Carnival lawsuit alleges passenger burned by hot soup

Carnival passenger lawsuit overview: 

• Who: A federal judge in Florida declined to dismiss a lawsuit filed against Carnival Corp. last year by its former passenger Mercedes Fadraga. 
• Why: Fadraga claims Carnival is liable for second- and third-degree burns she suffered during a Carnival cruise in 2022 after hot soup was spilled on her legs. The judge ruled the claims were detailed enough to move forward. 
• Where: The Carnival class action lawsuit was filed in Florida federal court. 

A federal judge in Florida declined to dismiss a lawsuit filed against Carnival Corp. last year by a female passenger claiming the cruise ship operator is liable for second- and third-degree burns she suffered after hot soup spilled on her legs. 

Plaintiff Mercedes Fadraga’s class action lawsuit claims she suffered the burns after a fellow passenger spilled hot soup on her legs in the dining area during a Carnival cruise on Dec. 30, 2022.

Fadraga argues Carnival served the soup at a temperature exceeding industry safety standards, so much so that the bowl needed to be carried in another bowl, according to an order denying motion to dismiss. 

Judge rules claims in Carnival lawsuit detailed enough to be heard in court

Carnival, in an attempt to get the complaint thrown out, argued the lawsuit was poorly pleaded and called the claims a “shotgun pleading.”

The judge, however, ruled that, while “far from perfect,” Fadraga had been informative enough to permit a court to determine “if they state a claim upon which relief can be granted.” 

“In sum, Carnival fails to convince that Fadraga’s complaint should be dismissed on shotgun-pleading grounds,” the judge wrote. 

Fadraga claims Carnival is guilty of general negligence and negligent failure to warn. She is seeking to recover damages. 

In another recent case involving Carnival, a federal judge in California in January declined to dismiss a class action lawsuit filed against the cruise ship operator over claims it unlawfully tracked the mouse clicks and keystrokes of its website visitors. 

Have you ever been injured during a Carnival cruise? Let us know in the comments.

The plaintiff is represented by Adriana P. Santiesteban of Adriana P Santiesteban PA, Brandon L Chase of the Law Offices Of Brandon L. Chase PA and Michael A Goldfarb of Goldfarb Law PA.

The Carnival passenger lawsuit is Fadraga v. Carnival Corpo., Case No. 1:23-cv-23503, in the U.S. District Court for the Southern District of Florida.

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