Passenger Sues Carnival Over Burns from Hot Deck on Cruise Ship Sunshine

Holzberg Legal

Case Name: Frank Jury v. Carnival Corporation d/b/a Carnival Cruise Line
Case Number: 1:25-cv-21677-DPG
Jurisdiction: U.S. District Court, Southern District of Florida, Miami Division
Filing Date: April 11, 2025
Parties:

  • Plaintiff: Frank Jury, Pennsylvania resident and cruise passenger
  • Defendant: Carnival Corporation, Panama-incorporated cruise operator headquartered in Miami, Florida
    Incident Date: May 9, 2024
    Vessel: Carnival Sunshine
    Location of Injury: Deck 9, near the hot tubs on the open Lido Deck

Lawsuit Alleges Cruise Line Knew Deck Was Dangerous But Failed to Warn or Maintain Safely

Claims: Jury alleges he suffered second- and third-degree burns on both feet after stepping barefoot onto dangerously overheated deck flooring made of Bolidt Future Teak. As a diabetic with neuropathy, he did not immediately feel pain but later noticed severe injuries, which progressed to infection and ultimately required surgical amputation of bones in both feet.


Allegations of Negligence and Industry-Wide Safety Concerns

Jury brings four negligence-based claims against Carnival:

  1. Negligent Maintenance – Failure to keep deck flooring at safe temperatures
  2. Negligent Failure to Warn – Lack of signage, mats, verbal warnings, or physical barriers
  3. Negligent Training – Inadequate crew procedures to inspect and warn of hot flooring
  4. Negligent Design and Material Selection – Allegedly dangerous choice of deck flooring across Carnival’s fleet

Jury claims Carnival had actual or constructive knowledge of the hazard based on:

  • Prior lawsuits (including Musto v. Carnival, Manor v. Carnival, Golden v. Carnival)
  • Repeated incidents on other ships in the fleet
  • Crew presence near the scene
  • Industry safety standards and testing of decking materials

Additionally, Jury invokes international maritime safety regulations including SOLAS (Safety of Life at Sea) and various ASTM, ADA, and U.S. Coast Guard standards.


Trend & Policy Analysis

This lawsuit exemplifies a growing trend of burn-related litigation tied to heat-retentive synthetic flooring on cruise ships. Plaintiffs in multiple cases have alleged that Carnival and other cruise operators failed to properly warn passengers or use safer materials, particularly on sun-exposed decks.

Courts have been mixed on outcomes. While maritime law does impose a “reasonable care under the circumstances” standard, cruise lines are not insurers of passenger safety. Success often hinges on proving prior notice, the foreseeability of harm, and deviation from industry standards.

This case could set a precedent for holding cruise lines accountable not only for maintenance but for the original design and material choices of deck surfaces—especially when installed across a fleet with knowledge of prior burn incidents.


Contact Us Today

If you or someone you love suffered a serious injury aboard a cruise ship—especially due to unsafe deck conditions, lack of warnings, or negligent crew conduct—it is crucial to act quickly. Maritime law cases have strict filing deadlines and unique legal standards.

Speak with an experienced maritime attorney today to assess your legal options. Whether you are a passenger, crew member, or legal representative, timely action can make the difference in securing fair compensation.

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