In Carnival vs. Lugo Corp., a four-member family boarded and went for a cruise vacation. This happened in February 2015. While they were on the cruise, their two kids slept on the bunk beds that were elevated. For them to get access to the beds, they need to use a removable ladder that didn’t reach the floor of the cabin very well.
On their last night in the cruise, the father slept on the bunk at the top. In the morning, he had a terrible fall off the ladder while he was trying to come down from the bunk. As a result of the fall, he became unconscious – according to the man. The man remained in the cabin of his family for a period of time before seeking treatment from the medical team of the cruise. The man was later diagnosed with a broken rib by a doctor on the ship.
About eight weeks after the end of the cruise vacation, the man filed a lawsuit of negligence against the cruise company. In the lawsuit he filed, the father accused the cruise company of not warning him concerning the dangerous condition posed by the short ladder, and not providing its crew with proper supervision and training on how to avoid such hazards. The company later filed a motion for summary judgment in response to the lawsuit of the man. If you are in such a situation, then a personal injury attorney in Florida can help you out by filing your case and representing you in court.
It was noted by the Southern District that the reply of the man to the motion of the company did not comply with Local Rule 56.1(a). The owner of the ship said that it doesn’t have any duty to warn the man about the dangers of using the ladder of the bunk bed because they were obvious and open.
The court claimed that it was established that a cruise company owes each and every one of its crew members a duty of significant care based on the situations. This includes the duty to warn passengers about dangers the operator of the ship knew or should have known that was not made known to the passengers.
Despite this, it was stated by the Florida court that there was no duty to warn crew members about obvious and open hazards. After the court stated that the injuries of the man were unfortunate, they ruled that the danger was obvious and open, and the cruise company owed the man no warning duty. In the end, the court granted the motion for summary judgment of the operator. If you have a similar case like this, then you should contact a personal injury attorney in Florida.