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.

LINDA NICHOLS,

Plaintiff,

vs.

ROYAL CARIBBEAN CRUISES LTD., a 

Liberian Corporation,

 Defendant.

______________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff's, LINDA NICHOLS, sues Defendant, ROYAL CARIBBEAN CRUISES LTD., 

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

PARTIES, JURISDICTION AND VENUE

1. Plaintiff, LINDA NICHOLS is a permanent resident of the State of Missouri 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.

3. This court has diversity 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 

($75,000.00) Dollars, as evidenced by the injuries alleged in Paragraph 12 below, and complete 

diversity exists between the parties.

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

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

has conducted ongoing substantial and not isolated business activities in Miami-Dade 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.

6. The Plaintiff LINDA NICHOLS has complied with all conditions precedent to bringing

this action. Specifically, pursuant to the requirements of the Passenger Ticket Contract between 

the Defendant and Plaintiff, the Plaintiff sent written notice her claim to the Defendant on 

August 20th 2019 which was received by and acknowledged by the Defendant on August 29th

2019.

7. 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. 

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

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

controlled the vessel, the Liberty of the Seas.

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

Liberty of the Seas.

10. Defendant ROYAL CARIBBEAN has at all material times the been engaged in the

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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

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business of providing marine cruises to paying passengers, operating the vessel “Liberty of the 

Seas ” among others, for that purpose.

11. On or about May 11th 2019 the Plaintiff LINDA NICHOLS was a paying passenger aboard

the Liberty of the Seas which was in navigable waters.

12. On or about May 11th 2019 the Plaintiff was walking on the pool deck near the towel return

area when she suddenly fell on a wet, foreign, or transitory substance causing her fall and to 

sustain severe injuries including, but not limited to, a compression fracture of her thoracic

vertebrae, an injury to her left wrist which required surgery to repair, an injury to her left 

shoulder which also required open surgery and internal fixation hardware and attendant post 

operative care and physical therapy. 

13. The wet, foreign, or transitory substance was not open and obvious and the Plaintiff had no

way of knowing the existence of the hazardous condition.

COUNT I - NEGLIGENT FAILURE TO WARN

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

(1) through thirteen (13) as though alleged originally herein.

15. At all material times, the Defendant owed the Plaintiff, as a paying passenger on its cruise

vessel, a duty of reasonable care, including a duty to warn of dangerous conditions known or 

reasonably should have been known, to the Defendant including places where passengers are 

invited to or may reasonably expected to visit.

16. On or about May 11th 2019 there existed a dangerous condition on the pool deck near the

Case 1:20-cv-21958-CMA Document 1 Entered on FLSD Docket 05/11/2020 Page 3 of 9
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GERSON & SCHWARTZ, P.A. • 1980 Coral Way • Miami, Florida 33145-2624

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towel return of the vessel “Liberty of the Seas”; to-wit: a wet or slippery area causing her to fall 

and sustain serious injuries.

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

Plaintiff traversed pool deck near the towel return which is an area of the ship that was in a high 

traffic area on the vessel so that the Defendant knew or should have known of the likelihood of 

the presence of a wet, foreign or transitory substance, posing a slip and fall hazard to passengers, 

but failed to undertake reasonable safety measures to warn the Plaintiff that area in a reasonably 

safe condition.

18. At all material times, the wet, foreign or transitory substance in the area where the Plaintiff

fell had existed for a sufficient period of time before the Plaintiff's fall that the Defendant had 

actual or constructive knowledge of dangers that were known, or of its presence, or knew or 

should have known in the exercise of reasonable care that the wet, foreign or transitory substance 

posed a slip and fall hazard to passengers in the area, or that passengers are invited, or may be 

reasonably expected to visit, including the subject area. 

19. As an alternative to the allegations of the preceding two paragraphs, the wet foreign and

transitory substance in the area where the Plaintiff fell recurred so frequently and regularly that 

the Defendant by and through its employees, agents or servants knew of or should have foreseen 

its recurrence and knew or should have known of its presence.

20. Notwithstanding the Defendant’s actual or constructive notice of the wet, foreign or

transitory substance in the area where Plaintiff fell, and consequent slip and fall hazard to 

passengers, the Defendant breached its duty to the Plaintiff and failed to adequately warn of the 

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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

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dangerous condition before Plaintiff's fall. The Defendant thereby failed to exercise reasonable 

care for the safety of its passengers and was thereby negligent.

21. On or about, May 11th 2019 the Defendant and/or its agents, servants and/or employees

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

a. Failing to adequately warn the Plaintiff that the area where she fell contained a 

wet, foreign or transitory substance in the area where Plaintiff fell and was dangerous and 

or;

b. Failing to adequately warn Plaintiff of the slippery nature of the floor surface 

when contaminated by a wet, foreign or transitory substance and or

c. Failing to warn the Plaintiff of the poorly maintained flooring surface in the area 

where Plaintiff fell;

d. Failure to adequately warn passengers and Plaintiff of other similar falls 

previously occurring on or about the carousel on board the same vessel and/or RCCL’s 

other vessels fleet-wide; and/or

e. Failing to adequately mark off the area where Plaintiff fell from the wet, foreign 

or transitory substance; 

22. 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 Defendant’s maintenance and/or inspections of the area 

through prior incidents involving passengers injured due to the high volume of traffic and its 

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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

close proximity to the pool area of the Defendant’s vessels and/or other vessels reported within 

the cruise industry.

