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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 1:20-cv-22780

MANUEL MARTINEZ, 

Plaintiff,

v. 

ROYAL CARIBBEAN CRUISES, LTD.,

A LIBERIAN CORPORATION, 

Defendant. 

/ 

COMPLAINT FOR DAMAGES AND DEMAND FOR TRIAL BY JURY

Plaintiff, MANUEL MARTINEZ (“Plaintiff”), through undersigned counsel, sues Defendant, 

ROYAL CARIBBEAN CRUISES, LTD. (“RCCL”), and demands trial by jury, stating as follows:

PARTIES AND JURISDICTION

1. Plaintiff seeks damages in excess of $75,000.00, exclusive of interest, costs and

attorney’s fees.

2. This Court has admiralty and maritime jurisdiction pursuant to 28 U.S.C.§ 1332 and

28 U.S.C.§ 1333 as the causes of action asserted are maritime torts.

3. Suit is filed in Federal Court because of the federal forum selection clause in the

Passenger Contract Ticket issued by Defendant.

4. Plaintiff is sui juris and is a resident and citizen of the State of Florida.

5. Plaintiff is entitled to a jury trial pursuant to Leslie v. Carnival Corp., 22 So.

3d561,562 (Fla. 3d DCA 2008). 

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6. Defendant is a foreign corporation who is authorized to conduct and who does 

conduct business in the State of Florida, who at all times materialhereto was and is doing business 

in Miami-Dade County, Florida, and who maintains its corporate headquarters and principal place 

of business in Miami-Dade County, Florida.

7. Defendant is a citizen of the State ofFlorida.

8. Defendant, at all times material hereto, personally or through an agent, in the County 

and in the District in which this Complaint is filed:

a. Operated, conducted, engaged in or carried on a business venture in this state and/or 

county; and/or

b. Had an office or agency in this state and/or county; and/or

c. Engaged in substantial activity within this state; and/or

d. Committed one or more of the acts stated in Florida Statutes, Sections 48.081, 

48.181 or 48.193.

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

been waived, or do notapply.

FACTUAL ALLEGATIONS

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

controlled the vessel, the RCCL Navigator of the Seas.

11. The incident occurred on or about October 28, 2019, while Plaintiff was a lawfully 

paying passenger aboard Defendant’s cruise ship vessel, the RCCL Navigator of the Seas.

12. While Plaintiff was playing basketball on the court located on the top deck of the 

ship, a slippery substance on the court caused him to slip and fall. As a result of the fall, Plaintiff 

suffered severe injuries, including, but not limited to, a dislocated elbow. However, when Plaintiff 

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was seen by the ship’s medical center, the ship’s doctor and staff refused to reset/relocate 

Plaintiff’s elbow. 

13. At all times relevant, the subject basketball court, the subject floor, and the vicinity, 

were unreasonably dangerous, risk-creating, defective, outdated, improperly designed, improperly 

installed, and/or otherwise unsafe.

14. This area lacked adequate safety features to prevent Plaintiff’s fall.

15. These hazardous conditions were known, or should have been known, to Defendant in 

the exercise of reasonable care.

16. These hazardous conditions existed for aperiod of time before the incident.

17. These conditions were neither open nor obvious toPlaintiff.

18. Nevertheless, at all times relevant, Defendant failed to adequately inspect the area of 

Plaintiff’s incident for dangers.

19. At all times relevant, Defendant failed to adequately inspect the subject basketball court,

area, the subject floor, and the vicinity, to ensure that they were reasonably safe, and in a reasonably 

safe condition.

20. At all times relevant, Defendant failed to eliminate thehazard(s).

21. At all times relevant, Defendant failed to properly maintain thisarea.

22. At all times relevant, Defendant failed to maintain the floor and the vicinity.

23. At all times relevant, Defendant participated in the design and/or approved the design of 

the subject basketball court, the subject floor and the vicinity

24. At all times relevant, Defendant participated in the installation and/or approved the 

installation of the subject basketball court, the subject floor, and the vicinity.

25. At all times relevant, Defendant participated in the design and/or approved the design of 

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the area surrounding the subject basketball court, the subject floor, and the vicinity.

26. At all times relevant, Defendant failed to properly train and supervise its 

employees/agents.

COUNT I

NEGLIGENCE

27. Plaintiff hereby adopts and re-alleges each and every allegation in paragraphs 1 through 

26 as is set forthherein.

28. Defendant owed a duty to exercise reasonable care under the circumstances for the 

safety of its passengers.

29. This duty includes, but is not limited to, the duty to provide its passengers reasonable 

care to inspect for and resolve dangerous, risk-creating, and hazardous conditions that passengers, 

including the Plaintiff, will likely encounter.

30. This duty also includes, but is not limited to, the duty to maintain its ship in a 

reasonably safe condition for the use and enjoyment of its passengers.

31. This duty also includes, but is not limited to, the duty to warn passengers of hazards

which passengers may reasonably be expected toencounter.

