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L I P C O N , M A R G U L I E S , A L S I N A & W I N K L E M A N , P . A .

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.

GABRIEL ANDRES CALDERON NUTT, as Parent and 

Natural Guardian of M.C., a Minor, 

Plaintiff, 

v.

ROYAL CARIBBEAN CRUISES LTD.,

Defendant.

/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, GABRIEL ANDRES CALDERON NUTT, as Parent and Natural Guardian of 

M.C., a Minor, sues Defendant ROYAL CARIBBEAN CRUISES LTD., and alleges:

PRELIMINARY ALLEGATIONS

1. The Plaintiff, GABRIEL ANDRES CALDERON NUTT, as Parent and Natural Guardian 

of G.C., a Minor, is a citizen of the Columbia. 

2. Defendant, ROYAL CARIBBEAN CRUISES LTD. (“Royal”), is a foreign entity with its 

principal place of business in Miami, Florida.

3. The matter in controversy exceeds, exclusive of interests and costs, the sum specified by 

28 U.S.C. § 1332. In the alternative, if diversity jurisdiction does not apply, then this matter falls 

under the admiralty and maritime jurisdiction of this Court.

4. At all times material hereto, Defendant, 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 or agency in this state and/or county; 

b. Was engaged in substantial activity within this state;

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c. Operated vessels in the waters of this state; 

d. Committed one or more of the acts stated in Florida Statutes §§ 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. Defendant was engaged in the business of providing to the public and to Plaintiff in 

particular, for compensation, vacation cruises aboard the vessel, the Allure of the 

Seas.

5. Defendant is subject to the jurisdiction of the courts of this state.

6. The causes of action asserted in this Complaint arise under the General Maritime Law of 

the United States.

GENERAL ALLEGATIONS

7. At all times material hereto, Defendant owned, operated, managed, maintained and/or 

controlled the vessel, the Allure of the Seas.

8. At all times material hereto, Defendant had exclusive custody and control of the vessel, 

the Allure of the Seas.

9. On or about October 12, 2019, the minor Plaintiff was a paying passenger aboard the 

Allure of the Seas, which was in navigable waters.

10. On or about October 12, 2019, the minor Plaintiff was a 3 year old child admitted to the 

onboard daycare center, Adventure Ocean, entrusted to the care and supervision of Defendant’s 

staff. While in the sole and exclusive care of Defendant’s Adventure Ocean staff and in the 

Adventure Ocean center, the 3 year old Plaintiff was not supervised and, while unsupervised,

fell, hitting her head on a sharp surface which caused severe injuries including a severe 

laceration to her forehead.

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11. In addition to the lack of supervision by Defendant’s staff, the Adventure Ocean center 

aboard the vessel contained unreasonably sharp or other unreasonably hazardous surfaces unfit 

for the intended purpose of being included within a child care center where they would be in 

close proximity to the Plaintiff, a 3 year old child.

12. The minor Plaintiff’s parents were not permitted to go into the Adventure Ocean center 

and, as such, the unreasonably sharp or other unreasonably hazardous surfaces unfit for the 

intended purpose of being included within a child care center were not open nor readily visible to 

the minor Plaintiff’s parents.

13. Further, Defendant represented to the minor Plaintiff’s parents that all activities within 

the Adventure Ocean center were “supervised by male or female youth staff that must have a 

four year University degree or international equivalent in Education, Rcreation or a related field 

and at least three to five years qualified experience in working with children ages six months to 

17 years.”

14. At all times material, the minor Plaintiff’s parents relied upon Defendant’s 

representations that the minor Plaintiff would be supervised by qualified staff in entrusting their 

minor child to Defendant’s exclusive care.

15. At all times material, however, the staff at Advenutre Ocean failed to reasonably 

supervise the minor Plaintiff, G.C., at the time of the subject incident.

COUNT I – NEGLIGENT FAILURE TO WARN AGAINST DEFENDANT

The Plaintiff realleges, adopts, and incorporates by reference the allegations in 

paragraphs one (1) through fifteen (15) as though alleged originally herein.

16. At all times material hereto, it was the duty of Defendant to provide Plaintiff with 

reasonable care under the circumstances.

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17. At all times material hereto, it was the duty of Defendant to warn passengers (like 

Plaintiff) of dangers that were known, or reasonably should have been known, to Defendant in 

places where passengers (like Plaintiff) are invited to or may reasonably be expected to visit.

18. On or about October 12, 2019, the Plaintiff was in the Adventure Ocean daycare aboard 

Defendant’s vessel, which was a place that Plaintiff was invited to be by Defendant and a place 

Defendant reasonably expected Plaintiff to be during the cruise.

