Omasta v. Royal Caribbean Cruises, Ltd

Lipcon, Margulies, Alsina & Winkleman, P.A

April 11, 2012

Omasta v. Royal Caribbean Cruises, Ltd

Complaint

For many passengers, the various amenities and attactions onboard modern cruise liners can be the highlight of their trip. Unfortunately, these attractions can sometimes be dangerously constructed or poorly controlled resulting in injuries to passengers who thought they were in good hands. When this happens our experienced maritime attorneys can help passengers receive compensation for the injuries they sustained. In this complaint filed in the Southern District of Florida, a passenger used the new zip-line on Royal Caribbean’s Oasis of the Seas. As she approached the end of the zip-line, her foot slammed into the concrete landing area causing her serious injury. Our attorneys brought a claim on behalf of this passenger based on the negligent design, construction, operation, and oversight of the zip-line as well as a lack of instruction to passengers using the zip-line attraction.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
RACHEL OMASTA,
Plaintiff,

v.

ROYAL CARIBBEAN CRUISES, LTD.,
Defendant.
________________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff sues Defendant and alleges:

Preliminary Allegations

Plaintiff is a citizen of Illinois 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 Royal Caribbean Oasis of the Seas.

On or about April 28th, 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.

Count I-Negligence

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 April 28th, 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 while participating, as directed by the Defendant, on the Defendant’s zip-line attraction on Defendant’s vessel.

Defendant failed to properly construct and operate the zip line attraction and provide Plaintiff with reasonable care under the circumstances by:
a. Constructing the zip-line attraction in such a way that riders reach dangerous speeds, and/or;
b.Constructing the zip-line attraction in such a way that no mechanism exists for slowing down riders as they approach the end of the ride, and/or;
c. Failing to have an adequately trained crewmember(s) at the end of the zip line to aid riders or slow them down as they approach the end of the zip line, and/or;
d.Failing to construct a reasonably safe landing area at the end of the zip line, and/or;
e. Knowing from prior similar incidents/accidents that the zip line landing area was not reasonably safe, yet failing to take reasonable care under the circumstances to warn the Plaintiff and/or to attempt to prevent her accident, and/or;
f. Failed to provide a padded landing area for the zip line, and/or;
g. Failed to properly instruct passengers on safe use of the zip-line, and/or;
h. Failed to put up adequate warning signs instructing the Plaintiff of the risks associated with the zip line and/or , and/or;
i. Failed to supervise crewmember(s) assigned to monitor the zip line and instruct passengers in its use, and/or;
j. Failed to have adequate procedures in place in order to ensure the floor area where in Plaintiff suffered his accident was free from any dangerous conditions, and/or;
k.Failed to promulgate policies and procedures to ensure the reasonably safe use of the zip line for passengers, and/or;
l. Failed to implement the well known standards of theme park attraction design and ergonomics in the construction, maintenance, and operation of the zip line attraction; and/or
m. Failed to operate the zip line in a reasonably safe manner for passengers; and/or
n. Failed to adequately instruct crew on safe manner of operating zip line; and/or
o.Failed to utilize a mat at the end of the zip line for passengers to land upon;
All of which caused and/or contributed to the Plaintiff becoming injured as a result of using the zip line.

At all material times, Defendant had exclusive custody and control of the above named vessel.

At all material times, Defendant exclusively owned and/or operated, and/or maintained the subject zip line aboard its 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. 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.

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 the Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, including severe physical pain and suffering, mental and emotional anguish, loss of enjoyment of life, physical disability, impairment, inconvenience in the normal pursuits and pleasures of life, lost earnings and earning capacity past and future, feeling of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of her injuries including life care, incurred special transportation costs after being discharged from the vessel and suffered physical handicap. The injuries and damages are permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the future. Further, Plaintiff lost the value 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, the Plaintiff demands judgment for all damages recoverable under the law against the Defendants 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
Facsimile:(305) 373-6204
By: /s/ Eric Charles Morales­­­­­­­­­­­­­
ERIC C. MORALES
FLORIDA BAR # 91875