Nebraska Cruise Passenger Sues Royal Caribbean for Severe Burns on Mariner of the Seas Outdoor Deck

Holzberg Legal

On April 22, 2025, Joshua Vickery, a Nebraska resident, filed a personal injury lawsuit against Royal Caribbean Cruises Ltd. in the United States District Court for the Southern District of Florida. The complaint alleges that Vickery suffered catastrophic injuries, including the surgical amputation of a toe, after walking barefoot on an unreasonably hot outdoor deck surface aboard the Mariner of the Seas during his August 9, 2024 cruise.

Joshua Vickery Files Personal Injury Lawsuit Alleging Dangerous Deck Surface Aboard Royal Caribbean’s Mariner of the Seas

According to the Verified Complaint, Vickery was walking on an exterior walkway of the ship when he unknowingly encountered a section of deck that had become dangerously overheated due to direct sun exposure. Although visually indistinguishable from the surrounding areas, the deck surface had reached temperatures capable of causing severe burns. Without adequate warnings, signs, or markings to alert passengers to the hazard, Vickery sustained significant burns to both feet. His injuries led to infection and ultimately required surgical amputation of his left toe.

The lawsuit alleges that Royal Caribbean knew or should have known of the recurring risk of dangerously hot deck surfaces across its fleet, citing prior incidents on other vessels such as the Grandeur of the Seas, Rhapsody of the Seas, and Explorer of the Seas. Despite this knowledge, the cruise line allegedly failed to take reasonable measures to maintain safe walking conditions or warn passengers of the risk.

Vickery seeks damages for medical expenses, pain and suffering, disfigurement, loss of earning capacity, and emotional distress.

Legal Analysis: Cruise Line Responsibility for Burns Caused by Overheated Decks on Passenger Vessels

Under general maritime law, cruise ship operators owe a duty of reasonable care to maintain their vessels in a safe condition for passengers. Vickery’s complaint asserts several negligence theories against Royal Caribbean, including negligent maintenance, failure to correct a known hazardous condition, and failure to warn.

A Florida cruise ship burn injury lawyer would immediately recognize that prior similar incidents—specifically burns caused by overheated deck surfaces—are highly relevant to proving constructive notice. Vickery’s allegations that Royal Caribbean knew of the hazard yet failed to implement corrective measures, such as surface material changes, shading, or warning signs, strengthen his claim of breach of duty.

Royal Caribbean may argue that the risk of walking barefoot outdoors was open and obvious. However, Vickery’s complaint effectively anticipates this defense by emphasizing that the deck’s visual appearance did not signal any danger and that the extreme heat would not be apparent without direct physical contact.

Cases involving injuries from latent or non-obvious dangers generally favor plaintiffs, particularly when there is evidence that the cruise line had prior knowledge and failed to act.

Trend and Policy Analysis: Growing Burn Injury Lawsuits Against Cruise Lines Over Outdoor Deck Surfaces

The Vickery lawsuit exemplifies a broader trend in cruise ship litigation, where passengers seek damages for burn injuries sustained on outdoor decks and pool areas. As cruise ships grow larger and deck spaces become more expansive, the use of lighter-colored, heat-retaining materials without adequate shade or warning has increasingly come under scrutiny.

Courts in maritime jurisdictions like the Southern District of Florida are beginning to take seriously claims that cruise lines should anticipate extreme surface temperatures in tropical or high-heat environments. Prior settlements and verdicts have placed pressure on cruise operators to reassess deck design, signage, and passenger safety measures to prevent avoidable injuries like those Vickery suffered.

Failure to address these hazards not only exposes cruise lines to substantial liability but also damages their brand reputation among safety-conscious travelers.

Call a Florida Cruise Ship Burn Injury Attorney Today

If you or someone you love has suffered burns from an overheated deck surface aboard a cruise ship, you may be entitled to compensation. Contact a Florida cruise ship burn injury attorney today to protect your rights and pursue justice under maritime law.


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