BCG v NCL (Bahamas) Ltd.

Lipcon, Margulies, Alsina & Winkleman, P.A

December 31, 2014

BCG v NCL (Bahamas) Ltd.

Complaint

This is a complaint filed on behalf of a cruise ship passenger who was severely injured when she slipped and fell on a wet and slippery flooring surface in a public restroom during a cruise with Norwegian Cruise Lines.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION

B.C.G.,
Plaintiff,

v.

NCL (BAHAMAS) LTD.,
Defendant.
                                                                        /

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendant and alleges:

PRELIMINARY ALLEGATIONS

  1. Plaintiff, B.C.G. (“Plaintiff”), is a citizen of Minnesota.
  2. Defendant, NCL (BAHAMAS) LTD. (“Defendant”), is a foreign entity with 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. 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 Statutes §§ 48.081, 48.181 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 the vessel, the Norwegian Getaway.
  6. Defendant is subject to the jurisdiction of the courts of this state.
  7. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
  8. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel, the Norwegian Getaway.
  9. At all material times, Defendant had exclusive custody and control of the vessel, the Norwegian Getaway.
  10. On or about February 25, 2014, the Plaintiff was a paying passenger on Defendant’s vessel which was in navigable waters.
  11. On or about February 25, 2014, the Plaintiff was severely injured when she slipped and fell on a wet and slippery flooring surface in a public restroom aboard the ship.

COUNT I – NEGLIGENCE

Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs one (1) through eleven (11) as though alleged originally herein.

  1. It was the duty of Defendant to provide Plaintiff with reasonable care under the circumstances.
  2. On or about February 25, 2014, Defendant and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
  3. On or about February 25, 2014, the Plaintiff was injured due to the fault and/or negligence of Defendant, and/or its agents, servants, and/or employees as follows:
    1. Failure to maintain the area in a reasonably safe condition; and/or
    2. Failure to maintain the subject floor in a clean and dry condition; and/or
    3. Failure to select and/or adopt reasonably safe flooring surfaces fit for their intended purpose; and/or
    4. Failure to identify and/or change the hazardous flooring surface in the subject area; and/or
    5. Failed to utilize and/or maintain non-slid surfaces in the subject area; and/or
    6. Failure to utilize and/or maintain non-slid floor surface in the subject area; and/or
    7. Failure to have an adequate flooring surface for the subject area; and/or
    8. Failure to warn Plaintiff of the danger of the slippery flooring surface in the subject area; and/or
    9. Failure to inspect the floor at reasonable and adequate intervals so as to discover unclean and/or wet conditions; and/or
    10. Failure to promulgate and/or enforce adequate policies and procedures to inspect the floor at reasonable and adequate intervals so as to discovery unclean and/or wet conditions; and/or
    11. Failure to place rubber mats and/or other non-slip coverings in and around the area; and/or
    12. Failure to put up warning signs or cones warning Plaintiff of the dangerous condition in and around the area; and/or
    13. Failure to promulgate and/or enforce adequate policies and procedures to maintain the subject area in a reasonably safe condition; and/or
    14. Failure to comply with safety codes and standards designed and promulgated to reduce the risk of the type of accident the Plaintiff suffered, from happening; and/or
    15. Failure to have adequate risk management procedures in place designed to reduce the occurrence of the type of accident suffered by the Plaintiff; and/or
    16. Failure to implement available safety and ergonomic standards designed to reduce and/or prevent the type of accident the Plaintiff suffered from happening; and/or
    17. Failure to conduct tests on the flooring area to determine whether it is reasonably safe;

all of which caused and/or contributed to the Plaintiff slipping and falling on a wet and slippery flooring surface in a public restroom aboard the ship.

  1. 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. In addition, Defendant violated the International Safety Management Code and failed to have a proper, adequate and safe Safety Management System Manual (SQM) and/or failed to follower their SQM manual. All the above caused the Plaintiff to be injured.
  2. As a result of the negligence of Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of life, disability, disfigurement, aggravation of any previously existing conditions there from, incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical handicap, lost wages and her working ability has been impaired. The injuries 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 and demands trial by jury.

Respectfully submitted,
LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
One Biscayne Tower, Suite 1776
2 S. Biscayne Boulevard
Miami, Florida 33131
Tel.: (305) 373-3016
Fax: (305) 373-6204

By:   /s/ Jason R. Margulies                        
JASON R. MARGULIES
Florida Bar No. 57916
JACQUELINE GARCELL
Florida Bar No. 104358