Florida Woman Sues NCL After Sustaining Permanent Injuries on Overbooked Pontoon Boat Excursion in St. Thomas

Holzberg Legal

Gracia Walker, a resident of Jacksonville, Florida, has filed a maritime personal injury lawsuit against NCL (Bahamas) Ltd., Cruise Ship Excursions, Inc., and Chukka Virgin Islands Operating Company, LLP. The complaint, filed in the United States District Court for the Southern District of Florida under Case No. 1:26-cv-20951, alleges that Walker suffered serious and permanent injuries while participating in a shore excursion during a cruise aboard the NCL Gem on February 25, 2025.

Cruise Passenger Injured During Castaway Shipwreck and Snorkel Excursion After NCL Unilaterally Booked Overflow Vessel

The legal action stems from a series of events that began when Walker’s original excursion, the Twice as Nice Catamaran Sail and Snorkel, was cancelled by the cruise line. According to the complaint, NCL scheduled and booked Walker on the Castaway Shipwreck and Snorkel excursion without her prior knowledge or consent. Upon arrival at the excursion site in St. Thomas, Walker was informed that the primary catamaran was at capacity. She and approximately 30 to 40 other passengers were directed to board a pontoon boat instead of the stable catamaran that had been advertised and marketed by the defendants. The lawsuit contends that this substitution was dangerous as the pontoon boat was not suitable for the high winds and rough water conditions present that day.

NCL and Excursion Operators Accused of Operating Pontoon Boat at Unsafe Speeds in Rough Sea Conditions

Shortly after the excursion departed the dock, the sea conditions became noticeably rough with waves breaking over the bow of the pontoon boat. The complaint alleges that despite these obvious hazards, the operator continued to navigate the vessel at a high and unsafe rate of speed. This caused the pontoon boat to lift out of the water and slam down violently. The force of the impact threw Walker from her bench and onto the floor of the boat, resulting in severe and permanent physical injuries. The plaintiff asserts that the excursion was not competently operated by properly trained or supervised personnel and lacked necessary safety devices for the conditions encountered.

Lawsuit Cites Prior Passenger Injuries as Evidence of Knowledge Regarding Dangerous Excursion Operations

A significant portion of the lawsuit focuses on the claim that NCL and the excursion companies had actual or constructive knowledge of the risks. Walker’s legal team points to three specific prior cases filed in 2025 involving similar injuries to passengers during the same shore excursion. These references are used to argue that the defendants were aware of dangerous vessel operations and the risks of using inadequate equipment. The complaint further alleges that NCL failed in its duty to inspect the excursion operations and verify that the providers were adhering to industry safety standards. Walker claims that had NCL properly conducted its required safety meetings and inspections, it would have recognized that the pontoon boat was vulnerable in rough seas and cancelled the excursion for overflow passengers.

Multiple Counts of Negligence Filed Against Norwegian Cruise Line and Virgin Islands Tour Providers

The complaint brings eleven counts against the defendants, including negligent selection and retention, failure to warn, general negligence, apparent agency, and joint venture liability. Walker alleges that NCL and the tour operators breached their duty to provide reasonable care by failing to warn her about the unsuitability of the pontoon boat and the dangers of the weather conditions. The lawsuit seeks damages for bodily injury, physical and mental pain and anguish, disability, loss of enjoyment of life, and significant medical expenses. The plaintiff maintains that the cruise line is also liable under theories of agency and joint venture because NCL marketed the tour, collected all fees, and shared in the profits of the excursion while maintaining control over safety requirements.

Contact a Cruise Ship Shore Excursion Injury Lawyer Today if You Were Injured on a Tour or Secondary Vessel

Passengers who suffer injuries during shore excursions or while being transported on secondary vessels may have grounds for a legal claim under general maritime law. When cruise lines and their chosen tour operators fail to monitor weather conditions or utilize improper equipment, the results can be life-altering for passengers. If you or a loved one experienced a similar incident involving an overbooked excursion or unsafe boat operation, it is important to understand your rights regarding compensation for medical bills and suffering. Contact our team of experienced maritime attorneys to discuss your case and explore your options for holding the responsible parties accountable.

Contact us now to speak with a cruise ship shore excursion 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.

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