Royal Caribbean Class Action Says Children With Autism Put At Risk During Storm

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On Monday, Royal Caribbean was slammed with another proposed class action lawsuit over its decision last month to allow a cruise ship set sail toward the Bahamas without heeding warnings about a storm in the cruise liner’s path.

The current lawsuit has been filed by 40 families of children with autism who state they were “violently thrown around their cabins” while being confined in their staterooms for approximately 12 hours.

Lead plaintiffs Donna Incardone and Constance Savage allege that Royal Caribbean Cruises Ltd. recklessly and knowingly placed them and other families traveling in their group in harm’s way during their voyage on the ship Anthem of the Seas. The cruise liner departed from Bayonne, New Jersey on Feb. 6 headed toward the Bahamas right through the path of a major storm.

This lawsuit comes shortly after a separate proposed class action lawsuit was filed against Royal Caribbean in late February for the allegedly traumatic 12-hour trip. The two lawsuits accuse Anthem of the Seas of forcing thousands of passengers into confinement in their staterooms while the ship sailed through 20-foot waves in winds up to 125 miles per hour.

The current lawsuit also described the conditions, saying “At times, the vessel listed as far as 45 degrees for extended periods as the passengers were violently thrown around their cabins.” This caused both physical and emotional trauma to passengers, according to the lawsuit.

“While confined to their staterooms for approximately 12 hours due to the severe crashing of waves and listing of the vessel, plaintiffs were holding onto their beds or whatever they could find,” the complaint claims. “At times due to the violent movements of the ship from side to side and up and down, the plaintiffs were hurled against cabin walls, floors and furniture, sustaining bodily and psychic injuries.”

The lead plaintiffs have three children with autism named in the suit and claim Royal Caribbean knew or should have known about the storm warnings but allowed the ship to sail anyway, according to the lawsuit.

“This class action lawsuit deals with defendant RCCL’s knowing and intentional decision to sail the Anthem of the Seas with 40 families with autistic children into the path of a storm with hurricane-force winds,” the complaint alleges. “Defendant RCCL’s knowing, intentional and reckless conduct subjects RCCL to the imposition of compensatory and punitive damages.”

The proposed Class is comprised of approximately 100 to 125 members, with the matter in controversy in excess of $75,000 for each eligible Class Member, according to the suit. The plaintiffs bring forth claims of negligence, infliction of emotional distress and breach of its duty of care. The plaintiffs are demanding a jury trial.

The families of children with autism are represented by John B. Ostrow PA of Miami and Alan C. Trachtman of New York.

The Royal Caribbean Class Action Lawsuit is Donna Incardone, et al. v. Royal Caribbean Cruises Ltd., Case No. 1:16-cv-20924, in the U.S. District Court for the Southern District of Florida.

UPDATE: On Jan. 18, 2020, Royal Caribbean managed to dodge plaintiffs’ claims for punitive damages in a class action lawsuit alleging the cruise line sent a ship into the path of a storm, subjecting children with special needs, as well as their families, to a traumatic experience.