Maritime Law: Legal Questions After Girl’s Death Aboard Carnival Cruise Ship

On October 14, 2017, a tragedy occurred after a fatal fall on a cruise ship.  A family lost their eight-year old daughter, who fell to her death from one dock to another on a docked Carnival Cruise ship.  This heartbreaking story, reported by Yahoo! News, did not yet disclose why the girl fell.

What if the Girl or Her Parents Were At Fault?

Many commenters to this report jumped to the conclusion that the girl’s parents were at fault.  Regardless of whether they were at fault or not, these parents will pay a price for the rest of their lives.  And suffer a pain most of us would not wish on anyone.  And what if the girl or her parents were somehow at fault for this fatal fall on a cruise ship?  This would not necessarily mean that her family has no claim against Carnival Cruise Lines.

Carnival Cruise Lines Owe Their Passengers “Reasonable Care”

The law states that we all owe each other a duty of care.  This essentially means that we are responsible for keeping a look-out to avoid injury or death to others.  Depending on who we are, the standard of care may be even higher.  A cruise ship owes a duty of care as well.  In the case of its passengers, a cruise ship is required to use “reasonable care” to avoid causing accidents.[1]

What Must Carnival Cruise Lines Do About Dangerous Conditions?

If the girl fell because of a dangerous condition on the cruise ship, Carnival could be held responsible.  Cruise ships may be liable if they knew or should have known about such conditions but failed to fix them.  Additionally, cruise ships must notify their passengers about known dangerous conditions that are not “open and obvious.”[2]  If such conditions were present, the girl’s parents might have a strong case for wrongful death of their daughter.[3]

Even if Passengers are Careless, They Might Still Recover After a Fatal Fall on a Cruise Ship

In cases such as this, a cruise ship might argue that the girl was at fault for climbing a railing.  Or that her parents were negligent for not properly supervising their daughter.  As mentioned above, this does not automatically mean that the parents have no case.  If a court finds that the ship was also negligent, the parents might still prevail against Carnival Cruise Lines.[4]

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[1] See Keefe v. Bahama Cruise Line, Inc., 867 F.2d 1318 (11th Cir. 1989).

[2] See Frasca v. NCL (Bah.), Ltd., 654 Fed. Appx. 949, 952 (11th Cir. 2016).

[3] See Everett v. Carnival Cruise Lines, 912 F.2d 1355 (11th Cir. 1990).

[4] See Palmer v. Ribax, 407 F.Supp. 974 (M.D. Fla. 1976).