Our firm represents Mrs. Tonya Manning who was a guest aboard the Carnival Valor. The cruise was arranged by the Make-A-Wish Foundation as it was her son’s Tyler wish to go on a cruise and swim with the dolphins. The Mannings originally selected a dolphin encounter to take place when the ship arrived in Honduras. Carnival, however, called the Mannings down to Guest Services and arranged the dolphin encounter to take palace in Chankanaab Park when the ship arrived in Cozumel, Mexico. At no time did Carnival warn Mrs. Manning that the park’s staircases were ill maintained and dangerous.
On June 17, 2011, the Mannings disembarked the cruise ship and proceeded to Chankanaab Park. During the excursion, the Mannings were invited to use the park’s amenities. After swimming with the dolphins, there was time left on the excursion so the Mannings decided to go snorkeling. The Mannings visited a place within park known as “The Dive Shop”. While walking down ill maintained stone and cement steps from “The Dive Shop” to the beach, Ms. Manning’s foot got stuck causing her to fall. The fall resulted in a severely broken ankle requiring an open reduction internal fixation surgery. Mrs. Manning now walks with a permanent limp.
Though Carnival Cruise never warned Ms. Manning of the dangerous stone steps within Chankanaab Park, there are travel websites which have posted visitor complaints about the park’s stone steps.