B.M., Plaintiff, v. ROYAL CARIBBEAN CRUISES LTD.,

Lipcon, Margulies, Alsina & Winkleman, P.A

March 5, 2015

IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.                                                     

B.M.,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES LTD.,

Defendant.

                                                                        /

 

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff hereby sues Defendant and alleges as follows:

JURISDICTIONAL AND PRELIMINARY ALLEGATIONS

  1. Plaintiff, B.M., is a citizen of the state of Massachusetts.
  2. Defendant, ROYAL CARIBBEAN CRUISES LTD., is a foreign entity with its principal place of business in Florida.
  3. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. § 1332. In the alternative, if diversity jurisdiction does not apply, then this matter falls under the admiralty and maritime jurisdiction of this Court.
  4. At all times material hereto, Defendant personally or through an agent:
    1. Operated, conducted, engaged in or carried on a business venture in this state and/or county or had an office or agency in this state and/or county;
    2. Was engaged in substantial activity within this state;
    3. Operated vessels in the waters of this state;
    4. Committed one or more of the acts stated in Florida Statute §§ 48.081, 48.181 and/or 48.193;
    5. The acts of Defendant set out in this Complaint occurred in whole or in part in this county and/or state.
    6. The Defendant was engaged in the business of providing to the public and to the Plaintiff in particular, for compensation, vacation cruises aboard its vessel.
  5. Defendant is subject to the jurisdiction of the Courts of this state.
  6. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
  7. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel, the Oasis of the Seas.
  8. On or about May 23, 2014, the Plaintiff was a paying passenger on Defendant’s vessel which was in navigable waters.
  9. On or about May 23, 2014, the Plaintiff was severely injured while participating in the zip line activity onboard the Oasis of the Seas.

COUNT I – NEGLIGENCE

Plaintiff realleges, incorporates by reference, and adopts the allegations set forth in paragraphs one through nine (9) as though alleged originally herein.

  1. At all times material hereto, it was the duty of Defendant to provide Plaintiff with reasonable care under the circumstances while she was a passenger aboard Defendant’s ship.
  2. On or about May 23, 2014, the Plaintiff was injured due to the fault and negligence of Defendant and/or its agents, servants and/or employees, as follows:
    1. Failure to properly configure the zip line in light of the area in which it would be used; and/or
    2. Failure to provide a mechanism for riders to slow down as they approach the end of the zip line; and/or
    3. Failure to provide a reasonably safe landing area for the zip line activity; and/or
    4. Failure to provide a landing area with sufficient padding for the zip line activity; and/or
    5. Failure to have sufficient space for passengers to land safely when participating in the zip line activity; and/or
    6. Failure to adequately instruct passengers (including the Plaintiff) concerning the proper way to land when zip lining; and/or
    7. Failure to adequately warn passengers (including the Plaintiff) concerning the dangers and risks associated with not landing correctly when zip lining; and/or
    8. Failure to adequately warn passengers (including the Plaintiff) concerning the dangers and risks associated with participating in the zip line activity; and/or
    9. Failure to adequately supervise passengers participating in the zip line activity; and/or
    10. Failure to adequately supervise crewmembers operating the zip line activity; and/or
    11. Failure to adequately staff the zip line activity with adequate personnel; and/or
    12. Failure to provide adequate assistance to passengers (including the Plaintiff) while engaging in the zip line activity; and/or
    13. Failure to adequately train crewmembers operating the zip line activity; and/or
    14. Failure to have adequately trained crewmembers at the end of the zip line to aid riders and/or slow them down as the approach the end of the zip line; and/or
    15. Failure to promulgate and/or enforce adequate policies and/or procedures to ensure the reasonably safe use of the zip line activity for passengers; and/or
    16. Failure to correct hazardous conditions following other incidents involving passengers being injured while participating in the zip line activity aboard Defendant’s vessels; and/or
    17. Failure to implement the well-known standards of theme park attraction design and ergonomics in the construction, maintenance and operation of the zip line attraction.
  3. As a direct and proximate result of the negligence of Defendant, the Plaintiff was directly and proximately caused to be severely injured while participating in the zip line activity onboard the Oasis of the Seas.
  4. Defendant 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 Defendant, in the exercise of reasonable care under the circumstances, should have learned of them and corrected them.
  5. As a direct and proximate result of the negligence of Defendant, the Plaintiff was injured about her body and extremities, suffered physical pain and suffering, mental anguish, loss of enjoyment of life, physical disability, impairment, inconvenience in the normal pursuits and pleasures of life, feelings of economic insecurity caused by disability, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of her injuries including psychiatric care, suffered physical handicap, lost wages, income lost in the past, and her working ability and earning capacity has been impaired. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation costs.

          WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against the Defendant, including punitive damages, and demands jury trial of all issues so triable.

Respectfully submitted,

LIPCON, MARGULIES,

ALSINA & WINKLEMAN, P.A.

Attorneys for Plaintiff

One Biscayne Tower, Suite 1776

2 South Biscayne Boulevard

Miami, Florida 33131

Telephone No.: (305) 373-3016

Facsimile No.: (305) 373-6204

      By:   /s/ Jason R. Margulies                        

JASON R. MARGULIES

Florida Bar No. 57916

JACQUELINE GARCELL

Florida Bar No. 104358