Is a Cruise Ship Liable When One Passenger Accidentally Injures Another Passenger?
Like land-based businesses in South Florida, a cruise ship operator may be liable if a paying customer is injured while aboard due to an unsafe or hazardous condition. Now, the first thing that probably comes to mind when it comes to a cruise ship accident is someone falling due to slippery or unsafe conditions on deck or in a stairwell. But what about a scenario where one cruise ship passenger accidentally injures another passenger?
Judge Declines to Dismiss Casino Collision Case Against Carnival
A pending federal lawsuit here in Miami, Torian v. Carnival Corporation, raises this very question. The plaintiff in this case is a New Jersey resident in her early 60s who traveled to Maryland and boarded the Carnival Legend for a two-week Caribbean cruise. One evening, while the ship was in open waters, the plaintiff visited the ship’s on-board casino to play the slot machines.
According to the plaintiff’s lawsuit, the “area around the slot machines was too small and congested for passengers with electric scooters to maneuver” safely. Nevertheless, a crew member assigned to monitor that part of the casino “allowed several scooters to crowd into that area.” Indeed, what happened next was that one such passenger drove her scooter into a second scooter. This caused the second scooter (and a light fixture) to fall on top of the plaintiff, who was seated at a slot machine. As a result, she suffered serious injuries.
Carnival Corporation, the cruise ship operator, denied responsibility for the plaintiff’s injuries and moved to dismiss her lawsuit. In an August 2025 order, United States District Judge Darrin P. Gayles denied that motion. At this stage of the litigation, the judge said, the plaintiff sufficiently alleged that Carnival was negligent by allowing “congested conditions in the slot machine area on multiple occasions” and ignoring passenger complaints about the potential safety hazard that posed.
To be clear, the judge did not rule on the merits of this allegation. He simply held that the plaintiff’s personal injury claim could proceed to discovery.
Most Cruise Ship Lawsuits Lead to Miami
One question you might have about this story is why the plaintiff, who lives in New Jersey, chose to file her lawsuit in a federal court in Florida? The answer is that it was not completely by choice. The plaintiff’s own complaint noted that she “only reluctantly brings this case in federal court.”
In most cases, when you take a cruise, the ticket issued by the cruise ship operator creates a legally binding contract. Buried in the fine print of that contract is language that commonly says you must bring any lawsuit arising from your cruise in the federal district court in Miami. So even if you are an out-of-state tourist, you may be stuck pursuing your right to compensation here in South Florida.
If you do find yourself in this situation, our Miami cruise ship accident lawyers can help. At Pita Weber Del Prado, our team has experience in both personal injury and maritime law, so we understand how to deal with cruise ship companies. Call us today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=6055021307126277504
