Responsibility - It’s Never My Fault

The tragic news originally came out on July 8. Yahoo reported it with the headline: “Young girl falls to death from cruise ship ‘after being accidentally dropped by grandfather.’” Everyone was shocked and saddened. A little 18-month-old girl from Indiana fell “about 150ft after slipping through her grandfather’s arms as he held her by an open window, according to local media reports.” The family was vacationing on a cruise ship. The incident happened while the ship was docked at San Juan, Puerto Rico.

This sad story might have ended there. But at the time I predicted that lawyers were probably tripping over each other trying to get to the family to convince them that it was not their fault; the cruise line was probably to blame. The family is understandably suffering, and shifting the blame and collecting some compensation would provide some level of closure and relief. The child will not have died in vain if they can use this lesson to make cruise ships safer.

The case would move into the American legal system where they can achieve some sense of relief at no cost to them. Attorneys will take thirty to forty percent of the award or settlement amount, charging nothing if they don’t win. The cruise line need not be shown to be totally at fault; only a small amount of blame will make them legally liable for damages.

Originally, the reports held that the grandfather was holding the toddler on a ledge next to an open window when she wriggled free, he lost his grip and she fell. By the next day the story is changing. They were in an area designed for kids with a wall of windows, which passengers can open. Their attorney says, “She fell because an open glass pane should have been closed securely” and describes the open window as a “hidden hole” in that wall of windows. The grandfather unknowingly placed the child on “the wood railing before the wall of windows, believing Chloe will bang on the glass just like she does at her brother's hockey games, ‘and the next thing he knows, she's gone.’”

The following day an Australian news outlet reports that the family “denied reports the little girl’s grandfather lost his grip on her.” Judging from the pictures accompanying that story, the wall of windows consists of upper and lower panels, each about three feet high with only the upper ones able to be opened. Despite the fact that it is highly unlikely that an 18-month-old could get out of such a window unassisted and that it is strange that a grandfather would be unable to distinguish between an open window and a pane of glass, they insist on placing “significant blame” on the cruise ship. (Are we to believe children commonly plummet out of these hidden holes?)  

In the later reports, see how quickly the baby has a name with cute pictures posted along with pictures of grief stricken parents. This benefits the news media by further sensationalizing the story and benefits the lawyers in the same way.

What will happen next is clear, and this headline tells it all: “Lawsuit likely to be filed by end of month in toddler's cruise ship death.” Would many companies take the risk that a jury, looking at those cute pictures and seeing such pain in the faces of the parents, would decide that the grandfather was careless and there was no reasonable action the cruise line could have taken? No, they will use the “did they do everything possible” argument, a condition no one could live up to. I predict a settlement for an undisclosed amount: happy lawyers, parents somewhat comforted and jurors feeling good about being able to bring about some level of comfort.

It’s happened so many times before. People die of lung cancer after a lifetime of smoking; relatives sue. People get sick from improperly using pesticides; relatives sue. Bartenders don’t take responsibility for their customers. The list goes on, facts don’t matter, no one is responsible and we are no longer surprised.