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Admiralty Law Keyed to Maraist
Kornberg v. Carnival Cruise Lines, Inc.
Citation:
741 F.2d 1332, 1985 AMC 826 (1984)Facts
Albert and Laura Kornberg were passengers on Carnival Cruise Lines’ TSS Tropicale during a one-week Caribbean cruise. During the voyage, the ship experienced significant problems with its sanitary system, with the Kornbergs’ toilet being particularly troublesome and requiring special servicing by the crew. Documentary evidence revealed that the ship had experienced similar problems on two previous cruises, and approximately 18% of passengers completing questionnaires complained about toilet issues. The Kornbergs filed a class action lawsuit seeking damages for these problems. Carnival defended by citing three disclaimers in the passenger contract: a disclaimer of liability for negligence, a disclaimer of any warranty of seaworthiness, and a disclaimer of liability for interruption of full performance of the cruise. The district court granted summary judgment for Carnival based on these disclaimers and denied class certification.
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