Cruise line sued because deck was too hot?
Kurt Gies Sues Carnival
Going on a cruise is a lot of fun for many people. They love the idea of being on a massive floating hotel and restaurant with plenty of action and entertainment right outside the cabin door. Kurt Gies was looking forward to his trip aboard a Carnival ship in 2012. It’s a case that has a lot of elements that seem as if they might be more at home in a movie starring Steve Carrel or Zach Galifianakis than something from life.
Getting Burned
When Gies was aboard the ship, he decided to enter a contest. It wasn’t a dance contest or a crab leg eating contest. Instead, it was about finding the hairiest man on the ship. That’s right, the contest was to find out which of the fellas on the ship had the most in common with a sasquatch.
The contest was held on the lido pool deck, and apparently, the deck was extremely hot that day – burning hot, according to Gies. He and his hirsute compatriots were standing there awaiting judgement, apparently from people who know a lot about how to best judge their hairy brethren, and his feet were burning. In fact, he says that he received severe burns on his feet because of the heat on the deck.
Due to those alleged injuries, he sued Carnival Cruise Lines, claiming injuries, pain, and mental anguish. His attorney claims that the problem was quite serious, and that his feet were severely burned. They were so burned that they also eventually developed an infection, and the treatment he received was not adequate.
What Does Carnival Say?
Carnival had a different story, and they did not believe the plaintiff’s claims. There was video of the contest, and it showed a number of people on the deck at the time, including Gies. He does not appear to be in any pain at the time of filming the video. They also say that there is no record of anyone reporting to the medical center on board the ship with burns on the feet.
Initially Gies said that there were Carnival employees that had laid down towels on the deck for people to walk on. However, he says that they removed the towels before the contest, and that was when he got burned.
Gies also says that the scarring on his feet is permanent, and that they are disfiguring. He also says that the scars are a source of embarrassment. He wanted damages that would cover his medical costs. He also says that he lost the value of his vacation.
Whose Fault Is It?
If the plaintiff really suffered the injuries he claims during the contest, is it the fault of Carnival that the deck got so hot? If other people were in the contest as well, and they were barefoot, it seems as if they would have been injured as well. In addition, if the surface was so hot, couldn’t Gies have simply refused to participate or worn sandals?