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CARLISLE v. ULYSSES LINE LTD., S.A.
475 So.2d 248 (1985)
District Court of Appeal of Florida, Third District.
July 23, 1985.
In extending a cruise ship's duty to its passengers beyond the port, we also circumscribe the duty. Our holding applies only to carriers that have a continuing obligation of care for their passengers, and does not extend to a carrier engaged simply for point-to-point transportation. That duty, which is to warn, encompasses only dangers of which the carrier knows, or reasonably should have known. Cf. McCormick Shipping Corp. v. Stratt,322 F.2d 648 (5th Cir.1963) (shipowner bound not only by what it actually knows, but also what it should have known, as to defects existing on the ship). Additionally, the duty to warn is limited to dangers known to exist in the particular place where the passenger is invited to, or reasonably may be expected to visit. The defendants urge us to apply the doctrine of proximate cause and hold that they are not liable as a matter of law where the criminal acts of a third party constitute an intervening or superceding cause of injury. The short answer to this contention is that a party may be liable in negligence for intervening criminal acts if the acts are foreseeable. See Bullock v. Tamiami Trial Tours, Inc.,266 F.2d 326 (5th Cir.1959) (where injury to passenger by third party could have been "reasonably anticipated" or "naturally expected to occur" or "reasonably foreseen," the carrier must protect its passenger from, or warn him of, the danger); Restatement (Second) of Torts § 448 (1965). Furthermore, the issue of foreseeability is ordinarily a jury question where there is sufficient evidence of foreseeability to preclude a determination of the issue as a matter of law. See Bullock; Werndli v. Greyhound Lines, Inc.,412 So.2d 384 (Fla. 2d DCA 1982) (in action by bus passenger against carrier and bus terminal sublessee for injuries sustained in attack by third party near darkened, closed, and locked terminal, evidence was sufficient to create jury question as to whether criminal attack on passenger was reasonably foreseeable). We dispose of the summary judgment issue on narrow points of law, holding (1) the contract in question does not, indeed could not, relieve the defendants from liability for their own negligence, and (2) a duty of a cruise ship line to its passengers is not limited to the point of debarkation and embarkation. The trial court did not consider the facts as they relate to a breach of the now-recognized duty to warn, for which purpose the case must be remanded. Reversed and remanded for further consistent proceedings.
1. No appeal was taken from the order dismissing count II based on a breach of warranty.
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