GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.

KAREN ZOBAK,

Plaintiff,

vs.

ROYAL CARIBBEAN CRUISES LTD., a 

Liberian Corporation,

 Defendant.

 ______ __________ /

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, KAREN ZOBAK sues Defendant, ROYAL CARIBBEAN CRUISES LTD., a 

Liberian corporation with its principal place of business in Florida, and alleges: 

PARTIES

1. Plaintiff KAREN ZOBAK is a permanent resident and citizen of the state of 

Arizona and is sui juris. 

2. Defendant ROYAL CARIBBEAN is a Liberian corporation with its principal 

place of business in Miami, Miami-Dade County, Florida. For federal jurisdictional purposes, it 

is both a citizen of Liberia and a citizen of Florida.

JURISDICTION

3. This court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 as the 

amount in controversy is in an amount exceeding Seventy Five Thousand Dollars and No/100 

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 1 of 7
Karen Zobak v. Royal Caribbean

2

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

($75,000.00) Dollars and complete diversity exists between the parties, Plaintiff being an 

Arizona citizen and Defendant being a citizen of Florida for jurisdictional purposes. The 

damages alleged in Paragraph 10 support an award of damages in excess of $75,000.00.

4. At all material times, the Defendant has had its principal place of business in 

Florida and has conducted ongoing substantial and not isolated business activities in MiamiDade County, Florida, such as operating maritime cruise vessels for paying passengers, including 

the Plaintiff, so that in personam jurisdiction exists in the United States District Court for the 

Southern District of Florida.

5. This court also has personal jurisdiction over the parties as Defendant ROYAL 

CARIBBEAN was at all material times doing business and having its principal place of business 

in Miami-Dade County, thereby being subject to the personal jurisdiction of this Court.

VENUE

6. In the operative ticket contract, the Defendant requires fare paying passengers 

such as the Plaintiff to bring any lawsuit against it arising out of injuries or events occurring on 

the cruise voyage in this federal judicial district. Further, the Defendant's principal place of 

business is located in Miami Dade County Florida. Accordingly, venue is proper in this Court. 

LIABILITY AND DAMAGE ALLEGATIONS COMMON TO ALL COUNTS

7. At all material times, the Defendant was engaged in the business of operating 

maritime cruise vessels for fare paying passengers and for this purpose operated, among other 

vessels, the M/S "MARINER OF THE SEAS.”

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 2 of 7
Karen Zobak v. Royal Caribbean

3

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

8. At all material times, the Plaintiff was a fare-paying passenger on board the M/S 

“MARINER OF THE SEAS” and in that capacity was lawfully present on board the vessel.

9. On or about March 25, 2019, while the Plaintiff was lawfully on board the M/S 

MARINER OF THE SEAS as a fare paying passenger, she was walking on Deck 11 near the 

pool deck bar, when she slipped on a wet, foreign or transitory substance and thereby fell, 

sustaining serious injuries. 

10. As a direct and proximate result of the slip and fall as described above, the 

Plaintiff was injured in and about her body and extremities, including a pelvic fracture, suffered 

pain and suffering therefrom, sustained mental anguish, sustained disfigurement, disability, 

aggravation of preexisting injuries, and the inability to lead a normal life. Furthermore, Plaintiff 

incurred medical, hospital, and other out of pocket and health care expenses as a result of her 

injuries. Plaintiff has also lost earnings and will continue to lose earnings or earning capacity in 

the future. These damages are permanent or continuing in their nature and the Plaintiff will 

continue to sustain and incur these damages in the future.

COUNT I – NEGLIGENT MAINTENANCE

The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

paragraphs 1-10 above and further alleges:

11. At all material times, the Defendant owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to maintain the floor surface on Deck 11 and the area where Plaintiff fell in 

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 3 of 7
Karen Zobak v. Royal Caribbean

4

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

a reasonably safe condition, including a duty to correct dangerous conditions of which it knew or 

should have known in the exercise of reasonable care. 

12. At all material times including the time referenced in the preceding paragraph, the 

surface of the area where the Plaintiff fell was in a high traffic area and was in a condition 

dangerous to passengers traversing the area, including the Plaintiff, due to it being wet and 

therefore slippery. 

13. At all material times, the Defendant either knew or should have known of the 

dangerous condition in the area where the Plaintiff fell, or in the exercise of reasonable care 

should have known of its dangerous condition, because it was in a high traffic area, or due to the 

length of time the dangerous condition had existed, its recurring nature, or both, and Defendant 

accordingly owed a duty to Plaintiff timely to exercise reasonable care, or to remedy the 

dangerous condition. 

