Newbauer v. Carnival Corp., No. 21-10955 (11th Cir. 2022)
Annotate this CaseThe Eleventh Circuit affirmed the district court's dismissal of plaintiff's negligence claims against Carnival based on failure to state a claim. Plaintiff alleged claims for negligent failure to maintain and negligent failure to warn after she slipped and fell on a wet substance near the bar onboard a Carnival cruise ship. The court concluded that plaintiff failed to include any factual allegations that were sufficient to satisfy the Iqbal and Twombly pleading standards such that it is facially plausible that Carnival had actual or constructive notice of the dangerous condition. Rather, the court concluded that plaintiff's complaint contains only conclusory allegations as to actual or constructive notice. Finally, because plaintiff never sought leave to amend the complaint, there was no error in granting leave sua sponte before dismissing the complaint.
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