Injured on Ship due to Negligence of Ship/Crew? What Happened?

[jetskier]

When my MIL tripped and fell down the stairs on the Holiday skinning up her arms and shins, she went to the infirmary. They took care of the scrapes and bandaged her. She was not charged for it. We also had security check on her twice more before the end of the cruise.

 

Her flip flop caught the edge of the stair and rolled. She was more embarassed than hurt.

 

I have another friend who's daughter was raped on a RCCL ship. A guy drugged her drink and took her back to his cabin. RCCL would not give them the passenger's name that did it even though the daughter remembered the cabin number. They told them they would have to file suit. The FBI refused to prosecute even though the girl had severe physical injuries. It ended up taking 2 1/2 years before a settlement was reached. The guy who did it ended up scot free as he filed for bankrupcy.

Dave

[chasetf]

The damages involve loss of work due to a significant injury, which is the only reason I am trying to get some information about others' experiences.

You sure keep peeling the onion very slowly.

 

What does "loss of work" and "signficant injury" mean. :confused:

 

Two hours to go to the doctor is "loss of work" and what is "significant". :confused:

[CruiznWithHubby]

whether your friend's experience is "typical" or not doesn't really matter,,,if the injury was severe, he needs an attorney to help him decide if he has a case or not,,,

 

I'm not an attorney, but I'm pretty sure that what Carnival does or doesn't do after an accident, doesn't necessarily let them "off the hook" for the accident,,,,of course if they refused him medical attention, that might make their case all the worse,,,

 

so what does it matter what happened to others??? Tell him to find an attorney,,,,the attorney will know how to interpret the cruise contract he signed before he got on board,,,,

 

Holly

[Kurbanfan]

I have another friend who's daughter was raped on a RCCL ship. A guy drugged her drink and took her back to his cabin. RCCL would not give them the passenger's name that did it even though the daughter remembered the cabin number. They told them they would have to file suit. The FBI refused to prosecute even though the girl had severe physical injuries. It ended up taking 2 1/2 years before a settlement was reached. The guy who did it ended up scot free as he filed for bankrupcy.

Dave

 

OMG! I hate hearing stories like that:( :mad: That is when the media should come in play! That poor girl!

[CruiznWithHubby]

OMG! I hate hearing stories like that:( :mad: That is when the media should come in play! That poor girl!

 

 

You're right,,,,that's terrible,,,I missed the original post, but caught it when you quoted it,,,,

 

let's hope that changes,,,,,,that is absolutely HORRIFYING,,,,just one reason women should NEVER leave their drinks,,,,,TAKE THEM TO THE BATHROOM WITH YOU, LADIES,,,,,

 

Holly

[senorita frog]

A couple of years ago we were on the Elation right after she came out of drydock. They had been installing a basketball court on the back deck, but only had the cabling around the bottom and top but no net strung around it yet. The bottom cable was about foot off the deck, the top way over my head. We were on the back deck after dark one night and my husband tripped over the bottom cable, fell and broke a small bone in his wrist.

 

He went to the infirmary where they did xrays, wrapped it and told him to go have a beer. They did write off the infimary bill but that was it.

 

We didn't really push for anything else although I was pretty irritated when we heard for the rest of the trip and on these boards afterwards that they didn't do anything about the situation for several weeks and many more people fell during that time. I would have thought they would be more concerned than that.

[calicruise74]

OMG! I hate hearing stories like that:( :mad: That is when the media should come in play! That poor girl!

 

 

I would have been SCREAMING to the media!!! That is just awful!!

[Beej29]

I fell on a Carnival excursion--not sure it was anyone's negligence--just an accident. In any event, Carnival took care of all my medical expenses at the infirmary. I did not think the excursion guide handled herself very well--she just said you have to get up we need to go. She did offer to call ahead to the ship to let them know--but I am sure she did not because nobody knew about it at the infirmary. When I fell my elbow came out of its socket and popped back in. It was painful, but thank goodness not broken. They x-rayed it to be sure nothing broken and then gave me a sling and told me to wear it for a few days. They did what they could.

[kiraryker]

When my MIL tripped and fell down the stairs on the Holiday skinning up her arms and shins, she went to the infirmary. They took care of the scrapes and bandaged her. She was not charged for it. We also had security check on her twice more before the end of the cruise.

