December 04, 2012
Jane Doe v. Royal Caribbean Cruises, Ltd., a Liberian Corporation
Our experienced maritime attorneys regularly handle cases against all of the major cruise lines for accidents aboard their ships. In this case, a client was injured after sliping and falling if a cafe area aboard a Royal Caribbean ship.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
ROYAL CARIBBEAN CRUISES, LTD.,
A Liberian Corporation
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
Plaintiff is a resident of the nation of Australia and Defendant is a corporation incorporated under the laws of Liberia having its principal place of business in Florida. The matter in controversy exceeds, exclusive of interest and costs, the sum specified by 28 U.S.C. 1332. In the event diversity jurisdiction does not apply, then this matter is being brought under the admiralty and maritime jurisdiction of the court.
2. 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;
c. Operated vessels in the waters of this state;
d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 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. The Defendant was engaged in the business of providing to the public and to the Plaintiff, for compensation, vacation cruises aboard their vessel.
Defendant 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 owned, operated, managed, maintained and/or controlled the vessel, Radiance of the Seas.
On or about December 21, 2011, Plaintiff was a paying passenger on Defendant’s vessel, which was in navigable water. Defendant is in possession of a copy of Plaintiff’s passenger ticket contract.
Plaintiff adopts, re-alleges and incorporates by reference paragraphs one through six as though originally alleged herein.
It was the duty of Defendant, Royal Caribbean Cruises, Ltd., to provide Plaintiff with reasonable care under the circumstances.
On or about December 21, 2011, as a result of the failure of the Defendant, its agents, servants, and/or employees to fulfill its duty of reasonable care under the circumstances owed to the Plaintiff, Plaintiff suffered personal injury when she slipped and fell on a wet surface while walking in a dining area on deck 11.
Defendant failed in its duty to provide reasonable care under the circumstances to the Plaintiff by:
a. Failing to maintain the subject area in a clean and dry condition; and/or
b. Failing to adequately and regularly inspect the subject area for wet and slippery conditions; and/or
c. Failing to adequately and regularly monitor the subject area to maintain the area free of wet and slippery conditions; and/or
d. Failing to adequately and regularly clean the subject area; and/or
e. Failing to close off and/or place warning signs on or around the wet and slippery areas of the subject deck; and/or
f. Failing to warn Plaintiff of the wet and slippery condition of the subject area; and/or
g. Failing to warn Plaintiff of the risks and/or dangers associated with the wet and slippery condition of the subject area; and/or
h. Failing to warn passengers and Plaintiff of other slip and fall accidents previously occurring in the same area and/or type of flooring surface; and/or
i. Failing to promulgate and/or enforce adequate policies and procedures to ensure that the subject area is adequately and regularly inspected, monitored, cleaned and maintained free of wet and slippery conditions; and/or
j. Failing to promulgate and/or enforce adequate policies and procedures to ensure that warnings signs are placed on or around wet and/or slippery areas and/or that such wet and/or slippery areas are closed off; and/or
k. Failing to analyze prior slip-and-fall accidents aboard Defendant’s vessels occurring in the same area and/or type of flooring surface so as to remedy such hazardous conditions; and/or
l. Failing to correct hazardous conditions following other slip and fall accidents in the same area and/or type of flooring surface; and/or
m. Failing to utilize a reasonably safe flooring surface in light of the anticipated traffic and anticipated purpose of the area; and/or
n. Failing to correct hazardous conditions following prior slip-and-fall accidents in the same area and/or type of flooring surface; and/or
o. Failing to have a non-slip or non-skid flooring surface on the subject area; and/or
p. Failing to place rubber mats or apply a non-slip or non-skid substance or mat on the flooring surface on the subject area; and/or
q. Failure to adequately test the coefficient of friction and slip resistance of the subject flooring surface before opening it up to passengers and Plaintiff;
all of which caused and/or contributed to the Plaintiff slipping and falling on a wet, slippery and hazardous flooring surface at or around the shuffleboard court area.
At all material times, Defendant had exclusive custody and control of the above named vessel.
At all times material hereto, Defendant negligently failed to determine the hazards on the vessel to Plaintiff, failed to eliminate the hazards, failed to modify the hazards and failed to properly warn Plaintiff of the hazards.
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 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 jury trial of all issues so triable.
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
Suite 1776, One Biscayne Tower
Miami, Florida 33131
Telephone: (305) 373-3016
Fax: (305) 373-6204
By: Eric C. Morales_______
ERIC CHARLES MORALES
FLORIDA BAR NO. 91875
Date: December 4, 2012