19. On or about October 12, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty to warn the Plaintiff through the following acts and/or omissions:

a. Failure to warn passengers and the Plaintiff of the unreasonably sharp and/or rigid 

surfaces in the Adventure Ocean center; and/or

b. Failure to warn passengers and the Plaintiff’s parents/guardians that the minor 

Plaintiff’would not be supervised at all times while in the Adventure Ocean center; 

and/or

c. Failure to warn passengers and the Plaintiff’s parents/guardians that the minor

Plaintiff would not be appropriately assisted at all times in theAdventure Ocean

center; and/or

20. All or some of the above acts and/or omissions by Defendant and/or its agents, servants, 

and/or employees, caused and/or contributed to the minor Plaintiff being severely injured when 

she fell in the Adventure Ocean center.

21. At all times material, Defendant violated the International Safety Management Code’s 

goals and intent and failed to have properly, adequately and safely implement the International 

Safety Management Code and by extension its own SQM Manual.

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22. At all times material, Defendant failed to have an adequate Safety Management System 

Manual aboard the Allure of the Seas, and/or failed to properly implement the Safety 

Management System Manual aboard the Allure of the Seas.

23. At all times material hereto, Defendant knew of the foregoing dangerous conditions 

causing Plaintiff’s incident and failed to warn Plaintiff about 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 warned about them. This knowledge was or 

should have been acquired through prior incident(s) and/or through its maintenance and/or 

inspections of the subject area on Defendant’s vessels and/or other vessels within the cruise 

industry. See, e.g., Mizel v. Royal Caribbean Cruises, Ltd. d/b/a Celebrity X Cruises, Case No. 

18-CV-02792-ENV/SMG (E.D.N.Y. 2018).

24. Had Defendant warned the Plaintiff of the hazardous conditions referred to above, 

Plaintiff would not have been left at Adventure Ocean. 

25. As a direct and proximate result of the negligence of Defendant, Plaintiff was injured 

about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment 

of life, disability, disfigurement, aggravation of any previously existing conditions there from, 

incurred medical expenses in the care and treatment of Plaintiff’s injuries, and suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are 

permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the 

future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation 

costs.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the 

law against Defendant and demands trial by jury.

COUNT II – NEGLIGENT FAILURE TO MAINTAIN AGAINST DEFENDANT

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Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs 

one (1) through fifteen (15) as though alleged originally herein.

26. At all times material hereto, it was the duty of Defendant to provide Plaintiff with 

reasonable care under the circumstances.

27. At all times material hereto, it was the duty of Defendant to maintain the Adventure 

Ocean center aboard the vessel in a reasonably safe condition for the intended use of the center 

by young children, including the 3 year old minor Plaintiff.

28. On or about October 12, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty through the following acts and/or omissions:

a. Failure to adequately and regularly inspect the Adventure Ocean center to determine 

whether they met applicable safety standards; and/or

b. Failure to adequately and regularly inspect the Adventure Ocean center to determine 

whether they were free of sharp or unreasonably rigid surfaces; and/or

c. Failure to maintain the Adventure Ocean center free of sharp and rigid surfaces that 

children utilizing the Adventure Ocean center would exposed to; and/or

d. Failure to maintain the Adventure Ocean center in a reasonably safe condition for use 

by young child passengers, including, minors 3 years of age; and/or

29. The above acts and/or omissions caused and/or contributed to the Plaintiff being severely 

injured because Plaintiff’s incident would not have occurred but for Defendant’s failure to 

adequately inspect and/or maintain the Adventure Ocean center.

30. At all times material hereto, the Adventure Ocean center wasunreasonably dangerous to a 

3 year old in that it contained sharp and/or rigid surfaces and that created a condition that was 

unreasonably dangerous.

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31. At all times material hereto, Defendant knew of the foregoing dangerous conditions

causing Plaintiff’s incident 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. This knowledge was or should have been 

acquired through Defendant’s maintenance and/or inspections of the Adventure Ocean center

and/or through prior incidents involving passengers injured in the Adventure Ocean center on 

Defendant’s vessels and/or other vessels reported within the cruise industry. See, e.g., Mizel v. 

Royal Caribbean Cruises, Ltd. d/b/a Celebrity X Cruises, Case No. 18-CV-02792-ENV/SMG 

(E.D.N.Y. 2018).

32. As a direct and proximate result of the negligence of Defendant, Plaintiff was injured 

about Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment 

of life, disability, disfigurement, aggravation of any previously existing conditions therefrom, 

incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are 

permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the 

future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation 

costs. Further, the injuries resulting from her fall are permanent or continuing in nature and 

Plaintiff will suffer these losses and impairments into the future.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the 

law against Defendant and demands trial by jury.