 

Her flip flop caught the edge of the stair and rolled. She was more embarassed than hurt.

 

I have another friend who's daughter was raped on a RCCL ship. A guy drugged her drink and took her back to his cabin. RCCL would not give them the passenger's name that did it even though the daughter remembered the cabin number. They told them they would have to file suit. The FBI refused to prosecute even though the girl had severe physical injuries. It ended up taking 2 1/2 years before a settlement was reached. The guy who did it ended up scot free as he filed for bankrupcy.

Dave

 

A settlement ???? Shouldn't he be in prison for rape??:mad:

[kornkob]

A settlement ???? Shouldn't he be in prison for rape??:mad:

 

Under who's jurisdiction would he be prosecuted?

[Lisl123]

Ships aren't really subject to the standard laws ... however, I think something could have been done in that case. She would have had to have pressed charges with the proper authorities in the next port of call, etc. etc.

 

Lots of things are glanced over with a blind eye on cruise ships.

[kiraryker]

Ships aren't really subject to the standard laws ... however, I think something could have been done in that case. She would have had to have pressed charges with the proper authorities in the next port of call, etc. etc.

 

Lots of things are glanced over with a blind eye on cruise ships.

 

Wow I didn't know that - maybe that is why so many people "accidently" fall overboard ??

[jetskier]

Under who's jurisdiction would he be prosecuted?

 

Because it happened in international waters, it is the FBI's jurisdiction. Basically there is a loophole in the system that these guys exploit. How many times have you heard of the cruise ship kicking people off the ship but failing to notify the authorities of a crime? They also know that the crime scene is not going to be maintained or properly checked. A rape kit may be available but then you have problems with chain of custody that can be exploited.

 

Things are getting better with the recent high profile cases but you still dont know all the things that go on.

 

In a way we are lucky that more does not happen on a ship. An environment where you have enough people to make up a small city. Plenty of opportunities to drink. People running around assuming it is safe and letting their guards down. The numbers of kids I see running around by themselves is amazing.

 

Dave

[dan40]

This rape case referred to above brings out the nonsense. Cruiseships are not lawless areas, in port or on the high seas.

 

The "rapist" was not prosecuted but lost the civil case. Sound familiar? OJ was prosecuted but not found guilty of murder. But he lost the civil case. In the case of the rapist above, almost surely a similar thing happened. The rules of evidence in a criminal case are much stricter than in a civil case. The authorities must have felt they did not have the evidence to convict in a criminal case. And the fact that the victim prevailed in the civil case has NO bearing on a criminal case.

 

Dan

[jetskier]

This rape case referred to above brings out the nonsense. Cruiseships are not lawless areas, in port or on the high seas.

 

The "rapist" was not prosecuted but lost the civil case. Sound familiar? OJ was prosecuted but not found guilty of murder. But he lost the civil case. In the case of the rapist above, almost surely a similar thing happened. The rules of evidence in a criminal case are much stricter than in a civil case. The authorities must have felt they did not have the evidence to convict in a criminal case. And the fact that the victim prevailed in the civil case has NO bearing on a criminal case.

 

Dan

 

Actually Dan, there was plenty of evidence (no memory of it occuring/vaginal tears/emotional trauma) but the FBI still declined to prosecute.

 

The reasons for going after the cruiseline was the way they handled the case as if it was the girl's fault, not doing a rape kit, not preserving the crime scene, not reporting the crime.

 

Dave

[mcfam5]

When my MIL tripped and fell down the stairs on the Holiday skinning up her arms and shins, she went to the infirmary. They took care of the scrapes and bandaged her. She was not charged for it. We also had security check on her twice more before the end of the cruise.

 

Her flip flop caught the edge of the stair and rolled. She was more embarassed than hurt.

 

I have another friend who's daughter was raped on a RCCL ship. A guy drugged her drink and took her back to his cabin. RCCL would not give them the passenger's name that did it even though the daughter remembered the cabin number. They told them they would have to file suit. The FBI refused to prosecute even though the girl had severe physical injuries. It ended up taking 2 1/2 years before a settlement was reached. The guy who did it ended up scot free as he filed for bankrupcy.

Dave

 

Sor sorry for this young girl' trauma....

