The perils of running high deductibles

$3 Million Judgment for Slip and Fall Against Carnival (SSM/STD)

On May 19, 2010, Denise Kaba filed suit against Carnival Corporation, alleging she slipped and fell on a multi-colored pool deck surface on the Carnival Pride cruise ship August 22, 2009. Kaba was on a Caribbean cruise sailing from Baltimore with her husband as a passenger and slipped when she was moving some pool chairs. She suffered a fractured knee and underwent 6 surgeries in 1 1/2 years. The attorneys for Kaba argued the cruise line installed a resin surfaced pool deck that “was hard and slippery as ice.” They said Carnival knew about numerous previous accidents on the same surface and on other ships and did nothing to make the surface safe.

Carnival conceded liability and setting up a bench trial on damages alone. U.S. District Judge Ursula Ungaro found damages of just under $3 million: $1.96 million for future non-economic damages; $595,476 for past and future medical expenses; $200,000 for pain and suffering; $170,500 for loss of earnings capacity and $72,198 for prejudgment interest.

Thanks to miamishipping law for the above.

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2 thoughts on “The perils of running high deductibles

  1. John – I set the blog up last year when I did a website social media overhaul, but neevr really promoted it. The offer on LinkedIn may mean that the blog gets more traffic as I can clean all spam out either through the antispam on here or by not approving comments!

    The context of this topic was after Carnival took out its current $ 10 million P&I deductible (before Costa Concordia!) – this sort of casualty would have goven rise to a claim under their old placing structure: not now. I can only think of a couple who have more than $ 1 million – a couple of big tanker operators I think – maybe Moller/Maersk too?

  2. Roger,
    I thought I would take you up on your invitation to the Linkedin group, but I don’t see any recent posts. However, I have some experience with the subject of this post. A $3 million verdict for a spinal, elbow, or knee injury is not uncommon in New York, especially if complications set in and multiple surgeries are required. Often, the only realistic defense strategy is to bring in as many parties as possible in an attempt to spread the loss. Of course, that kind of strategy takes time and generates fees.

    Do many shipowners have deductibles over $1 million?

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