Florida Woman Sues Royal Caribbean After Being Thrown from Chair During Rough Seas on Explorer of the Seas
Kathleen Kapusta, a resident of Florida, has filed a maritime personal injury lawsuit against Royal Caribbean Cruises Ltd. in the Southern District of Florida. The lawsuit, filed under Case No. 1:25-cv-24846-JAL, alleges that Kapusta was violently thrown from her seat in the Star Lounge aboard the Explorer of the Seas during sudden and extreme ship movement caused by rough weather on November 7, 2024.
Cruise Passenger Injured Inside Lounge on Explorer of the Seas During Sudden Vessel Lurch in Rough Weather
According to the complaint, the incident occurred while Kapusta was seated in the Star Lounge with her husband as the ship was returning to port in Miami. Without warning, the Explorer of the Seas allegedly rocked, listed, and lurched abruptly, causing Kapusta to be forcefully ejected from her lounge chair and thrown to the floor. She claims to have sustained serious and lasting injuries from the fall.
The complaint emphasizes that the interior location where Kapusta was seated gave no indication of the rough conditions outside. She states that no warnings were issued to passengers before the incident, and the first announcement advising guests to remain in their cabins was made only hours after her fall. The ship later rerouted to Gran Canaria due to another passenger injury related to the same unexpected ship movement.
Lawsuit Claims Royal Caribbean Failed to Warn Passengers and Navigate Safely Through Known Rough Seas
Kapusta alleges that Royal Caribbean knew or should have known that the vessel would be traveling through rough weather and failed to take adequate precautions. The complaint states that ship personnel had access to live weather data, stabilizing systems, and operational procedures that could have helped mitigate the effects of the rough seas. Despite this, the vessel allegedly continued on its path without adjusting course, reducing speed, or issuing any timely warnings to passengers.
Kapusta also points to previous weather-related incidents aboard Royal Caribbean ships, including on the Independence of the Seas, Wonder of the Seas, Anthem of the Seas, and even a past incident involving the Explorer of the Seas in 2010. These incidents are cited as evidence that Royal Caribbean was aware of the risks associated with sudden ship movement during inclement weather but failed to act appropriately to protect passengers.
Complaint Alleges Negligent Navigation, Failure to Warn, and Unsafe Lounge Conditions
The lawsuit includes five causes of action: vicarious liability for the captain’s negligent navigation, vicarious liability for failure to warn, general negligence, negligent failure to warn, and negligent failure to maintain.
Kapusta claims that the captain failed to properly monitor sea conditions, navigate the vessel safely, or use ship stabilizers effectively. She also alleges that Royal Caribbean failed to issue adequate warnings about the hazardous sea state and did not instruct passengers on how to stay safe during the voyage.
Additionally, the complaint alleges that the lounge area where Kapusta was injured was not properly maintained for passenger safety. Specifically, the cruise line is accused of failing to secure lounge furniture, failing to inspect seating areas for hazards during rough seas, and failing to restrict passenger access to areas at higher risk during turbulent conditions.
Passenger Seeks Damages for Permanent Injuries, Emotional Distress, and Lost Vacation Value
Kapusta alleges that as a direct result of the incident, she sustained physical injuries, pain and suffering, emotional distress, and permanent impairments. She is seeking damages for her medical expenses, physical limitations, and loss of enjoyment of life. The lawsuit also seeks compensation for the diminished value of her cruise and related travel expenses.
Contact a Cruise Ship Rough Seas Injury Lawyer If You Were Hurt Due to Sudden Vessel Movements or Poor Warnings
Passengers injured aboard cruise ships during rough weather may be entitled to compensation if cruise lines fail to issue proper warnings, navigate safely, or secure interior spaces. Cruise companies have a legal obligation under maritime law to maintain reasonably safe conditions and inform passengers of foreseeable risks. If you or a loved one was hurt due to a ship’s sudden movement in rough seas, our team of experienced maritime injury attorneys can help.
Contact us today to speak with a cruise ship rough seas accident lawyer in Florida.
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.