32. At all times material, Defendant, through its vessel, crew, agents, employees, staff, 

and/or representatives, who were acting in the course and scope of their employment and/or 

agency with Defendant, breached the duty of reasonable care owed to Plaintiff and were negligent 

in one or more of the following ways:

a. Installing a basketball court on Defendant’s vessel that was inherently and

unreasonably dangerous for passengers to use;

b. Failing to keep and maintain the subject basketball court, area, floor, and the vicinity 

in a reasonably safe condition, so as to help prevent hazards to its passengers;

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c. Failing to inspect, clean, keep and maintain the subject basketball court, area, floor, 

and the vicinity in a reasonably safe condition;

d. Failing to install proper and reasonable safeguards to prevent passengers from being 

injured when traversing the subject area;

e. Failing to take proper precautions for the safety of passengers using the subject area;

f. Failing to promulgate and/or enforce adequate policies and procedures for inspecting, 

cleaning and maintenance of the subject basketball court, area, floor, and the vicinity;

g. Creating a risk-creating condition and/or failing to remedy a risk-creating condition 

which was known by Defendant, and which in the exercise of reasonable care should 

have been known by Defendant;

h. Failing to adequately train its crew to keep the subject basketball court, area, floor, 

and the vicinity free of hazards;

i. Failing to employ sufficient crewmembers or adequately trained crewmembers to 

properly inspect, clean, and maintain the area of the ship where Plaintiff’s incident 

occurred, and Defendant knew or should have known that this ship was inadequately

staffed;

j. Failing to treat the subject basketball court, area, floor, and the vicinity to prevent 

them from becoming unreasonably slippery and/or otherwise unreasonably

dangerous;

k. Failing to properly and safely instruct passengers making use the subject basketball 

court of the risks involved with the use of the subject area;

l. Failing to properly and adequately supervise the passengers, crew, and other 

employees/agents in the subject area;

m. Failing to take proper precautions for the safety of passengers when encouraging

passengers to make use of the subject basketball court;

n. Failing to promulgate and/or enforce rules, restrictions or procedures to ensure the

safety of passengers using the subject basketball court;

o. Failing to promulgate and/or enforce rules or procedures to ensure that crew

members are adequately supervising the games taking place on the subject basketball 

court;

p. Failing to adequately train its crew to keep the subject basketball court, area, floor, and 

the vicinity, clean and free of hazards, and to warn and/or instruct passengers regarding

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use of the subject area and the dangers pertaining thereto;

q. Failing to engage proper and reasonable safeguards to prevent passengers from being 

injured while making use of the subject basketball court;

r. Negligently designing, approving, and/or failing to inspect and remedy the subject 

basketball court, area, floor, and the vicinity;

s. Failing to provide safety equipment to passengers using the subject area;

t. Failing to warn Plaintiff of the dangers of using the subject basketball court and/or 

failing to warn Plaintiff of the risk creating conditions;

u. By failing to prevent and/or causing the subject basketball court, area, floor, and the 

vicinity to become slippery and/or hazardous;

v. Failing to provide proper drainage in the subject area;

w. Failing to provide proper and adequate medical care in its infirmary, including, but 

not limited to, failing to adequately treat Plaintiff, failing to diagnose Plaintiff’s 

injuries and/or misdiagnosing his injuries, and aggravating the severity of the injuries 

by the ship’s medical staff;

x. Failing to comply with applicable standards, statutes, or regulations the violation of 

which is negligence per se and/or evidence of negligence;

y. Failing to otherwise maintain the area and the premises in a safe and reasonable 

manner; and/or

z. Through other acts or omissions constituting a breach of the duty to use reasonable 

care which will be revealed through discovery.

33. Defendant’s negligence proximately caused Plaintiff great bodily harm in that, but for 

the Defendant’s negligence, Plaintiff’s injuries would not have occurred.

34. Defendant either (a) had actual knowledge of the risk- creating conditions; (b) had 

constructive knowledge of the risk-creating conditions; (c) would have had knowledge of the riskcreating conditions had Defendant implemented proper methods of inspection; and/or (d) created the 

risk-creating conditions.

35. As a result of Defendant’s negligence, Plaintiff has suffered severe bodily injury 

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resulting in pain and suffering, disability, disfigurement, mental anguish, loss of capacity for the 

enjoyment of life, expense of hospitalization, medical and nursing care and treatment, loss of 

earnings, and loss of ability to earn money.

36. The losses are either permanent or continuing in nature.

37. Plaintiff has suffered these losses in the past and will continue to suffer such losesin 

the future.

WHEREFORE, Plaintiff, MANUEL MARTINEZ, demands Judgment against Defendant

for damages suffered and costs incurred, as well as for damages and costs that Plaintiff will suffer 

and incur in the future, as a result of Plaintiff’s bodily injury, pain and suffering, disability, 

disfigurement, scarring, mental anguish, hospitalization, medical care and treatment, nursing care and 

treatment, loss of earnings, loss of ability to earn money, loss of important bodily functions, and loss 

of capacity for the enjoyment of life; for all court costs, pre- and post-judgment interest, and for any 

and all other relief which the Court deems just or appropriate.

DEMAND FOR JURY TRIAL

Plaintiff, MANUEL MARTINEZ, demands trial by jury on all issues so triable.

Dated: July 7, 2020.

ARONFELD TRIAL LAWYERS

Attorneys for Plaintiff

1 Alhambra Plaza, Penthouse

Coral Gables, Florida 33134

P: (305) 441.0440

F: (305) 441.0198

By: /s/ Spencer Aronfeld

Spencer M. Aronfeld, Esq. 

Florida Bar No.: 905161

aronfeld@Aronfeld.com

Matthias M. Hayashi, Esq. 

Florida Bar No.: 115973

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mhayashi@aronfeld.com

Abby H. Ivey, Esq.

Florida Bar No.: 1002774

aivey@aronfeld.com

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