New Hampshire Woman Sues Margaritaville at Sea After Alleged Sexual Assault by Crew Member Aboard the Islander
A New Hampshire resident, identified as K.M., has filed a maritime personal injury lawsuit against Classica Cruise Operator, Ltd., Inc., which does business as Margaritaville at Sea. The complaint, filed in the United States District Court for the Southern District of Florida under Case No. 1:26-cv-20030-KMM, alleges that the plaintiff was forcibly sexually assaulted and raped by an onboard bartender during a voyage in August 2025. The lawsuit seeks compensatory damages in excess of $75,000 for permanent physical and emotional injuries resulting from the incident.
Cruise Passenger Allegedly Raped by Onboard Bartender After Returning to Stateroom from Ship Nightclub
The complaint states that during the early morning hours of August 3, 2025, the plaintiff was returning to her stateroom from an onboard nightclub on the vessel Islander. According to the allegations, a male crew member employed as a bartender followed or accompanied the plaintiff to her room. The lawsuit claims the crew member then entered the stateroom without authorization or consent and proceeded to forcibly sexually assault and rape her. The plaintiff asserts that she never consented to any sexual activity with the bartender or any other crew member and reported the assault to the cruise line’s representatives shortly after it occurred.
Margaritaville at Sea Accused of Vicarious Strict Liability for Intentional Tortious Acts of Crew Members
In the legal filing, the plaintiff asserts that under applicable federal maritime law, the cruise line is vicariously and strictly liable for the intentionally tortious acts of its crew members committed against passengers during a voyage. The lawsuit argues that because the assailant was an employee of the defendant, the cruise line must be held responsible for the proximate effects of the sexual assault and rape. The plaintiff’s legal team argues that this strict liability standard applies regardless of whether the cruise line was personally negligent in its hiring or supervision, as the crew member acted with the intent to engage in nonconsensual sexual activity.
Complaint Alleges Negligent Security and Failure to Prevent Sexual Violence in High Risk Shipboard Areas
The lawsuit further alleges that the cruise line was negligent in providing adequate security to protect passengers from foreseeable criminal acts. The plaintiff claims that Margaritaville at Sea had actual or constructive knowledge of the risk of sexual violence aboard its ships. To support this, the complaint points to legislative findings in the Cruise Vessel Safety and Security Act of 2010, which identified sexual assault as a leading crime investigated by the FBI on cruise vessels. Additionally, the lawsuit cites a specific prior incident from May 2023 involving another passenger, H.B., who was allegedly assaulted by a bartender aboard the Margaritaville at Sea Paradise after the employee entered her stateroom without consent. The plaintiff argues that the cruise line failed to staff enough security personnel during high risk early morning hours and failed to implement policies that would prevent crew members from accessing passenger corridors and staterooms unmonitored.
Lawsuit Claims Negligent Failure to Warn Passengers of Increased Risk of Sexual Assault Near Onboard Bars
The plaintiff also brings a count of negligent failure to warn, alleging that the cruise line did not adequately inform passengers of the specific risks associated with patronizing onboard bars and lounges. The complaint suggests that the defendant knew or should have known that passengers consuming alcohol in these areas might have their alertness impaired, making them more vulnerable to improper advances by staff. The lawsuit argues that the cruise line had a duty of reasonable care to provide oral or written warnings about the risks of sexual misconduct by crew members in high risk areas like passenger corridors and staterooms during late night hours. As a result of these failures, the plaintiff claims she has suffered psychological trauma, mental anguish, lost earnings, and a permanent inability to lead a normal life.
Contact a Cruise Ship Sexual Assault Lawyer Today if You Were a Victim of Crew Member Misconduct
Victims of sexual assault or physical violence aboard a cruise ship have specific rights under maritime law to hold cruise lines accountable for the actions of their employees. Companies like Margaritaville at Sea are required to maintain a safe environment and can be held strictly liable for intentional harms committed by their crew against passengers. If you or a loved one has experienced a similar tragedy while on a cruise, it is essential to understand the legal protections available to you. Contact our team of experienced maritime injury lawyers today to discuss your case and explore your options for seeking justice and compensation.
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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.
