Is a Miami Cruise Ship Operator Liable for the Sexual Assault of a Passenger?
The Port of Miami (PortMiami) handles more cruise ship passengers than any other port in the world. According to PortMiami’s own figures, more than 8.2 people boarded cruise ships in Miami between October 2023 and September 2024. Unfortunately, with that many people boarding–and drinking on–cruises, there are going to be situations where passengers are injured in shipboard accidents or even intentional criminal acts.
Celebrity Settles After Judge Denies Motion to Dismiss Lawsuit
Cruise ships operators are eager to sell you expensive drinks packages. They are far less eager to accept the consequences of a passenger drinking too much and sexually assaulting another passenger. A recent federal lawsuit addressed just such a terrible scenario.
In this case, Doe v. Celebrity Cruises, Inc., the unnamed “Jane Doe” plaintiff and her husband boarded the Celebrity Constellation for a cruise in March 2023. One night during the cruise, the plaintiff locked herself out of her cabin. Her husband was asleep inside the cabin, so the plaintiff knocked on the door of the adjoining cabin. Although the plaintiff did not know the occupant of the neighboring cabin–the co-defendant in this case–the two cabins were connected by an adjoining door. The co-defendant agreed to let the plaintiff use the door to reenter her own cabin.
But once the plaintiff was inside the co-defendant’s cabin, he proceeded to physically and sexually assault her. The plaintiff managed to escape and alert shipboard security, and they detained the co-defendant until he could be removed from the ship. During this event, the co-defendant was visibly intoxicated.
To further compound the plaintiff’s trauma, a Celebrity crew member directed the plaintiff to leave her luggage outside of her room while she was questioned by the FBI. But the crew member–and the luggage–subsequently disappeared. This resulted in the loss of $7,000 worth of jewelry in the plaintiff’s suitcase.
The plaintiff subsequently filed a personal injury lawsuit in Miami federal court, naming Celebrity and her attacker as co-defendants. In March 2025, United States District Judge Darrin P. Gayles dismissed the attacker, a Utah resident, from the lawsuit, as the court lacked personal jurisdiction over him. (The plaintiff can still re-file her lawsuit against him in Utah.)
More to the point, Judge Gayles denied a motion to dismiss several of the claims against Celebrity. The plaintiff’s complaint alleged Celebrity was negligent in over-serving her attacker alcohol “despite his clear intoxication” and thus created a dangerous condition that led to the sexual assault. Without deciding the case on the merits, the judge said the plaintiff alleged sufficient facts to proceed with her case.
Celebrity, however, opted to settle the plaintiff’s lawsuit for an undisclosed amount just a few weeks after Judge Gayles’ ruling.
Contact a Miami Cruise Ship Accident Lawyer Today
When you purchase a cruise ship ticket, you actually agree to a number of terms and conditions that affect your right to sue the cruise operator in the event of an accidental or intentional injury. That is why it is important to speak with a qualified Miami cruise ship accident lawyer if you are injured during a cruise. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=10124501946841366970
