Court Southern Florida District.

 

Cannot direct you to a lawyer, not allowed here but several very good ones in Florida, and most will consulate with you for free. You really want to know your rights and make sure you stay within the rules. Just google lawyers cruise ships and you will find what you need. Even if Royal has no blame better to hear from a expert. Also these lawyers if they take the case do not charge you any fees upfront, just a percent of what is won. So no risk to talk with a good lawyer.

[Bloodgem]

I am on 16 night Serenade of the Seas just going down to Halifax. I didn't want to cross that deck it was cold outside, I would gladly have taken the elevator, but I didn't know where it was. I am a reasonable person and I only asked if I had any recourse, just saying no would have been nice, instead I get a bunch off smarty pants comments. I am satisfied now with my question being answered, but still disappointed and hurt with all the unnecessary judgemental comments. Never again, people seemed more kind on this board a while ago. My knee still hurts, but I managed a couple tours with my trekking poles. So I'm going to unsubscribe to notifications-guess I gave some people a laugh at least.

I was feeling some sympathy for you until "I would gladly have taken the elevator, but I didn't know where it was."

Seriously!!!

[SRF]

RCI is a subsidiary of RCCL which is a Liberian registered company based in Miami. As per the contract any lawsuits must be brought forward in Florida and I believe Miami specifically.

 

No, RCCL is a subsidiary of RCI.

 

So to sue RCCL, it would be in Liberian court. RCI would be US court. But ship is registered somewhere else.

[SRF]

A few months back, we were on a RCL ShoreEx where our open air safari bus got into a head-on collision with another vehicle on the highway. We had some minor bruising on the leg when it went flying into the seat in front of us. And some minor back pain. The ship's doctor gave us some muscle relaxant for the back. RCL refunded the cost of the tour, but offered nothing else.

 

The Ship's safety officer took a report,,,, more asking what WE could have done to reduce injury. Like,,, don't book a RCL ShoreEx with an aggressive driver.

 

The ShoreEx manager called daily to make sure we knew that she refunded the cost of the ShoreEx.

 

Very disappointed with the ship's response. But,,, I suppose anything more would have been an admission of guilt or liability on their part.

 

RCI does not the excursion, they book them with 3rd parties. If there was fault, it was the excursion operator.

 

Did you ever contact them?

[SRF]

First off, the Jones Act only applies to US flag vessels, so in the cruise industry, that's a pretty limited number, and as you say, it only covers cargo. The liability of cruise ship owners in personal injury incidents is governed by the Shipping Act of 1984. Secondly, the amount of liability for foreign flag vessels is limited by the Athens Convention, as noted previously, which limits liability in cases of death or personal injury to 325,000 SDR (or thereabouts) (Special Drawing Rights, an international quasi-currency for standardization of claims). And another limitation could be the cruise line's P&I insurance cover, if there is no negligence found on the part of the ship owner.

 

Not too bad, 325,000 SDR = about $450,000 on Friday.

[SRF]

Let's see, you noticed the slippers were slick and wore them to a wet deck.

 

The cruise line gave you a bottle of wine and a discount on your next cruise (which was not disclosed up front).

 

So they DID offer compensation, which you accepted.

 

And now you want MORE?

 

And you are upset about the comments?

 

Life hurts. Grow up.

[A&L_Ont]

Of all the people for the OP to quote and diss they pick the Chief.:rolleyes: The one person with the most amount of nautical knowledge and the least amount of judgmental comments when responding to questions.

 

Chief, that’s me helping you up and dusting you off. ;)

[Paulxyz2004]

I am on 16 night Serenade of the Seas just going down to Halifax. I didn't want to cross that deck it was cold outside, I would gladly have taken the elevator, but I didn't know where it was. I am a reasonable person and I only asked if I had any recourse, just saying no would have been nice, instead I get a bunch off smarty pants comments. I am satisfied now with my question being answered, but still disappointed and hurt with all the unnecessary judgemental comments. Never again, people seemed more kind on this board a while ago. My knee still hurts, but I managed a couple tours with my trekking poles. So I'm going to unsubscribe to notifications-guess I gave some people a laugh at least.

 

It´s probably a good thing for you to leave this thread, as you keep digging the hole deeper and deeper with every post.

 

 

By now you´ve lost all credibility with me. You didn´t know where the elevator was??? It´s right outside the Spa on Serenade. You have to walk past it before even getting outside.

 

Not really laughing, more like shaking my head and thinking some people are certainly not fit for travel.:eek:

[Paulxyz2004]

No, RCCL is a subsidiary of RCI.

 

 

No, that´s wrong. RCCL (Royal Caribbean Cruises Limited) is the Liberian incorporated company that owns the several cruiselines under their umbreally, including RCI (Royal Caribbean International) the cruiseline operating the ships.

[Ourusualbeach]

No, RCCL is a subsidiary of RCI.

 

So to sue RCCL, it would be in Liberian court. RCI would be US court. But ship is registered somewhere else.

 

You might want to check your facts.

[Expat Cruise]

The claims are handle in Florida, as per by The Supreme Court.

 

By order of The United States Supreme Court through Case 499 U.S. 585 (1991) Carnival Cruise Lines, Inc.v. Shute. All legal claims are settled by the terms of the passenger contracts, and are filed in the cruise lines home city which is Miami for Carnival, Norwegian Cruise Line and Royal Caribbean. The ruling is binding upon the cruise lines and since then all passenger cases have been heard in the Southern District of Florida .

