Last Lion Posted October 18, 2023 Report Share Posted October 18, 2023 We are loyal to Royal but occasionally try other cruise lines. Two weeks ago- on another cruise line- I bit into a seafood cake that contained an olive pit. It loosened my tooth implant to the point that it fell out two days later. Much apologies from the crew members I dealt with. Medical report at the onboard medical clinic. Security report filed. Guest Services notified and they gave me a $200 FCC as a sign of goodwill since I only had half a mouth for the last two days of the cruise. Since returning home, I have seen my dentist and periodontist. Bottom line is a new implant is required. Cost approximately $7,000 Canadian. About 14 months to complete. My question is what can I expect from the cruise line wrt compensation and what records do I need to produce? There is no doubt the cause of the damage. If it matters legally, we were alongside in San Francisco. At a minimum I expect the cost of the new implant to be covered and some form of FCC for the misery of going through this procedure again. What say you? , RCIfan1912 1 Quote Link to comment Share on other sites More sharing options...
smokeybandit Posted October 18, 2023 Report Share Posted October 18, 2023 This is what travel insurance would be used for. Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 Yes I have travel insurance but that seems to be for emergency dental treatment. This is not an emergency per se. Quote Link to comment Share on other sites More sharing options...
Jolly Ogre Posted October 18, 2023 Report Share Posted October 18, 2023 I would bet you will get nothing from the cruise line. If you have to you will have to try and sue for damages. Hire an attorney. Linda R, TessFromFlorida and RCIfan1912 3 Quote Link to comment Share on other sites More sharing options...
Linda R Posted October 18, 2023 Report Share Posted October 18, 2023 16 minutes ago, Jolly Ogre said: I would bet you will get nothing from the cruise line. If you have to you will have to try and sue for damages. Hire an attorney. I agree, do not think the cruise line will do anything. So sorry you are going thru this. RCIfan1912 1 Quote Link to comment Share on other sites More sharing options...
Ryan79 Posted October 18, 2023 Report Share Posted October 18, 2023 If you accepted the $200 FCC, that can be viewed as your out of court settlement with the cruise line. If you want more $$, you are going to have to hire an attorney. No way around that RCIfan1912 1 Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 No the FCC was not a settlement of any sort just their way of compensating me for two far less enjoyable days remaining on the cruise. Just a goodwill gesture on their part unrelated to the other reports I filed. Quote Link to comment Share on other sites More sharing options...
smokeybandit Posted October 18, 2023 Report Share Posted October 18, 2023 50 minutes ago, Jolly Ogre said: I would bet you will get nothing from the cruise line. If you have to you will have to try and sue for damages. Hire an attorney. Which would end up costing a lot more than the cost of the implants. CruiseGus 1 Quote Link to comment Share on other sites More sharing options...
AlmondFarmer Posted October 18, 2023 Report Share Posted October 18, 2023 Did the incident happen at 2:30? This is a very common time to need dental help. Bazza, VeronicaS1970, 4ensic and 2 others 2 3 Quote Link to comment Share on other sites More sharing options...
Atlantix2000 Posted October 18, 2023 Report Share Posted October 18, 2023 1 hour ago, Last Lion said: No the FCC was not a settlement of any sort just their way of compensating me for two far less enjoyable days remaining on the cruise. Just a goodwill gesture on their part unrelated to the other reports I filed. To you it may have looked like a goodwill gesture, but legally it may now be considered an accepted settlement. That's why everyone is saying you'll need to talk to an attorney. Linda R, Ryan79 and CrimsonCruiser 3 Quote Link to comment Share on other sites More sharing options...
CanHardlyWait Posted October 18, 2023 Report Share Posted October 18, 2023 1 hour ago, Last Lion said: No the FCC was not a settlement of any sort just their way of compensating me for two far less enjoyable days remaining on the cruise. Just a goodwill gesture on their part unrelated to the other reports I filed. Point is legally accepting a FCC could be argued as accepting as a settlement. Don't touch it. Contact an attorney. The most you want to invest is having an attorney contact Royal looking for something. I would not go beyond that. Royal can bury you in legal fees. Linda R, CruiseGus and Ryan79 3 Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 The other reports I filed leave this issue open until I return home to consult my dentist/ periodontist. Quote Link to comment Share on other sites More sharing options...
Geezer Of The Seas Posted October 18, 2023 Report Share Posted October 18, 2023 You don't mention the cruise line involved. You might begin by reading your ticket contract if you printed it. If they are like Royal Caribbean, information regarding filing of liability claims, whether or not such claims are addressed by binding arbitration rather than a judicial process, and what legal venue any action should be brought if pursued through the legal system might be detailed. Unfortunate incident to be sure. Where you were when the incident happened is not likely relevant. Quote Link to comment Share on other sites More sharing options...
