Carabatsos v. Royal Caribbean Cruises, Ltd.

March 15, 2012

Carabatsos v. Royal Caribbean Cruises, Ltd.

Complaint

In this complaint filed in the Southern District of Florida our attorneys allege that Royal Caribbean failed to maintain a reasonably safe flooring surface on its vessel in the area of our client’s accident. As a result of the negligence of Royal Caribbean our client slipped and fell, sustaining serious injuries to his leg which required surgical repair. Unfortunately these accidents are not uncommon and if you are injured in a slip and fall on a cruise ship you should seek help from an experienced maritime lawyer. Call the offices of Lipcon, Margulies & Winkleman, P.A. for a free consultation.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
PANAGIOTIS CARABATSOS,
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 Canada 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 Allure of the Seas.

6.On or about March 26, 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.

8.On or about March 26, 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 when he slipped and fell on board the Alllure of the Seas while walking in and around an elevator bay on Deck 16.

9.Defendant failed to properly maintain the floor surface in a reasonably safe condition as follows;
a.Allowed water and/or other slippery substance to exist on the subject floor for an unreasonable period of time, and/or;
b.Failed to have a non-slip or non-skid surface on the floor area, and/or;
c.Failed to have an adequate flooring surface for the floor area, and/or;
d.Failed to warn Plaintiff of the wet and slippery floor area, and/or;
e.Knowing from prior similar incidents/accidents that the flooring area where Plaintiff was injured was prone to becoming wet, failed to take reasonable care under the circumstances to warn the Plaintiff and/or to attempt to prevent his accident, and/or;
f.Failed to place adequate non-slip coatings on the floor surface in and around the area where Plaintiff suffered his accident, and/or;
g.Failed to provide a non-skid floor surface in and around the area where Plaintiff suffered his accident, and/or;
h.Failed to put up adequate warning signs or cones warning Plaintiff of the dangerous condition in and around the area where he suffered his accident, and/or;
i.Failed to have an adequate floor surface in and around the area where Plaintiff suffered his accident, 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 have an adequate cleaning schedule in place in order to detect and remove any substance that would create a dangerous condition on the floor area wherein Plaintiff suffered his accident, and/or;
l.Failed to have proper and adequate lighting in the area of Plaintiff’s accident, all of which caused Plaintiff to be injured when he slipped and fell.

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

13.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, feeling of economic insecurity, disfigurement, aggravation of any previously existing conditions therefrom, incurred medical expenses in the care and treatment of his 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 his vacation cruise for which he incurred expenses, including, but not limited to the cost of the cruise ticket for himself and others as well as transportation costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the law against the Defendants and demands jury trial of all issues so triable.

LIPCON, MARGULIES,
ALSINA & WINKLEMAN, P.A.
Attorneys for Plaintiff
Suite 1776, One Biscayne Tower
Miami, Florida 33131
Telephone: (305) 373-3016
Fax: (305) 373-6204
By: Michael A. Winkleman
MICHAEL A. WINKLEMAN
FLORIDA BAR NO. 36719