Torts — Cruise ships — Maritime law — Negligence — Failure to maintain safe walkway — Failure to warn — Passenger tripping over leg of lounge chair while walking through narrow pathway on cruise ship — District court erred in granting summary judgment in favor of cruise ship on claims of negligent failure to maintain safe walkway and failure to warn of dangerous condition by concluding that condition was open and obvious and that cruise ship lacked actual and constructive notice of the hazard — In concluding that condition was open and obvious and that cruise ship lacked notice, the court failed to draw all factual inferences in favor of passenger — Duty to warn — Viewing facts in light most favorable to passenger, genuine dispute of material fact exists as to whether the dangerous condition associated with walkway was open and obvious where record supports an inference that a reasonable person in passenger’s circumstances would not have observed the chair leg obstructing her path — Genuine dispute of fact exists as to ship’s notice of the danger where there is evidence that corrective measures were taken to prevent people from tripping over lounge chairs in the walkway — Even if allegedly dangerous condition were open and obvious, that would only defeat the failure to warn claim, and would not preclude the claim for negligent failure to maintain a safe premises — Genuine dispute of material fact precludes summary judgment on negligent maintenance claim where passenger presented sufficient evidence for a reasonable jury to conclude that cruise ship negligently maintained an unsafe walkway that fell below industry standards
28 Fla. L. Weekly Fed. C1048a
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