Carnival Sued After Man Loses Finger in Balcony Door
Carnival Cruises is facing a lawsuit brought by a man who lost a finger when his balcony door slammed shut. According to the lawsuit, his finger was severed. The lawsuit does not mention whether or not the finger was able to be reattached and if so, what range of motion the finger now has. Even if the finger could be reattached, the passenger suffered a significant injury and has filed a lawsuit in federal court.
The incident occurred aboard the Carnival Horizon. The plaintiff filed the complaint in the U.S. District Court of the Southern District of Florida. According to the lawsuit, the plaintiff’s right index finger was amputated when his balcony door slammed shut. The incident occurred in September 2022 and the lawsuit was filed in October of 2023.
Elements of negligence
The plaintiff faults Carnival Cruises for not having a mechanism on the door to prevent it from slamming shut. He alleges that Carnival did not exercise reasonable care when designing the doors on their vessels. It is commonly known that balcony doors can slam shut with great force. The lawsuit lists 11 other incidents of passengers being injured by slamming doors indicating that Carnival should have been aware of the problem and took some remedy to prevent guests from being injured.
Doors slamming on cruise ships
Several Carnival passengers have reported that doors abruptly can slam shut potentially creating a risk of injury. Many passengers have experienced this problem particularly when the balcony and stateroom doors are open at the same time. Air pressure can create a strong wind across the cabin causing the doors to slam closed with great force. Cruise lines often post signs warning passengers to not open both doors at the same time due to the risk of them slamming shut abruptly. It is not known whether or not the Carnival Horizon had such signage at the time that the plaintiff was injured.
Damages
The plaintiff is seeking a jury trial and requesting a judgment of more than $75,000. Generally speaking, a plaintiff can recover damages related to medical expenses, lost wages, and reduced quality of life. It remains unclear whether or not the finger was reattached and what kind of range of motion the finger has if it was. Assuming that it was not, the plaintiff can sue for the loss of the appendage and the mutilation of his body. If the finger was reattached then the plaintiff still suffered pain and suffering due to the accident and likely does not have the full use of his finger. Either way, the plaintiff is entitled to recover damages related to his medical expenses and pain and suffering damages.
Talk to a Miami Cruise Ship Injury Attorney Today
Miami admiralty & maritime lawyer Michael F. Guilford represents the rights of passengers and crew in cruise ship injury claims. Call our office today to schedule a free consultation and we can begin discussing your case right away.
Source:
cruisehive.com/carnival-cruise-guest-sues-for-losing-finger-in-door/114127