Georgia Woman Sues Carnival Cruise Line After Unsecured Pool Hook Crashes Onto Her Head Aboard Carnival Vista
Apryl Duncan, a resident of Georgia, has filed a maritime personal injury lawsuit against Carnival Corporation in the Southern District of Florida. The lawsuit, filed under Case No. 1:26-cv-23596-JEM, alleges that Duncan suffered severe and permanent injuries after an unsecured pool hook fell and struck her head and shoulder while she was a passenger aboard the Carnival Vista on April 6, 2025.
Cruise Passenger Injured on Carnival Vista Pool Deck When Unsecured Shepherd’s Hook Falls From Wall
According to the complaint, the incident occurred while Duncan was sitting on a bench near the edge of the pool deck aboard the vessel. A few feet away from where she sat, Carnival crew members had mounted or leaned a heavy pool hook, also known as a shepherd’s hook, against a short wall in a vertical position. The pole, which is designed to reach into the water to assist struggling swimmers, was allegedly left entirely unsecured. While Duncan was seated with her back to the equipment, a very young child, estimated to be five years old or younger, briefly touched the pole while peering around the wall. As the child turned to leave, the improperly stored pole began to fall. Because the pole was significantly taller than the wall it leaned against, the top of the short wall acted as a fulcrum, causing the heavy pole to swing downward and crash into Duncan from behind. The impact resulted in serious injuries to her head, neck, and shoulder, and she is currently undergoing medical treatment and preparing for cervical fusion surgery.
Carnival Accused of Failing to Secure Dangerous Pool Equipment Despite Prior Knowledge of Falling Hazard
The lawsuit alleges that Carnival had explicit knowledge of the dangerous condition and the hazard it posed to passengers on the pool deck. Seconds after the impact, a pool waiter named Ian attended to Duncan and allegedly admitted that the exact same pole had fallen from the wall just the day before. Despite this clear warning that the equipment was prone to falling, Carnival failed to properly secure, remove, or reposition the pole to protect passengers. Furthermore, the complaint points to a prior corporate pattern of negligence regarding these specific safety devices. The plaintiff’s legal team references a similar incident that occurred on August 5, 2024, aboard the Carnival Venezia, where passenger Della Ferguson was struck in the face and shoulder by a shepherd’s hook that fell from its mount under substantially similar circumstances. Duncan asserts that the hazard was not open or obvious to her, she had no way of anticipating the risk, and she could have done nothing to prevent the sudden impact.
Complaint Alleges Negligent Failure to Maintain, Defective Equipment Storage, and Lack of Warning Signs on Carnival Vista
In addition to general negligence, the lawsuit targets Carnival’s systemic failure to maintain its pool deck safety equipment and its lack of passenger warnings. The complaint argues that Carnival breached its duty of care by failing to implement adequate safety policies, failing to properly train its staff on how to store heavy emergency rescue gear, and failing to secure the hook so that a small child could not cause it to tip over with a simple touch. Duncan claims that Carnival failed to place any caution tape, barriers, warning signs, or notices in the pool area to alert passengers that a heavy metal pole was loosely balanced near the seating area. The lawsuit seeks to hold the cruise line both directly and vicariously liable for the actions of its crew members who improperly replaced, repositioned, or repaired the broken mount and put the dangerous pole back into service without testing its stability.
Plaintiff Seeks Damages for Permanent Injuries, Cervical Surgery, and Loss of Cruise Enjoyment Due to Carnival’s Negligence
Duncan brings multiple counts of negligence against Carnival, including general negligence, negligent failure to warn, negligent failure to maintain, and vicarious liability for the negligence of its crew. She claims that the cruise line breached its non-delegable duty to maintain the ship in a reasonably safe condition. As a direct result of the falling shepherd’s hook, Duncan suffered physical pain, mental anguish, permanent physical handicap, and a loss of enjoyment of life. The lawsuit states that her injuries have forced her to incur extensive medical expenses, caused her to lose wages, and severely impaired her long-term working ability. Beyond her ongoing physical rehabilitation and upcoming spinal surgery, Duncan is also seeking compensation for the total loss of the benefit of her vacation, including her cruise fare and transportation costs, which were entirely ruined by the avoidable accident.
Contact a Cruise Ship Pool Deck Injury Lawyer Today if You Were Hurt by Falling Equipment or Unsafe Conditions
Cruise passengers who are injured while relaxing on pool decks due to falling equipment, unsecured cargo, or a lack of warning signs may be entitled to substantial compensation under federal maritime law. Cruise lines like Carnival have a strict legal obligation to ensure that all emergency gear and pool deck fixtures are properly fastened, maintained, and supervised so they do not pose a hidden hazard to guests. If you or a loved one suffered a severe injury or required surgery due to a falling object or unsafe conditions aboard a cruise ship, contact our team of experienced maritime injury attorneys today. We are dedicated to helping you navigate the complex legal requirements of cruise ship litigation and protecting your rights.
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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.
