Florida negligence cases often center around the question of whether the person or company being sued failed to satisfy the duty of care - if any - owed to an injured party under the circumstances. In Carroll v. Carnival Corp., the U.S. District Court for the Southern District of Florida explains that the extent of the duty owed depends on the specific facts of the case.
Ms. Carroll was injured in two separate accidents while a passenger aboard the Carnival "Miracle" during her first ever cruise. Carroll broker her elbow when she slipped and fell in one of the ship's elevators and broke her femur two days later in a second slip and fall accident in a cabin bathroom. She sued Carnival for two counts of negligence in federal district court, alleging that the duty of care owed to her by the company increased following the first accident.
As the court explained, Carroll acknowledged that she was under no special restrictions after the first accident. She was treated for the elbow injury by a doctor in Nassau while the ship was in port and had her arm placed in a sling, but was not told to wear certain clothes, walk a certain way or refrain from any particular activity. Carroll did not request help from the ship's staff in getting around the boat, according to the court, and suffered the second injury after having trouble with her pants while in the bathroom.