Lugo v. Carnival Corp is the type of case that receives a great deal of attention because of the splashy name that is involved. Since a number of Florida residents will be taking cruises this year, they will want to know more about this case turned out. After all, these cases tend to have a direct effect on our lives.
Luckily, cruise line accident attorneys in Florida have also been paying close attention to the results so that their clients do not have to. The aforementioned case had to do with injuries that a father sustained while on a cruise with his family. The room had come equipped with bunk beds for his children.
For some reason, the father elected to sleep on the top bunk on the cruise’s final night. As you may have expected, the bed could not hold his weight and eventually collapse. The father took a nasty spill and lost consciousness. He also broke a rib as a result of the fall.
At this time, the family decided to seek compensation for the injuries that the father sustained. A negligence lawsuit was filed and cruise ship dwellers everywhere awaited the results. The man believed that the short ladder that was attached to the bunk bed was responsible for his fall. He blamed the cruise ship operator for not offering sufficient warning.
He even went so far as to file a summary judgement. This filing is supposed to allow for plaintiffs to receive the results that they deserve without actually having to go to trial. That is how confident this man was. These judgments can only be filed when there are no facts in dispute, though.
The Southern District of Florida ruled against the man for a number of reasons. For starters, there were no citations provided. The case also fell under the parameters of maritime law. This means that a defendant must have a certain level of duty when it comes to protecting the plaintiff. This duty also needs to have been neglected. The injured party has to be able to demonstrate each of these elements.
Florida believes that the cruise ship companies only have a certain level of responsibility that needs to be upheld. Passengers of cruise ships must remain aware of the clear and obvious dangers that are being presented. The cruise ship company only has a small degree of responsibility.
This information definitely comes as a surprise to some. That’s why it is important for Florida residents to contact a personal injury attorney when they have certain questions. This will allow clients to pursue these cases from a more informed place than ever before. Recovering damages is all about knowing what you are actually entitled to.