Canadian Woman Sues Princess Cruises After Fall on Unstable Tender During Boarding from Majestic Princess in Cabo San Lucas
Wendy Foulkes, a resident of British Columbia, Canada, has filed a maritime personal injury lawsuit against Princess Cruise Lines Ltd. in the Southern District of Florida. The lawsuit, filed under Case No. 1:25-cv-24551-DPG, alleges that Foulkes was injured while boarding a tender from the Majestic Princess to reach the port of Cabo San Lucas, Mexico, on November 3, 2024.
Cruise Passenger Injured on Tender as It Suddenly Rocked While Boarding from Majestic Princess
According to the complaint, Foulkes was a fare-paying passenger aboard the Majestic Princess during a scheduled port stop in Cabo San Lucas. To access the port, passengers were required to use tenders—small vessels used to ferry guests to shore. The lawsuit alleges that the tender was not properly secured and became dangerously unstable during boarding, causing Foulkes to fall not once but twice as she attempted to take her seat.
Foulkes, who was unfamiliar with cruising and had never boarded a tender before, asserts she was not given any warnings, instructions, or assistance from crew members. The suit claims that Princess Cruises failed to account for sea conditions and the inherent risks of using tenders in unstable weather.
Princess Accused of Negligence for Continuing Tender Operations Despite Rough Conditions and Prior Injury
The lawsuit outlines several failures by Princess, including a decision to proceed with tender operations despite having actual knowledge of dangerous sea and weather conditions. It alleges that Princess monitored conditions via bridge officers and shore communications and knew that earlier that same day, another passenger had suffered a fractured leg while disembarking a tender.
The complaint further claims that Princess was already on notice of similar incidents involving injuries during tendering procedures, citing cases such as Rosenberg v. Princess Cruises, Slavitt v. Princess Cruises, and Shafighi v. Princess Cruises. These earlier cases allegedly involved failures to secure tenders and provide assistance, suggesting a pattern of unsafe operations during the boarding and disembarkation process.
Lawsuit Alleges Princess Failed to Secure Tender, Warn Passengers, and Provide Adequate Assistance
Foulkes alleges that Princess failed to secure the tender during boarding, failed to assign enough crew members to assist passengers, and failed to stop operations even after weather conditions had caused instability. The complaint argues that Princess had a duty to provide safe ingress and egress under maritime law and breached that duty by failing to warn passengers of the risks or delay operations until safe conditions returned.
The lawsuit brings four counts against Princess: vicarious liability for crew negligence, negligent failure to warn, negligent operations, and general negligence.
Passenger Seeks Compensation for Neck, Back, Shoulder, and Hand Injuries from Tender Fall
As a result of the double fall aboard the tender, Foulkes claims she sustained injuries to her neck, back, shoulder, and hand. The injuries are alleged to be permanent or continuing in nature, leading to medical expenses, pain and suffering, loss of enjoyment of life, and diminished ability to work. Foulkes is also seeking damages for the lost value of her cruise and related travel costs, asserting that the incident ruined her vacation.
Hurt During a Tendering Operation on a Cruise Ship? Know Your Rights Under Maritime Law
Cruise passengers injured during tender operations—particularly those involving unstable boarding, lack of assistance, or poor sea condition planning—may be entitled to compensation under U.S. maritime law. Cruise lines like Princess have a non-delegable duty to provide safe ingress and egress from the vessel, especially when using tenders in open water.
If you or someone you love has been injured during cruise ship tendering procedures, our legal team can help you evaluate your claim.
Contact us today for a free case consultation with an experienced maritime injury 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.
