Samuels
Samuels v. Holland American Line-USA Inc.
Opinion
Opinion
GILMAN, Senior Circuit Judge:
Gerald E. Samuels and his children were passengers on a seven-day cruise with the Holland American Line. During the time that the cruise ship was anchored in Cabo San Lucas on Mexico’s Baja Peninsula, the Samuels family visited the nearby Lover’s Beach on their own. Samuels was seriously injured by turbulent wave action while in the Pacific Ocean at that location. He sued Holland American, alleging that the cruise line breached its duty to warn him of the dangers associated with swimming there.
The district court granted summary judgment in favor of Holland American, holding that the cruise line did not have a duty to warn Samuels because the conditions of the ocean at Lover’s Beach were open and obvious and because'there was no evidence of particularly hazardous conditions or of prior accidents at that location. Samuels now appeals from that decision. For the reasons set forth below, we affirm the judgment of the district court.
I. BACKGROUND
On November 22, 2008, Samuels and his two teenaged children embarked on a seven-day cruise aboard a Holland American vessel. The ship arrived in Cabo San Lucas, Mexico, its first stop, on the…