COUNT III – GENERAL NEGLIGENCE AGAINST DEFENDANT

Plaintiff re-alleges, adopts and incorporates by reference the allegations in paragraphs 

one (1) through fifteen (15) as though alleged originally herein.

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33. At all times material hereto, it was the duty of Defendant to provide Plaintiff with 

reasonable care under the circumstances.

34. On or about October 12, 2019, Defendant and/or its agents, servants and/or employees 

breached its duty to provide Plaintiff with reasonable care under the circumstances through the 

following acts and/or omissions:

a. Failure to provide its passengers, such as the Plaintiff, with reasonable care under the 

circumstances;

b. Failure to provide safe passage aboard its vessel, the Allure of the Seas;

c. Failure to adequately provide young child passengers like the Plaintiff with a 

reasonably safe Adventure Ocean center; and/or 

d. Failure to have adequate policies and procedures in place to adequately monitor and 

supervise young children while in the Adventure Ocean center; and/or

e. Failure to adequately and regularly inspect the Adventure Ocean center for sharp and 

rigid surfaces that pose as a hazard to young children; and/or

f. Failure to promulgate and/or enforce adequate policies and procedures to ensure that 

young child passengers are adequately supervised at all times while in the Adventure 

Ocean center; and/or

g. Failure to promulgate and/or enforce adequate policies and procedures to ensure that 

young child passengers are guarded from the danger posed by sharp and rigid objects 

in the Adventure Ocean center; and/or

h. Failure to promulgate and/or enforce adequate policies and procedures to ensure that 

the Adventure Ocean center is adequately and regularly inspected, monitored, cleaned 

and/or maintained free of sharp or rigid hazards or otherwise dangerous conditions

that could create a cutting hazard; and/or

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i. Failure to promulgate and/or enforce adequate policies and procedures to inspect 

and/or maintain the Adventure Ocean center in a reasonably safe condition for young 

child passengers; and/or

j. Failure to analyze prior accidents aboard Defendant’s vessels involving injuries to 

young children in the Adventure Ocean center; and/or 

k. Failure to correct hazardous conditions following prior accidents in the Adventure 

Ocean center , and/or substantially similar areas aboard Defendant’s other vessels 

fleet-wide; and/or

l. Failure to adequately train and/or instruct and/or supervise the crew/staff working in 

the Adventure Ocean center concerning how to properly and safely supervise and/or 

monitor young child passengers. 

35. The above acts and/or omissions caused and/or contributed to the Plaintiff being severely 

injured because Plaintiff’s incident would not have occurred but for such acts and/or omissions.

36. At all times material hereto, Defendant knew of the foregoing conditions causing 

Plaintiff’s incident 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. This knowledge was or should have been acquired through 

Defendant’s maintenance and/or inspections of the Adventure Ocean center and/or through prior 

incidents involving passengers injured in the Adventure Ocean center on Defendant’s vessels

and/or other vessels reported within the cruise industry. See, e.g., Mizel v. Royal Caribbean 

Cruises, Ltd. d/b/a Celebrity X Cruises, Case No. 18-CV-02792-ENV/SMG (E.D.N.Y. 2018).As 

a direct and proximate result of the negligence of Defendant, Plaintiff was injured about 

Plaintiff’s body and extremities, suffered physical pain, mental anguish, loss of enjoyment of 

life, disability, disfigurement, aggravation of any previously existing conditions therefrom, 

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incurred medical expenses in the care and treatment of Plaintiff’s injuries, suffered physical 

handicap, lost wages and Plaintiff’s working ability has been impaired. The injuries are 

permanent or continuing in nature, and Plaintiff will suffer the losses and impairments in the 

future. In addition, Plaintiff lost the benefit of Plaintiff’s vacation, cruise, and transportation 

costs. Further, the injuries resulting from her fall are permanent or continuing in nature and 

Plaintiff will suffer these losses and impairments into the future.

WHEREFORE, the Plaintiff demands judgment for all damages recoverable under the 

law against Defendant and demands trial by jury.

Respectfully submitted,

LIPCON, MARGULIES,

ALSINA & WINKLEMAN, P.A.

Attorneys for Plaintiff

One Biscayne Tower, Suite 1776

2 S. Biscayne Boulevard

Miami, Florida 33131

Telephone No.: (305) 373-3016

Facsimile No.: (305) 373-6204

 By: /s/ Andrew S. Freedman

JASON R. MARGULIES

Florida bar No. 57916

 jmargulies@lipcon.com

ANDREW S. FREEDMAN

Florida Bar No. 091087

afreedman@lipcon.com

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