Is a Miami Cruise Ship Operator Liable for a Guest Killed During an Offshore Excursion?
One of the major appeals of cruise ship travel for many people sailing out of Miami are offshore excursions. These refer to the off-ship activities available to guests at a ship’s various ports of call. Cruise ship operators often sell these excursions as add-on packages and heavily promote them in marketing campaigns. But what happens if a guest is seriously injured or even killed during an offshore excursion? Can the cruise ship operator be held legally responsible in a personal injury or wrongful death case?
Pennsylvania Man Drowned While Rescuing Girl on Bermuda Beach
A federal court here in Miami is dealing with just such a case. Gong v. NCL (Bahamas) Ltd. arose from the tragic death of a Norwegian Cruise Lines passenger in March 2014. The victim was a tourist from Pennsylvania who booked a Caribbean cruise with Norwegian originating in New York City. As part of his cruise package, the victim also purchased an offshore excursion promoted by Norwegian for Horseshoe Bay Beach, a popular tourist spot in Bermuda.
During the excursion, the victim visited the beach with his wife, mother, and children. While the wife and mother sunbathed on the beach, the victim took his kids into the water. The children later ran back to their mother, informing her that the victim had swam out in the ocean water to rescue a girl who was floating away due to a previously unnoticed riptide. While the victim was able to rescue the girl, however, it came at the cost of his own life. Although a bystander was able to pull the victim from the water, he still died due to drowning.
The victim’s wife and mother subsequently sued Norwegian for negligence and wrongful death. The crux of the lawsuit is that Norwegian failed to exercise “reasonable or ordinary care” in supervising the Horseshoe Bay Beach excursion. In particular, Norwegian failed to recognize the strong current and undertow conditions in the bay at the time. And despite promoting the excursion as an “easy” activity in a “more controlled environment,” Norwegian allegedly failed to provide adequate look-outs or lifeguards to protect guests who might drown or get carried away by the riptide.
In July 2025, the federal judge overseeing the lawsuit dismissed some of the claims against Norwegian. Notably, the judge rejected personal claims filed by the victim’s mother and wife individually because under the Death on the High Seas Act–the federal statute that controls this case–only the victim’s estate can bring a claim for damages. (The victim’s wife is also the executor of her estate.) And while the estate can proceed with its negligence claims, the judge dismissed allegations that Norwegian engaged in “negligent misrepresentation” by making “false and misleading statements” about the safety of the excursion.
Contact a Miami Cruise Ship Accident Lawyer Today
Most cruise lines, including Norwegian, insert clauses into their ticket contracts requiring any personal injury claims be litigated here in Miami. So if you, or someone you love, has been seriously injured or killed while on a cruise ship and you need legal advice from an experienced Miami maritime compensation lawyer, contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
Source:
storage.courtlistener.com/recap/gov.uscourts.flsd.686406/gov.uscourts.flsd.686406.38.0.pdf
