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Alcohol Over Service Liability on Cruise Ships

Alcohol Over Service Liability on Cruise Ships: Negligence on the High Seas

Welcome to this edition of Cruise Line Lawsuit Weekly! This week’s cases spotlight the serious risks that passengers allege they face while aboard some of the world’s most renowned cruise ships. From dangerous design flaws to alleged security mishaps and over-service of alcohol, these lawsuits reveal how split-second decisions and overlooked safety measures can lead to lasting consequences. The allegations in this week’s filings feature stories of passengers who sought relaxation but ended up in medical disembarkations, confrontations, or worse.

  1. On January 16, 2025, Debra Clark, a resident of Missouri, filed a lawsuit against NCL (Bahamas) Ltd. in the Southern District of Florida (Case No. 1:25-cv-20244). Debra Clark alleges that the incident occurred on July 29, 2023, aboard the Norwegian Bliss, where Clark tripped and fell over an unmarked raised threshold while entering the restroom of her stateroom. Clark alleges the hazardous condition was poorly designed, lacked proper warnings, and had no visual cues to alert passengers to the elevation change. Debra Clark claims she sustained serious injuries, including head trauma and loss of consciousness, leading to her medical disembarkation on the same day. She asserts that NCL was negligent in failing to warn passengers, maintain safe thresholds, and address similar prior incidents on its vessels.
  2. On January 16, 2025, Michael Chismar, a resident of Pennsylvania, filed a lawsuit against Royal Caribbean Cruises Ltd. in the Southern District of Florida (Case No. 1:25-cv-20239) alleging that he was injured on March 1, 2024, while he was a passenger on board the Independence of the Seas during a five-night cruise to the Western Caribbean. Chismar alleges two separate acts of negligence by Royal Caribbean. First, Chismar claims he was overserved alcohol in the casino despite being visibly intoxicated, which allegedly contributed to his impaired state and subsequent fall. Second, he alleges a malfunctioning elevator adjacent to the casino failed to level properly with the lobby floor, causing him to trip and fall. Chismar alleges he sustained a fractured elbow and other injuries, resulting in pain, suffering, disability, medical expenses, and loss of earnings. Chismar asserts Royal Caribbean was negligent in overserving alcohol, violating its own policies, and failing to properly maintain the elevator.
  3. On January 17, 2025, Brian Forsythe, a resident of Connecticut, filed a lawsuit against NCL (Bahamas) Ltd. in the Southern District of Florida (Case No. 1:25-cv-20281). Forsythe alleges that the incident occurred on January 24, 2023, while he was a passenger on board the Norwegian Prima. Forsythe alleges he was attacked by a severely intoxicated passenger who had been overserved alcohol by crew members. Forsythe claims the attacker, who had been reported to security for belligerent behavior, was not effectively restrained and managed to attack him multiple times. Forsythe alleges he was detained by security, denied prompt medical attention, and allegedly threatened with baseless charges. In contrast, as alleges, Forsythe’s attacker was briefly detained and then moved to a first-class area of the ship. Forsythe is seeking damages for physical injuries, emotional distress, and alleged discrimination, asserting that NCL was negligent in overserving alcohol, failing to prevent the attack, and mishandling the aftermath of the incident.

Dram shop laws, which regulate the service of alcohol, operate differently on cruise ships compared to their application on land. Cruise lines may face liability for over serving alcohol to passengers under maritime law. Maritime law requires cruise lines to exercise reasonable care, under the circumstances to protect passengers, including the management of alcohol service.

Cruise lines can be held accountable for overserving alcohol to passengers if intoxication leads to injury or harm to the vessel or others. This liability is grounded in negligence rather than state-specific dram shop statutes. Courts have ruled in favor of passengers in alcohol-related incidents aboard cruise ships. The focus is on whether the cruise line acted negligently in serving alcohol.

Cruise lines are required to follow industry-specific training protocols. These standards include training for alcohol management to ensure passenger safety and compliance with maritime expectations. Onboard bartenders are expected to monitor alcohol consumption closely. They must identify signs of overservice, such as visibly intoxicated passengers or unusually high bar tabs accumulated by individuals or small groups.

Cruise lines face the unique challenge of balancing a festive onboard atmosphere with the responsibility to manage alcohol consumption. Maritime regulations aim to ensure passenger safety while recognizing the centrality of alcohol to the cruise experience. These principles reflect the distinct legal landscape governing alcohol service at sea, emphasizing passenger safety while accounting for the unique dynamics of cruise environments.

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