New York Passenger Sues Norwegian Cruise Line After Flying Jersey Barrier Causes Injuries Boarding Norwegian Escape

Holzberg Legal

Anthony John, a resident of New York, has filed a maritime personal injury lawsuit against NCL (Bahamas) Ltd. in the United States District Court for the Southern District of Florida. The civil action, filed under Case No. 26-20398-CV, alleges that John sustained severe and permanent injuries after being struck by an airborne jersey barrier while attempting to board the Norwegian Escape in Costa Maya, Mexico. The complaint asserts that the cruise line failed to account for deteriorating weather conditions and rough seas which ultimately caused heavy equipment on the pier to become a dangerous projectile.

Norwegian Escape Passenger Injured by Unsecured Barrier at Costa Maya Pier During Rough Sea Conditions

According to the factual allegations outlined in the complaint, the incident took place on January 27, 2025, while the Norwegian Escape was docked at the port of Costa Maya. The lawsuit states that NCL disembarked passengers earlier in the morning with full knowledge that the sea state and weather conditions were forecast to deteriorate significantly as the day progressed. When the plaintiff returned to the pier to reboard the vessel, the conditions had allegedly become treacherous, with rough seas causing waves to crash forcefully underneath the structure where passengers were required to walk.

The complaint details a specific hazard regarding the pier infrastructure, noting that there were open ports in the walking surface that created potential fall hazards for guests. To mitigate this risk, the defendant or its agents allegedly covered these openings with jersey barriers. However, as the plaintiff attempted to board, the force of the crashing seas underneath the pier reportedly launched one of these jersey barriers into the air. The heavy barrier crashed onto the plaintiff, causing significant physical harm. The filing emphasizes that this occurred in an area where the cruise line exercised exclusive custody and control over the ingress and egress of passengers.

Lawsuit Alleges NCL Failed to Secure Pier Hazards or Warn Passengers of Airborne Debris Risks

The legal team for the plaintiff argues that Norwegian Cruise Line had a duty to exercise reasonable care under the circumstances, which includes warning passengers of known or foreseeable dangers. The lawsuit accuses NCL of negligence for failing to adequately secure the jersey barriers to the ground, particularly given the known propensity for rough seas at that specific location. The complaint suggests that the cruise line breached its duty by failing to post warning signs regarding the potential for flying objects on the pier or stationing crew members in the hazardous area to assist passengers or halt boarding until conditions improved.

Furthermore, the plaintiff alleges that NCL failed to design, implement, and maintain a pier environment that was free from such extraordinary hazards. The filing claims that the defendant knew of the dangerous conditions not only because they created the hazard by placing the barriers there but also due to substantially similar incidents that have supposedly occurred during prior visits to the same port. Despite this alleged prior knowledge and the visible deterioration of weather conditions throughout the day, the cruise line reportedly failed to enforce policies that would have decreased the risks to passengers boarding the ship.

Complaint Claims Negligence in Crew Training and Failure to Implement Safety Standards for Boarding

Beyond the physical condition of the pier, the lawsuit targets the operational decisions made by the cruise line. It alleges that NCL failed to adequately train its crew members in safe practices necessary to avoid foreseeable risks such as the one described in the complaint. The plaintiff contends that the cruise line has internal standards for safety and warnings regarding the disembarkation and re-embarkation of passengers, specifically including acclimations for weather. The suit argues these internal standards were ignored or insufficiently applied when the decision was made to allow passengers to traverse a pier where waves were crashing with enough force to displace heavy barriers.

The complaint asserts that because the defendant directly participated in and approved the manner of access to the ship, they bear responsibility for the safety of the dock environment. The plaintiff argues that stringent standards are necessary to provide a reasonably safe atmosphere for boarding, yet NCL failed to inspect or maintain the pier adequately. By allowing the boarding process to continue amidst crashing waves and unsecured heavy obstacles, the lawsuit claims the defendant exposed passengers to an unreasonable risk of harm that was neither open nor obvious to the average traveler.

Plaintiff Seeks Damages for Permanent Bodily Injury, Lost Wages, and Future Medical Expenses

As a direct result of the alleged negligence, Anthony John claims to have suffered injuries to his body and extremities that are permanent or continuing in nature. The lawsuit seeks damages for physical pain, mental anguish, disability, disfigurement, and the aggravation of previously existing conditions. Additionally, the plaintiff is pursuing compensation for the economic impact of the incident, including incurred medical expenses, lost wages, and a loss of future earning capacity.

The complaint also demands reimbursement for the loss of enjoyment of life and the lost value of the vacation, cruise, and transportation costs, as the incident effectively ruined the purpose of the trip. The plaintiff has demanded a trial for all damages recoverable under the General Maritime Law of the United States.

Contact a Cruise Ship Pier Injury Lawyer Today if You Were Hurt Due to Unsafe Port Conditions

Cruise lines have a non-delegable duty to ensure that passengers can board and disembark their vessels safely, even when docked at foreign ports. This responsibility extends to managing hazards caused by severe weather, maintaining safe walkways, and securing equipment on piers. If you or a loved one suffered serious injuries due to flying debris, unsecured gangways, or other negligence while boarding a cruise ship, you may have grounds for legal action. Contact our experienced maritime injury attorneys to discuss the specifics of your potential claim and ensure your rights are protected.

Contact us now to speak with a cruise ship injury attorney.

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.


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