VeronicaS1970 Posted October 18, 2023 Report Share Posted October 18, 2023 I am sorry this happened to you. But as a dental professional, I am having a hard time believing that you biting an olive pit would cause your implant to fail unless it had issues prior. I think even if you try to get further compensation, you may have a tough go of it. No implants are not infallible, the crown breaking, maybe. The implant itself failing, unlikely without an underlying issue. Qeyton Dude, Tess3, Vancity Cruiser and 3 others 5 1 Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 The implant was placed six years ago with no prior issues. Annual checkups showed nothing as well. Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 Not Royal Caribbean. Filing of liability would be in LA. Small claims court there goes up to $10,000 USD. Covers it. And no lawyers allowed in their small claims court. But hope like heck it doesn’t come to that! Quote Link to comment Share on other sites More sharing options...
twangster Posted October 18, 2023 Report Share Posted October 18, 2023 19 minutes ago, Last Lion said: Not Royal Caribbean. Filing of liability would be in LA. Small claims court there goes up to $10,000 USD. Covers it. And no lawyers allowed in their small claims court. But hope like heck it doesn’t come to that! Please update this thread as this progresses. It interesting that small claims court is available based on the cruise contract. But I'm not an attorney and I don't play one on TV so I'd love to learn from your experience as this progresses. CrimsonCruiser 1 Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 18, 2023 Author Report Share Posted October 18, 2023 The key point in the cruise contract is that any legal action must take place in LA- not in any other city, state, or country. We are getting ahead of ourselves though. Only tomorrow will I contact the cruise line to inform them of incoming. Yes it is kind of fascinating. Quote Link to comment Share on other sites More sharing options...
smokeybandit Posted October 18, 2023 Report Share Posted October 18, 2023 I would imagine cruise lines see this kind of stuff all the time, both warranted and unwarranted. I'll be curious how they respond. AlmondFarmer 1 Quote Link to comment Share on other sites More sharing options...
AlmondFarmer Posted October 19, 2023 Report Share Posted October 19, 2023 39 minutes ago, smokeybandit said: I would imagine cruise lines see this kind of stuff all the time, both warranted and unwarranted. I'll be curious how they respond. Also curious. Especially if incident happened at 2:30. Tooth-Hurty my 6 year old insisted I repost this. SweetPea, WAAAYTOOO and CrimsonCruiser 1 2 Quote Link to comment Share on other sites More sharing options...
smokeybandit Posted October 19, 2023 Report Share Posted October 19, 2023 14 minutes ago, AlmondFarmer said: Also curious. Especially if incident happened at 2:30. Tooth-Hurty my 6 year old insisted I repost this. Your 6 year old self, you mean? WAAAYTOOO, BigKarl, Gilley and 4 others 1 5 1 Quote Link to comment Share on other sites More sharing options...
bobroo Posted October 19, 2023 Report Share Posted October 19, 2023 I think pain and suffering began when the chef made a seafood cake that had olives in the recipe…YUCK! Vancity Cruiser 1 Quote Link to comment Share on other sites More sharing options...
Geezer Of The Seas Posted October 19, 2023 Report Share Posted October 19, 2023 18 hours ago, Last Lion said: My question is what can I expect from the cruise line wrt compensation and what records do I need to produce? , Not an identical situation but....... My younger brother fractured 2 crowns on a bone fragment in a deli sandwich he bought from a grocery deli. He took the sandwich remains and the bone fragment to the store. Spoke with 2 managers who documented his story. Long story short, the store loss prevention department punted the claim to the meat supplier, who punted it back to the store chain. In the end he received a payment for the cost of the repair procedures less his deductibles. He supplied all documentation including Xray copies obtained from the dentist (the claim was paid after treatment and in a fairly timely fashion). Cactus527 1 Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 19, 2023 Author Report Share Posted October 19, 2023 I think you have hit on the key to success. Document the event fully including X-rays, dental , witness reports, etc. Quote Link to comment Share on other sites More sharing options...
Crown&AnchorEsq Posted October 21, 2023 Report Share Posted October 21, 2023 As a caveat: I am not licensed in California. I am an attorney but this does not constitute legal advice nor has any attorney-client relationship been formed. For right now, definitely document everything and make copies. If you can avoid it, do not use the FCC. It is unlikely to constitute a settlement and release of liability but that does not mean someone will not try to make that argument later on. As mentioned above, the cruise contract is the first place to look to see limitations on liability and forum selection clauses. For example, RCL requires Federal Court in Miami unless the Federal court lacks jurisdiction in which case it has to be another court in Miami-Dade . Certain claims also need to go to Arbitration. From what you are saying it sounds like involved line here requires any and all claims to be brought in LA. You may want to also check if there is a time limit for claims to be brought in court or for written notice to be sent. Make sure you comply with those provisions and do not assume that the preparation of a report onboard constitutes the required notice of claim. As for what you can get, it sounds like you have the goodwill answer already. As a very general proposition you will need to show that the olive pit was carelessly left in the food, that it was not reasonable for the pit to remain in the food, and that it actually caused the injury. From there the reasonable costs to repair the injury and pain and suffering should theoretically be compensable. As many have said, its probably best to consult with an attorney (probably a CA-licensed one from the sounds of it). With that said, involving an attorney is likely to turn the process adversarial quickly so it might be worth evaluating what sort of relationship you want to have with that particular cruise line. I broke my hand in CocoCay last year, two surgeries, $50,000(mostly paid by insurance) and a year of OT later my hand still is not the same. Could I have asserted a claim? Sure, but I plan to sail a lot more with RCL and it was not worth it for me. If you are actually going to be out of pocket 14k or do not care about your relationship with that line, the math might add up different. Quote Link to comment Share on other sites More sharing options...
Last Lion Posted October 21, 2023 Author Report Share Posted October 21, 2023 Great advice. Thank-you. I hope to resolve this amicably with the cruise line in question but proceeding legally is a possibility. Past precedent seems to indicate that small claims court for an uncomplicated case against a cruise line has happened before even if maritime law is applicable. The way I view this is simple. If it comes to it, a judge will yay or nay my claim for recompense to fix the tooth implant. Quote Link to comment Share on other sites More sharing options...
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