Colorado Parent Sues Royal Caribbean After Child Suffers Severe Allergic Reaction to Cashews on Harmony of the Seas
Karen Denise Everstine, a resident of Colorado, has filed a maritime personal injury lawsuit against Royal Caribbean Cruises Ltd. on behalf of her minor child, identified as R.J.B. The lawsuit was filed in the United States District Court for the Southern District of Florida under Case No. 1:26-cv-20266-JAL. The complaint alleges that the minor passenger suffered a severe allergic reaction after being served a dessert containing cashews while aboard the Harmony of the Seas on November 28, 2024.
Passenger Alleges Dining Staff Served Dessert Containing Nuts Despite Prior Notice of Severe Allergies
According to the factual allegations in the complaint, the incident took place while the plaintiffs were paying passengers on a voyage aboard the Harmony of the Seas. Everstine states that she explicitly notified the cruise line and its dining staff that her child suffered from several food allergies, specifically including an allergy to nuts. Despite this notification, the complaint asserts that on November 28, 2024, the dining staff prepared and served the minor plaintiff a dessert that contained cashews. Unaware of the presence of the allergen, the child ingested the dessert and subsequently suffered a severe allergic reaction. The plaintiff claims that the presence of the nuts was not disclosed to them and that the staff failed to heed the prior warnings regarding the child’s medical condition.
Royal Caribbean Accused of Vicarious Liability and Negligence for Failing to Inspect Food and Train Dining Staff
The lawsuit asserts multiple counts of negligence against Royal Caribbean, including vicarious liability for the actions of its crew. The plaintiff argues that the dining staff members were acting within the scope of their employment when they negligently prepared and served the allergen-containing food. The complaint alleges that the cruise line breached its duty of reasonable care by failing to properly maintain, prepare, or inspect the food served to passengers. Specifically, the lawsuit claims that Royal Caribbean served a dangerous substance after being placed on actual notice that the substance posed a threat to the minor passenger. The plaintiff contends that the cruise line failed to ensure the food was free of allergens and did not correct the hazardous condition despite having the opportunity to do so.
Lawsuit Claims Cruise Line Failed to Warn Passengers of Allergens or Implement Adequate Food Safety Policies
In addition to general negligence, the complaint includes a specific count for negligent failure to warn. The plaintiff argues that Royal Caribbean had a duty to warn passengers of known dangers in areas where they are invited, such as the vessel’s dining rooms. The lawsuit alleges that the cruise line failed to provide adequate warnings that the specific dessert contained a known allergen and failed to communicate the risks associated with ingesting it. Furthermore, the complaint asserts that Royal Caribbean failed to promulgate or enforce adequate policies and procedures to ensure that passengers with known allergies are protected. The plaintiff argues that these omissions directly caused the child’s injuries, as the incident would have been avoided had proper warnings been issued.
Minor Plaintiff Seeks Compensation for Physical Pain, Mental Anguish, and Medical Expenses Following Allergic Reaction
As a result of the alleged negligence, the lawsuit states that the minor plaintiff sustained injuries to the body and extremities, along with physical pain, mental anguish, disability, and disfigurement. The complaint characterizes the injuries as permanent or continuing in nature and notes that the plaintiff will suffer losses and impairments in the future. Everstine is seeking damages for the medical expenses incurred for the care and treatment of the injuries, as well as for the loss of enjoyment of life. Additionally, the plaintiff seeks reimbursement for the lost benefit of the vacation, cruise fare, and transportation costs, arguing that the family’s trip was ruined by the medical emergency caused by the cruise line’s negligence.
Contact a Cruise Ship Food Allergy Lawyer Today if You Suffered a Reaction Due to Negligence
Cruise lines have a responsibility to provide safe food service and to heed medical warnings provided by passengers regarding severe allergies. When dining staff fail to adhere to safety protocols or ignore explicit notices about food restrictions, the consequences can be life-threatening. If you or a loved one suffered a severe allergic reaction or foodborne illness aboard a cruise ship due to the negligence of the crew, you may be entitled to compensation under maritime law. Our experienced team of maritime injury attorneys is ready to evaluate your case and help you pursue the justice you deserve.
Contact us now to speak with a cruise ship 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.
