A federal judge in Miami has ordered Carnival Corporation to pay $344,051 to Vivian Ruiz Rondón, a 62-year-old passenger who suffered serious injuries after tripping over a poorly installed threshold aboard the Carnival Celebration cruise ship. The verdict, delivered on September 4 by Judge Roy Altman of the Southern District of Florida, found the Doral-based company negligent in maintaining the vessel.
Initially, Rondón had sought nearly $14 million in damages, but the compensation was significantly reduced throughout the legal proceedings, first to $4.1 million and ultimately to just over $344,000.
Hidden Hazard Aboard the Ship
The incident occurred on May 12, 2023, as Rondón was walking down the hallway toward her cabin. Her sandal caught in a gap between the carpet and a metal threshold on deck 12, causing her to fall heavily. The court's investigation revealed that the threshold was improperly installed, with a 0.6% slope, creating an uneven edge exceeding 0.25 inches—the maximum recommended for pedestrian surfaces. There was neither a ramp nor signage to warn of the danger.
The judge dismissed Carnival's argument that the condition was "open and obvious," emphasizing that neither passengers nor crew could easily detect it. It was demonstrated during the trial that the issue only became apparent when service carts were pushed over the threshold, sometimes getting stuck.
Carnival's Negligence: What They Should Have Known
A crucial aspect of the ruling was the judge's rejection of the "actual notice" defense, instead siding with the passenger under the principle of constructive notice. Carnival, the judge explained, should have been aware of the defect since it had been present since the ship's construction and persisted for six months prior to the accident.
The court noted that cleaning staff and security officers were responsible for inspecting and reporting irregularities with thresholds, yet failed to do so, allowing the hazard to remain unaddressed.
Injuries and Compensation Details
The judge acknowledged the following injuries as directly resulting from the fall: a fracture in the right arm, a dislocated right shoulder, and partial tears in two tendons (subscapular and infraspinatus). However, claims of head, knee, finger injuries, and complete tears of the supraspinatus tendons were dismissed as chronic and pre-existing. The court even pointed out that Rondón had a history of shoulder issues prior to the cruise.
The $344,051.24 compensation was allocated as follows: $29,051.24 for past medical expenses, $200,000 for past non-economic damages (pain, suffering, limitations, distress, etc.), and $115,000 for future non-economic damages. The judge denied pre-judgment interest, common in some maritime cases, citing uncertainty over damages until the verdict. Attorney fees were also not awarded.
Legal Repercussions and Industry Impact
"We are reviewing the judgment and available options to determine the next steps," Carnival said in a statement to the Miami Herald. The plaintiff's attorney, John H. Hickey, hailed the decision as a clear victory in terms of liability, although he regretted that the monetary award was less than anticipated.
This case is noteworthy as most lawsuits against cruise companies do not reach trial. According to maritime law experts, over 90% of civil claims are settled through confidential agreements, making this verdict an important public precedent.
For Vivian Ruiz Rondón, what was meant to be a relaxing Caribbean voyage on the Carnival Celebration turned into a lengthy legal battle. Her case might inspire other injured passengers to pursue their claims in court rather than accept private settlements.
Ongoing Legal Battles: Carnival and Helms-Burton Act
Carnival, along with Royal Caribbean, Norwegian, and MSC, has been embroiled in a high-profile lawsuit since 2019 under Title III of the Helms-Burton Act, filed by Havana Docks Corporation, the former concessionaire of Havana's port docks. The company, led by Mickael Behn, claims the cruise lines benefited from properties seized by the Cuban regime while operating tourist trips to the island between 2016 and 2019.
In December 2022, federal judge Beth Bloom ruled that the companies engaged in "trafficking acts" and "prohibited tourism," awarding Havana Docks a combined $400 million compensation. However, in October 2024, the Eleventh Circuit Court of Appeals overturned this ruling, determining that Havana Docks' concession rights had expired in 2004, thus invalidating any property interest during the period the cruise lines used the facilities.
The legal dispute did not end there. In January 2025, the Eleventh Circuit stayed its judgment, allowing Havana Docks time to seek a Supreme Court review. If the high court agrees to hear the case, it could establish a significant precedent regarding the Helms-Burton Act's application to foreign companies doing business in Cuba.
Meanwhile, the cruise lines have avoided paying the hefty compensation but remain under the shadow of a litigation intertwining economic, diplomatic, and political interests, closely observed in both the United States and Cuba.
FAQs on Carnival's Legal Cases and Liabilities
What was the cause of Vivian Ruiz Rondón's injury on the Carnival cruise?
Vivian Ruiz Rondón was injured after her sandal caught in a gap between the carpet and a metal threshold on deck 12 of the Carnival Celebration, causing her to fall.
How did the court determine Carnival's negligence?
The court found that Carnival should have known about the defect in the threshold, as it was present since the ship's construction and went unaddressed for six months before the accident.
What injuries did the court recognize as results of the fall?
The court recognized a fractured right arm, a dislocated right shoulder, and partial tears in two tendons as directly resulting from the fall.