Illinois Woman Sues Carnival After Wheelchair Fall on Elation Caused by Gap in Deck at Lido Exit
Dayshea Royster, a paraplegic passenger from Illinois, has filed a maritime negligence lawsuit against Carnival Corporation in the Southern District of Florida. The complaint, filed under Case No. 1:25-cv-25230-FAM, alleges Royster was seriously injured after her wheelchair tipped forward due to a hazardous gap in the flooring at a lido deck sliding door on the Carnival Elation.
Cruise Passenger in Wheelchair Suffers Head Injury and Chronic Symptoms After Falling Through Deck Gap on Carnival Elation
According to the lawsuit, the incident occurred on September 11, 2024, while Royster was attempting to exit onto the lido deck in her wheelchair. As she navigated an incline toward a sliding glass door, one of the front wheels of her chair allegedly became caught in a floorboard gap left by a missing panel just outside the door. The fall caused Royster to suffer a concussion, muscle strain in her back, and ongoing post-concussive symptoms. In addition to her physical injuries, her wheelchair was rendered unusable and had to be replaced.
The lawsuit claims Royster was maneuvering her wheelchair in a safe and responsible manner and had no reason to expect the area would be hazardous. The complaint emphasizes that Carnival knew, or should have known, about the missing floorboard and the risks it posed, especially to disabled passengers.
Lawsuit Claims Carnival Failed to Warn or Repair Dangerous Decking Near Sliding Door on Elation
Royster alleges that Carnival’s crew failed to warn her of the hazard, block off the area, or provide any kind of visual caution indicator such as cones or signage. The complaint states that several Carnival employees were within 10 to 15 feet of the dangerous condition and had a direct line of sight to the gap, yet failed to take action.
According to the filing, the hazard was not open or obvious and was positioned just beyond the sliding door and at the top of a slope—making it particularly difficult for passengers, especially those in wheelchairs, to detect the danger in time. Royster also cites industry safety standards and internal Carnival procedures that should have prevented this type of accident, including inspection protocols requiring staff to monitor walkways at regular intervals.
Complaint Alleges Carnival Knew of Accessibility Risks but Failed to Comply With Safety Protocols
Royster’s attorneys assert that Carnival was aware she used a wheelchair and had a duty to maintain safe and accessible conditions. The complaint details how Carnival either created or permitted the defect to remain, stating that Carnival removed the floorboard without adequately repairing the area or placing warnings. It also alleges that the design of the area lacked appropriate safety features to assist wheelchair users in avoiding such hazards.
The lawsuit further claims Carnival negligently approved or failed to correct the design and installation of the affected lido deck area during the ship’s construction or refurbishment. The missing floorboard, its location on an incline, and absence of visual warnings are characterized as unsafe design choices that Carnival had the authority to reject or revise.
Royster Seeks Damages for Pain, Medical Costs, Loss of Mobility, and Disruption of Cruise Experience
The complaint brings four counts of negligence against Carnival: failure to remedy a dangerous condition, failure to warn, negligent design and installation, and vicarious liability for the actions of its crewmembers. Royster claims she has suffered permanent injuries, including physical pain, disability, scarring, and mental distress. She also alleges loss of income, diminished earning capacity, and decreased independence due to the fall.
In addition to medical expenses, Royster is seeking damages for the loss of the value of her cruise, transportation costs, and the replacement of her wheelchair. She is requesting a jury trial and seeking damages in excess of $75,000.
Wheelchair Users Injured on Cruise Ships May Be Entitled to Compensation for Negligence and Accessibility Failures
Passengers with mobility disabilities are entitled to safe conditions and accessible design under maritime law and federal regulations. Cruise lines like Carnival have a duty to ensure that walkways, doorways, and deck transitions are designed and maintained to accommodate all passengers, including those using wheelchairs or mobility devices.
If you or someone you love has suffered an injury aboard a cruise ship due to missing floorboards, unsafe inclines, or a failure to accommodate mobility needs, legal remedies may be available. Contact a maritime injury attorney today to learn more about your rights.
Speak with a cruise ship injury lawyer now if you were hurt due to unsafe or inaccessible cruise ship conditions.
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.
