Patricia Bisessar v. Carnival Corporation

Summary

The United States District Court for the Southern District of Florida granted Carnival Corporation’s motion to dismiss Patricia Bisessar’s maritime negligence claims arising from a trip over a raised threshold aboard the Carnival Horizon. The court held that the complaint did not plead sufficient facts establishing Carnival’s actual or constructive notice of the allegedly dangerous condition. The dismissal was without prejudice, and Plaintiff was granted leave to amend by May 18, 2026.

Holdings

1. A cruise ship operator's duty to warn or otherwise protect a passenger from an onboard danger arises only when the operator had actual or constructive notice of the unsafe condition; notice is therefore required for both negligent-maintenance and negligent-failure-to-warn claims.
2. The complaint did not adequately plead constructive notice through prior incidents because it did not provide enough facts to determine whether the prior hazards were substantially similar to the alleged condition aboard the Horizon, including details about the vessels, locations, flooring, materials, or character of the conditions.
3. The allegations that the hazard existed long enough to invite corrective measures and that Carnival maintained an inspection schedule were conclusory and lacked sufficient factual detail to establish constructive notice.

Questions Presented

1. Whether the complaint sufficiently pleaded that Carnival had actual or constructive notice of the alleged raised threshold or change in elevation to support maritime negligent-maintenance and negligent-failure-to-warn claims.
2. Whether allegations concerning prior incidents on other vessels, Carnival's inspection schedule, and the alleged duration of the condition were sufficiently specific to establish constructive notice at the pleading stage.

Disposition

dismissed