In Yusko v. NCL (Bahamas), Ltd., the United States Court of Appeals for the Eleventh Circuit addressed whether a shipowner is required to have notice of risk-creating conditions to be liable under general maritime law for the negligent acts of its employees. The plaintiff, cruise ship passenger Joann Yusko (“Yusko”), filed a negligence suit against the shipowner, NCL (Bahamas), Ltd. (“NCL”), for injuries she sustained when a crewmember dropped her during a dance competition on board the ship. The United States District Court for the Southern District of Florida granted summary judgment in favor of NCL because Yusko failed to show that NCL had “actual or constructive notice of a risk-creating condition on the ship.” On appeal, the Eleventh Circuit reversed, holding that the district court applied the wrong standard in assessing Yusko’s claim because the notice requirement applies only to negligence claims proceeding under a direct liability theory. The court clarified that when a passenger sues a shipowner for maritime negligence based on vicarious liability, the passenger is not required to show that the shipowner had notice of a risk-creating condition.
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