A Miami Federal Court has found that a Norwegian Epic trip and fall case is allowed to proceed to jury trial after denying NCL’s Motion for Summary Judgment. This case concerns a passenger who tripped and fell over a raised threshold at the entrance of the ladies’ restroom located on Deck 15 aboard the Norwegian Epic cruise ship. From this trip and fall, the passenger hit her head on the restroom wall, lost consciousness and awoke on the floor. She suffered a split lip, black eyes, and severe injuries to her wrist and head. The injured passenger filed a negligence lawsuit against NCL in the United States District Court for the Southern District of Florida claiming that the raised threshold was unreasonably dangerous.
Elements of a Cruise Passenger Negligence Claim
In order for an injured cruise passenger to be successful in bringing a negligence claim, it must be shown that the cause of the accident, here the raised threshold, was unreasonably dangerous and that the cruise line knew or should have known of the unreasonably dangerous condition. NCL filed a motion for summary judgement arguing the injured plaintiff did not have enough evidence for a reasonable jury to find that the threshold was unreasonably dangerous or that NCL had notice of the threshold was unreasonably dangerous.