Georgia Minor Sues MSC Cruises After Suffering Severe Leg Fracture in Polar Aquapark Aboard MSC Meraviglia
Steve Soldavini, a resident of Georgia, has filed a maritime personal injury lawsuit on behalf of his minor child, B.S., against MSC Cruises S.A. in the United States District Court for the Southern District of Florida. The lawsuit, filed under Case No. 1:26-cv-22288-CMA, alleges that the minor passenger suffered an excruciatingly painful oblique tibia fracture while using the water park facilities aboard the MSC Meraviglia on or about April 3, 2023.
Cruise Passenger Injured in MSC Meraviglia Polar Aquapark Due to Lack of Depth Markings in Kids Pool
According to the complaint, the incident occurred while the minor plaintiff was a paying passenger on the vessel navigating in international waters. The child was enjoying the Polar Aquapark, a featured attraction on the ship, and decided to jump into the designated kids pool. The lawsuit alleges that unlike every other swimming pool located on the vessel, MSC failed to provide any depth markings or identification of the water depth around this specific pool. Because there were no visual cues to indicate how shallow the water was, the child jumped in and struck the bottom with extreme force, resulting in a broken leg. The plaintiff asserts that the failure to provide these markings constitutes a violation of the International Swimming Pool and Spa Code, creating an unreasonable risk for young passengers who cannot otherwise determine the safety of jumping into the water.
MSC Cruises Accused of Having Knowledge of Dangerous Pool Conditions and Prior Injuries at Polar Aquapark
The legal action alleges that MSC Cruises had both actual and constructive knowledge of the hazardous conditions within the Polar Aquapark. The complaint notes that the cruise line’s knowledge is evidenced by the fact that all other pools on the same ship were equipped with the required depth markings, showing the defendant was aware of the safety standards. Furthermore, the lawsuit claims that after the incident, a crew member advised the family that this was not the first time a passenger had been injured in a similar manner at this location. This admission suggests that MSC was aware of prior accidents involving the kids pool but failed to take corrective action, such as installing signs or floor markings, to prevent future injuries to children.
Complaint Alleges Negligent Design and Failure to Comply with International Safety Standards on MSC Meraviglia
In addition to the lack of warnings, the plaintiff alleges that the pool itself was improperly designed and installed. The complaint argues that MSC participated in the design process and provided specifications to the shipbuilder, yet allowed the pool to be placed into service with significant safety deficiencies. Specifically, the lawsuit points to the violation of the International Swimming Pool and Spa Code (ISPSC) regarding depth identification. The plaintiff contends that MSC had the contractual right to inspect, review, and reject design elements during the construction and refurbishment of the MSC Meraviglia but chose to provide a pool for public use that lacked adequate safety features to prevent foreseeable jumping injuries.
Plaintiff Seeks Damages for Permanent Physical Injuries and Loss of Vacation Value Following Water Park Accident
The lawsuit brings four counts of negligence against MSC Cruises: negligent failure to inspect, negligent failure to maintain, negligent failure to warn, and negligent design and installation. The minor’s father claims that the cruise line breached its duty to exercise reasonable care for the safety of its passengers. As a result of the tibia fracture, the minor has reportedly suffered severe bodily injury, physical pain, mental anguish, and a loss of capacity for the enjoyment of life. The complaint seeks compensation for past and future medical expenses, nursing care, and the lost value of the family’s cruise vacation and transportation costs. The plaintiff maintains that these injuries are permanent and continuing, requiring a jury trial to determine the full extent of the damages owed by the cruise line.
Contact a Cruise Ship Water Park Injury Lawyer Today if You Were Hurt in a Pool Accident Aboard a Vessel
Cruise passengers who suffer injuries due to poorly marked pools, slippery surfaces, or unsafe water park designs may be eligible for compensation under maritime law. Common carriers like MSC Cruises have a legal responsibility to maintain their recreational facilities in a reasonably safe condition and to warn guests of hidden dangers that are not open or obvious. If you or a loved one suffered a broken bone or other serious injury while using a cruise ship pool or slide, contact our team of experienced maritime injury attorneys today. We can help you navigate the complexities of filing a claim against a major cruise line and ensure your rights are protected.
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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.
