Kirby vs. Carnival
Mock Trial for HFT 3603
Spring 2013
Catherine Rodriguez
4156924
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. The only thing the doctor did was give her pain relief medicine, which of course will never work for these
Spring 2013
Catherine Rodriguez
4156924
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. The only thing the doctor did was give her pain relief medicine, which of course will never work for these