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The Independent UK
The Independent UK
World
Mike Bedigan

Cruise passenger wins $300K lawsuit after staff served her 14 shots of tequila – and she fell and injured herself

A California nurse has won a $300,000 lawsuit against cruise giant Carnival Corp., after claiming the ship’s bar staff served her so much tequila she fell over and severely injured herself.

Diana Sanders, 45, was given “at least 14 shots of tequila” in just over eight-and-a-half hours during the cruise from Los Angeles to Hawaii and Mexico in January 2024, according to a lawsuit obtained by The Miami Herald.

“Due to her inebriated state that was caused by this over-service of alcohol ... [Sanders] suffered a severe fall,” according to the complaint.

The fall resulted in “severe injuries, including, but not limited to, a concussion, headaches, a possible traumatic brain injury, back injuries, tailbone injuries, bruising, and other injuries.”

Lawyers for Sanders argued that once she had become visibly intoxicated, she should have been cut off by bartenders.

In their verdict the jury found that 60 percent of the responsibility for the incident lay with Carnival, and 40 percent lay with Sanders.

Crew members had a reasonable duty of care towards Sanders, including “the responsibility ... to supervise and/or assist passengers aboard the vessel who Carnival knew, or should have known, were engaging, or were likely to engage in behavior potentially dangerous to themselves or others abroad the vessel,” according to the documents seen by The Herald.

She was awarded $300,000 in damages, exceeding the $250,000 requested.

The Independent has contacted Carnival Corp. for comment on the case and verdict.

“Carnival Corporation respectfully disagrees with the verdict and believes there are grounds for a new trial and appeal, which it will pursue,” a spokesperson for the cruise company told The Herald.

The company had previously sought to dismiss the lawsuit, arguing that Sanders “fails to identify any crew member who over-served her or which bar she consumed alcohol at for Carnival to have the ability to identify its bartenders” according to court documents.

“Therefore, the over-service of alcohol count should be dismissed for failure to sufficiently identify a negligent employee.”

Carnival’s lawyers added that Sanders “does not sufficiently allege that any crew member knew or should have known that Plaintiff was intoxicated. ... There are no allegations regarding Plaintiff stumbling, sleeping at a bar, slurring her words, or exhibiting any other intoxicated-like behaviors.”

Successful cases of complaints against cruise companies are rare, with many failing even to reach the courtroom.

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