UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

CASE NO.:

EVELYN DOYLE,

Plaintiff, 

v.

NCL (BAHAMAS) LTD.,

Defendant.

/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, EVELYN DOYLE, by and through the undersigned attorney, hereby files this 

Complaint for Damages and Demand for Jury Trial 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, EVELYN DOYLE is and was a resident of the state 

of California.

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 Bliss.

7. On or about May 12, 2019, EVELYN DOYLE was a fare-paying passenger 

aboard the Norwegian Bliss. 

8. On or about May 12, 2019, EVELYN DOYLE was walking into her cabin when 

she tripped on a poorly maintained step in her cabin.

9. As a result of this incident, EVELYN DOYLE sustained serious injury. 

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

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

similar steps aboard the Bliss 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 cabin steps in its fleet. In addition, upon information and belief, knew or 

should have known that the cabin steps on Bliss were unreasonably dangerous as a result of its 

participation design and construction of the Bliss and approval of the altered design. See Groves v. 

Royal Caribbean Cruises, Ltd., 463 F. Appx. 837 (11th Cir. 2012). Moreover, NCL knew or 

should have known of the unreasonably dangerous condition of its cabin steps because the design

and operation methods used by NCL for these cabin steps deviated from accepted industry safety 

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

knew or should have known of the existence of the poorly maintained cabin steps caused the 

Plaintiff’s fall.

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 

Bliss, 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 cabin steps.

13. NCL breached the aforementioned duties of care owed to EVELYN DOYLE in 

the following ways:

a. Failing to reasonably warn passengers that the cabin steps are 

dangerous;

b. Failing to reasonably warn passengers of the existence of the step 

in to the bathroom in the guest cabin;

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c. Failing to place warning signs in the cabin indicating that the 

cabin steps were dangerous;

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

Plaintiff, EVELYN DOYLE, 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.

COUNT II

NEGLIGENT DESIGN, CONSTRUCTION, AND/OR APPROVAL 

OF THE CABIN STEPS

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 

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reasonable care under the circumstances, and to maintain and operate its vessel, the Norwegian 

Bliss, 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 exterior decks when wet.

17. NCL breached the aforementioned duties of care owed to EVELYN DOYLE in 

the following ways:

a. Failing to provide a reasonably safe walking space for passengers, 

including EVELYN DOYLE, for use under foreseeable 

conditions;

b. Failing to provide sufficient contrast of the change in elevation 

between the floor of the cabin and the bathroom; 

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

and safety codes and regulations;

d. Failing to design a reasonably safe walking space for passengers, 

including EVELYN DOYLE; 

e. Approving and implementing the design of the cabin steps, 

including the use of the specific design that caused EVELYN 

DOYLE’S fall, despite NCL’s prior knowledge that these steps l 

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were unreasonably dangerous and therefore, unfit for use in a 

cabin;

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

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

Plaintiff, EVELYN DOYLE, 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.

COUNT III

NEGLIGENT MAINTENANCE OF THE CABIN STEPS

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 

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reasonable care under the circumstances, and to maintain and operate its vessel, the Norwegian 

Bliss, 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 cabin steps.

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

the following ways:

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

cabin steps;

b. Failing to utilize a reasonable and appropriate maintenance practice and 

schedule for the cabin steps;

c. Failing to resurface the cabin step and walking surface when appropriate;

d. Failing to use reasonable care in the maintenance of the subject cabin steps.

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

Plaintiff, EVELYN DOYLE, 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 

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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.

Dated: May 1, 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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