A recent appellate case from the Eleventh Circuit Court of Appeals affirming the dismissal of a plaintiff’s complaint filed against Royal Caribbean Cruises Ltd. d.b.a. Royal Caribbean International presents an interesting case study in the difficulties associated with cruise ship injury litigation. In Taylor v. Royal Caribbean, Pamela Taylor was severely injured when she tripped and fell while disembarking the Allure of the Seas via its gangway. The district court judge initially required Taylor to replead her complaint. Royal Caribbean then moved to dismiss Taylor’s amended complaint on the basis that she failed to allege facts as to how any breach of the cruise line’s duty proximately caused her injuries. Royal Caribbean further argued Taylor’s negligent failure to warn count should be dismissed because she also failed to allege facts establishing that it had notice of any alleged dangerous condition. Instead, Royal Caribbean asserted that Taylor had alleged mere “generalities divorced from the actual circumstances of her accident.”
The district court agreed with Royal Caribbean and dismissed her action. On appeal, the Eleventh Circuit agreed with the district court and held that as to her negligent maintenance claim Taylor failed to plausibly allege what actually and approximately caused her to trip and fall, leaving Royal Caribbean to guess which alleged failure was the cause of her injuries. Similarly, as to her negligent failure to follow policies claim, Taylor failed to allege facts concerning which Royal Caribbean policy that was allegedly not followed caused her injuries. On Taylor’s negligent failure to warn claim, where she contended that Royal Caribbean breached its duty of care to her by failing to warn her of “the dangerous condition of the uneven flooring” of the gangway when she was disembarking the Allure and that Royal Caribbean “knew or should have known through the exercise of reasonable care of the dangerous condition,” the Eleventh Circuit agreed that Taylor failed to provide factual detail as to how the gangway flooring was uneven and how that unevenness caused her trip and fall.
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So what are the lessons learned from this case?
It is not enough to allege all of the ways a plaintiff’s injury might have happened after a cruise ship accident, actual causation allegations are critical for cruise ship accident compensation. Although at first blush it might seem that fault here would lie with the plaintiff’s lawyer whose pleadings were judged as insufficient, more than likely Ms. Taylor could not explain what caused her to fall. That is not at all unusual. Of the many slip and fall cases we have handled at Charlip Law Group, it is not uncommon for clients to have little to no knowledge or understanding of what caused their fall, or what they should do if they are injured in a cruise ship. This is why it is important to hire a cruise ship lawyer as soon as possible if you are injured while on a cruise. An experienced Miami cruise ship lawyer may be able to help you investigate the cause of your injury, preserve evidence, and protect your legal rights.
What do I do if I have a cruise ship accident?
Typically when they have a cruise ship accident, clients that slip or trip and fall, particularly those that fall on cruise ships, need to understand that it is vitally important to investigate and learn, right then and there, what it was that caused the fall. What that means is they need to marshal their traveling companions and seek out any witnesses, get statements and names, addresses and phone numbers; take photos and video and review all of the photos and video to make sure the quality is as visible and as comprehensive as possible; make notes about what happened as far as time, weather conditions, warnings, clothes and footwear worn and anything else that was significant to what caused the fall.
7 Worst Cruise Ship Accidents in History
Costa Concordia
In 2012, the Costa Concordia, carrying 3,229 passengers, hit a reef off the coast of Italy, causing it to take on water and tip over. The disaster resulted in 32 deaths, 64 injuries, and one missing passenger who was never found. This tragedy is one of the worst cruise ship disasters in history and also the costliest. It took 18 months to bring the ship upright and then dismantle it.
The accident was caused by the ship’s captain, Francesco Schettino, who decided to sail too close to the shore to impress locals, disarming the navigation system and ultimately abandoning ship while 300 passengers were still onboard. This event triggered significant reforms, including the introduction of ten new safety regulations and the unification of nine key industry groups into a global Cruise Lines International Association.
