Arizona Resident Sues Royal Caribbean After Tripping on Broken Pool Deck Drainage System Aboard Ovation of the Seas
Tshegofatso Zikhale, a resident of Arizona, has filed a maritime personal injury lawsuit against Royal Caribbean Cruises Ltd. in the Southern District of Florida. The lawsuit, filed under Case No. 1:26-cv-21187-MD, alleges that Zikhale suffered severe and permanent injuries after tripping on a hazardous drainage system located on an open pool deck of the Ovation of the Seas on June 12, 2025.
Cruise Passenger Sustains Tibia and Fibula Fractures on Ovation of the Seas Pool Deck Due to Broken Drainage Slats
According to the complaint, the incident occurred while Zikhale was walking across Deck 14, which serves as the vessel’s open pool deck. The plaintiff alleges that a ground level water drainage system on the deck featured broken slats that created an unreasonable and dangerous gap. This gap was allegedly wide enough to catch a passenger’s footwear, and in this instance, Zikhale’s sandal became lodged in the broken slats. The sudden entrapment caused her to trip and fall forcefully to the deck. The impact resulted in fractures to both her tibia and fibula, injuries so severe that she was required to undergo surgery involving the installation of medical hardware.
Royal Caribbean Accused of Inadequate Zip Tie Repair and Knowledge of Hazardous Trip Conditions
The lawsuit asserts that Royal Caribbean had actual knowledge of the dangerous condition prior to the accident. Specifically, the complaint points to evidence that ship crew members had previously attempted to repair the broken drainage slats using a plastic zip tie. Zikhale argues that this attempted fix was woefully inadequate to remove the trip hazard and instead left the drainage system in a state of disrepair. Furthermore, the plaintiff alleges that the hazard was not open or obvious because the zip tie and the slats were the same color and blended together, making the defect difficult for a walking passenger to detect. The complaint also notes that Zikhale had been on the deck for at least ten minutes prior to the fall, during which time crew members failed to address or cordone off the area.
Complaint References Prior Royal Caribbean Drainage System Accidents as Evidence of Notice
To support the claim of constructive notice, Zikhale’s legal team references a similar prior incident involving Royal Caribbean. The complaint cites the case of Everett v. Royal Caribbean, which involved a passenger falling due to a broken drainage system on an open deck of the Wonder of the Seas in December 2023. The plaintiff argues that this previous accident should have alerted the cruise line to the fact that these drainage systems are prone to wearing down or breaking and require frequent, professional maintenance rather than temporary fixes like zip ties. By failing to implement better inspection and repair protocols after previous incidents, the cruise line allegedly allowed a foreseeable danger to persist.
Legal Counts Include Negligent Failure to Maintain and Vicarious Liability for Improper Crew Repairs
The lawsuit brings four counts against Royal Caribbean: general negligence, negligent failure to warn, negligent failure to maintain, and vicarious liability for the conduct of its crew members. Zikhale alleges that the cruise line breached its duty of reasonable care by failing to provide a safe walking surface and failing to warn passengers of the known hazard. A significant portion of the claim focuses on vicarious liability, arguing that the cruise line is responsible for the specific actions of the employees who performed the “hazardous” zip tie repair instead of replacing the drainage unit entirely. As a result of the fall, Zikhale claims she has suffered physical pain, mental anguish, disability, and the loss of the benefit of her vacation and cruise costs.
Contact a Cruise Ship Trip and Fall Attorney Today if You Were Injured by Hazardous Deck Conditions
Passengers who suffer injuries due to broken flooring, improper repairs, or hazardous drainage systems on a cruise ship may be eligible for compensation under maritime law. Cruise operators are legally required to maintain all public areas, including pool decks and walkways, in a reasonably safe condition for guests. If you or a loved one experienced a serious injury aboard a vessel due to maintenance failures or a lack of warning signs, reaching out to an experienced maritime injury lawyer can help you understand your rights.
Contact us now to speak with a cruise ship slip and fall attorney.
Disclaimer: Our firm does not represent the plaintiff in this case and is not involved in the litigation. The information provided is a summary of allegations based on publicly available court filings. We make no representations about the truth of these allegations, are not commenting on the merits of the case, and are not predicting any outcome.