 

 

More complete information can be foundin Bloomberg Legal

[Ocean Boy]

I was feeling some sympathy for you until "I would gladly have taken the elevator, but I didn't know where it was."

Seriously!!!

Give the OP a break. It was only a 16 night cruise. That is hardly enough time to figure out the intricacies of a Radiance class ship.

[Ocean Boy]

You might want to check your facts.

And admit he was wrong?

[dd likes to cruise]

I am on 16 night Serenade of the Seas just going down to Halifax. I didn't want to cross that deck it was cold outside, I would gladly have taken the elevator, but I didn't know where it was. I am a reasonable person and I only asked if I had any recourse, just saying no would have been nice, instead I get a bunch off smarty pants comments. I am satisfied now with my question being answered, but still disappointed and hurt with all the unnecessary judgemental comments. Never again, people seemed more kind on this board a while ago. My knee still hurts, but I managed a couple tours with my trekking poles. So I'm going to unsubscribe to notifications-guess I gave some people a laugh at least.

 

You should have asked the best way to get to your cabin if you did not know. Every elevator lobby has a map of the ship layout.

[Expat Cruise]

The OP Questions was "I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? "

It really is not for others here to access blame, or to say what they believe was done wrong or not done? I do not know the OP but I do not believe they posted the question to be judge just to know options. Those options have been given here already Any other off topic posts or thread hijacking should not appear here.

[swoopy2110]

The OP Questions was "I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? "

 

 

It wasn't. It was:

"I fell in some slippers that RCI gave me and instead of taking responsibility myself, will they give me some FCC or OBC"

[Bloodgem]

It really is not for others here to access blame, or to say what they believe was done wrong or not done? I do not know the OP but I do not believe they posted the question to be judge just to know options. Those options have been given here already Any other off topic posts or thread hijacking should not appear here.

How do expect posters to react when the OP omits to mention certain information? For example I was walking by the pool in the slippers when I fell.

[Expat Cruise]

How do expect posters to react when the OP omits to mention certain information? For example I was walking by the pool in the slippers when I fell.

 

As I already stated to answer the question asked , not to pass judgement on them. The OP did not ask if what was done was right just what is the recourse after the cruise.

[gerif]

As I already stated to answer the question asked , not to pass judgement on them. The OP did not ask if what was done was right just what is the recourse after the cruise.

People did attempt to answer the question but the OP was not completely truthful originally. She fell while wearing slippers given to her by the cruise line - but they were not (the spa is an independent contractor) - and wants to know what she can get (she mentioned OBC and FCC). Having spent most of my life working in law, I can tell her this is called contributory negligence (walking in slippers she knew had no tread across a wet pool deck). Sort of like someone hit my parked car but, wait, I was double parked at the time so contributed to the accident. I get nothing.

[Ourusualbeach]

The OP Questions was "I took a fall and hurt my knee badly. Does anyone know if once I am off the ship I have any recourse? "

It really is not for others here to access blame, or to say what they believe was done wrong or not done? I do not know the OP but I do not believe they posted the question to be judge just to know options. Those options have been given here already Any other off topic posts or thread hijacking should not appear here.

 

Congratulations on your self appointed promotion to host.:rolleyes:

[Bloodgem]

Sort of like someone hit my parked car but, wait, I was double parked at the time so contributed to the accident. I get nothing.

Your posts reminds me of something Judge Judy once said, sorry if I have missed quote the statement "you did something stupid, you got hurt doing something stupid and now you what compensation".

[Expat Cruise]

Nothing here changes the fact that the OP should consult with a Admiralty / Maritime Law Lawyer so that she knows here rights. Nothing posted here changes that, the posters saying no case are you Admiralty / Maritime Law Lawyers? I know I'm not but I know enough to never say no case until a skilled professional looks at all the facts.

[A&L_Ont]

How do expect posters to react when the OP omits to mention certain information? For example I was walking by the pool in the slippers when I fell.

 

Plus she admitted that she did manage a few tours after her fall with her trekking poles, even though it still hurt. If it was that bad she could have cancelled them and been refunded. Going on them most likely contributed to further wear to her injury.

 

We have also all seen the “slippery” signs by the pool and many of us have most likely took a little slide by the pool over the years. I have, as well as the other 2 in my house.

 

Where I live you can see older people who use trekking poles around the community. They are given to said individuals who need help with mobility and stability issues. My mom has them and is to use them when doing brisk walks to help with balance. I wonder did the OP need them for balance or was she going going on a “strenuous” shore excursion. I also saw them in Alaska with some select people going on actual hikes.

 

Any fall will hurt. If it was that bad medical would have taken xrays and treated for the OP for free, and she never mentioned that. It might be the only time the OP makes it to Halifax and she didnn’t wanted to miss anything she booked. I suspect the injury was further inflamed/damaged from further movement when rest is what it needed.

[SRF]

Nothing here changes the fact that the OP should consult with a Admiralty / Maritime Law Lawyer so that she knows here rights. Nothing posted here changes that, the posters saying no case are you Admiralty / Maritime Law Lawyers? I know I'm not but I know enough to never say no case until a skilled professional looks at all the facts.

 

Several people have said that.

 

But realize, those specialists in law are unlikely to take on a contingency case.

 

So you can spend thousands on a lawyer, to get a judgement of hundreds.