Royal Caribbean Class Action Over Stormy Cruise Gets Trimmed

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.

The Royal Caribbean class action lawsuit was filed on behalf of children with special needs, including autism, and the kids’ families after they experienced a harrowing journey on the cruise ship, the Anthem of the Seas.

According to the complaint, the captain and other ship personnel failed to heed warnings of a storm, sailing the ship into more than 130 mph sustained winds and 20-meter waves. The plaintiffs alleged they were forced to stay in their rooms with their children for 12 hours as the ship, along with them, tossed violently in the storm.

In addition to physical harm, the passengers say that they and their children suffered from emotional harm; including post-traumatic stress disorder, sleep problems and nightmares.

U.S. District Court Judge Jose E. Martinez ruled in favor of Royal Caribbean’s motion for summary judgment on the punitive damages. The judge agreed with the cruise line’s argument that it did not deliberately put passengers in the path of the oncoming storm.

The judge noted that if the cruise line failed to appropriately read the weather forecast, that it was not enough to establish a basis for punitive damages.

According to the judge’s order, “punitive damages are precluded in maritime personal injury claims except in exceptional circumstances and upon a showing of intentional misconduct…Importantly, Plaintiffs have failed to show the Defendant had ‘actual knowledge’ of the wrongfulness of its decision to sail the route it did.”

Royal Caribbean did not manage to avoid all of the class action claims, however. Judge Martinez ruled that the lawsuit’s negligence claims could proceed.

The cruise line also argued that it had no way of knowing the severity of the storm the Anthem encountered. Calling the storm an “Act of God,” Royal Caribbean contended they were unaware of the strength of the storm and the risks it would present to passengers.

Judge Martinez denied this line of argument, noting that there was evidence that Royal Caribbean may have known of the potential risk presented by the storm. According to the order, prior to the ship’s departure from New Jersey, there were reports of hurricane-force winds in the direction they were headed, along with other indications of the strength of the storm that ship personnel either missed or ignored.

Were you or your child onboard the Royal Caribbean cruise ship, the Anthem of the Seas, when it hit that major storm on Feb. 6, 2016? Tell us about your experience in the comments below!

The plaintiffs are represented by John B. Ostrow PA and the Law Office of Alan C. Trachtman.

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.

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