Jones Act Lawsuit Against Norwegian Cruise Line

November 24, 2017 - News

First Amended Complaint-NCL

The Flynn Law Firm recently filed a Georgia Jones Act lawsuit for unseaworthiness, negligence, and maintenance and cure, on behalf of a seaman injured aboard the NCL Pride of America.  The Pride of America Jones Act Lawsuit was filed in Georgia, where the injured galley employee lives. According to his complaint The “Pride of America“ (hereinafter the “Vessel“) is, and was at all times relevant to this Complaint, a United States flagged vessel used for the transport of people, equipment and/or goods by water. Plaintiff was acting within the course and scope of his employment, performing his duties on board the Vessel, which was in navigation, and upon navigable waters when Plaintiff was injured and suffered damages.

Plaintiff was responsible for washing a huge volume of dishes in the utility galley. The equipment he was provided was not ergonomically sound, and he was never provided adequate help or support personnel to carry out his duties. Additionally, Plaintiff was never provided an adequate back belt, despite the rigorously and dangerous nature of his job duties.

Flynn Law Firm brought suit against NCL (Bahamas) LTD; NCL America, LLC, Pride of America Ship Holdings, and/or NCL America Holdings, LLC, and alleged that the Plaintiff has sustained and will continue to sustain permanent and painful injuries and disabilities of body and mind, has suffered and will continue to suffer loss of enjoyment of life, has incurred and will continue to incur medical, hospital and related expenses. Additionally, as a result of the actions of the Defendants and Plaintiff’s injuries, Plaintiff’s earning capacity and working ability has been impaired and he has lost and will continue to lose wages and income.

Specific allegations of negligence against NCL and the PRIDE OF AMERICA, include:

  1. The duty to provide Plaintiff with a reasonably safe place in which to work;
  2. The duty to provide reasonably safe conditions in which to work;
  3. The duty to provide Plaintiff with sufficient crew members to assist him in completing his duties and to safely and properly perform his required tasks;
  4. The duty to provide Plaintiff with adequate time in which to complete his duties safely;
  5. The duty to provide proper and/or reasonably safe equipment with which to work;
  6. The duty to provide adequate safety equipment for the performance of Plaintiff’s duties;
  7. The duty to implement and/or enforce any safety rules, regulations, or policies to keep the Vessel in a safe and seaworthy condition;
  8. The duty to instruct its employees, including Plaintiff, to perform tasks, which Defendant NCL (Bahamas) LTD knew, or in the exercise of reasonable care, should have known, would result in injuries, with a number of employees and/or a procedure or method which would avoid such injuries;
  9. The duty to properly train Plaintiff;
  10. The duty to oversee and implement safe and reasonable work methods, including a comprehensive ergonomics program; and/or
  11. The duty to comply with applicable OSHA and Coast Guard rules.
  12. Defendant NCL (Bahamas) LTD breached such above duties owed to Plaintiff.
  13. The negligence and negligence per se of Defendant NCL (Bahamas) LTD, their agents, servants, officers and/or employees, resulted in Plaintiff Boakye’s injuries, including his pain, mental, economic and non-economic damages.
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