Florida Woman Sues MSC Cruises After Slip and Fall Following Sexual Misconduct Incident Aboard MSC Divina
Susana Arce, a resident of Florida, has filed a federal maritime personal injury lawsuit against MSC Cruises S.A. in the Southern District of Florida. The lawsuit, filed under Case No. 1:26-cv-20584, alleges that Arce suffered permanent physical injuries and emotional distress after slipping on a wet ladder while attempting to protect her minor daughter from a predatory passenger on February 11, 2025.
MSC Cruises Accused of Failing to Intervene After Reports of Sexual Misconduct Toward Minor Passenger
According to the complaint, the incident began while Susana Arce and her minor daughter were utilizing a passenger jacuzzi area aboard the MSC Divina. A fellow passenger allegedly engaged in unwanted and overtly sexual conduct directed at the minor child. The lawsuit states that MSC crewmembers were promptly alerted to this sexual misconduct, giving the cruise line actual notice of a dangerous situation. However, the plaintiff alleges that MSC Cruises failed to intervene in any meaningful manner. Specifically, the cruise line is accused of failing to remove or restrain the offending passenger, failing to summon security personnel, and failing to take any steps to protect the family from further harm. Instead, the crew allegedly allowed the individual to remain in the same jacuzzi area, which the plaintiff asserts created a foreseeable and continuing danger to her daughter.
Passenger Suffers Fractured Spine After Slipping on Wet Jacuzzi Ladder While Fleeing Threatening Situation
The legal filing describes a harrowing sequence of events where the same offending passenger returned shortly after the initial report and attempted further unwanted sexual contact with the minor girl. Fearing for her child’s safety and receiving no assistance from the cruise line’s staff, Arce attempted to abruptly exit the jacuzzi area to escape the situation. While exiting, she slipped and fell on a wet and slippery ladder surface. The impact was severe, causing Arce to strike her lower spine against the equipment. The complaint notes that she was immediately unable to walk and required emergency transport to the ship’s medical facility for treatment.
Medical Diagnosis Reveals Permanent Coccyx Fracture and Chronic Pain Following MSC Divina Incident
As a direct result of the fall, Susana Arce was diagnosed with a fracture of her coccyx characterized by displacement and malalignment, along with significant associated soft tissue injury. The lawsuit alleges that she continues to suffer from chronic pain, functional limitations, and permanent physical impairment. The plaintiff brings counts of general negligence and negligent security against MSC Cruises. The complaint argues that the cruise line breached its duty of care by failing to maintain the jacuzzi area in a reasonably safe condition and failing to warn passengers of the slippery, hazardous nature of the ladder. Furthermore, the plaintiff alleges that the crew’s failure to properly respond to a reported crime directly led to the frantic conditions that caused her fall.
Negligent Security and Violation of the Cruise Vessel Security and Safety Act Alleged Against MSC Cruises
The lawsuit further alleges that MSC Cruises violated the Cruise Vessel Security and Safety Act (CVSSA). This federal statute mandates specific protocols for the prevention, detection, and reporting of criminal activity aboard vessels. Arce claims that the cruise line failed to implement or follow reasonable security procedures by neglecting to separate the alleged offender from the victims. The complaint asserts that MSC failed to properly train its crewmembers to handle sexual misconduct emergencies, which proximately caused the injuries sustained by the plaintiff. Arce is seeking damages for bodily injury, mental anguish, loss of enjoyment of life, and ongoing medical expenses, maintaining that her injuries are permanent and will require future care.
Contact a Cruise Ship Negligent Security Lawyer Today if You Were Injured Due to Crew Inaction or Unsafe Conditions
Cruise passengers who suffer injuries due to a lack of security or a failure by crewmembers to respond to criminal threats may be entitled to significant compensation under maritime law. Cruise lines have a non-delegable duty to provide a reasonably safe environment and to protect passengers from foreseeable harm, including the criminal acts of others. If you or a loved one were injured while aboard a vessel due to negligent security or hazardous deck conditions, it is vital to speak with an experienced maritime attorney. Our legal team is dedicated to helping victims of cruise ship negligence navigate the complexities of federal court and hold cruise lines accountable for their failures.
Contact us now to speak with a cruise ship slip and fall 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.
