Carnival Ecstasy Passenger Lawsuit Lido Deck Slip and Fall

Carnival Ecstasy Lawsuit Lido Deck Slip and Fall
Carnival Ecstasy Lawsuit Lido Deck Slip and Fall

Katherine Sayre v Carnival Cruise LineCarnival Ecstasy Passenger Lawsuit Lido Deck Slip and Fall – On January 22, 2019, Katherine Sayre from Ohio, filed a lawsuit (Case 1:19-cv-20301-KMW) against Carnival Cruise Line after she alleged that she was injured during a slip and fall incident aboard Carnival Ecstasy at approximately 8:30 AM on February 13, 2018.

The lawsuit alleges, “Before this incident, Carnival knew that the areas frequented by passengers on the  lido deck are extremely and unreasonably slippery when wet. The dangerous nature of areas  frequented by passengers on the lido deck is an ongoing, continuous problem on all of the ships in  Carnival’s fleet and in the same class of ships as the Carnival Ecstasy. The Carnival Ecstasy is  part of the Fantasy class, which includes the Carnival Fantasy, the Carnival Sensation, the  Carnival Fascination, the Carnival Imagination, the Carnival Inspiration, the Carnival Elation,  and the Carnival Paradise. ”

The lawsuit further alleges, “Carnival’s deck personnel washed down the uncovered areas of lido deck while the  lido deck buffet restaurant (see video below), located just steps from the uncovered areas of lido deck, was open for  breakfast. Carnival’s website states that the restaurant is “open 24 hours a day and features plenty  of indoor and outdoor seating. Carnival undoubtedly knows that the breakfast hours are an extremely busy time for the buffet.  Carnival also knows that because the buffet is located at the aft-most portion of the lido deck,  passengers will need to walk through the uncovered areas of the lido deck to access the buffet.

Carnival was fully aware of the heavy foot traffic on the uncovered areas of the lido  deck during breakfast hours and had both actual and constructive notice of the extreme and  unreasonable slipperiness of the wet lido deck. Carnival created this dangerous condition by a)  instructing its deck personnel to wash down the uncovered areas of lido deck with soapy water, b)  failing to put out floor blowers, c) failing to put out caution signs or tents, d) failing to block off  the wet areas, e) failing to properly warn of the wet and slippery conditions, and f) failing to  properly clean and dry the deck. Accordingly, Carnival is guilty of negligence and negligent  maintenance.

At approximately 8:30 AM on February 13, 2018, many passengers, including  Plaintiff, were walking through the uncovered areas of the lido deck to access the buffet for  breakfast. But the uncovered areas of the lido deck were wet and dangerously slippery. When  Plaintiff walked through the wet, slippery uncovered areas of the lido deck, she slipped and fell  and fractured her left shoulder blade. Plaintiff’s arm has been immobilized in a sling for months  at a time as a result of the incident and Plaintiff is undergoing physical therapy to this day. Many  of Plaintiff’s symptoms are still present and are expected to continue in the future.

This is an action for negligence. Carnival has a duty of due care under the  circumstances to provide and otherwise maintain its floors in a safe condition, especially on the  lido deck of the Carnival Ecstasy, where this incident occurred. Carnival operates more than  twenty cruise ships. On all or most of the cruise ships that Carnival operates, Carnival has installed  and has maintained over the years a flooring that is believed to be resin. Carnival knows the  properties of these floors and knows that they are extremely slippery when wet. Carnival knows  that these decks are even more slippery if they are if not maintained properly. Carnival knows that  it is extremely important to mop, clean, dry and otherwise maintain the outside decks, especially  the lido deck, in a safe condition due to the significant amount of foot traffic by passengers.  Carnival also knows that it is important to cordon off its decks when mopping and cleaning its
decks or warn passengers of the wet, slippery nature of the decks while the decks are being cleaned.

Carnival created a dangerous slippery condition onboard the Carnival Ecstasy, by  wetting, cleaning, and mopping a large uncovered area of the lido deck. The cruise line personnel  did not cordon off the area to prevent passengers from walking there. Carnival also did not post  signs or otherwise warn the passengers that the flooring on the lido deck becomes extremely  slippery when wet with soapy water. Carnival allowed a large amount of soapy water to accumulate  on the lido deck for an extended period of time and created the dangerous condition by cleaning  the lido deck while it was open to foot traffic and frequented by every passenger who was going  to the buffet for breakfast, including Plaintiff.

The cruise line allowed this area to stay wet and  slippery over an extended period of time without using warning signs, without blocking off or  cordoning the area off, and without otherwise preventing foot traffic. Carnival knew that the  danger posed by soapy water on the lido deck is a recurrent, repetitive problem. Carnival failed to  maintain this area reasonably under the circumstances. Carnival had actual knowledge of the  dangerous condition because its crewmembers placed the soapy water in the area.

Carnival also had at least constructive notice and knowledge about this particular accumulation of water given  the extensive size of the area of water. Carnival also did not maintain the deck properly so as to  reduce the slipperiness of the deck floor. Further, Carnival did not add or change out the floors to  add aggregate or other surface additions to make the floor less slippery. Accordingly, when  passenger Katherine Sayre was walking on the lido deck, she slipped and fell in a large area of  soapy water placed on the lido deck by Carnival’s crewmembers, and fractured her left shoulder  blade, and sustained permanent and debilitating injuries.”

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Video:Carnival Ecstasy Cruise. Breakfast Buffet.