UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO.:

REBECCA CAMPBELL

Plaintiff, 

v.

CARNIVAL CORPORATION d/b/a 

CARNIVAL CRUISE LINES,

Defendant.

/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, REBECCA CAMPBELL, by and through the undersigned attorney, hereby files 

this Complaint for Damages and Demand for Jury Trial and sues Defendant, CARNIVAL 

CORPORATION, d/b/a CARNIVAL CRUISE LINES, (hereinafter “CCL”), 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, REBECCA CAMPBELL is and was a resident of the 

State of Ohio.

4. At all times material hereto, CCL was incorporated in Panama, and has 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, CCL owned, operated, maintained, managed, and/or 

controlled the cruise ship the Carnival Liberty.

7. On or about September 19, 2019, REBECCA CAMPBELL was a fare-paying 

passenger aboard the Carnival Liberty. 

8. On or about September 19, 2019, as REBECCA CAMPBELL was exiting the hot 

tub she stepped on the hot tub drain cover which was unsecured and unstable and caused her to 

fall hitting her head, right shoulder, and right hip on the deck. 

9. As a result of this incident, REBECCA CAMPBELL sustained serious injury. 

10. NOTICE: Upon information and belief, CCL knew or should have known that the 

subject hot tub was unreasonably dangerous as a result of its knowledge of prior similar incidents 

that occurred on that hot tub aboard the CARNIVAL Liberty and other vessels in its fleet of cruise 

ships. Moreover, upon information and belief CCL has received several passenger 

complaints/comments about the unreasonably dangerous nature of the hot tubs in its fleet. In 

addition, upon information and belief, knew or should have known that the hot tubs on the

CARNIVAL Liberty were unreasonably dangerous as a result of its participation design and 

construction of the CARNIVAL Liberty and approval of the design. 

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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, CCL had the duty to use reasonable 

care under the circumstances, and to maintain and operate its vessel, the CARNIVAL LIBERTY, 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. CCL 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. CCL 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 CCL including their failure to reasonably warn the Plaintiff about the unreasonably dangerous 

nature of the hot tub.

13. CCL breached the aforementioned duties of care owed to REBECCA CAMPBELL

by failing to reasonably warn passengers that exiting the hot tub was dangerous; failing to warn 

passengers that the plastic drain covers were loose, unstable, and were a hazard if stepped on; failing 

to warn that the drain covers float and/or come loose which renders them unstable and dangerous; 

failing to warn that these conditions described above render the process of exiting the hot tub 

dangerous.

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

Plaintiff, REBECCA CAMPBELL, was injured, suffered physical impairment and/or disability, 

mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of 

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pre-existing conditions, inconvenience, 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.

COUNT II

NEGLIGENT DESIGN, CONSTRUCTION, AND/OR APPROVAL 

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, CCL had the duty to use reasonable 

care under the circumstances, and to maintain and operate its vessel, the CARNIVAL LIBERTY, 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).

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16. CCL 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 CCL including their failure to reasonably design, construct, and inappropriate approval of the 

unreasonably dangerous nature of hot tub.

17. CCL breached the aforementioned duties of care owed to REBECCA CAMPBELL

by: failing to ensure that the hot tub was properly and safely designed; failing to provide a 

reasonably safe hot tub exit pathway for passengers, including REBECCA CAMPBELL, to use 

under foreseeable conditions; failing to provide a means of exiting the hot tub that was reasonably 

slip-resistant under foreseeable operating conditions including, when wet; failing to comply with 

applicable building, construction, design, and safety codes, industry standards, and regulations;

failing to reasonably secure the hot tub drain covers, and other acts of negligence to be discovered 

throughout discovery.

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

Plaintiff, REBECCA CAMPBELL, was injured, suffered physical impairment and/or disability, 

mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of 

pre-existing 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 

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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 HOT TUB DRAIN COVERS

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 CARNIVAL Liberty, in a 

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

1321 (11th Cir. 1989). 

20. CCL 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 CCL.

21. CCL breached the aforementioned duties of care owed to Plaintiff by: failing to 

comply with manufacturer standards/guidelines for maintaining the hot tub drain covers; failing to 

utilize a reasonable and appropriate maintenance practice and schedule for the hot tub drain covers;

failing to replace the hot tub drain covers when it was reasonable to do so; failing to reasonably 

secure the hot tub drain covers, and failing to use reasonable care in the maintenance of the hot tub.

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

Plaintiff, REBECCA CAMPBELL, was injured, suffered physical impairment and/or disability, 

mental anguish, loss of capacity for the enjoyment of life, pain and suffering, the aggravation of 

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pre-existing 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. 

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues so triable.

Dated: July 15, 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

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

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

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