March 29, 2013
John Doe v. NCL (Bahamas), Ltd.
Complaint
In this case, a passenger was injured when the door handle on his cabin balcony door gave way as he attempted to open it. As a result, the passenger fell backwards, injuring his foot, back, and shoulder. Our experienced maritime attorneys filed a complaint in the Southern District of Florida pursuant to Norwegian Cruise Line’s ticket contract, seeking compensation for the Plaintiff’s injuries caused by the negligence of NCL.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
CASE NO.
JOHN DOE,
Plaintiff,
v.
NCL (BAHAMAS) LTD.,
a Bermuda Company,
Defendant.
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COMPLAINT AND DEMAND FOR JURY TRIAL
Preliminary Allegations
1. Plaintiff is a resident of the state of Iowa and Defendant is a foreign corporation 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.
3. Defendant is subject to the jurisdiction of the Courts of this state.
4. The causes of action asserted in this Complaint arise under the General Maritime Law of the United States.
5. At all times material hereto, Defendant owned, operated, managed, maintained and/or controlled the vessel, Epic.
6. On or about May 20, 2012, 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.
7. It was the duty of Defendant, Norwegian Cruise Lines, Ltd., to provide Plaintiff with reasonable care under the circumstances.
8. On or about May 20, 2012, 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 fell in his cabin aboard the Norwegian Epic after attempting to use a malfunctioning door handle.
9. Defendant failed in its duty to provide reasonable care under the circumstances to the Plaintiff by:
a. Using a defective door handle assembly on the door located in Plaintiff’s cabin and leading onto the cabin balcony, and/or;
b. Failing to have a properly working door handle on the door located in Plaintiff’s cabin and leading onto the cabin balcony, and/or;
c. Failing to have a reasonably safe door handle on the door located in Plaintiff’s cabin and leading onto the cabin balcony, and/or;
d. Failing to maintain the door handle on the door located in Plaintiff’s cabin and leading onto the cabin balcony in a reasonably safe condition for Plaintiff’s use, and/or;
e. Failing to warn Plaintiff of the defective door handle, and/or;
f.Failing to replace and/or timely repair the defective door handle prior to the Plaintiff’s use of the passenger cabin, and/or;
g. Failing to close off the exit to the Plaintiff’s cabin balcony so as to prevent Plaintiff from using the defective door handle and sustaining injury, and/or;
h. Failing to inspect the door leading onto Plaintiff’s passenger cabin balcony so as to ensure that the door was reasonably safe for Plaintiff’s use, and/or;
i.Failing to promulgate and/or enforce adequate policies and procedures aimed at ensuring the proper maintenance, repair, and/or inspection of cabin passenger doors to ensure that those doors are reasonably safe for passenger use, and/or;
j.Failing to have an adequate maintenance schedule in place in order to detect and correct any defects that would create a dangerous condition in the door handle which caused Plaintiff to suffer his accident; and/or
10. All of which caused Plaintiff to be injured when he attempted to open the door leading onto the balcony his passenger cabin and the door handle fell off, causing Plaintiff to fall and injure himself.
11. At all material times, Defendant had exclusive custody and control of the above named vessel.
12. 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.
13. 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.
14. As a result of the negligence of the Defendant, the Plaintiff was injured about Plaintiff’s body and extremities, including 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, lost wages due to time missed from work, lost earning capacity, 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 Defendant and demands jury trial of all issues so triable.
Respectfully submitted,
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: Eric C. Morales_______
ERIC CHARLES MORALES
FLORIDA BAR NO. 91875
Date: March 29, 2013
