In the case of Kirby vs. Carnival, I hold Carnival Cruise Lines responsible for her injury. There are several reasons why, first the bartender is responsible for her overall consumptions of alcohol, there is a history of guests that have either fallen or jumped over board and finally there is the fact that carnival never took it upon themselves to call for air lift transportation to the nearest hospital. Bartenders at Carnival Cruise Lines rely on big tabs and tips to make their earnings. Since they need to build up their tabs, why not get an innocent guest just looking to have a good time – extremely intoxicated?
I feel like the bartender encouraged the drinking by offering five-dollar certificates for the casino. The more she drank, the more free money for the casino she got. She was visibly drunk when she left the bar, the bartender should have asked a crewmember to escort her to her room and told her friend to keep an eye out for her as a simple standard of care. Carnival Cruise Line has a history of passengers falling off or jumping off their ships, about 30 incidents a year are reported. Some of those passengers have unfortunately passed away because of this.
If Carnival Cruise Line knows this, then why don’t they go above and beyond for their own guest’s safety? They should have had more cameras, more detectors, and more employees that care enough about the passengers to not let them get so intoxicated. Finally, Carnival Cruise Line is negligent for not stopping immediately to rescue her. They left her in the middle of the sea for almost two hours. The longer you stay in the water, the worse your injuries get. When they finally get her back to ship, the independent contractor they hired as a doctor could not assist her since her injuries were of an emergency level.
In 1972 American Travel Services, Inc., along with Ted Arison, bought two ships from the Canadian Pacific Empress Lines for $6.5 million. These two ships were named the Marti Gras and the Carnivale. Things did not begin well for this group of investors. On its first voyage, the Marti Gras ran aground in Miami Harbor. The ship was also slow and used up very expensive fuel. For the next three years ...
The only thing the doctor did was give her pain relief medicine, which of course will never work for these types of injuries. Also, Carnival Cruise Line should have air lifted her to the nearest capable medical facilities, even without her consent to pay. Carnival Cruise Line could have offered to pay for at least the air lifting services, it is the least they can do for her and her family after going through this entire trauma. In conclusion, I feel Carnival Cruise Line is guilty of standards of care and negligence on their part.
They are the ones that in the industry, and should provide extreme safety procedures, especially after there is a history of passengers falling or jumping over board. Also the bartender is responsible for her overall consumptions of alcohol, particularly because Carnival Cruise Lines has total control of alcohol on their ships. They do not let guests bring their own alcohol; their consumption and alcohol intoxication solely rely on Carnival Cruise Lines to provide that for them. As a final point, Carnival Cruise Line never took it upon them to give her proper medical attention.