Trial News

Cindy Belanger, 60, was on the Bimini Superfast Limited, a ship that transported passengers to a resort in the Bahamas. After taking photographs on the ship’s upper deck, she opened a glass door on her way back into the vessel. As she started to walk through the door, she tripped over its unmarked threshold, sustaining a fractured wrist. She required multiple surgeries and continues to suffer pain. Her medical expenses totaled more than $136,100.

Belanger sued the vessel’s owner and operator, alleging failure to ensure there was adequate signage near the threshold, which was covered by the door and not readily visible. The plaintiff asserted that the defendant should have painted the threshold to make it noticeable to passengers.

The defense argued that the threshold was open and obvious and that there were warning signs that Belanger had failed to appreciate.

The jury awarded more than $361,100, finding the plaintiff 35% at fault.

Citation: Belanger v. Resorts World Bimini, No. 1:16-cv-20904-EGT (S.D. Fla. Jan. 30, 2019).

Plaintiff counsel: Jennifer Thompson and AAJ member Andrew L. Waks, both of Miami.