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Florida Couple Sues Carnival Cruise Line After Passenger Trips on Protruding Metal Frame in Guest Services Area of Carnival Mardi Gras
Arlene Sarro and her husband, Frank Sarro, both residents of Florida, have filed a maritime personal injury lawsuit against Carnival Corporation in the Southern District of Florida. The lawsuit, filed under Case No. 1:25-cv-24147, alleges that Arlene suffered serious injuries after tripping over a raised piece of metal framing in the guest services area aboard the Carnival Mardi Gras on October 1, 2024. Her husband Frank brings a companion claim for loss of consortium.
Passenger Allegedly Injured by Exposed and Protruding Metal in Guest Services Area of Carnival Mardi Gras
According to the complaint, Arlene was walking through the guest services area of the Carnival Mardi Gras when she tripped and fell due to a protruding piece of metal that formed part of a sliding door frame. The hazard allegedly rose approximately three inches above the walking surface, creating a tripping condition that was not open or obvious to passengers. The suit states that no warnings, barriers, or repairs were in place to protect guests from the danger.
As a result of the fall, Arlene claims she sustained severe and permanent injuries requiring medical treatment. She alleges that her injuries caused pain and suffering, disability, emotional distress, and loss of enjoyment of life, with long-term effects on her health and earning capacity.
Carnival Accused of Failing to Inspect, Maintain, and Warn of Dangerous Door Frame Condition
The lawsuit asserts that Carnival had a duty to maintain reasonably safe walkways and guest service areas aboard its vessels. Plaintiffs allege that Carnival breached this duty by failing to properly inspect or repair the protruding metal hazard, or to warn passengers about its presence. The complaint further claims that the dangerous condition was either created by Carnival or had existed long enough that the cruise line knew or should have known about it through reasonable care and inspection.
According to the plaintiffs, the unsafe door frame created a foreseeable risk of trip-and-fall accidents for guests passing through the guest services area, a high-traffic zone aboard the Carnival Mardi Gras.
Husband Brings Loss of Consortium Claim Related to Spouse’s Injuries
In addition to Arlene’s negligence claim, Frank Sarro brings a separate count for loss of consortium. He alleges that as a direct result of his wife’s injuries, he has suffered the loss of her companionship, services, and society, as well as mental anguish and emotional distress. These losses are described in the complaint as permanent and continuing in nature.
Legal Background: Loss of Consortium Claims in Maritime Passenger Cases
Although the Sarros assert a claim for loss of consortium, courts have held that general maritime law does not permit recovery for loss of consortium or society in personal injury cases involving non-seamen. The U.S. Supreme Court in Miles v. Apex Marine Corp., 498 U.S. 19 (1990), established that recovery under maritime law is limited to pecuniary damages, and the Eleventh Circuit held that “neither the Jones Act nor general maritime law authorizes recovery for loss of society or consortium in personal injury cases.” Lollie v. Brown Marine Service, Inc., 995 F.2d 1565 (11th Cir. 1993).
Subsequent cases—including Chan v. Society Expeditions, Inc., 39 F.3d 1398 (9th Cir. 1994), and In re Amtrak “Sunset Limited” Train Crash, 121 F.3d 1421 (11th Cir. 1997)—have reinforced this rule. District courts in Florida have repeatedly dismissed consortium claims brought by spouses of cruise ship passengers, finding such remedies unavailable under maritime law. See, e.g., Freddie Aponte v. Royal Caribbean Cruises, Ltd., Case No. 15-21854-Civ-Scola (S.D. Fla. 2016); Williams v. Carnival Corp., 2016 WL 245312 (S.D. Fla. 2016); Zagrean v. NCL (Bahamas) Ltd., 2016 WL 368277 (S.D. Fla. 2016).
In practice, this means that loss of consortium claims brought by spouses of cruise passengers have often faced significant legal hurdles. Some courts in the Eleventh Circuit and elsewhere have dismissed these types of claims, while plaintiffs continue to argue that evolving case law should allow them. As a result, while loss of consortium claims are frequently included in passenger lawsuits, they may be subject to challenge during litigation depending on how courts interpret maritime law in the specific case.
Contact a Cruise Ship Trip and Fall Lawyer if You Were Injured on a Hazardous Walking Surface Aboard a Vessel
Passengers injured by tripping hazards aboard cruise ships may be entitled to compensation under federal maritime law. Cruise lines like Carnival have a duty to keep walking surfaces, guest service areas, and public zones free of unsafe protrusions, raised surfaces, or other hazards that could cause passengers to fall. If you or a loved one has been injured in a similar incident, contact our experienced team of maritime injury lawyers today.
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Disclaimer:
Our firm does not represent the plaintiffs 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.