Seabourn Spirit
On November 5th, 2005 at 5:50 a.m., Seabourn Spirit, which had 115 passengers onboard, was attacked by two pirate speedboats launched from a mother ship while sailing 115 km off the coast of Somalia. The pirates utilized machine guns and rocket-propelled grenades, one of which became lodged in a room wall. The RPG was later disarmed by sailors from USS Gonzalez.
Although no passengers were injured, the ship’s master-at-arms, Som Bahadur Gurung, suffered shrapnel wounds while attempting to repel the attackers with a Long Range Acoustic Device (LRAD). The pirates were ultimately repelled by the powerful sound wave emitted by the sonic device. The ship then changed course and headed for Port Victoria in the Seychelles for repairs instead of Mombasa in Kenya before proceeding to Singapore and ultimately resuming its original itinerary.
Star Princess
On March 23, 2006, Star Princess, a Grand-class cruise ship owned by Princess Cruises, experienced a fire while sailing from Fort Lauderdale to Jamaica. Improperly disposed cigarette on a balcony of the ship caused a fire that resulted in one passenger’s death due to smoke inhalation, and 13 others sustained injuries.
The incident resulted in changes to smoking policies on cruise ships, including stricter enforcement of no-smoking policies in cabins and balconies.
Carnival Triumph
The Carnival Triumph cruise ship, carrying 2,700 passengers, experienced an engine room fire in 2013 which caused the ship to lose power and propulsion for four days. As a result, the ship’s occupants had no air conditioning or functioning toilets, and human waste accumulated on the decks in bags.
Investigation revealed that the cruise line had prior knowledge of the possibility of an engine fire, but still chose to operate the vessel. The passengers reported walking on carpets soaked in more than two inches of sewage, and it took four days for the ship to be towed from the Gulf of Mexico to Mobile, Alabama.
Royal Caribbean Explorer of the Seas
In January 2014, the Explorer of the Seas, a Royal Caribbean cruise ship, had to cut short its voyage by two days due to a high number of passengers falling seriously ill, likely with Norovirus. The incident was notable because it was reported as the largest outbreak of illness on a cruise ship, with 630 passengers and 54 crew members affected, as per the CDC.
Celebrity Mercury
In February 2010, Celebrity Mercury, a cruise ship owned by Royal Caribbean Cruise Lines, embarked on a Caribbean cruise from Charleston, SC. However, the excitement and relaxation that the passengers had anticipated quickly turned into a nightmare when 413 of them contracted the Norovirus during their trip. This means that almost 25% of the passengers were affected by the highly contagious virus, which causes symptoms such as vomiting, diarrhea, and stomach cramps.
Unfortunately, this is not an isolated incident. Cruise ships are notorious for being hotspots for contagious illnesses due to their confined spaces and the high volume of people on board. Between 2010 and 2015, Celebrity Cruise ships experienced 15 outbreaks of Norovirus and other contagious illnesses, affecting hundreds of passengers.
MS Royal Pacific
On August 23, 1992, in the Straits of Malacca off southern Malaysia, the Greek-owned cruise ship MS Royal Pacific was hit by a Taiwanese fishing trawler during the early morning hours. The ship was carrying 530 passengers, 30 of whom lost their lives and 70 were injured. As the collision occurred when most passengers were asleep, the situation was worsened by a malfunctioning public address system and a crew that allegedly prioritized their own safety over that of the passengers.
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Of course, plaintiffs’ cruise ship injury lawyers certainly need to understand and be prepared to meet the rigorous pleading standards required by federal courts and to screen out those potential claims that are so lacking in facts regarding causation that dismissal similar to that which occurred in Taylor would be inevitable. At Charlip Law Group, LC, with our team of cruise ship accident lawyers we can navigate you through the rough waters of presenting and resolving cruise ship accident claims. Contact us at (305) 354-9313 should you wish to discuss your situation further. Also, you can connect with us on Facebook, Instagram, and YouTube. We are here to help.
