A Florida judge ruled that a passenger who sustained second-degree burns during dinner on a Carnival cruise may present her claim to a jury. Carnival attempted to dismiss the lawsuit saying that they were not responsible for the injury.
Reasonable Care
Cruise ship companies have a legal obligation to you, the passenger. In fact, federal maritime requires the company to give aid. However, each claim is different. But what remains the same is every ship must be clear of any slip, fall, and trip dangers. Plus, a ship must commit to the quality maintenance of the equipment aboard. This is reasonable care.
Cruise Ship Burn Injury
In October 2016, a passenger onboard the Carnival Breeze sat down for dinner. The theme night at dinner involved maracas. During dinner, the passenger ordered hot tea. The head waiter filled a teapot designed with a non-locking, non-sealing hinged lid with hot water from the water dispensing machine. The head waiter returned to table with the teapot in hand. As the head waiter approached the table, another guest accidentally bumped him with her maraca. The bump hit his hand causing the teapot to fall and spill hot water onto the passenger’s chest, right shoulder, and right arm. The passenger suffered severe injuries including second-degree burns on her right chest, breast, and upper and lower right arm.
Carnival Negligence
The plaintiff argued that Carnival was negligent in the manner, method, and mode of serving her hot water for tea. The passenger maintained Carnival breached its duty to exercise reasonable care by avoiding actions that foreseeably could cause injury to passengers. She also contended that the head waiter failed to properly secure the tea teapot to avoid spilling hot water. It should have been held by the handle instead of the bottom to avoid injuries.
Carnival argued liability. Carnival focused on the conduct of the other guest who shook the maraca, which hit the head waiter’s hand. The cruise line argued that this was an unforeseeable intervening force and not those of the head waiter that caused the burn. The court rejected Carnival’s argument because factual issues prevented summary judgment. Carnival and the passenger agreed about many of the events preceding the burn, however, there were different statements of facts regarding the temperature of water, waitstaff training, and the position of the hands of the guest shaking the maraca. The judge decided a jury could decide.
Don’t Wait to Get Help After an Injury
If you, your child, or your relative suffered a cruise ship related injury, it is important to seek medical attention as soon as possible. Once you disembark, your next step should be to get experienced legal help from a knowledgeable attorney.
At The Michael Brady Lynch Firm, our lawyers have decades of experience helping injured people get justice and full compensation for injuries caused negligence. Given that lawsuits against cruise ships are in a venue favorable to the cruise lines, it is incredibly important to have an experienced attorney with ample resources to prosecute your claim. The Michel Brady Lynch Firm regularly takes on the largest corporations in the world with a track record of proven success and results. Contact The Michael Brady Lynch Firm today, and our attorneys will review your case for free and help you protect your rights. For your complimentary consultation, call our office now.