[7toEleven]

When my MIL tripped and fell down the stairs on the Holiday skinning up her arms and shins, she went to the infirmary. They took care of the scrapes and bandaged her. She was not charged for it. We also had security check on her twice more before the end of the cruise.

 

Her flip flop caught the edge of the stair and rolled. She was more embarassed than hurt.

 

I have another friend who's daughter was raped on a RCCL ship. A guy drugged her drink and took her back to his cabin. RCCL would not give them the passenger's name that did it even though the daughter remembered the cabin number. They told them they would have to file suit. The FBI refused to prosecute even though the girl had severe physical injuries. It ended up taking 2 1/2 years before a settlement was reached. The guy who did it ended up scot free as he filed for bankrupcy.

Dave

 

What a horrid story, I am so sorry to hear this happened. But, I have to ask, what does filing for bankrupcy have to do with being charged, found guilty, or innoncent of the crime of rape? I do hope your friend's daughter has recovered.

[CruiznWithHubby]

What a horrid story, I am so sorry to hear this happened. But, I have to ask, what does filing for bankrupcy have to do with being charged, found guilty, or innoncent of the crime of rape? I do hope your friend's daughter has recovered.

 

My guess would be that since the FBI refused to prosecute, the only way one can get any "justice" is through the civil courts,,,the only way civil courts can get "justice" is through money,,,civil court can not put you in jail,,,,they can only award finanacial awards,,,

 

when he went bankrupt, he is essentially, "protected",,,what's called "judgement proof",,,

 

Kind of like OJ Simpson,,,,he was found innocent in the criminal case of murder of his wife,,,,,,but guilty in the civil case,,,,,your only justice is financial at this point,,,,

 

Holly

[trock]

My guess would be that since the FBI refused to prosecute, the only way one can get any "justice" is through the civil courts,,,the only way civil courts can get "justice" is through money,,,civil court can not put you in jail,,,,they can only award finanacial awards,,,

 

when he went bankrupt, he is essentially, "protected",,,what's called "judgement proof",,,

 

Kind of like OJ Simpson,,,,he was found innocent in the criminal case of murder of his wife,,,,,,but guilty in the civil case,,,,,your only justice is financial at this point,,,,

 

Holly

 

 

Question? Was he found 'innocent' or not guilty... I think there is a difference... (I honestly dont remember)

[CruiznWithHubby]

Question? Was he found 'innocent' or not guilty... I think there is a difference... (I honestly dont remember)

 

You could be right,,,,,but for this instance it doesn't matter,,,the guy was found not guilty,,,so they sued him in civil court, which has a lower "proof" level required,,,,and he was found responsible for her death,,,,,

 

Holly

[boundingmaynard]

Well, I'm hoping I can just get some past experiences without the editorials. This was an injury related to post-drydock work being done on the ship and negligence of the crew who left dangerous materials lying about. Nothing more needs to be said. I'm just wanting to know mainly if an incident report or doctor's report was handed over to the injured party, and what sort of compensation Carnival offered - partial refund, discount on future cruise, etc. - just to give my friend an idea of whether her incident was handled according to the "norm" or whether something was mishandled.

 

Your "friend" sounds litigious.

[trock]

You could be right,,,,,but for this instance it doesn't matter,,,the guy was found not guilty,,,so they sued him in civil court, which has a lower "proof" level required,,,,and he was found responsible for her death,,,,,

 

Holly

 

 

Oh that dirtbag is guilty.. absolutely. ..but I think at least for public perception there is big difference between being declared innocent vs not guilty.. I think not guilty just means there was not enough (cough choke) evidence.. and innocent means.. innocent..

;) :)

[jetskier]

What a horrid story, I am so sorry to hear this happened. But, I have to ask, what does filing for bankrupcy have to do with being charged, found guilty, or innoncent of the crime of rape? I do hope your friend's daughter has recovered.

 

By filing bankrupcy, it protected him from the civil filings as they could not get them to charge him with the crime in order to prosecute him criminally.

Dave

[dan40]

Question? Was he found 'innocent' or not guilty... I think there is a difference... (I honestly dont remember)

 

 

There is no finding of "innocent." There is only, guilty, or not guilty.

 

Dan

[trock]

There is no finding of "innocent." There is only, guilty, or not guilty.

 

Dan

 

 

Thanks Dan..