MSC Cruises Sued After Waiter Allegedly Hits Passenger in Face with Tray on MSC Magnifica
Miguel Luzardo, a Florida resident, has filed a maritime personal injury lawsuit against MSC Cruises S.A. in the Southern District of Florida. The lawsuit, filed under Case No. 1:25-cv-25287-JB, alleges that Luzardo sustained serious injuries when an MSC waiter struck him in the face with a tray of dishware while he was walking through the buffet dining area aboard the MSC Magnifica on August 16, 2024.
Buffet Guest Allegedly Struck by MSC Waiter Carrying Dishware in Crowded Dining Area on MSC Magnifica
According to the complaint, Luzardo was lawfully present in the self-service buffet area of the MSC Magnifica when an MSC waiter, who was transporting a tray of dishes, failed to keep a proper lookout and hit him directly in the face with the tray. The impact allegedly knocked Luzardo to the ground and caused serious physical injuries. The incident took place in a crowded part of the dining area, where guests and staff frequently move between food stations, seating, and exits.
The complaint asserts that the waiter acted negligently by carrying, lifting, and maneuvering the tray in an unsafe manner, and that MSC failed to maintain passenger safety in this high-traffic zone.
MSC Cruises Accused of Vicarious Liability for Waiter’s Alleged Negligence Under Maritime Law
Luzardo’s lawsuit seeks to hold MSC Cruises vicariously liable under the doctrine of respondeat superior, which applies when an employee’s negligence occurs within the scope of their employment. The complaint alleges that the waiter was performing routine job duties and acting on behalf of the cruise line at the time of the incident. As such, the cruise line may be directly responsible for the crew member’s conduct.
The lawsuit emphasizes that MSC’s responsibility extends beyond the individual waiter’s actions and includes ensuring that crew members are properly trained, supervised, and equipped to perform their duties safely—especially in areas where crew and passengers interact closely.
Plaintiff Also Alleges MSC Failed to Train Crew on Safe Tray Handling and Dining Room Safety Protocols
In addition to vicarious liability, Luzardo brings a separate count for negligent training. The lawsuit claims that MSC Cruises failed to adequately instruct its waitstaff on proper tray-handling procedures, maintaining awareness of passenger surroundings, and safely navigating crowded buffet areas. The plaintiff argues that this lack of training directly contributed to the incident and increased the likelihood of passenger injury.
According to the complaint, MSC had a duty to its fare-paying passengers to ensure that its employees were trained in basic safety practices and situational awareness when moving through shared spaces. The failure to implement or enforce these training protocols allegedly resulted in Luzardo’s injuries.
Florida Passenger Seeks Damages for Permanent Injury, Medical Costs, and Loss of Enjoyment from Cruise Accident
Luzardo asserts that he suffered multiple injuries as a direct result of the incident, including trauma to the face and head, permanent disability, disfigurement, physical pain and suffering, and emotional distress. The complaint also notes that he incurred medical expenses, experienced a reduction in quality of life, and was unable to fully enjoy the remainder of the cruise.
The lawsuit seeks compensatory damages in excess of $75,000, as well as costs and interest. Luzardo claims the injuries are permanent and will continue to affect his life physically, emotionally, and financially.
Injured in a Dining Room Accident Aboard an MSC Cruise? A Florida Maritime Lawyer Can Help
Cruise lines like MSC have a duty under maritime law to provide passengers with a safe and hazard-free environment, including in high-traffic areas such as buffet dining rooms. If you were injured by negligent crew behavior or poorly trained staff on a cruise ship, you may be entitled to compensation for your injuries and related losses. A maritime injury attorney can help you assess your case and protect your legal rights.
Contact us now to speak with a Florida 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.
