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Nevertheless, for Donald and Patricia Gillingham, a senior duo from Montana, their envisioned cruise swiftly transformed into an ordeal during their stopover in Ketchikan, Alaska.
Ketchikan can be found on Revillagigedo Island close to the southeastern tip of Alaska. Despite being a modest harbor with a populace of about 8,000 residents, it remains a favored destination on Alaskan travel itineraries, offering numerous activities for voyagers.
Because of mobility issues, the 91-year-old Donald chose to lease a scooter to facilitate movement around the bustling port during their sojourn on September 9, 2023. However, while on a communal bus, Donald’s scooter toppled over during a left turn, causing severe harm from the fall.
The duo was oblivious to the severity of the man’s injuries until they returned to their cruise vessel. He received medical assessment from proficient healthcare personnel in the ship’s onboard clinic, although the identity of the ship remains undisclosed, and once more during a subsequent port visit in Juneau, Alaska at the Bartlett Regional Hospital.
At the medical facility, medical practitioners diagnosed the elderly cruiser with three fractured ribs and a punctured lung.
The pair is currently pursuing legal action against the Ketchikan Gateway Borough, the entity overseeing the buses. The submission was lodged in a federal court in Alaska on May 8, 2024, asserting one count of negligence and one count of impairment of familial ties.
The submission articulates that Ketchikan’s public buses are equipped with restraints to avoid mishaps like this, but the compliance with these restraints is not enforced. By not properly securing mobility apparatus similar to Donald’s scooter, the lawsuit claims that the borough is neglecting its responsibility of ensuring the safety of its passengers.
“The transit system policy of the Ketchikan Gateway Borough states: ‘All buses have areas close to the entrance designated for elderly individuals and passengers with limited mobility, as well as designated regions for mobility apparatus.’ Nevertheless, this policy makes no mention, nor does it explicitly mandate or advise the use of accessible restraints to secure mobility equipment during bus operation,” as per the submission.
The Gillinghams adhered to the directives from the bus driver on parking his scooter, yet were not prompted to utilize the restraints, as the Ketchikan Public Transit System currently lacks a protocol that mandates their use. The litigation alleges that had the restraints been correctly employed, the accident would have likely been averted.
The failure of the Ketchikan Gateway Borough to establish or enforce a policy necessitating the use of restraints for securing mobility equipment, combined with the driver’s neglect to advise on their usage, directly contributed to the accident and Mr. Gillingham’s injuries,” the submission elaborates.
The consortium accusation was made on behalf of Donald’s wife, Patricia, who contends that the physical and emotional distress experienced by her spouse has negatively impacted their marital relationship.
Further Reading: Passenger Initiates Legal Proceedings Against Cruise Line Post Unexpected Donkey Mishap
At present, Gillingham’s legal representatives – Mark and Jon Choate from Choate Law Firm LLC – have not publicly addressed the case.
Ketchikan Borough Manager Ruben Duran revealed in an email to KTOO, a local Alaskan news outlet, that he was informed of a probable lawsuit but had not received any formal notification as of yet.
To What Extent Can Cruise Lines Ensure Passenger Safety While Docked?
Across various prominent cruise companies, the well-being and security of all passengers and crew are of utmost importance. Vessels typically boast their security teams aboard and surveillance systems in place to monitor public areas swiftly and handle potential risks, andHolistic healthcare facilities for addressing ailments or traumas that arise while sailing.
Upon docking, cruise companies have significantly reduced influence over the surroundings, thereby constraining their capacity and obligation to safeguard passengers. Generally, cruise vessels are mainly obligated to furnish secure means for travelers to embark and disembark at each port of call.
Many cruise liners also commit to ensuring they will await passengers participating in any land outings arranged through the cruise company in cases of delay, and typically provide a wide array of pursuits at each cruise terminal.
Delve Deeper: Implications of Missing Your Cruise Ship
However, these expeditions are generally managed by external vendors. While the cruise lines typically scrutinize these providers diligently, travelers who encounter unsafe situations during their booked excursions might face challenges in holding their cruise service accountable, as the argument could pivot on the independent tour agency bearing the responsibility.
Likewise, cruise operators may deflect culpability for injuries caused by their staff if the ship’s management had exercised reasonable caution and couldn’t have predicted the employee’s behavior – and it’s customary for crew members to undergo rigorous interviews, background assessments, and training before embarking on their maritime duties.
Despite that, mishaps are infrequent, and in instances where they occur, cruise entities often adopt measures to offer restitution or rectify the predicament, even if just as a gesture of goodwill.
Ultimately, passengers also bear a duty for their personal safety, especially when ashore. If any situation appears hazardous or dubious, voyagers should rely on their discretion in deciding on the next steps and not shy away from voicing their apprehensions.
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