Colombian Crew Member Sues MSC Cruises Over Back and Knee Injuries Aboard MSC Musica
David Jesus Ascencio Presida, a citizen of Colombia, has filed a maritime injury lawsuit in Broward County Circuit Court against MSC Malta Seafarers Co. Ltd., MSC Cruise Management (UK) Ltd., MSC Cruises, S.A., and Musica Cruise Ltd. The lawsuit alleges that Presida, a junior cabin steward aboard the MSC Musica, suffered serious back and knee injuries on July 4, 2022, when a fellow crew member forcefully opened a cabin door without warning, striking him in the back and causing him to fall.
MSC Musica Crew Member Injured After Being Struck by Cabin Door During Cleaning Duties
According to the complaint, Presida was cleaning a passenger cabin when another cabin steward abruptly entered, swinging the door open into his back. The impact caused him to twist and fall forward, injuring his lower back and right knee. The lawsuit alleges the coworker failed to check whether the cabin was occupied before entering and used excessive force in opening the door. Presida claims this negligent act is attributable to MSC as the employer and operator of the MSC Musica.
MSC Cruises Accused of Failing to Train Crew and Maintain Safe Work Practices
Presida’s legal team contends that MSC failed to implement proper safety rules and training to prevent crew from entering occupied cabins without warning. The lawsuit further alleges that MSC did not conduct risk assessments for cabin cleaning tasks, failed to provide a safe method of operation, and assigned Presida to physically demanding work without necessary precautions. The complaint states that even after the injury, supervisors and medical staff failed to adequately evaluate his condition, instead returning him to full duty without proper testing or referral to a specialist.
Allegations of Inadequate Medical Care and Violation of Maintenance and Cure Duties
Following the incident, Presida visited the ship’s infirmary complaining of severe back pain radiating to his right knee. He claims he was given only painkillers and was not referred for neurological or orthopedic evaluation. According to the complaint, MSC failed to provide prompt, proper, and adequate medical treatment both onboard and after he signed off the vessel in November 2022. Presida alleges he has not reached maximum medical improvement and remains without essential treatment. Under maritime law, a shipowner’s duty to provide maintenance (daily living expenses) and cure (medical care) is non-delegable, and failure to meet this obligation can result in liability for additional damages.
Claims of Unseaworthiness Due to Unsafe Crew Procedures and Lack of Proper Training
The lawsuit also asserts that the MSC Musica was unseaworthy at the time of the incident. Unseaworthiness, under general maritime law, refers to a vessel’s failure to be reasonably fit for its intended use. Presida alleges that unsafe operational methods—such as the practice of opening cabin doors without verifying occupancy—combined with inadequate training and insufficient medical staffing, rendered the vessel unfit. The complaint further claims that the vessel’s medical staff lacked the training to properly diagnose and treat his injuries, aggravating his condition.
Legal Analysis: Jones Act Negligence and Unseaworthiness Claims for Cruise Ship Crew Members
Under the Jones Act (46 U.S.C. § 30104), seamen injured in the course of their employment may sue their employer for negligence. Employers have a duty to provide a reasonably safe work environment, adequate training, and proper equipment. In Presida’s case, the allegations of unsafe cabin entry procedures, lack of training, and improper medical care could support a Jones Act negligence claim if proven.
The unseaworthiness doctrine is separate from negligence and imposes strict liability on vessel owners for unsafe conditions that make the vessel unfit for its intended purpose. Even temporary hazards—such as untrained crew performing unsafe tasks—can render a vessel unseaworthy. If the unsafe method of opening cabin doors is found to be a standard practice or the result of inadequate oversight, Presida could recover damages without proving fault in the traditional sense.
Additionally, maintenance and cure obligations require shipowners to provide injured seamen with food, lodging, and medical care until they reach maximum medical improvement. Failure to fulfill this duty can lead to punitive damages if the employer’s conduct is found to be willful and wanton, as established in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2009).
Plaintiff Seeks Damages for Permanent Injuries, Lost Wages, and Pain and Suffering
Presida seeks compensatory damages for medical expenses, lost wages, diminished earning capacity, pain and suffering, and loss of enjoyment of life. He alleges that his injuries are permanent and continuing, preventing him from resuming his career at sea or engaging in other physically demanding work. The lawsuit demands a jury trial and seeks all remedies available under general maritime law and the Jones Act.
Contact a Maritime Crew Injury Lawyer If You Were Hurt Working Aboard a Cruise Ship
Crew members injured aboard cruise ships are entitled to special protections under U.S. maritime law, including the Jones Act, the unseaworthiness doctrine, and maintenance and cure obligations. These laws place significant responsibilities on shipowners to ensure safe working conditions, provide competent crew, and deliver timely and adequate medical care. If you have suffered a workplace injury aboard a vessel operated by MSC Cruises or any other cruise line, you may be entitled to compensation for your losses.
Contact us now to speak with a cruise ship crew injury lawyer.
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.
