Cruise Injury Lawsuit Update: Federal Court Partially Dismisses Passenger’s Claim Against Carnival
August 12, 2025 – Miami, Florida – A recent federal court decision in Hopkins v. Carnival Corp., 2025 U.S. Dist. LEXIS 155555 (S.D. Fla. Aug. 12, 2025), serves as a reminder to cruise ship passengers that proving a cruise line’s liability requires more than showing a dangerous condition existed. Plaintiffs must connect the hazard directly to the cruise line’s knowledge of it under maritime law.
The Case: Passenger Injured in Theater Exit Accident
In February 2024, Leola Hopkins was attending a late-night comedy show aboard the Carnival Mardi Gras. As she exited the crowded theater on Deck 7, her foot was run over by a motorized scooter backing into the crowd. The impact knocked her backward onto the stairs, causing injuries. Hopkins claimed the accident was caused by a dangerous design: Carnival’s choice to route wheelchair and scooter traffic together with pedestrian traffic through the same narrow passageway at the theater exit.
The Legal Fight: Failure to Warn vs. Negligent Design
Hopkins’ lawsuit alleged two counts under general maritime law:
- Negligent Failure to Warn — claiming Carnival should have warned passengers about the hazard.
- Negligent Design — claiming Carnival created the hazard through the theater’s layout.
Carnival moved to dismiss the case, arguing Hopkins failed to show the cruise line had actual or constructive notice of the specific danger.
The Court’s Ruling: One Claim Out, One Claim Lives On
Judge Rodolfo A. Ruiz II agreed with Carnival that Hopkins’ failure-to-warn claim (Count I) lacked sufficient notice allegations. Hopkins pointed to Carnival’s ADA compliance history, accessibility policies, and website safety warnings. The Court found these too general or unrelated to the specific hazard of scooters and pedestrians sharing a congested exit.
After three attempts to amend, the Court dismissed Count I with prejudice, meaning Hopkins cannot refile that claim.
However, part of the negligent design claim (Count II) survived. Hopkins alleged Carnival placed handicap seating and scooter storage in a narrow Deck 7 passage not originally designed for accessibility, despite having designated accessible seating on Deck 6. The Court noted Carnival’s motion didn’t address this design theory, so it allowed Hopkins to file a Third Amended Complaint focused solely on that claim.
Why This Matters for Cruise Ship Injury Claims
Under general maritime law, cruise lines are not automatically liable for every accident on board. To win, injured passengers must show:
- The cruise line owed them a duty of reasonable care under the circumstances.
- The cruise line breached that duty.
- The breach caused their injury.
- The cruise line had actual or constructive notice of the specific hazard.
This case demonstrates that generic safety policies, ADA compliance efforts, or industry standards are not enough unless tied directly to the specific dangerous condition that caused the injury.
For design-based negligence claims, however, courts may be more willing to let the case proceed if there are allegations that the cruise line’s own layout or configuration decisions created the hazard — especially when accessibility and passenger safety intersect.
Practical Takeaways for Injured Cruise Passengers
If you’re injured on a cruise ship — whether in a slip-and-fall, excursion accident, or accessibility-related hazard — your legal team must:
- Identify the exact hazardous condition that caused your injury.
- Gather evidence showing the cruise line knew or should have known about that hazard.
- Consider whether the hazard was the result of the cruise line’s own design or operational choices.
In Hopkins v. Carnival Corp., the survival of the negligent design claim means Hopkins will have another chance to prove her case — but only on the theory that Carnival’s theater seating layout created an unsafe and inaccessible exit configuration.
Our Law Firm’s Perspective
At Holzberg Legal, we represent passengers in cruise injury lawsuits in the Southern District of Florida and nationwide. We closely track legal developments like Hopkins v. Carnival Corp. because they shape how courts view notice requirements in maritime law, design-based negligence claims, and passenger safety obligations on cruise ships.
If you or a loved one were injured aboard a cruise ship due to unsafe design, mobility device collisions, or congested passenger areas, you may have the right to pursue compensation under maritime law. Cruise lines like Carnival have a duty to ensure safe passageways and accessible areas for all passengers. Contact our experienced cruise ship injury attorneys today to discuss your potential claim. We offer free consultations and are here to help you understand your rights.
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.
