UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO.:

GAIL SULLIVAN,

Plaintiff, 

v.

NCL (BAHAMAS), LTD.,

Defendant.

/

COMPLAINT FOR DAMAGES

Plaintiff, GAIL SULLIVAN, by and through the undersigned attorney, hereby files this 

Complaint for Damages and sues Defendant, NCL (BAHAMAS), LTD., (hereinafter “NCL”), and 

alleges as follows:

GENERAL ALLEGATIONS

1. This is an action seeking damages in excess of seventy-five thousand dollars 

($75,000.00), exclusive of interest, costs, and attorneys’ fees.

2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1333 and 1332. 

Further, this matter is being filed in the United States District Court for the Southern District of 

Florida located in Miami-Dade County, Florida, as required by the forum selection clause 

contained within the Cruise Ticket Contract issued by Defendant. Upon information and belief, 

Defendant is in possession of a copy of the subject Ticket Contract.

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3. At all times material hereto, GAIL SULLIVAN is and was a resident of the state of 

Florida.

4. At all times material hereto, NCL was incorporated in Bermuda and had its principal 

place of business in Miami, Florida.

5. All conditions precedent for filing and maintaining this action have been fulfilled, 

have been waived, or do not apply.

6. At all times material hereto, NCL owned, operated, maintained, managed, and/or 

controlled the cruise ship the Norwegian Sun.

7. On or about May 28, 2019, GAIL SULLIVAN was a fare-paying passenger aboard 

the Norwegian Sun. 

8. On or about May 28, 2019, GAIL SULLIVAN was walking down an interior 

staircase in the ship when she tripped and fell on a dangerous condition on the stairway. 

9. As a result of this incident, GAIL SULLIVAN sustained serious injury. 

10. NOTICE: NCL knew or should have known that the subject stairway was 

unreasonably dangerous as a result of its knowledge of prior similar incidents that occurred on that 

stairway aboard the Sun and other vessels in its fleet of cruise ships. See Cosmo v. Carnival 

Corporation, 272 F.Supp.3d 1336 (S.D. Fla. 2017)(J. Scola). Moreover, upon information and 

believe NCL has received several passenger complaints/comments about the unreasonably 

dangerous nature of the stairs on its vessels. In addition, upon information and belief, knew or 

should have known that the stairways on Sun were unreasonably dangerous as a result of its 

participation design and construction of the Sun and approval of the design and construction of the 

stairs See Groves v. Royal Caribbean Cruises, Ltd., 463 F. App. 837 (11th Cir. 2012). Moreover, 

NCL knew or should have known of the unreasonably dangerous condition of its stairways because 

the design, maintenance, and lighting methods used by NCL for these stairs deviated from accepted 

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industry safety practices. See, Holderbaum v. Carnival, 87 F. Supp. 3d. 1345 (S.D. Fla. 2015)(J. 

Lenard.

COUNT I

NEGLIGENT FAILURE TO WARN

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth herein, 

and alleges as follows:

11. DUTIES OWED: At all times material hereto, NCL had the duty to use reasonable 

care under the circumstances, and to maintain and operate its vessel, the Norwegian Sun in a 

reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). Cruise lines owe their passengers a duty to warn of known or foreseeable 

dangers which are not open and obvious. See, Brown v. Carnival Corporation, 202 F.Supp. 3d 1332 

(S.D. Fla. 2016)(J. Ungaro)(citing Witover v. Celebrity Cruises, Inc., 161 F. Supp. 3d. 1139, 1146 

(S.D. Fla. 2016).

12. NCL is vicariously liable for the negligent acts and omissions of its employees, 

agents, and/or independent contractors committed during the course and scope of their employment 

with NCL including their failure to reasonably warn the Plaintiff about the unreasonably dangerous 

nature of the stairway(s).

13. NCL breached the aforementioned duties of care owed to GAIL SULLIVAN in the 

following ways:

a. Failing to warn passengers, that the subject stairs contained an 

optical illusion;

b. Failing to warn passengers, including GAIL SULLIVAN of a 

hazardous and/or dangerous condition when NCL knew or should 

have known through the exercise of reasonable care, of this 

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dangerous condition;

c. Failing to take reasonable precautionary measures so that 

passengers could see and thereby be warned of the dangerous steps 

by providing adequate lighting and providing reasonable marking 

on the steps so that passengers could immediately observe the 

change of elevation.

d. Failing to provide reasonable and sufficient warnings regarding the 

condition of the subject stairs of which NCL knew or should have 

known;

e. Failing to comply with applicable building, construction, design 

and safety codes and regulations regarding warnings;

f. Failing to provide stairs with sufficient lighting and reasonably safe 

markings so that passengers could immediately observe the change 

of elevation.

14. As a direct and proximate result of the aforementioned negligence of NCL, 

Plaintiff, GAIL SULLIVAN, was injured, suffered physical impairment and/or disability, mental 

anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of preexisting conditions, inconvenience, permanent disability, loss of earnings and/or wages, loss of 

earning potential, and incurred the costs of reasonable and necessary medical expenses for the 

treatment of her injuries. These losses and injuries are permanent and continuing in nature, and 

Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

recoverable under the general maritime law and state law including but not limited to economic 

damages including medical, psychological, and other related expenses in the past and in the future; lost 

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income in the past and lost income and earning capacity in the future; non-economic damages in the 

past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

COUNT II

NEGLIGENT DESIGN, CONSTRUCTION, AND/OR APPROVAL 

OF THE SUBJECT STAIRS

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth herein, 

and alleges as follows:

15. DUTIES OWED: At all times material hereto, NCL had the duty to use reasonable 

care under the circumstances, and to maintain and operate its vessel, the Norwegian Sun, in a 

reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). The cruise line had the duty to use reasonable care in designing, constructing, 

and approving the areas of the vessel which the cruise line participated in either designing, 

construction, or approving. Groves v. Royal Caribbean Cruises, Ltd., 463 F. Appx. 837 (11th Cir. 

