Does an intoxicated passenger have the right to sue?

This week in the news saw an article about an lady who had fallen from her balcony whilst on board the Carnival Destiny in 2012 and is now suing the cruise line for delaying her rescue by 90 minutes before turning round to find her and then failure to adequately treat her.

The story goes Sarah was celebrating her 30th Birthday on board and the night she fell off the stateroom balcony, she had been heavily drinking with her friends and she had only stepped out for some fresh air. The next thing she knew she had fallen over the side and plummeted into the water and was left to watch the ship sail off into the distance. One of her friends raised the alarm and after viewing the CCTV the ship turned round to find her and then pulled her out of the sea and into safety on the ship.

A stateroom balcony railing on on a cruise tends to be 4 feet high – so for the average person this is over waist height and unless climbing over or messing around near the railing then it is very difficult to climb over. The balconies have either a metal or plexi glass front so you are unable to full through the front.  Majority of all overboard incidents occur because of alcohol, suicide or messing about around the balcony.

Do you think this lady has the right to sue the cruise line? ? She has admitted she had consumed an  excessive amount of alcohol, and so must have been messing about on the balcony to have fallen over a 4 ft high balcony railing. If she can prove the barman had served her knowing full well she was too intoxicated and was pushing drinks on to them then maybe she has a case, but she fell from her stateroom balcony so was she drinking in her cabin with her own alcohol she had taken on board?  Why did she not say no to buying anymore drinks of the barman? Everybody knows their own limits to alcohol.

Her friend has claimed the captain of the Destiny refused to turn round for 90 minutes until a search of the ship had been completed.  Sarah has also accused the cruise line of not looking after her injuries correctly – she had suffered multiple broken bones, lung contusions and blood clots. The ships medical doctor only gave her was some pain relief and she was also apparently refused to be air lifted to Miami and instead the ship was diverted to Key West. Did the ship fail in their duty of care towards the passenger?

Let me know your thoughts on this story.