February 11, 2014
Jane Doe v. Royal Caribbean Cruises, Ltd.
Acccidents on cruise ships happen in a variety of ways. Common causes of accidents include equipment malfunctions, insufficient policies and procedures, or as in this case, trips and falls caused by dangerous conditions on a flooring surface. No matter how you are injured, our attorneys for cruise ship injuries have the knowledge to ensure that your rights are protected.
UNITED STATES DISCTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
ROYAL CARIBBEAN CRUISE LINE,
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
1. Plaintiff is a resident of the state of Florida and Defendant Royal Caribbean Cruise Line (“RCCL”) is a corporation with its principal place of business in Miami, Florida.
2. This is a case of admiralty and maritime jurisdiction, as hereinafter more fully appears. This is an admiralty or maritime claim within the meaning of Rule 9(h).
3.Defendant RCCL, 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, M/V ALLURE OF THE SEAS.
4. At all times material hereto, Defendant RCCL is subject to the jurisdiction of the Courts of this state.
5. At all times material hereto, the causes of action asserted in this Complaint arise under the General Maritime Laws of the United States.
6. At all times material hereto, Defendant RCCL owned, operated, managed, maintained and/or controlled the M/V ALLURE OF THE SEAS.
7. On or about September 23, 2013, Plaintiff, Marilyn Blecher, was a paying passenger on the M/V ALLURE OF THE SEAS, which was in navigable waters.
8. On or about September 23, 2013 while aboard the M/V ALLURE OF THE SEAS, which was in navigable waters, Plaintiff suffered serious personal injuries as a result of Defendant’s negligence when she tripped and fell over a raised metal joint located between two pieces of carpet near her stateroom.
COUNT I – NEGLIGENCE
AGAINST DEFENDANT CARNIVAL
Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs one (1) through eight (8) as though alleged originally herein.
9. It was the duty of RCCL to provide Plaintiff with reasonable care under the circumstances.
10. On or about September 23, 2013, RCCL and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.
11. Plaintiff was injured due to the fault and/or negligence of RCCL 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 tripping hazards, and/or;
b. Failure to maintain a reasonably safe walking path in the area of the Plaintiff’s fall, and/or;
c. Failure to identify the tripping hazard(s) which caused Plaintiff to trip and fall, and/or;
d. Failure to adequately inspect the area where Plaintiff suffered her accident, and/or;
e. Failure to warn Plaintiff of the tripping hazard(s) posed to her by the raised joint on which she tripped, and/or
f. 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 Plaintiff suffered her accident, and/or;
g. Failure to maintain the area where Plaintiff suffered her accident in a reasonably safe condition, and/or;
h. Failure to correct the hazard(s) which caused Plaintiff to suffer her accident, and/or;
i. Failure to eliminate and/or modify the hazard(s) which caused Plaintiff to suffer her accident, and/or;
j. Failure to close off access to the area where Plaintiff suffered her accident until such time as the condition causing Plaintiff’s accident was corrected, and/or;
k. 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, and/or;
l. Failure to use reasonably safe materials at the joint where Plaintiff fell, and/or;
m. Failure to have adequate lighting, such that Plaintiff could see the unreasonably safe condition which caused her to fall, and/or;
n. Failure to use a reasonably safe design for the flooring in the area of Plaintiff’s incident, and/or;
o. Failure to promulgate and/or enforce adequate policies and procedures aimed at ensuring that the hazardous condition which caused Plaintiff’s incident would be discovered and corrected, and/or;
p. Failure to promulgate and/or enforce adequate policies and procedures aimed at warning passengers, and Plaintiff in particular, of the hazardous condition that caused Plaintiff’s injury, and/or;
q. Failure to promulgate and/or enforce adequate policies and procedures aimed at maintaining the Defendant’s vessel in a reasonably safe condition for passengers.
All of which caused and/or contributed to Plaintiff becoming injured when she tripped and fell while walking onboard Defendant’s vessel, the M/V ALLURE OF THE SEAS.
12. At all times material hereto, RCCL had exclusive custody and control of the M/V ALLURE OF THE SEAS.
13. At all times material hereto, RCCL 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.
14. At all times material hereto, RCCL failed to have an adequate Safety Management System Manual aboard the M/V ALLURE OF THE SEAS, and/or failed to properly implement the Safety Management System Manual aboard the M/V ALLURE OF THE SEAS.
15. All of the above caused and/or contributed to Plaintiff being injured when she suffered the above described incident while onboard the M/V ALLURE OF THE SEAS.
16. RCCL 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 RCCL, in the exercise of reasonable care under the circumstances, should have learned of the conditions and corrected them.
17.As a result of the negligence of RCCL, 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 and incurred medical expenses in the care and treatment of Plaintiff’s injuries. Plaintiff also lost the benefit of her entire vacation, cruise and transportation costs. Further, the injuries resulting from her fall are permanent 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 against Royal Caribbean.
LIPCON, MARGULIES, ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
One Biscayne Tower,
Suite 1776 Miami,
Telephone: (305) 373 – 3016
Facsimile: (305) 373 – 6204
By: /s/ Eric C. Morales
ERIC CHARLES MORALES
FLA. BAR NO.: 91875
Dated: February 11, 2014