A Calif. nurse downed 14 tequila shots on a Carnival cruise, blacked out and sued. A Miami jury just gave her $300K
A Carnival Cruise passenger who injured herself after she consumed at least 14 tequila shots on a vacation cruise has won $300,000 in a lawsuit against the cruise company.
Diana Sanders, a nurse from Vacaville, California, filed a lawsuit against Carnival stating that her inebriation was caused by “over-service of alcohol” by staff, after which she suffered “a severe fall,” the Miami Herald reported (1).
The incident occurred on the Carnival Radiance in January 2024, and her fall caused her “severe injuries,” including “concussion, headaches, a possible traumatic brain injury, back injuries, tailbone injuries, bruising, and other injuries,” the complaint said.
Sanders was traveling with two friends on a cruise from Los Angeles, and all three had paid for a “Cheers!” drink package that allows 15 alcoholic drinks in a 24-hour period, her lawyer, Spencer M. Aronfeld, told the New York Times (2).
According to Aronfeld, Sanders consumed the drinks between 2:58 p.m. and 11:37 p.m., at four different bars on the cruise ship. The lawsuit claimed that the Carnival bartenders should not have served her while she was visibly intoxicated. (2)
Carnival argued in court that since Sanders failed to identify any staff member who over-served her, “the over-service of alcohol count should be dismissed for failure to sufficiently identify a negligent employee.” (1)
Carnival also argued that Sanders “did not vomit, stumble, sway, or sleep at any of the bars” she was at and “did not appear as if she was going to pass out while at the casino bar.” (2)
However, Sanders’ lawsuit said she was “swaying, stammering, slurring her speech, had alcohol on her breath, and was acting belligerent while she was in plain view of the crew members serving her these alcoholic beverages.”
The jury “agreed with the plaintiff’s argument that Carnival’s crew members had a duty to exercise reasonable care for the safety of its passengers,” the Miami Herald reported. She was awarded $300,000 in damages, more than the $250,000 the lawsuit asked for. (1)
Carnival “respectfully disagrees with the verdict” in Sanders’ case, and would pursue an appeal. (1)
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The website (3) for Sanders’ lawyer, Spencer M. Aronfeld, which describes his firm as “Miami’s premier cruise ship injury, accident, and personal injury attorneys,” notes that cruise ships often offer “all-you-can-drink packages” that “oftentimes encourage passengers to consume alcohol, often more than they would if they were paying per serving.”
Sanders’ lawsuit said that “to maximize revenue, Carnival deliberately designs its vessels … to ensure that there are alcohol serving stations in every nook and cranny of the ship,” the Miami Herald reported. It also said Carnival “deliberately does as much as possible to encourage and facilitate alcohol consumption aboard its vessels.” (1)
Last year, the fiancée of a Southern California man sued cruise line Royal Caribbean; the lawsuit said the man died onboard after he was served 33 alcoholic drinks in less than 12 hours, and that the crew used excessive force to subdue him, the Miami Herald reported in a separate story (4). The lawsuit alleged that the “Deluxe Beverage Package,” which the man bought, “encourages its passengers to over-consume [beverages], including alcohol.”
But cruise ship’ bartenders don’t typically cut off guests from drinks the way bartenders on land do because unlimited drinks is one of the appeals (and moneymakers) of cruise ships.
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Miami Herald (1),(4); The New York Times (2); Aronfeld (3)
This article originally appeared on Moneywise.com under the title: A Calif. nurse downed 14 tequila shots on a Carnival cruise, blacked out and sued. A Miami jury just gave her $300K
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