Cruise ship owner may have higher duty of care than landowner, depending on type of danger involved

Law Reporter, May 2002

Cruise ship owner may have higher duty of care than landowner, depending on type of danger involved.

Kalendare-va v. Discovery Cruise Line P'ship, 798 So. 2d 804 (Fla. Dist. Ct. App. 2001).

A Florida appellate court held that a cruise ship owner may have a higher duty of care to individuals than a landowner, depending on the type of danger involved.

Here, Kalendareva was a passenger on a cruise ship when she was injured by a rope thrown while the ship was docking. She sued the shipowner, alleging maritime negligence. A trial court granted defendant's motion for a directed verdict, finding there was no evidence defendant knew or should have known of the danger.

Reversing, the appellate court disagreed with defendant's characterization of the case as a "slip and fall," in which plaintiff has to show notice of a dangerous condition. A shipowner, the court said, may have a higher duty of care than a landowner, depending on the danger. The extent to which the circumstances surrounding maritime travel are different from those encountered in daily life and involve more danger to passengers, the court explained, will determine how high a degree of care is reasonable in a particular case. When a shipowner owes a higher duty; it is an application of the rule that reasonable care includes a carrier's duty to warn passengers of dangers that are not apparent and obvious. Thus, the court held that the question of whether defendant should have known of the danger to passengers should have gone to the jury.

Accordingly, the court remanded for a new trial.

Plaintiff's Counsel

Arnold L. Ginsberg, Miami, Fla.

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