Florida Woman Sues MSC Cruises After Falling From Broken Bunk Bed Ladder Aboard MSC Divina
Maria Monsalve, a resident of Aventura, Florida, has filed a maritime personal injury lawsuit against MSC Cruises (U.S.A.) LLC and MSC Cruises SA in the Southern District of Florida. The legal action, filed under Case No. 1:26-cv-20064, alleges that Monsalve sustained serious and permanent injuries due to a defective and improperly secured bunk bed ladder while she was a passenger aboard the MSC Divina on February 9, 2025.
Cruise Passenger Injured in Cabin Fall on MSC Divina Due to Defective Bunk Bed Equipment and Lack of Warnings
According to the complaint, the incident occurred while the vessel was in operation and Monsalve was lawfully on board as a fare-paying invitee. At the time of the accident, Monsalve was attempting to descend from the top bunk of an interior cabin within her assigned stateroom. As she began her descent, the ladder suddenly and without warning shifted violently to one side. This unexpected movement caused her to fall from the ladder and land with great force on her left ankle. The plaintiff alleges that the ladder was broken and possessed a faulty J hook, which prevented the equipment from being properly secured or attached to the upper bunk. Despite the duty to maintain a safe environment for passengers, the lawsuit claims the cruise line failed to provide any verbal or written warnings regarding the instability of the ladder or the potential for equipment failure.
MSC Cruises Accused of Failing to Maintain Safe Cabin Conditions and Ignoring Prior Bunk Bed Incidents
The lawsuit asserts that MSC Cruises had both actual and constructive knowledge of the dangerous condition. The complaint highlights that the cruise line is responsible for training its crew members on the proper setup of cabins, which includes the correct placement and inspection of bunk bed ladders. The plaintiff alleges that the hazardous condition of the ladder had existed for a sufficient length of time that the defendants should have discovered and remedied the defect through the exercise of reasonable care. Furthermore, the legal team for Monsalve notes that the defendants were on notice of prior incidents involving passengers suffering falls from bunk beds within passenger cabins on their vessels. Despite this knowledge of recurring safety issues, the cruise line allegedly failed to implement necessary changes to their maintenance protocols or inspection routines to prevent similar injuries.
Complaint Alleges Vicarious Liability and Negligent Training of MSC Divina Crew Members Regarding Stateroom Safety
In addition to direct negligence claims, the lawsuit includes counts for vicarious liability, arguing that the cruise line is responsible for the active negligence of its employees. The complaint suggests that the crew members tasked with preparing the stateroom did not take sufficient precautions to protect passengers. Specifically, it is alleged that the cabin was set up with a ladder that was in a condition that prevented it from being safely attached, or that the crew simply failed to secure it properly. By failing to follow internal policies and procedures for the safe configuration of staterooms, the staff created an unreasonable risk of harm. The plaintiff contends that had she been adequately warned about the broken hook or the dangers of the improperly secured ladder, she would not have used the top bunk or the ladder in question.
Plaintiff Seeks Damages for Bimalleolar Fracture and Permanent Injuries Resulting from MSC Cruises Negligence
The legal action brings a total of eight counts against the two MSC entities, including negligent failure to warn, negligent failure to maintain, vicarious liability for active negligence, and general negligence. As a result of the fall, Monsalve suffered a left ankle bimalleolar fracture, a talus osteochondral defect, and significant ligament damage. These injuries required extensive medical intervention, including open reduction with internal fixation surgery, microfracture of the talus, and deltoid ligament repair. The lawsuit seeks compensation for physical pain and suffering, mental anguish, disability, loss of capacity for the enjoyment of life, and the significant expenses related to hospitalization and surgery. The plaintiff also claims loss of earnings and an impairment of her future ability to earn money, noting that her injuries are permanent and continuing in nature.
Contact a Cruise Ship Cabin Injury Lawyer Today if You Were Hurt Due to Defective Equipment or Unsafe Conditions
Cruise passengers who sustain injuries due to broken furniture, defective ladders, or improperly maintained stateroom equipment may be entitled to significant compensation under maritime law. International cruise lines have a non-delegable duty to ensure that all cabin amenities are safe for use and that any known hazards are promptly repaired or clearly communicated to guests. If you or a loved one suffered a fall or injury while aboard a vessel due to equipment failure or crew negligence, contact our team of experienced maritime injury lawyers today to discuss your rights.
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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.