23. As a direct and proximate result of one or more of the Defendant’s negligent acts as

described above, and hence of the negligence of the Defendant as specified above, the Plaintiff

LINDA NICHOLS was injured in and about her body and extremities, suffered pain and mental 

anguish therefrom, incurred medical, out of pocket and other health care expense in the treatment 

of her injuries, sustained scarring, disfigurement, disability and physical impairment, 

experienced aggravation of preexisting injuries, and suffered shame, humiliation, and the loss of 

capacity to enjoy a normal life. Furthermore, she lost the benefit of the cruise, and transportation 

costs. These damages are permanent or continuing in their nature and the Plaintiff, will continue 

to sustain these damages in the future. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for damages and 

the costs of this action and further demands trial by jury of all issues so triable as of right. 

COUNT II

NEGLIGENT FAILURE TO MAINTAIN

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

(1) through thirteen (13) as though alleged originally herein.

25. At all material times, the Defendant owed the Plaintiff, as a paying passenger on its cruise

vessel, a duty of reasonable care to maintain the area and surrounding area in a reasonably safe 

condition.

26. On or about May 11th 2019 there existed a dangerous condition on the pool deck near the

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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

towel return of the vessel “Liberty of the Seas”; to-wit: a wet or slippery area causing her to fall 

and sustain serious injuries.

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

traversed the pool deck near the towel return which is an area of the ship that was in a high 

traffic area on the vessel so that the Defendant knew or should have known of the likelihood of 

the presence of a wet, foreign or transitory substance, posing a slip and fall hazard to passengers, 

but failed to undertake reasonable safety measures to maintain the area in a reasonably safe.

28. At all material times, the wet, foreign or transitory substance in the area where the Plaintiff

fell had existed for a sufficient period of time before the Plaintiff's fall that the Defendant had 

actual or constructive knowledge of its presence and an opportunity to correct or warn of it, or 

knew or should have known in the exercise of reasonable care that the wet, foreign or transitory 

substance posed a slip and fall hazard to passengers in the subject area. 

29. As an alternative to the allegations of the preceding two paragraphs, the wet, foreign or 

transitory substance in the area where the Plaintiff fell recurred so frequently and regularly that 

the Defendant knew of or should have foreseen its recurrence and knew or should have known of 

its presence. 

30. Notwithstanding the Defendant’s actual or constructive notice of the wet, foreign or 

transitory substance in the area where Plaintiff fell, and consequent slip and fall hazard to 

passengers, the Defendant breached its duty to the Plaintiff and failed maintain the area where 

Plaintiff fell in dangerous condition created by the substance before Plaintiff's fall. The 

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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

Defendant thereby failed to exercise reasonable care for the safety of its passengers and was 

negligent.

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

a. Failing to maintain the area and surrounding area where Plaintiff fell in a 

reasonably safe condition in light of anticipated traffic on the deck, and or anticipated purpose of 

the area;

b. Failing to correct the wet, foreign or transitory substance prior to Plaintiff’s fall;

c. Failing to use slip resistant and safe flooring surfaces and materials in the area 

where Plaintiff fell;

d. Failing to use non-skid or anti slip materials on the floor in the area where 

Plaintiff in question;

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

that the subject area is timely, adequately and regularly inspected, monitored, cleaned and 

maintained free of slip and fall hazards and other dangerous conditions:

f. Failing to conduct sufficient routine inspections of the area and surrounding area 

where Plaintiff fell for slipperiness or contaminants;

g. Failing effectively to cordon off or mark the area where Plaintiff fell before she 

fell.

32. As a direct and proximate result of one or more of the Defendant’s negligent acts as 

described above, and hence of the negligence of the Defendant as specified above, the Plaintiff 

was injured in and about her body and extremities, suffered pain and mental anguish therefrom, 

incurred medical, out of pocket and other health care expense in the treatment of her injuries, 

sustained scarring, disfigurement, disability and physical impairment, experienced aggravation of 

Case 1:20-cv-21958-CMA Document 1 Entered on FLSD Docket 05/11/2020 Page 8 of 9
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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

preexisting injuries, and suffered shame, humiliation, and the loss of capacity to enjoy a normal 

life. Furthermore, the Plaintiff lost the benefit of the cruise and incurred transportation costs. 

These damages are permanent or continuing in their nature and the Plaintiff will continue to 

sustain these damages in the future. 

WHEREFORE, the Plaintiff demands judgment against the Defendant for damages and 

the costs of this action and further demands trial by jury of all issues so triable as of right. 

Executed, this 10

th day of May 2020.

Respectfully submitted, 

By: s/NICHOLAS I. GERSON

NICHOLAS I. GERSON

Florida Bar No. 0020899

ngerson@gslawusa.com

filing@gslawusa.com

ybella@gslawusa.com

PHILIP M. GERSON

Florida Bar No. 127290

pgerson@gslawusa.com

EDWARD S. SCHWARTZ

Florida Bar No. 346721

eschwartz@gslawusa.com

DAVID L. MARKEL

Florida Bar No. 78306

dmarkel@gslawusa.com

GERSON & SCHWARTZ, P.A. 

Attorneys for Plaintiff

1980 Coral Way 

Miami, FL 33145-2624

Telephone: (305) 371-6000

Facsimile: (305) 371-5749

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