2012).

16. NCL is vicariously liable for the negligent acts and omissions of its employees, 

agents, and/or independent contractors committed during the course and scope of their employment 

with NCL including their failure to reasonably design, construct, and inappropriate approval of the 

unreasonably dangerous nature of the interior stairs.

17. NCL breached the aforementioned duties of care owed to GAIL SULLIVAN in the 

following ways:

a. Failing to provide a reasonably safe stairs for passengers, including 

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GAIL SULLIVAN, for use under foreseeable conditions;

b. Failing to comply with applicable building, construction, design, 

and safety codes and regulations;

c. Failing to design a reasonably stairs for passengers, including 

GAIL SULLIVAN; 

d. Failing to take reasonable precautionary measures so that 

passengers were not injured while using the stairs, including but 

not limited to: providing adequate lighting and providing 

reasonable marking on the steps so that passengers could 

immediately observe the change of elevation.

e. Approving and implementing the design of the interior stairs, 

including the use of the specific design that caused GAIL 

SULLIVAN’S fall, despite NCL’s prior knowledge that this design

was inadequately lit and provided no markings on the stairs so that 

passengers could immediately observe the change in elevation;

f. Failing to provide stairs with sufficient lighting and reasonably safe 

markings so that passengers could immediately observe the change 

of elevation.

g. Other acts of negligence to be discovered throughout discovery.

18. As a direct and proximate result of the aforementioned negligence of NCL, 

Plaintiff, GAIL SULLIVAN, was injured, suffered physical impairment and/or disability, mental 

anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of preexisting conditions, inconvenience, permanent disability, loss of earnings and/or wages, loss of 

earning potential, and incurred the costs of reasonable and necessary medical expenses for the 

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treatment of her injuries. These losses and injuries are permanent and continuing in nature, and 

Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

recoverable under the general maritime law and state law including but not limited to economic 

damages including medical, psychological, and other related expenses in the past and in the future; lost 

income in the past and lost income and earning capacity in the future; non-economic damages in the 

past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

COUNT III

NEGLIGENT MAINTENANCE OF THE STAIRWAY

Plaintiff hereby adopts and incorporates paragraphs 1 through 10 as if fully set-forth herein, 

and alleges as follows:

19. DUTIES OWED: At all times material hereto, NCL had the duty to use reasonable 

care under the circumstances, and to maintain and operate its vessel, the M/S Oasis of the Seas, in 

a reasonably safe condition and manner. See, Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318, 

1321 (11th Cir. 1989). 

20. NCL is vicariously liable for the negligent acts and omissions of its employees, 

agents, and/or independent contractors committed during the course and scope of their employment 

with NCL including their failure to reasonably warn the Plaintiff about the unreasonably dangerous 

nature of the exterior decks when wet.

21. NCL breached the aforementioned duties of care owed to the Plaintiff in the 

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following ways:

a. Failing to comply with manufacturer standards/guidelines for cleaning the 

components of the subject stairway;

b. Failing to reasonably and appropriately maintain the lighting in the area to 

prevent the appearance of an optical illusion;

c. Failing to reasonably replace and maintain the carpeting on the subject stairway; 

and

d. Failing to use reasonable care in the maintenance of the stairway.

22. As a direct and proximate result of the aforementioned negligence of NCL, 

Plaintiff, GAIL SULLIVAN, was injured, suffered physical impairment and/or disability, mental 

anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of preexisting conditions, inconvenience, permanent disability, loss of earnings and/or wages, loss of 

earning potential, and incurred the costs of reasonable and necessary medical expenses for the 

treatment of her injuries. These losses and injuries are permanent and continuing in nature, and 

Plaintiff will continue to suffer them in the future. 

WHEREFORE, the Plaintiff demands Judgment against the Defendant for damages 

recoverable under the general maritime law and state law including but not limited to economic 

damages including medical, psychological, and other related expenses in the past and in the future; lost 

income in the past and lost income and earning capacity in the future; non-economic damages in the 

past and in the future including pain, suffering, disability, aggravation of a previously existing 

condition, physical impairment, scarring, disfigurement, mental anguish, inconvenience, and loss of 

capacity for the enjoyment of life; all court costs, all interest due under the applicable law including 

interest from the date of the subject incident under General Maritime Law, and any and all other 

damages which the Court deems just or appropriate.

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Dated: May 11, 2020

Coral Gables, Florida

Respectfully Submitted,

FLANAGAN PERSONAL INJURY & 

WRONGFUL DEATH LAW FIRM, P.A.

Counsel for Plaintiff

2 Alhambra Plaza

Suite 620

Coral Gables, Florida 33134 

Tel: (305) 638 – 4143

Fax: (305) 397 - 2636

By: /s/ Michael T. Flanagan

Michael T. Flanagan, Esq. 

Fla. Bar No. 0091072

Primary E-mail: mtf@Florida-Justice.com

Secondary E-mail: mtfassistant@Florida-Justice.com

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