14. Notwithstanding Defendant’s actual or constructive knowledge of the dangerous 

condition of floor on Deck 11, the Defendant failed before the time of the Plaintiff's injury to 

take reasonable measures to maintain the area in a reasonably safe condition or to correct the 

dangerous condition by drying or cordoning off the area or otherwise. The Defendant thereby 

failed to exercise reasonable care for the safety of its passengers including the Plaintiff and was 

thereby negligent.

15. The Defendant's specific negligent acts or omissions consist of one or more of the 

following:

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 4 of 7
Karen Zobak v. Royal Caribbean

5

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

a. Failing to maintain the floor surface or area in a reasonably safe condition;

b. Failing to comply with Defendant’s policies and procedures for preventing slip 

and fall accidents; 

c. Failing to conduct sufficiently frequent routine inspections of the area where 

Plaintiff fell for wetness, slipperiness or contaminants; 

d. Failing timely to correct or remedy the wet or slippery condition of the area where 

Plaintiff fell.

16. As a direct and proximate result of the Defendant’s negligence as described above 

the Plaintiff has sustained and continues to sustain the damages alleged in Paragraph 10 above. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for compensatory 

damages and the costs of this action.

COUNT II – NEGLIGENT FAILURE TO WARN

The Plaintiff adopts, re-alleges, and incorporates by reference the allegations of 

paragraphs 1-10 above and further alleges:

17. At all material times, the Defendant owed the Plaintiff, as a fare-paying passenger 

lawfully on board a passenger vessel it operated, a duty of reasonable care, including the duty to 

take reasonable steps to warn of dangerous conditions of which it knew or should have known in 

the exercise of reasonable care.

18. At all material times, including the time referenced in the preceding paragraph, 

the surface of the area where the Plaintiff fell was in a high traffic area and was in a condition 

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 5 of 7
Karen Zobak v. Royal Caribbean

6

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

dangerous to passengers traversing the area, including the Plaintiff, due to the presence of a wet, 

foreign or transitory substance and therefore slippery. 

19. At all material times, the Defendant either knew or should have known of the 

dangerous wet, foreign or transitory substance condition of the area in which the Plaintiff fell, or 

in the exercise of reasonable care should have known of the condition because it was in a high 

traffic area, or due to the length of time it had existed, its recurring nature, or both, and 

Defendant owed a the Plaintiff a duty to warn her adequately of the dangerous condition.

20. Alternatively, at all material times, the Defendant created the dangerous wet, 

foreign, or transitory substance in the area where Plaintiff fell and therefore either knew or 

should have known of the presence or in the exercise of reasonable care should have known of 

the condition because it was in a high traffic area, or due to the length of time it had existed, its 

recurring nature, or both, and Defendant owed a the Plaintiff a duty to warn her adequately of the 

dangerous condition.

21. Notwithstanding Defendant’s actual or constructive knowledge or creation of the 

dangerous condition of the floor on Deck 11, the Defendant failed before the time of the 

Plaintiff's fall the Defendant failed to take reasonable measures adequately to warn the Plaintiff. 

The Defendant's specific negligent acts or omissions consist of one or more of the following:

a. Failing to properly warn passengers including the Plaintiff of the subject 

dangerous condition of the floor on Deck 11 and area where Plaintiff fell that 

Defendant knew, or in the exercise of reasonable care should have known existed, 

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 6 of 7
Karen Zobak v. Royal Caribbean

7

GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

Dade (305) 371-6000 •Broward (954) 845-0535 • Fax (305) 371-5749 •Toll Free (877) 475-2905

www.injuryattorneyfla.com

through the use of appropriate signs, markings, oral or written warnings, or 

otherwise;

b. Failing to properly warn passengers including the Plaintiff of the slippery nature 

of the flooring/ and or of the presence of a wet, foreign or transitory substance on 

the floor, through the use of appropriate signage, markings, oral or written 

warnings, or otherwise;

22. As a direct and proximate result of the Defendant’s negligence as described above 

the Plaintiff sustained and continues to sustain the damages alleged in Paragraph 10. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for compensatory 

damages and the costs of this action. 

DEMAND FOR JURY TRIAL

The Plaintiff hereby demands trial by jury of all issues so triable as of right.

Executed this 30th day of April, 2020. 

s/NICHOLAS I. GERSON

NICHOLAS I. GERSON

Florida Bar No. 0020899

GERSON & SCHWARTZ, P.A.

Attorneys for Plaintiff

1980 Coral Way

Miami, FL 33145-2624

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

Case 1:20-cv-21791-FAM Document 1 Entered on FLSD Docket 04/30/2020 Page 7 of 7