New York Passenger Sues Carnival Cruise Line After Tripping Over Misleveled Elevator on Carnival Celebration
Rosemarie De Matteo, a resident of New York, has filed a maritime negligence lawsuit against Carnival Corporation in the Southern District of Florida. The lawsuit, under Case No. 1:25-cv-22766, alleges that De Matteo suffered multiple fractures and severe injuries when she tripped over an elevator that failed to level properly with the deck while boarding it aboard the Carnival Celebration.
Passenger Injured by Misaligned Elevator on Deck 16 of Carnival Celebration
According to the complaint, the incident occurred on May 22, 2024, while De Matteo was attempting to enter an elevator on Deck 16 of the Carnival Celebration. As she stepped forward, the elevator floor was misaligned with the landing, creating a sudden elevation difference. She tripped and fell forward into the elevator, sustaining a comminuted fracture and dislocation of her right humerus requiring surgery, an impacted fracture of her left humerus, and facial injuries.
At the time, a Carnival crewmember inside the elevator was holding the door open but did not warn De Matteo about the misleveled floor.
Lawsuit Claims Carnival Knew Elevator Leveling System Was Unsafe and Failed to Warn Passengers
De Matteo’s lawsuit alleges that Carnival was aware, or should have been aware, that its elevators posed a tripping hazard due to a faulty self-leveling system. The complaint points to industry safety standards, including ASME elevator codes and the ADA, which require elevators to maintain tight leveling tolerances to prevent accidents. The presence of the crewmember inside the elevator further supports Carnival’s actual or constructive notice of the hazard, according to the complaint.
Despite this knowledge, Carnival allegedly failed to inspect, maintain, and repair the elevator’s leveling feature or to block access until repairs could be made. The suit also alleges Carnival failed to provide any warning signs or verbal caution to passengers using the elevator.
Complaint Brings Claims for Negligent Maintenance and Failure to Warn, Including Vicarious Liability for Crew Negligence
The lawsuit brings three counts against Carnival: negligent maintenance, negligent failure to warn, and negligent failure to warn under vicarious liability for its crewmember’s actions. De Matteo argues that the crewmember, who was inside the elevator and holding the door for her, knew or should have known of the misalignment and failed to warn her or prevent her from entering.
As a result of her fall, De Matteo seeks compensation for extensive medical treatment, permanent injuries, pain and suffering, disability, disfigurement, and the lost benefit of her cruise vacation.
Injured by a Misleveled Elevator or Unsafe Walkway on a Cruise Ship? Learn Your Rights
Cruise lines are required under maritime law to ensure that elevators, walkways, and other passenger areas are properly maintained and safe to use. When cruise ship elevators malfunction and create tripping hazards, cruise lines can be held responsible for passenger injuries.
Contact our cruise ship injury attorneys today for a free consultation to learn about your rights and how to pursue compensation for medical costs, lost wages, and pain and suffering.
