Skip to main content

$3 Million Judgment for Slip and Fall Against Carnival

On May 19, 2010, Denise Kaba filed suit against Carnival Corporation, alleging she slipped and fell on a multi-colored pool deck surface on the Carnival Pride cruise ship August 22, 2009. Kaba was on a Caribbean cruise sailing from Baltimore with her husband as a passenger and slipped when she was moving some pool chairs. She suffered a fractured knee and underwent 6 surgeries in 1 1/2 years. The attorneys for Kaba argued the cruise line installed a resin surfaced pool deck that "was hard and slippery as ice." They said Carnival knew about numerous previous accidents on the same surface and on other ships and did nothing to make the surface safe. Carnival conceded liability and setting up a bench trial on damages alone. U.S. District Judge Ursula Ungaro found damages of just under $3 million: $1.96 million for future non-economic damages; $595,476 for past and future medical expenses; $200,000 for pain and suffering; $170,500 for loss of earnings capacity and $72,198 for prejudgment interest. If you would like to learn more about this decision, you may reach me through my LinkedIn profile at

Comments

  1. VERY INTERESTING INDEED.SLIPPERY SURFACES NEAR POOLS ARE KNOWN TOCAUSE MANY ACCIDENTS AND FALLS.
    CARNIVAL SHOULD ENSURE THAT NON/SLIPPERY SURFACES ARE FITTED TO ALL POOLS ON ITS CRUISE VESSELS.

    ReplyDelete

Post a Comment

Popular posts from this blog

Maritime Law--U.S. Crewmember Required to Arbitrate Claims Applying Norwegian Law

In Alberts v. Royal Caribbean Cruises, Ltd., No. 15-14775 (11th Cir. Aug. 23, 2016), the U.S. Court of Appeals for the Eleventh Circuit held that a U.S. citizen, working aboard a Royal Caribbean cruise ship is required to arbitrate his claims against Royal Caribbean.
Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presented an issue of first impression: Whether a seaman’s work in international waters on a cruise ship that calls o…

Maritime Law--Tour Boat Captain Implicated in Tragedy Off Nicaragua

As reported in the Daily Business Review on January 25, 2016, Nicaragua's police, army and navy will investigate the captain of a tourist boat and his assistant for the deaths of 13 Costa Rican passengers killed on January 23rd when the vessel capsized in bad weather. The Reina del Caribe, Spanish for "Caribbean Queen," was carrying 33 people when it went down Saturday amid rain and strong winds as it ferried between the Corn Islands, a popular tourist destination, off Nicaragua's Caribbean coast. The Daily Business Review article can be accessed here=> Daily Business Review article.

The government clarified on the 24th that the boat was carrying 25 Costa Ricans, two Americans, two British citizens, a Brazilian and three Nicaraguans. Previous reports had said there were 32 people on board, including four Americans. All the dead were Costa Ricans.

Nicaragua's naval commander for the southern Caribbean region said the boat's captain was detained because the …

Maritime Law--Lawsuits Filed Over RCCL's "Storm Cruise"

Royal Caribbean Cruises Ltd ("RCCL") faces lawsuits by passengers accusing the company of negligently endangering their lives by letting Anthem of the Seas sail into a February 7, 2016 storm.  One class action lawsuit filed in federal court in Miami specifically states that RCCL should be required to pay punitive damages to passengers on its ship for "knowingly sailing directly into" a strong winter storm with 120-mph winds. It is also alleged that people aboard the ship were "subjected to hours of sheer terror as the gigantic cruise ship was battered by hurricane-force winds and more than 30-foot waves."

The vessel reportedly encountered 100 mph winds and 30-foot waves, and RCCL said the storm was more severe than expected. RCCL later turned the ship around, and it returned to New Jersey on February 10. Anthem of the Seas’ port azipod reportedly burnt through “all four clutches” during the storm. RCCL reported four minor injuries among more than 6,000 p…