Florida Woman Sues Royal Caribbean After Ship Lurches in Rough Seas, Causing Head Injury on Explorer of the Seas

Holzberg Legal

Dilia Ojeda, a Florida resident, 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-24865-RAR, alleges Ojeda was violently thrown against a glass door aboard the Explorer of the Seas during sudden ship movement caused by rough weather on November 7, 2024.

Cruise Passenger Injured When Explorer of the Seas Lurched Without Warning During Rough Weather

According to the complaint, the incident occurred in the early evening as Ojeda was walking toward a dining area aboard the Explorer of the Seas. Without any warning from crew or ship officers, the vessel suddenly rocked, lurched, or listed due to rough seas and weather conditions. The unexpected movement caused Ojeda to lose her balance and slam into a glass door, striking her head and face before falling to the ground.

The lawsuit claims the incident resulted in serious and permanent injuries, including physical pain, disfigurement, mental anguish, and loss of enjoyment of life. Ojeda also alleges she incurred medical expenses and lost the value of her cruise and related travel.

Royal Caribbean Accused of Failing to Warn Passengers About Rough Seas and Dangerous Movement

Ojeda asserts that the dangerous movement was not open and obvious, particularly because she was inside the ship, with no visibility of the weather conditions outside. The complaint alleges that Royal Caribbean’s crew failed to issue any prior warnings to passengers about rough seas or advise them to remain in their cabins. It wasn’t until hours after the incident that an announcement was made, directing passengers to shelter in their cabins due to the sea conditions.

The lawsuit brings claims of negligent failure to warn, negligent navigation, and failure to implement proper safety measures, arguing that passengers were left exposed to foreseeable risks that the cruise line had ample opportunity to avoid or mitigate.

Prior Incidents Cited to Show Royal Caribbean Had Notice of Similar Injuries from Rough Weather

Ojeda’s legal team points to multiple prior incidents involving sudden vessel movement and passenger injury aboard Royal Caribbean ships:

  • Independence of the Seas (April 2024): A passenger was injured after the ship tilted unexpectedly, throwing him into a wall.
  • Wonder of the Seas (November 2023): A passenger fell into a pool due to sudden lurching on the open deck.
  • Anthem of the Seas (2016) and Explorer of the Seas (2010): Both ships encountered severe weather, with ship movement causing debris to scatter and reports of passenger injuries.

These examples, the complaint argues, show Royal Caribbean had prior knowledge that sailing through rough seas can lead to sudden vessel movement and injuries, especially when passengers are not warned or secured.

Lawsuit Alleges Ship Could Have Altered Course or Stabilized to Avoid Dangerous Conditions

The Explorer of the Seas was equipped with advanced weather forecasting tools and stabilization systems that could have been used to avoid or reduce the impact of the rough seas, according to the complaint. It further asserts that Royal Caribbean’s operations team failed to adjust course, reduce speed, or alert passengers in a timely manner despite knowing the ship was headed into inclement weather on its return to Miami.

The complaint contends that company policies require planning meetings to discuss weather risks prior to each port of call, yet no preventive measures were taken. Ojeda alleges the cruise line was negligent in how it navigated the ship and failed to ensure her safety during foreseeable adverse conditions.

Passenger Seeks Compensation for Permanent Injuries, Medical Costs, and Loss of Cruise Enjoyment

Ojeda’s lawsuit brings five counts of negligence against Royal Caribbean, including vicarious liability for the captain’s navigation and failure to warn, general negligence, negligent maintenance, and negligent failure to warn. The complaint seeks damages for:

  • Permanent and ongoing physical injuries
  • Pain and suffering
  • Disfigurement and disability
  • Mental anguish
  • Medical expenses
  • Lost vacation and transportation costs

Injured Due to Rough Seas or Sudden Ship Movement? A Maritime Injury Lawyer Can Help

Cruise passengers injured due to sudden ship movements during rough seas may be entitled to compensation if the cruise line failed to warn, prepare, or take reasonable precautions. Maritime law imposes a duty on cruise lines to protect passengers from known hazards, including weather conditions that can cause dangerous lurching or listing.

If you or a loved one was injured aboard a cruise ship due to ship movement in rough weather, our experienced team of maritime attorneys can help you understand your rights and legal options.

Contact us today for a free consultation 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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