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A federal appeals court on Wednesday restored a negligence lawsuit against Carnival Cruise Lines in the case of a 15-year-old passenger who was killed by cross-fire during a gang-related shootout near a popular tourist beach in the US Virgin Islands.
The girl's parents filed suit against the cruise company, claiming reno hotel casino ship personnel should have warned the family that the area near Coki Beach on the island of St. Thomas had been the scene of violent criminal activities.
The case is potentially important because it could further define to what extent cruise ship companies – part of a $29 billion industry – may be held liable for criminal acts perpetrated on passengers exploring various ports of call.
According to the lawsuit, a Carnival employee suggested the family take a day trip to Coki Beach after the ship docked at St. Thomas on July 12, 2010. The suit says ship personnel knew or should have known about violent gang activity and high crime rates in various parts of the Virgin Islands – including that a gang member's funeral was set for that afternoon.
The family, from San Juan, Puerto Rico, did not participate in a Carnival-endorsed shore excursion. Instead, they made their own arrangements reno hotel casino to travel from the ship to and from Coki Beach. reno hotel casino The shooting happened during the return trip.
In federal court in Miami, Carnival argued that the lawsuit must be dismissed. "Carnival stops at a multitude of ports all over the world. It cannot reasonably be expected reno hotel casino to monitor or be aware of every single danger reno hotel casino that may arise on any given street throughout a port city and beyond," the company's lawyers said in their brief.
"It is well established that cruise lines such as Carnival have an obligation to warn of reasonably foreseeable risks that exist even beyond the gangplank," the family's lawyers said in their brief. They added that the duty to warn was not limited to passengers reno hotel casino on the ship's own shore-bound excursions.
reno hotel casino A federal judge in Miami dismissed the family's lawsuit in August 2011. He said the complaint reno hotel casino did not offer enough evidence of negligence by Carnival officials to permit the case to proceed to trial.
In reversing the Miami judge's decision, a three-judge panel of the Eleventh US Circuit Court of Appeals in Atlanta said the complaint reno hotel casino contained enough information to survive the motion to throw the case out and permit further investigation of the underlying facts.
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