New York Passenger Sues MSC Cruises Over Fall Near Pool on MSC Meraviglia Due to Unmarked Step
A New York woman has filed a maritime personal injury lawsuit in the Southern District of Florida against MSC Cruises S.A. after allegedly falling near the Atmosphere Pool on the MSC Meraviglia due to an unmarked change in elevation. The complaint, filed May 2, 2025, claims MSC negligently failed to maintain safe pool deck conditions, warn passengers of known hazards, and address longstanding design flaws. The case is styled Kathleen Bilicki v. MSC Cruises S.A., Case No. 0:25-cv-60877-WPD.
Passenger Fell on Pool Deck After Missing Optical Illusion Step Near Atmosphere Pool
The incident occurred on May 29, 2025, while Kathleen Bilicki was aboard the MSC Meraviglia near the Bahamas. Bilicki was using a lounge chair on the wooden section of Deck 15 before deciding to enter the pool. As she moved from the lounge area toward the water, she navigated several flooring transitions, including two steps up and one down, ultimately reaching a zone where a subtle change in tile size created a visual illusion.
According to the complaint, the 12-inch by 12-inch tiles transitioned abruptly to 1-inch by 1-inch tiles near the pool edge without proper markings, signage, or railings. Bilicki, unaware of the step-down due to the optical effect, missed the elevation change, fell, and suffered a proximal humerus fracture with anterior shoulder dislocation and nerve damage in her arm and hand.
MSC Allegedly Knew of Prior Incidents and Industry Safety Obligations
The complaint asserts that MSC had actual and constructive notice of the dangerous condition through previous similar incidents across its fleet, including documented falls on the MSC Divina, as well as safety meetings, prior repairs, and guest complaints. The hazard, according to the lawsuit, had existed since the MSC Meraviglia’s launch in 2016 and was well known to the company.
Bilicki further claims MSC failed to meet international safety standards under the Safety of Life at Sea (SOLAS) treaty, as well as ASTM and ADA guidelines, which require cruise lines to maintain safe, clearly marked escape routes and walking surfaces. The company allegedly failed to install railings, post warning signs, or provide verbal cautions to alert passengers to the hidden elevation change.
Legal Claims Include Failure to Warn, Negligent Maintenance, Crew Training, and Design Flaws
The lawsuit brings four primary negligence claims against MSC Cruises:
- Negligent failure to maintain the pool deck and elevation transitions in a safe condition
- Negligent failure to warn passengers about hidden or non-obvious hazards near the pool
- Negligent training of crew members in inspecting, maintaining, and warning about dangerous conditions
- Negligent design, construction, and material selection creating an optical illusion that obscured the change in elevation
Bilicki seeks damages for medical expenses, lost income, permanent disability, pain and suffering, mental anguish, and loss of enjoyment of life.
Cruise Ship Fall Lawsuit Highlights Growing Focus on Pool Deck Safety and Maritime Liability
This lawsuit contributes to a rising number of claims targeting cruise line liability for injuries occurring on wet decks, pool areas, and outdoor common spaces. Courts increasingly emphasize cruise operators’ non-delegable duty under general maritime law to provide safe walking conditions and to correct or warn about known hazards, even where design choices or construction defects are involved.
The outcome of the Bilicki case may influence how cruise lines approach deck design, flooring transitions, and passenger safety measures, particularly regarding visual hazards and longstanding design flaws. It also underscores the legal importance of addressing prior incident data and implementing corrective action to prevent recurring injuries.
Injured on a Cruise Ship? Contact a Maritime Injury Lawyer
If you or a loved one has been injured aboard a cruise ship, you may be entitled to compensation under maritime law. Speak with an experienced cruise ship injury attorney to learn your legal options. Contact us today for a free consultation.
