New York Woman Sues Carnival Cruise Line Following Severe Leg Injury on Aruba Snorkel Excursion
Tammy L. Ufholz, a resident of New York, has initiated a maritime personal injury lawsuit against Carnival Corporation in the United States District Court for the Southern District of Florida. Under Case No. 1:26-cv-21577-JB, the complaint alleges that Ufholz sustained life-altering injuries while participating in a shore excursion during a voyage aboard the Carnival Magic. The incident occurred on March 11, 2025, during a scheduled stop in Aruba, where the plaintiff was participating in a cruise line-promoted snorkeling tour.
Cruise Passenger Sustains Broken Femur After Slipping on Wet Deck of VIP Schooner Snorkel Cruise
The legal filing describes an incident involving the VIP Schooner Snorkel Cruise, an excursion that Carnival allegedly promoted as a luxury experience featuring a private chef and snorkeling at Arashi Bay. According to the complaint, Ufholz had originally booked a different tour, but Carnival staff specifically recommended and selected this schooner experience for her after her initial choice became unavailable. While returning to the 115 foot wooden vessel from the water, Ufholz navigated a transition area near the rear of the boat. She alleges she walked into a section with several steps that lacked handrails and featured a floor saturated with water and sea spray. The resulting slip and fall was so severe that Ufholz suffered a broken right femur, an injury that required surgical intervention and has led to ongoing physical and emotional suffering.
Carnival Accused of Negligence in Selecting and Retaining Unsafe Independent Shore Excursion Operators
A central theme of the lawsuit is Carnival’s alleged failure to properly vet the independent contractors it hires to provide shore excursions. Ufholz contends that while Carnival marketed the tour through its website, onboard television, and print materials, the cruise line failed to ensure the operator adhered to recognized industry safety standards. The complaint suggests that Carnival had a duty to investigate the maintenance procedures of the schooner, specifically regarding the prevention of slippery surfaces in high traffic areas. Furthermore, the plaintiff alleges that Carnival shared in the revenue generated by the sale of these tickets while failing to ensure that the tour guides were properly trained to assist passengers or provide necessary safety briefings regarding the conditions of the vessel.
Lawsuit Highlights Lack of Safety Equipment and Warning Signs on Shore Excursion Vessel in Aruba
The plaintiff alleges that the area where the fall occurred was regularly exposed to splashing water and should have been equipped with safety measures such as non-skid strips, mats, or warning signs. The complaint asserts that no such precautions were in place at the time of the accident. Additionally, Ufholz claims that the crew provided no meaningful safety instructions or tours of the vessel to highlight potential hazards before the passengers began their activities. The lawsuit argues that if the plaintiff had known the tour was not operated directly by Carnival or that it lacked these basic safety protocols, she would not have participated in the excursion.
Plaintiff Seeks Damages for Permanent Disability and Medical Expenses Following Carnival Magic Voyage
The complaint brings five distinct counts against Carnival Corporation, including breach of non-delegable duty, apparent agency, negligent selection and hiring, negligent retention, and negligent failure to warn. Ufholz seeks compensation for a wide range of damages, including medical expenses, loss of income, mental anguish, and a permanent loss of capacity for the enjoyment of life. The legal team for the plaintiff argues that Carnival is vicariously liable for the negligence of the tour staff and that the cruise line’s pervasive marketing of the excursion created a reasonable belief that the operator was acting as an agent of the cruise line.
Contact a Cruise Ship Shore Excursion Injury Lawyer Today if You Were Injured During a Port Activity
Passengers who suffer injuries during shore excursions, whether due to unsafe vessel conditions, lack of supervision, or poorly maintained equipment, may have grounds for a legal claim under maritime law. Because cruise lines often market these tours as safe and vetted experiences, they may be held accountable when a passenger is harmed. If you or a loved one experienced a slip and fall or another serious injury while participating in a cruise-sponsored tour, it is essential to consult with a legal professional. Contact our team of experienced maritime injury lawyers today to discuss your rights and potential for recovery.
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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.
