September 25, 2013
Jane Doe v. NCL (Bahamas) Ltd.
Our experienced maritime lawyers handle all types of injury claims that occur aboard cruise ships. In this case, a passenger injured her back when the deck chair she sat in collapsed. After looking at the deck chair, the passenger realized that the legs of the chair had rusted through, creating a dangerous situation. To make matters worse, the passenger realized that many of the other chairs on the deck were in the same condition. If you or someone you know is injured due to inadequate maintenance/inspection, or any similar failure on the part of a cruise line, it is important that you contact an experienced maritime attorney like those at Lipcon, Margulies & Winkleman, P.A. as soon as possible.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
NCL (BAHAMAS) LTD.,
A Bermuda Company
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
Plaintiff is a citizen of the state of New York.
2. Defendant, NCL (BAHAMAS) LTD, a Bermuda Company (hereinafter “NCL”), is incorporated in a foreign state and has 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, 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 county or had an office and/or agency in this state and/or county;
b. Was engaged in substantial activity within this state; and/or
c. Operated vessels in the waters of this state; and/or
d. Committed one or more of the acts stated in Florida Statutes, §§ 48.081, 48.181 or 48.193; and/or
e. The acts of Defendant set out in this Complaint occurred in whole or in part in this county and/or state.
f. 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.
Defendant NCL is subject to the jurisdiction of the Courts of this state.
The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
At all times material hereto, Defendant NCL owned, operated, managed, maintained and/or controlled several cruise ships.
On or about December 4, 2012, Plaintiff was a paying passenger on one of Defendant’s vessel, which was in navigable waters. The name of the vessel is presently unknown to Plaintiff, but the Defendant has this information.
COUNT I – NEGLIGENCE
Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs one through nine as though alleged originally herein, and further alleges:
It was the duty of Defendant to provide Plaintiff with reasonable care under the circumstances.
On or about December 4, 2012, Defendant and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
On or about the above mentioned date, Plaintiff was injured while aboard the vessel as follows: When Plaintiff sat on a chair on the pool deck of the vessel, a leg of the chair collapsed, causing Plaintiff to fall to the ground and sustain serious injury.
Plaintiff’s injury was due to the fault and/or negligence of Defendant, and/or its agents, servants and/or employees as follows:
a. Failing to properly maintain the chair(s)on the pooldeck in a reasonably safe condition, and/or;
b. Allowing rusted and/or unreasonably dangerous chairs to remain on the pool deck for use by passengers, and/or;
c. Failing to warn the Plaintiff of the dangers caused by the unreasonably dangerous chairs on the pool deck, and/or;
d. Failure to remove and/or rope off rusted and/or unreasonably dangerous chairs from the deck in the area of the Plaintiff’s accident, and/or;
e. Failing to adequately inspect and/or maintain chairson the pooldeck so as to ensure the chairs remained reasonably safe for use by passengers, and/or;
f. Failing to have adequate chairson the pooldeck that would not degrade due to frequent use and/or exposure to the elements so as to create an unreasonably dangerous condition, and/or;
g. Failure to clean and/or regularly rinse chairs on the pool deck to prevent the chairs from rusting and/or becoming unreasonably dangerous for passengers to use, and/or;
h. Failure to promulgate and/or enforce adequate policies and/or procedures to ensure the chairs on the pool deck remained free from any dangerous conditions, and/or;
i. Failure to promulgate and/or enforce adequate policies and/or procedures to ensure that rusted and/or unreasonably dangerous deck chairs are removed from the pool deck, and/or;
j. Knowing from previous similar incidents of the danger posed by rusted and/or broken deck chairs, yet failing to correct this problem, and/or;
k. 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;
l. Failure to utilize well known standards of industrial ergonomics to reduce the risk of and/or prevent the type of accident suffered by the Plaintiff, and/or;
m. Failure to ascertain the cause of substantially similar prior accidents which occurred on the same and other vessels in the Defendant’s fleet so as to take the necessary measures to prevent their re-occurrence, and more particularly Plaintiff’s accident, as the ISM Code and the Defendant’s Ship’s Quality Management Manual or its equivalent namesake requires the Defendant to do;
All of which caused the Plaintiff to be injured.
At all times material hereto, Defendant had exclusive custody and control of the vessel.
At all times material hereto, Defendant negligently failed to investigate and/or determine the hazards on the vessel to Plaintiff, failed to eliminate the hazards, failed to modify and/or minimize the hazard and failed to properly warn Plaintiff of the hazard. In addition, Defendant violated the International Safety Management Code and failed to have a proper, adequate and safe Safety Management System Manual. All the above caused the Plaintiff to be injured.
The 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.
As a result of the negligence of Defendant, the Plaintiff was injured about her body and extremities, suffered severe physical pain, mental and emotional anguish, loss of enjoyment of life, physical disability, impairment, inconvenience in the normal pursuits of life, disfigurement and other mental and/or nervous disorders. Plaintiff suffered aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of her injuries and suffered physical handicap. Further, the Plaintiff suffered lost wages past and present as well as lost earning capacity. 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 her vacation cruise for which she incurred expenses, including, but not limited to the cost of the cruise ticket for herself and others as well as transportation costs.
WHEREFORE, Plaintiff demands judgment for all damages recoverable under the law against the Defendant and demands trial by jury.
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 #91875
Dated: September 25, 2013