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Colombian Cruise Worker Sues Carnival After Fall Down Stairwell Aboard Carnival Horizon; Carnival Seeks Arbitration Under Seafarer’s Agreement
Deichareth Achanty Antonio Pomare, a citizen of Colombia and former cruise ship employee, has filed a maritime personal injury lawsuit against Carnival Corporation. The lawsuit, originally filed in Florida state court, was removed to the Southern District of Florida under Case No. 1:25-cv-24267-KMM, where Carnival seeks to compel arbitration under the New York Convention. Pomare alleges that she was seriously injured after falling down a stairwell aboard the Carnival Horizon due to hazardous conditions and Carnival’s failure to maintain a safe working environment.
Cruise Line Employee Falls Down Staircase on Carnival Horizon While Carrying Heavy Linen Bag
According to the complaint, Pomare was working as a crew member aboard the Carnival Horizon on January 8, 2023, when she was instructed by a supervisor to carry a heavy linen bag down a stairwell. While doing so, she slipped and fell down the stairs, suffering serious injuries. The lawsuit alleges that Carnival failed to provide a safe route, failed to train Pomare on how to carry heavy items safely, and neglected to ensure that stairwells were free from slip or trip hazards.
Pomare asserts that the stairwell lacked proper non-slip surfacing or grip tape, and that no crew members were assigned to assist her with transporting heavy items—despite the fact that Carnival was allegedly aware of the risks associated with solo linen transport and stairwell use aboard the vessel.
Complaint Alleges Unsafe Working Conditions, Inadequate Training, and Negligent Supervision Aboard Carnival Horizon
Pomare brings claims under the Jones Act, which applies to seafarers injured in the course of employment, and also seeks maintenance and cure—a maritime doctrine that requires employers to provide medical care and basic living expenses until an injured seafarer reaches maximum medical recovery. The lawsuit further alleges unseaworthiness, claiming that the Carnival Horizon was not fit for its intended purpose because of defective or unsafe conditions, such as slippery stairwells and a failure to follow standard linen transport protocols.
Pomare claims that Carnival had prior notice of similar dangerous conditions aboard its fleet and failed to enact sufficient crew safety procedures. Her legal team also alleges that supervisors directed her to carry the load in a manner that directly contributed to the fall.
Carnival Removes Case to Federal Court and Invokes Arbitration Under Seafarer Employment Agreement
In its Notice of Removal, Carnival states that Pomare’s employment contract—referred to as the Seafarer’s Agreement—includes a binding arbitration clause, enforceable under the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Carnival asserts that since Pomare is a Colombian citizen and her claims arise from her service aboard the ship, the Convention applies, and the case should be compelled to arbitration outside the U.S. court system.
Carnival removed the case pursuant to 9 U.S.C. § 205, which allows removal when a dispute relates to an arbitration agreement governed by the Convention. The cruise line argues that even if arbitration is not evident on the face of the complaint, the employment agreement provided in the removal filing clearly establishes the basis for arbitration.
The removal filing also notes that the case is legally related to several other seafarer claims involving Carnival, including Wilson v. Carnival Corp., Taylor v. Carnival Corp., and Garcia v. Carnival Corp., all of which have involved arbitration enforcement.
Plaintiff Seeks Compensation for Permanent Injuries, Medical Expenses, and Lost Future Wages
Pomare alleges she sustained serious physical injuries that are permanent or continuing in nature, including impairment of earning capacity, pain and suffering, and emotional distress. The complaint seeks damages for past and future medical care, lost income, and loss of enjoyment of life, as well as punitive damages in connection with the failure to provide proper medical treatment and maintenance and cure.
Contact a Cruise Ship Crew Injury Lawyer If You Were Hurt Working Aboard a Vessel
Cruise ship crew members have important legal rights under the Jones Act, general maritime law, and international conventions. If you were injured while working on a cruise ship due to unsafe conditions, lack of training, or employer negligence, you may be entitled to compensation—even if your employer tries to force your claim into arbitration. Our attorneys can help you evaluate your rights and fight for the recovery you deserve.
Contact us now to speak with a cruise ship crew injury lawyer.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.