A Carnival Cruise vacationer is taking legal action against the cruise line giant after sustaining second-degree burns on his feet while walking barefoot to the pool. Jorge Luis Alverio Nunez was aboard the Carnival Magic in May of last year when he burned the soles of his feet while traversing from the deck chairs to the pool, according to a lawsuit filed in Florida on May 13.
According to the complaint, which was reviewed by the Daily Mail, 'While a passenger may reasonably expect an exterior deck surface exposed to sunlight to become warm, [Alverio Nunez] could not reasonably anticipate that the deck surface had reached temperatures capable of causing severe second-degree burns within seconds of ordinary contact.' Alverio Nunez allegedly took only about twenty steps across the Lido deck of the ship, which had departed from Miami, before suffering the injury.
The lawsuit alleges that the deck was 'unreasonably hot' and accuses Carnival of failing to warn passengers. 'There were no warnings, signs or notices in the area to alert passengers that the deck was able to become so hot that it could cause second-degree burns in a matter of seconds,' the document states. Furthermore, the complaint highlights that Carnival had knowledge of at least 25 similar incidents involving passengers burning themselves on hot decks in the six years prior to Alverio Nunez's incident. Additionally, 42 other passengers reportedly complained about deck temperatures during that same period.
The complaint further asserts that the manufacturer of the deck material had provided Carnival with information regarding the material's potential to become dangerously hot, dating back to 2014. Alverio Nunez accuses the cruise company of negligence, claiming his injury caused 'a severe and life changing injury to his feet and other parts of his body.' He alleges pain and suffering, disability, disfigurement, mental anguish, loss of enjoyment of life, medical expenses, loss of earnings, and aggravation of a pre-existing condition. The plaintiff also claims he lost the value of the cruise and incurred other incidental expenses.
Alverio Nunez is seeking $5 million in damages and a trial by jury. Carnival Corporation stated to USA Today that the company does not comment on pending litigation. The Daily Mail has reached out to Carnival Cruises and Alverio Nunez's legal team for further comment.
