June 10, 2014
Jane Doe v. Carnval Corporation
In this complaint, our knowledgeable maritime attorneys pursue damages against Carnival for injuries sustained by a passenger who slipped and fell on a wet dance floor in a night club onboard. The Plaintiff alleged that the slipper floor constituted a dangerous condition about which Carnival knew or should have known. Carnival’s failure to warn the Plaintiff or remedy the dangerous condition caused her injuries.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
1. Plaintiff is a citizen of the state of California.
2. Defendant, Carnival Corporation (“Carnival”) is a foreign corporation having its principal place of business in Miami, Florida.
3. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. 1332.
4. In the event this matter does not come under diversity jurisdiction of the court, then this matter is being brought under the admiralty and maritime jurisdiction of the court.
5. Defendant Carnival, at all times material hereto, personally or through an agent:
a. Operated, conducted, engaged in or carried on a business venture in this state and/or country or had an office or agency in this state and/or country;
b. Was engaged in substantial activity within this state;
c. Operated vessels in the navigable waters of this state;
d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081(5), 48.181 or 48.193;
e. The acts of Defendant set out in this Complaint occurred in whole or in part in this county and/or state;
f. Defendant, as a common carrier, was engaged in the business of providing to the public and to Plaintiff in particular, for compensation, vacation cruises aboard the vessel, Carnival Imagination.
6. At all times material hereto, Defendant Carnival is subject to the jurisdiction of the Courts of this state.
7. At all times material hereto, the causes of action asserted in this Complaint arise under the General Maritime Laws of the United States.
8. At all times material hereto, Defendant Carnival owned, operated, managed, maintained and/or controlled the Carnival Valor.
9. On or about June 23, 2013, Plaintiff was a paying passenger on the vessel, which was in navigable waters.
10. On or about the above date, while aboard the vessel, Plaintiff suffered serious personal injuries when she slipped and fell on a wet floor in a nightclub aboard the vessel as a result of the negligence of Defendant, Carnival.
COUNT I – NEGLIGENCE
Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one (1) through ten (10) as though alleged originally herein.
11. It was the duty of Carnival to provide Plaintiff with reasonable care under the circumstances.
12. On or about October 21, 2013, Carnival and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
13. Plaintiff was injured due to the fault and/or negligence of Carnival and/or its agents, servants, joint ventures and/or employees as follows:
a. Failure to provide passengers, including Plaintiff, with a walking area free of slipping hazards, and/or;
b. Failure to select and/or maintain a reasonably safe walking surface, in light of its anticipated purpose; and/or
c. Failure to promulgate and/or enforce adequate policies and procedures regarding maintaining a reasonably safe walking surface in a clean and dry condition;
d. Failure to maintain a reasonably safe walking area where Plaintiff slipped and fell, and/or;
e. Failure to identify the slipping hazard(s) which caused Plaintiff to slip and fall, and/or;
f. Failure to adequately inspect the area where Plaintiff suffered her accident;
g. Failure to warn Plaintiff of the slipping hazard(s) posed to her, and/or
h. Failure to warn Plaintiff of the risk(s) and/or hazard(s) posed to her due to the lack of adequate maintenance and/or inspection of the area where she suffered her accident, and/or;
i. Failure to maintain the area, where Plaintiff suffered her accident in a reasonably safe condition, and/or;
j. Failure to correct the hazard(s) which caused Plaintiff to suffer her accident, despite knowing of those hazards for a sufficient length of time, and/or;
k. Failure to eliminate and/or modify the hazard(s) which caused Plaintiff to suffer her accident, and/or;
l. Failure to close off access to the area where Plaintiff suffered her accident, despite knowing of danger in the area caused by a wet flooring surface, and/or;
m. Failure to test floor area to ascertain co-efficiency of friction to determine whether flooring surface was reasonably safe for its intended use; and/or
n. Failure to ascertain whether floor area meets applicable standards, such as ASTM F1166; and/or
o. Failure to ensure that the area of Plaintiff’s fall was adequately lit, so that any hazards on the flooring surface would be reasonably visible to passengers; and/or
p. Failure to erect signs warning Plaintiff of the wet condition of the flooring surface; and/or
q. Failure to ascertain the cause of prior similar accidents occurring on any of the Defendant’s vessels fleet wide so as to take adequate measures to prevent their reoccurrence, and more particularly Plaintiff’s accident.
All of which caused and/or contributed to Plaintiff becoming injured when she slipped and fell while walking in the nightclub onboard the vessel.
14. At all times material hereto, Carnival had exclusive custody and control of the vessel.
15. At all times material hereto, Carnival violated the International Safety Management Code’s goals and intent and failed to properly, adequately and safely implement the International Safety Management Code, and by extension, its own SQM Manual.
16. At all times material hereto, Carnival failed to have an adequate Safety Management System Manual aboard the vessel, and/or failed to properly implement the Safety Management System Manual aboard the vessel.
17. As a result, all of the above caused and/or contributed to Plaintiff being injured when she suffered a slip and fall accident while onboard the vessel.
18. Carnival knew of the foregoing conditions causing Plaintiff’s accident and did not correct them, or the conditions existed for a sufficient length of time so that Carnival, in the exercise of reasonable care under the circumstances, should have learned of the conditions and corrected them.
19. As a result of the negligence of Carnival, Plaintiff was injured about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, disability, disfigurement, physical handicap, post-traumatic stress disorder and other mental and/or nervous disorders, suffered the aggravation of any previously existing conditions, incurred medical expenses in the care and treatment of Plaintiff’s injuries, inconvenience in the normal pursuits and pleasures of life, lost earnings and earning capacity past and future, and feelings of economic insecurity. Plaintiff also lost the benefit of her entire vacation, cruise and transportation costs. Further, the injuries resulting from her fall are permanent and/or continuing in nature and Plaintiff will suffer these losses and impairments into the future.
WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law and trial by jury.
RESPECTFULLY SUBMITTED, LIPCON, MARGULIES, ALSINA & WINKLEMAN, P.A. Attorneys for Plaintiff One Biscayne Tower, Suite 1776 Miami, Florida 33131 Telephone: (305) 373 – 3016 Facsimile: (305) 373 – 6204
By: /s/Eric C. Morales
ERIC CHARLES MORALES
Florida Bar No. 91875
MICHAEL A. WINKLEMAN
Florida Bar No. 36719
Date: June 10, 2014