<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Steve45:
My wife and I went on a cruise on Feb. 28, leaving from Miami to the Bahamas and private islands. On the second day of the cruise, we went to the cruise lines - "private island", for a day of sun, fun, etc. This was a corporate cruise and there were several people on the island that I knew. Since there were volleyball games going on, I decided to join one, since volleyball is /was one of my favorite sports. Unfortunately, after a very few minutes after joining the game, as I went for the ball, there was a deep sand divit that when I jumped up and came down in the divit, I twisted my knee, and my kneecap hit a rock when I fell forward. I did extreme damage to my knee, had to have surgery after returning home, and I am still in physical therapy. I am a President of a corporation, and am a hands on leader. I still have great pain, stiffness, and limited range and motion. My job requires a lot of time on my feet (operating restaurants), and I am concerned about my future, since I am 45 and not getting younger. I feel that the cruise line was negligent, with the fact that the sand was not raked and level, and that there was a rock that was on the playing ground. Although there could be many more details written here, my question is; should I make a claim for settlement against the cruise line for negligence. It is not as much the current pain and suffering but what about the future. My job requires me to be in the restaurants daily, on my feet, and I drive long distances , where I still stiffen up.
What is my chances of recovery of a settlement? <HR></BLOCKQUOTE>
My response:
(Just some quick side-questions: Your wife doesn't happen to have an ex-husband who owns a 3,500 sq.ft. house, does she?. And she isn't the one who took her kids with her to the Bahamas over the Father's Day weekend, did she - really pissing off a male writer on the Family Law Board?)
Anyway, on to your questions. Only going by the facts as you supplied, unless the island and/or the beach are owned by the cruise ship company, there wouldn't be any potential for premises (Island) liability. Now, I say "potential" for a reason. Sand divots are a natural condition, along with its rocks, which are also created by sport play. There's no liability for allowing nature to take its course; e.g., allowing rocks to remain in place, or any other natural occurrence. In summary, I don't believe there is any negligence on the part of the cruise line because you knew, or should and could have known, that beach sand conditions cannot be controlled for its natural or sport-created conditions - - you accepted the risk, only if the conditions of the sand were not "increased" by the owner of the beach - - e.g., did the owner dig the divots? Did the owner "salt" the beach with rocks?
Hope you feel better soon.
IAAL
------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."
