Isbell v. Carnival Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that Carnival Cruise Line did not have constructive notice of the possible danger of a passenger being bitten by a snake during an off-the-ship excursion in a rain forest where Carnival had no report of this ever happening before to one of its passengers
• noting that there was “no testimony or evidence, other than Plaintiffs own personal opinion, that her damages resulted from” the alleged breach
• presence of snakes in a river was an apparent and obvious danger for an excursion involving cave tubing in a rain forest river
• defendant’s actual or constructive notice prerequisite to liability under cruise ship's duty to warn passengers of a dangerous condition
• “The mere fact that an accident occurred does not give rise to a presumption of a dangerous condition.”
• under federal maritime law, an operator of a cruise ship has a duty to warn of “known dangers which are not apparent and obvious”

Source: CourtListener parenthetical corpus (CC0).