Jane Doe v. Royal Caribbean Cruises, Ltd. – Part 2

Lipcon, Margulies, Alsina & Winkleman, P.A

March 18, 2013

Jane Doe v. Royal Caribbean Cruises, Ltd. – Part 2

Complaint
Slip and falls aboard cruise ships can occur in areas that experience a high volume of traffic and spills, leading to unsafe conditions on the floor. Often, this happens in food service areas. In this complaint filed in the Southern District of Florida on behalf of an injured passenger, our experienced maritime attorneys seek compensation for a person injured when Royal Caribbean staff failed to clean up food spilled in the middle of a passenger walkway, leading to a slip and fall.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
IN ADMIRALTY
CASE NO.
JANE DOE,

Plaintiff,

v.

ROYAL CARIBBEAN CRUISES, LTD.,
A Liberian Corporation,
Defendant.
____________________________ /

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendant and alleges:

PRELIMINARY ALLEGATIONS

1. Plaintiff, JANE DOE (“Plaintiff”), is a citizen of Florida.

2. Defendant, ROYAL CARIBBEAN CRUISES, LTD. (“Defendant”), is a corporation incorporated under the laws of Liberia having its principal place of business in Miami, Florida.

3. 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).

4. At all times material hereto, Defendant, 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 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 in particular, for compensation, vacation cruises aboard the vessel, the Monarch of the Seas.

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 Monarch of the Seas.

8. On or about April 28, 2012, Plaintiff was a paying passenger on Defendant’s vessel which was in navigable waters.

9. On or about April 28, 2012, Plaintiff was severely injured when she slipped and fell on a hazardous flooring surface at or around the Windjammer Dining Area aboard the ship.

COUNT I – NEGLIGENCE
Plaintiff realleges, adopts, and incorporates by reference the allegations in paragraphs one (1) through nine (9) as though alleged originally herein.

10. It was the duty of Defendant to provide Plaintiff with reasonable care under the circumstances.

11. On or about April 28, 2012, Defendant and/or its agents, servants, and/or employees breached its duty to provide Plaintiff with reasonable care under the circumstances.

12. On or about April 28, 2012, Plaintiff was injured when she slipped and fell while walking in the Windjammer dining area due to the fault and/or negligence of Defendant, and/or its agents, servants, and/or employees as follows:
a. Failure to maintain the food service area in and around the subject dining area in a clean condition; and/or
b. Failure to adequately and regularly inspect the food service area and walkways in the subject dining area for slippery conditions; and/or
c. Failure to adequately and regularly monitor the food service area and walkways in the subject dining area so as to maintain the floor free of food and/or slippery conditions; and/or
d. Failure to regularly and adequately clean the food service area and walkways in the subject dining area; and/or
e. Failure to adequately inspect the area where Plaintiff suffered her accident; and/or
f. Failure to identify the slipping hazard(s) which caused Plaintiff to slip and fall; and/or
g. Failure to warn Plaintiff of the hazard(s) posed to her in and around the windjammer cafe; and/or
h. Failure to clean the area where Plaintiff slipped and fell; and/or
i. Failure to instruct passengers and Plaintiff concerning proper footwear; and/or
j. Failure to have a non-slip or non-skid flooring surface on or around the food service area and walkways in the subject dining area; and/or
k. Failure to place rubber mats or other non-slip coverings or substance on or around the food service area and walkways in the subject dining area; and/or
l. Failure to warn Plaintiff of the slipping hazard(s) in the subject area; and/or
m. Failure to place signs and/or close off the subject area until the slipping hazard(s) had been removed; and/or
n. Failure to take any of the above mentioned precautions despite there being crewmembers present who observed and/or should have observed and corrected the dangerous condition;
All of which caused and/or contributed to the Plaintiff slipping and falling on a slippery and hazardous flooring surface at or around the Windjammer dining area.

13. At all material times, Defendant had exclusive custody and control of the vessel, the Monarch of the Seas.

14. 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.

15. 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
Suite 1776, One Biscayne Tower
Miami, Florida 33131
Telephone: (305) 373-3016
Fax: (305) 373-6204
By: s/ Eric C. Morales_______
ERIC CHARLES MORALES
FLORIDA BAR NO. 91875

Dated this 18th day of March, 2013.