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Passenger Sues NCL and Shore Excursion Operators After High-Speed Catamaran Crash in U.S. Virgin Islands
While participating in a snorkeling excursion sold and marketed by NCL aboard the NCL Encore, Bertha Maldonado claims she suffered serious injuries when the catamaran she was riding in crashed into a dock at high speed. The complaint alleges that the vessel, operated by Chukka and Cruise Ship Excursions, lost control on approach, causing a violent collision that injured Maldonado as she sat near the bow.
NCL Cruise Passenger Injured in Catamaran Dock Collision During Excursion Sues Cruise Line and Tour Operators
Case Title: Bertha Maldonado v. NCL (Bahamas) Ltd., Cruise Ship Excursions Inc., and Chukka Virgin Islands Operating Company LLP
Case Number: 1:25-cv-21498
Filing Date: March 31, 2025
Jurisdiction: U.S. District Court, Southern District of Florida (Miami Division)
Plaintiff: Bertha Maldonado, California resident
Defendants:
- NCL (Bahamas) Ltd. (Cruise Operator)
- Cruise Ship Excursions, Inc. (Excursion Provider)
- Chukka Virgin Islands Operating Company LLP (Local Tour Operator)
Incident Date: January 31, 2024
Excursion: Castaway Shipwreck Sail & Snorkel
Location: St. Thomas, U.S. Virgin Islands
Complaint Claims Joint Venture and Apparent Agency Between NCL and Excursion Providers for Catamaran Crash
Key Negligence Allegations
The lawsuit includes eight counts, asserting both direct and vicarious liability against the cruise line and its excursion partners:
- Negligent Selection & Retention (Counts I & V): NCL allegedly continued to sell excursions operated by Chukka and Excursions despite prior complaints and incidents.
- Negligent Operation (Counts II & VI): Both Chukka and Excursions are accused of operating the catamaran at an unsafe speed, failing to manage risk or maintain safe practices, and employing unqualified staff.
- Apparent Agency (Counts III & VII): NCL allegedly marketed the excursion exclusively under its brand without disclosing third-party involvement, leading passengers to reasonably believe it was an NCL-run operation.
- Joint Venture (Counts IV & VIII): The complaint details a profit-sharing and operational relationship between NCL and both shore excursion partners—asserting joint and several liability for one another’s negligence.
Plaintiff’s Injuries
Maldonado claims the force of the dock allision threw her violently, causing:
- Bodily injury and possible aggravation of preexisting conditions
- Pain and suffering
- Disability and mental anguish
- Medical expenses and long-term care
She was transported by ambulance to a local hospital following the incident. Her injuries are described as permanent or ongoing.
Legal Ramifications of Shore Excursion Injuries and Cruise Line Liability Under Maritime Law
Are Cruise Lines Liable for Third-Party Excursion Accidents?
This lawsuit raises significant questions about cruise line accountability for injuries during shore excursions, particularly when:
- The excursion is sold, marketed, and ticketed exclusively by the cruise line
- The cruise line shares revenue and maintains control over scheduling, marketing, and vendor selection
- Injuries result from vessel operation and navigation under maritime law
Courts have increasingly accepted apparent agency and joint venture theories in similar excursion injury cases, especially when the cruise line fails to clearly disclose third-party operators or exerts control over the excursion’s operations.
Safety and Oversight in Adventure Tourism Excursions
This case adds to a growing body of litigation against cruise lines involving:
- Snorkeling, sailing, and zipline excursions with history of inadequate safety
- Failure to vet excursion vendors despite complaints or prior incidents
- Passengers unaware of the actual operator’s role and safety record
Injured During a Shore Excursion on a Cruise Vacation? Know Your Rights
If you or a loved one was injured during a cruise-sponsored shore excursion—whether due to operator negligence, unsafe vessels, or poor supervision—you may have a case under maritime law.
📞 Consult a maritime personal injury attorney to explore your legal options and hold cruise lines and their partners accountable for excursion-related injuries.