November 26, 2013
John Doe v. Carnival Corp.
One of the most common accidents that happen aboard cruise ships is a slip and fall. The experienced maritime lawyers and Lipcon, Margulies & Winkleman, P.A. have handled numerous slip and fall claims and know how to handle the pitfalls associated with these cases. In this case, a Carnival passenger was injured when he slipped and fell in a food service area.
UNITED STATES DISCTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff sues Defendant and alleges:
1. Plaintiff is a citizen of Texas and Defendant, Carnival Corporation (“Carnival”) is a foreign corporation having its principal place of business in Miami, Florida.
2. 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, this matter falls under the Article III admiralty and maritime jurisdiction of this Court.
3. Defendant Carnival, 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, Carnival Triumph.
4. At all times material hereto, Defendant Carnival 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 Carnival owned, operated, managed, maintained and/or controlled the Carnival Triumph. (“the vessel”).
7. On or about February 13, 2013, Plaintiff was a paying passenger on the vessel, which was in navigable waters.
8. On or about February 13, 2013, while aboard the vessel, Plaintiff suffered serious personal injuries when he slipped and fell in the dining hall area as a result of the negligence of Defendant, Carnival.
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 Carnival to provide Plaintiff with reasonable care under the circumstances.
10. On or about February 13, 2013, Carnival 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 Carnival 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 debris and/or slipping hazards, and/or;
b. Failure to select and/or maintain a reasonably safe walking surface, in light of its anticipated purpose; and/or
c. Failure to promulgate and/or enforce adequate policies and procedures regarding maintaining a reasonably safe walking surface in a clean and dry condition;
d. Failure to maintain a reasonably safe walking area where Plaintiff slipped and fell, and/or;
e. Failure to identify the slipping hazard(s) which caused Plaintiff to slip and fall, and/or;
f. Failure to adequately inspect the area where Plaintiff suffered his accident;
g. Failure to warn Plaintiff of the slipping hazard(s) posed to him, and/or
h. Failure to warn Plaintiff of the risk(s) and/or hazard(s) posed to him due to the lack of adequate maintenance and inspection of the area where he suffered his accident, and/or;
i. Failure to maintain the area, where Plaintiff suffered his accident, in a reasonably safe condition, and/or;
j. Failure to correct the hazard(s) which caused Plaintiff to suffer his accident, and/or;
k. Failure to eliminate and/or modify the hazard(s) which caused Plaintiff to suffer his accident, and/or;
l. Failure to close off access to the area where Plaintiff suffered his accident, and/or;
m. Failure to test floor area to ascertain co-efficiency of friction to determine whether flooring surface was reasonably safe for its intended use; and/or
n. Failure to ascertain whether floor area meets applicable standards, such as ASTM F1166; and/or
o. Failure to ensure that the area of Plaintiff’s fall was adequately lit, so that any hazards on the flooring surface would be reasonably visible to passengers; and/or
p. 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.
All of which caused and/or contributed to Plaintiff becoming injured when he slipped and fell while walking onboard the vessel.
12. At all times material hereto, Carnival had exclusive custody and control of the vessel.
13. At all times material hereto, Carnival 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, Carnival failed to have an adequate Safety Management System Manual aboard the vessel, and/or failed to properly implement the Safety Management System Manual aboard the vessel.
15. As a result, all of the above caused and/or contributed to Plaintiff being injured when he suffered a slip and fall accident while onboard the vessel.
16. Carnival 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 Carnival, 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 Carnival, 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, incurred medical expenses in the care and treatment of Plaintiff’s injuries, inconvenience in the normal pursuits and pleasures of life, lost earnings and earning capacity past and future, and feelings of economic insecurity. Plaintiff also lost the benefit of his entire vacation, cruise and transportation costs. Further, the injuries resulting from his fall are permanent and/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 Carnival and demands trial by jury.
LIPCON, MARGULIES, 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 No. 91875
Date: November 26, 2013