Royal Caribbean Faces Class Action Lawsuit Over Terrifying Voyage

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Royal Caribbean faces a potential class action lawsuit over allegations that the luxury cruise line intentionally sailed directly toward an intensifying storm forcing thousands of passengers to experience the “sheer terror” of hurricane force winds.

Passenger Frank DeLuca filed the Royal Caribbean class action lawsuit on behalf of himself and more than 4,000 others who were allegedly informed as they were leaving port of the Captain’s plan to “outrun” the growing storm. 

DeLuca says passengers onboard the Anthem of the Seas cruise ship were confined to their staterooms for 12 hours as the gigantic ship was battered by 30 foot waves and 125 mph winds. During that time, the plaintiff states that passengers were holding onto whatever they could find to keep from being violently tossed around their cabins.

The Royal Caribbean class action lawsuit recounts the scene in detail, which includes descriptions of overturned furniture, collapsed ceilings, waves crashing through and shattering balcony doors, as well as the uncontrollable cries of young children.

However, the children were not the only ones terrified by the hurricane force winds, DeLuca says for 12 hours the violent storm caused all passengers to experience a “reasonable fear of death.”

According to the lawsuit, Royal Caribbean had numerous warnings from the National Oceanic and Atmosphere Administration who indicated that winds would increase from 35 to 50 knots the day after the Anthem of the Seas departure.

The passengers onboard the cruise ship experienced both physical, psychological and emotional damages, the Royal Caribbean lawsuit states. DeLuca says that the “fear of death” has manifested into physical symptoms including insomnia, depression, anxiety, nightmares, and dizziness.

“RCCL’s conduct in both placing the subject vessel in a violent storm and subjecting passengers to a reasonable fear of death, despite RCCL’s prior knowledge of the impending storm, was outrageous,” the lawsuit states. “This conduct is made more outrageous by the fact that this conduct was motivated by RCCL’s desire to make profit rather than ensure the reasonable safety and welfare of its passengers.”

DeLuca alleges that Royal Caribbean is liable for negligence for failing to warn passengers of the dangerous weather and sea conditions before leaving port. In addition, the plaintiff states that RCCL should have procedures in place that would have required the vessel to turn around or seek safe harbor when encountering an expected storm.

DeLuca is seeking damages under the general maritime law of the U.S. for intentional infliction of emotional distress, negligent infliction of emotional distress and negligence. The plaintiff is seeking all damages recoverable under the law, including punitive damages.

If approved, the Royal Caribbean class action lawsuit would be open to all passengers aboard the Anthem of the Seas who were subjected to the hurricane force winds and 30 foot waves on Feb. 7, 2016.

The passengers are represented by Jason R. Margulies and Michael A. Winkleman of Lipcon Margulies Alsina & Winkleman PA.

The Royal Caribbean Class Action Lawsuit is DeLuca v. Royal Caribbean Cruises Ltd., Case No. 1:16-cv-20689 in the U.S. District Court for the Southern District of Florida.