Cruise Ship Law

BARBARA WALSH, Plaintiff, v. NCL (BAHAMAS) LTD. et al., Defendants.
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
2006 U.S. Dist. LEXIS 92996
December 18, 2006, Decided

PROCEDURAL POSTURE: Plaintiff passenger filed suit against defendant cruise line, seeking to recover damages that the passenger sustained in connection with her fall on a wet floor. The cruise line moved for dismissal pursuant to Fed. R. Civ. P. 12(b)(6).

OVERVIEW: The passenger slipped on a wet floor in the spa area of the cruise line's ship, allegedly because water had been allowed to accumulate on the floor. The passenger alleged that the cruise line was negligent in failing to keep the spa's floor from becoming wet and slippery. The court held that the passenger's complaint stated a cause of action for negligence. However, the court held that the passenger failed to state a claim when she alleged that the cruise line failed to render proper medical treatment when the passenger was denied the use of a wheelchair for the duration of the voyage. First, if the passenger was alleging that the cruise line failed to treat her medically, such claim failed because, under precedent in the United States Court of Appeals for the Fifth Circuit, the cruise line had no duty to provide the passenger with medical services. Second, if the passenger was alleging that the cruise line was vicariously liable for the ship's doctor's refusal to provide the passenger with a wheelchair, such claim failed because the negligence of a ship's doctor in treating a passenger could not be imputed to a carrier.

OUTCOME: The court denied the cruise line's motion to dismiss as to the claim for negligence. The court granted the cruise line's motion to dismiss as to the claim that the cruise line failed to treat the passenger medically.