Court: US Court of Appeals for the Eleventh Circuit
Opinion Date: July 12, 2021
Areas of Law: Personal Injury
After falling during a dance competition on a cruise ship, the plaintiff filed suit against NCL for negligence, alleging that her partner in the competition—a professional dancer and cruise ship employee—released her hands as she leaned away from him during a dance move, causing her to fall backward and hit her head on the deck. The district court granted summary judgment in favor of NCL because NCL did not have actual or constructive notice of a risk-creating condition on the ship.
The Eleventh Circuit reversed, holding that when a passenger makes a maritime negligence claim against a shipowner based on an employee’s negligence under a theory of vicarious liability, the passenger need not establish that the shipowner had actual or constructive notice of a risk-creating condition. The court concluded that the district court applied the wrong standard in this case. The court remanded for further proceedings.
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