KIMBERLY HENDERSON Plaintiff, v. CARNIVAL CORPORATION d/b/a CARNIVAL CRUISE LINES, INC.

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DESCRIPTION OF THE INCIDENT

 

The Defendant cruise line, Carnival Corporation d/b/a Carnival Cruise Line, owns and operates the cruise ship, Carnival Spirit. Carnival Corporation actively participated in the design and construction of this ship.  The cruise line contracted with the design firms to design the interior elements including the decking of Deck 10 (Sun Deck) where this accident occurred, contracted with the shipyard to build this ship, stationed representatives at the shipyard to oversee construction and design elements, and through the contract documents and the relationship as owner had the ultimate ability to accept or reject the design, construction, and materials chosen, including but not limited to the decking material on Deck 10 (Sun Deck).  The decking material on Deck 10 (Sun Deck) of the Carnival Spirit is thought to be a resin material.

Before installation of the material on this deck, Carnival either knew or should have known of the dangerous and inappropriate properties and characteristics of the subject flooring.  Carnival should never have chosen this material, should never have allowed this material to be installed on its ships, and should never have provided this material for an area where passengers are allowed and encouraged to walk especially in an outdoor setting where the flooring is subject to getting wet by the elements, by other passengers, and/or by mopping or cleaning by Carnival employees as the Carnival employees did on this day.

After installation of the material on this deck, Carnival was made aware of problems with the surface and the unsafe character of the surface.  Carnival knew and certainly should have known about the dangerous characteristics of this surface especially when wet, that the material is not appropriate to have on an open, exterior deck exposed to the elements including rain water and humidity, that the material was not appropriate to wash and/or mop without cordoning and blocking it off, and not appropriate to allow passengers walk onto the surface in general as any water or moisture makes this surface slick and slippery.  Carnival should have changed out the flooring, treated or altered the flooring to make it safe, cordoned off and blocked off the area whenever cleaning or mopping to prevent anyone from walking onto the surface, and warned anyone who was in the area about the dangers of the floor and the fact that the Carnival employees were or had been cleaning or making the flooring wet and therefore slick and slippery.

Further, the defendant cruise line’s employees failed to maintain this floor and failed to keep the floor clean and dry and safe to walk on.  More specifically, the cruise line cleaner on the day of this incident mopped this deck with a liquid, slick substance and failed to cordon off the mopped and slick area and failed to post sufficient warning signs in that mopped and slick area.  The cleaner as of the time of the incident remained in the area and failed even to warn the Plaintiff as she was walking onto the wet, slick area that the area was wet and slick.

The slick and slippery condition of the flooring on this deck is made worse by the wetting of the deck by the Carnival crewmembers who mopped or put down some liquids on that day.  The slick and slippery condition of that flooring is also made worse by the  accumulation of spilled drinks, food, and suntan oils and lotions of passengers who are allowed to eat, drink and sun themselves on that deck, all of which Carnival knows or certainly should know.  For all of these reasons, the maintenance of this flooring by Carnival employees is especially important.

 

As a result of Defendant’s negligence, the Plaintiff on the day and time of the accident, walked into the area and slipped and fell causing serious, debilitating, and permanent injuries.  The Plaintiff in this case suffered, among other things, a tear of the meniscus of her right knee requiring surgery and physical therapy. Additionally, she injured her left hip and back.  These injuries are permanent.  The Plaintiff has had surgery on her knee as a result of this injury and may require further surgery in the future. 

DESCRIPTION OF THE INCIDENT

 

The Defendant cruise line, Carnival Corporation d/b/a Carnival Cruise Line, owns and operates the cruise ship, Carnival Spirit. Carnival Corporation actively participated in the design and construction of this ship.  The cruise line contracted with the design firms to design the interior elements including the decking of Deck 10 (Sun Deck) where this accident occurred, contracted with the shipyard to build this ship, stationed representatives at the shipyard to oversee construction and design elements, and through the contract documents and the relationship as owner had the ultimate ability to accept or reject the design, construction, and materials chosen, including but not limited to the decking material on Deck 10 (Sun Deck).  The decking material on Deck 10 (Sun Deck) of the Carnival Spirit is thought to be a resin material.

Before installation of the material on this deck, Carnival either knew or should have known of the dangerous and inappropriate properties and characteristics of the subject flooring.  Carnival should never have chosen this material, should never have allowed this material to be installed on its ships, and should never have provided this material for an area where passengers are allowed and encouraged to walk especially in an outdoor setting where the flooring is subject to getting wet by the elements, by other passengers, and/or by mopping or cleaning by Carnival employees as the Carnival employees did on this day.

After installation of the material on this deck, Carnival was made aware of problems with the surface and the unsafe character of the surface.  Carnival knew and certainly should have known about the dangerous characteristics of this surface especially when wet, that the material is not appropriate to have on an open, exterior deck exposed to the elements including rain water and humidity, that the material was not appropriate to wash and/or mop without cordoning and blocking it off, and not appropriate to allow passengers walk onto the surface in general as any water or moisture makes this surface slick and slippery.  Carnival should have changed out the flooring, treated or altered the flooring to make it safe, cordoned off and blocked off the area whenever cleaning or mopping to prevent anyone from walking onto the surface, and warned anyone who was in the area about the dangers of the floor and the fact that the Carnival employees were or had been cleaning or making the flooring wet and therefore slick and slippery.

Further, the defendant cruise line’s employees failed to maintain this floor and failed to keep the floor clean and dry and safe to walk on.  More specifically, the cruise line cleaner on the day of this incident mopped this deck with a liquid, slick substance and failed to cordon off the mopped and slick area and failed to post sufficient warning signs in that mopped and slick area.  The cleaner as of the time of the incident remained in the area and failed even to warn the Plaintiff as she was walking onto the wet, slick area that the area was wet and slick.

The slick and slippery condition of the flooring on this deck is made worse by the wetting of the deck by the Carnival crewmembers who mopped or put down some liquids on that day.  The slick and slippery condition of that flooring is also made worse by the  accumulation of spilled drinks, food, and suntan oils and lotions of passengers who are allowed to eat, drink and sun themselves on that deck, all of which Carnival knows or certainly should know.  For all of these reasons, the maintenance of this flooring by Carnival employees is especially important.

 

As a result of Defendant’s negligence, the Plaintiff on the day and time of the accident, walked into the area and slipped and fell causing serious, debilitating, and permanent injuries.  The Plaintiff in this case suffered, among other things, a tear of the meniscus of her right knee requiring surgery and physical therapy. Additionally, she injured her left hip and back.  These injuries are permanent.  The Plaintiff has had surgery on her knee as a result of this injury and may require further surgery in the future. 

 

 

 

 

 

 

Jack Hickey – Miami Cruise Ship Sexual Assault Attorney