Florida Resident Sues MSC Cruises Following Trampling Injury During Fire Aboard MSC Seashore

Holzberg Legal

Apryl Culver, a resident of Parrish, Florida, has filed a personal injury lawsuit against MSC Cruises, S.A., in the United States District Court for the Southern District of Florida, Miami Division. The lawsuit, filed in Admiralty under Case No. 1:25-cv-25716-PCH, seeks damages in excess of $75,000.00, exclusive of interest and court costs. The complaint alleges that Culver suffered severe physical and psychological injuries after being trampled by panicked passengers fleeing a fire that broke out on the vessel MSC Seashore.

MSC Seashore Passenger Trampled in Stairwell Due to Cruise Line’s Failure to Control Panic During Onboard Fire

The incident occurred on December 8, 2024, which was the first night of the cruise, while the vessel was at sea. According to the complaint, Ms. Culver was on Deck 18 of the MSC Seashore when she witnessed smoke, and ultimately fire. News sources confirmed the incident was an electrical fire in the generator room. Ms. Culver and her travel companion reported searching for staff to direct them to an exit from the deck, but they found no one. The only staff they encountered were two bartenders who were described as being just as shocked as the passengers and provided no direction or assistance.

Attempting to exit the deck, the plaintiff and her companion found that a nearby elevator was inoperable, as were other elevators in the area. They then located a stairwell and began to descend. The complaint notes that as Ms. Culver went down the stairs, she paused at each landing looking for staff for direction, but she could not find any crew members to offer guidance. Furthermore, she recalled that no announcements or instructions were issued over the ship’s public address system by the captain or officers regarding the fire.

As Ms. Culver descended, numerous other passengers began rushing down the stairs, panicking due to the lack of announcement by MSC or any staff guidance, and those passengers were attempting to flee from the fire source and smoke. While attempting to navigate the stairwell, Ms. Culver was repeatedly trampled by fellow passengers who were stampeding away from the fire without any direction or supervision from MSC.

MSC Cruises Accused of Negligence and Breach of SOLAS Safety Obligations During Shipboard Emergency

The lawsuit brings three counts of negligence against MSC Cruises: Negligent Failure to Maintain/Monitor, Failure to Warn, and Failure to Maintain Security for its Passengers.

The complaint details that MSC Cruises, as a cruise ship carrying passengers for hire, is a signatory to the International Maritime Organization and The International Convention for the Safety of Life at Sea (SOLAS). The SOLAS convention carries certain requirements for maintaining equipment, containing and suppressing onboard fires, and informing passengers for their safety in the event of a fire. SOLAS requirements focus on early detection, containment, extinguishment, and safe evacuation, mandating automatic alarms, fire-resistant divisions, crew response plans, passenger mustering, and regular drills. Immediate actions include investigating alarms, notifying the bridge, activating the general alarm, dispatching fire teams, isolating the area, and initiating passenger notification.

Failure to Maintain/Monitor

The complaint alleges that MSC breached its duty to passengers by failing to have in place, or use, rapid fire detection systems, including automatic fire detection and operational smoke, heat, and flame detectors, even in service and machinery areas of the ship. It also alleges a failure to have and use centralized monitoring panels for fire detection on the bridge, functional automatic fire suppression systems, and readily accessible communications throughout the ship to effectively communicate with officers, crew, and passengers regarding the fire’s existence, severity, location, containment efforts, and safety instructions. The plaintiff further alleges that MSC failed to maintain and keep its equipment in such a manner as to prevent the outbreak of fires onboard.

Failure to Warn

The plaintiff asserts that despite MSC’s employees being near her and the vessel being required to have automatic fire detection equipment onboard, the defendant issued no communication, or warning, as to the location, severity, or safe passage away from the fire before she was trampled. The complaint argues that an announcement by the captain or bridge officers about the severity, location, and containment status of the fire could have calmed the passengers and prevented them from running over the plaintiff. The lawsuit further asserts that even if the captain or officers did not know the full status of the fire, they are still required under SOLAS to provide information to the passengers as to evacuation routes and passenger safety. MSC also had a duty not to unreasonably create conditions for, nor allow crowds to form to the extent that panicked crowding causes injuries, and reasonable procedures would include announcing information about the fire to calm passengers.

Failure to Maintain Security for its Passengers

Ms. Culver alleges that MSC breached its duty to provide reasonable care for passenger security by failing to use its announcement systems to communicate with, advise, and manage passengers during the fire. This failure extended to inadequate crowd-management procedures or protocols by MSC’s employees after the fire became known, such as failing to deploy security personnel, and failing to implement adequate emergency procedures and protocols, such as placing an “all hands on deck” alert to its crew to assist with crowd control and to calm the passengers. Additionally, MSC is accused of failing to announce, implement, or conduct controlled evacuation procedures and protocols from the affected area(s), and failing to employ emergency crowd-management and fire-fighting personnel to calm passengers.

Plaintiff Seeks Damages for Permanent Injuries and Psychological Trauma from Stampede on MSC Seashore

Ms. Culver alleges that the trampling incident caused physical injuries to her neck, back, and shoulder, as well as significant psychological trauma. As a direct and proximate cause of MSC’s negligence, she suffered injuries in and about her body and extremities, the aggravation of pre-existing conditions, pain and suffering, and mental pain and suffering. She also claims incurred and continuing medical expenses, permanent physical handicap, lost wages and benefits, impaired working and earning capacities, and a diminished capacity to enjoy life. Ms. Culver is seeking a judgment for compensatory damages, costs of the action, and any such other relief the Court deems just and proper.

If you or a loved one suffered injuries due to a cruise line’s negligent crowd management or failure to follow emergency protocols during an on-board fire, you may have a claim under maritime law. Cruise lines have a non-delegable duty to exercise reasonable care for passenger safety, which includes maintaining functional emergency equipment and effectively warning and managing passengers during critical incidents. Contact our team of maritime injury lawyers today to discuss your rights and legal options regarding an incident on the MSC Seashore or other vessel.

Contact us now to speak with a cruise ship 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.


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