Because Carnival failed to secure the area properly under the circumstances, on May 26, 2019, one of the metal panels in the public restroom was loose and fell. At approximately 3:00pm, [The Plaintiff] was in a public restroom on Deck 5 of the Carnival Sunshine by the casino. While in the facility, [The Plaintiff] heard a loud thump. As she stood up to exam what caused the sound, the metal or steel panel on the back of the toilet, that hides the plumbing, fell off the wall and knocked her on her head. [The Plaintiff] was unconscious after this and trapped in the stall. [The Plaintiff] finally regained consciousness and attempted to move the heavy panel that was on her back and trapping her in the stall. However, [The Plaintiff] was unable to move it and set herself free. None of Carnival’s crew members came into the restroom to inspect the loud sound.
[The Plaintiff] had to text her sister for help. [The Plaintiff’s] sister brought one crew member who was unable to assist and had to retrieve another crew member. That crew member was finally able to lift the panel enough to allow [The Plaintiff’s] sister to assist [The Plaintiff] out from under the panel.
[The Plaintiff] did not cause the metal or steel panel to fall. [The Plaintiff] did not touch, graze, make contact with, or affect the metal or steel panel before it fell on her. Thus, the injury was not the result of any action or conduct by [The Plaintiff]. The metal or steel panel is supposed to be fixed to the wall, covering the plumbing in each stall of the restroom. No one and nothing was touching the metal or steel panel. The metal or steel panel was thus stationed in the manner in which, if not for negligence by the Defendant, the brackets, or screws were supposed to keep it in place would not have broken and caused the metal or steel panel to crash down onto the head of [The Plaintiff].
Following this injury, [The Plaintiff] was taking to the infirmary where x-rays were taking of her neck. One of Carnival’s medical personnel advised that [The Plaintiff] should be in a soft neck brace but that she did not have one to provide to [The Plaintiff]. The injuries which [The Plaintiff] suffered as a result of this incident include constant headaches and thoracic back pain, neck pain and shoulder pain. Additionally, when the metal or steel panel fell on [The Plaintiff], it caused her Sacral nerve stimulation (SNS) device to dislodge and no longer function properly. [The Plaintiff] had to have surgery to fix the placement of the SNS device. These symptoms are permanent and are expected to continue in the future.