North Carolina Father Sues Carnival Cruise Line After Minor Son Suffers Hot Tub Drain Suction Entrapment on Mardi Gras
Franklin Goin, a resident of Richlands, North Carolina, has filed a maritime personal injury lawsuit individually and on behalf of his minor son, identified by the initials C.G., against Carnival Corporation in the Southern District of Florida. Filed under Case No. 1:26-cv-27256-JAL, the federal complaint alleges that the twelve-year-old boy suffered catastrophic near-drowning and physical injuries after being held underwater by an uncovered, high-suction main drain inside a Lido Deck hot tub aboard the Mardi Gras on April 16, 2025.
Minor Cruise Passenger Entrapped Underwater by Exposed Lido Deck Hot Tub Drain Aboard Carnival Mardi Gras
According to the complaint, C.G. was a fare-paying passenger aboard the Mardi Gras on a voyage that departed from Port Canaveral, Florida, on April 12, 2025. On the evening of April 16, 2025, the twelve-year-old was using the main recreational hot tub located on Deck 16, also known as the Lido Deck. The hot tub circulated water through a single submerged suction outlet at the bottom of the spa connected to a recirculating pump. Earlier that evening, the protective cover over the main drain came off or became unsecured, leaving the powerful suction outlet completely exposed.
At approximately 8:20 p.m., while the hot tub was crowded with children and teenagers, C.G. was pushed toward the center of the spa. His left buttock was drawn directly onto the exposed main drain. The force of the uncovered suction outlet held the boy tightly against the bottom of the hot tub, keeping him fully submerged underwater and unable to free himself despite frantic efforts by fellow passengers to pull him loose.
Carnival Crew Accused of Ignoring Missing Drain Cover and Failing to Shut Off Hot Tub Pump During Emergency
The lawsuit details disturbing allegations regarding the conduct of Carnival crew members both before and during the life-threatening emergency. According to the filing, Carnival pool attendants and crew members were explicitly informed by passengers that the main drain cover had come off prior to the entrapment. Rather than closing the hot tub, shutting down the recirculation pump, warning bathers, or calling trained maintenance personnel to secure the cover, crew members allegedly instructed the children in and around the water to simply put the cover back themselves.
Once C.G. became trapped underwater at the bottom of the spa, fellow passengers jumped in to try to pull him off the drain and repeatedly shouted at the stationed pool attendant and Carnival security officers to shut off the suction pump. The complaint alleges that the pool attendant stood frozen and that the responding crew failed to turn off the pump, failed to enter the water, and failed to assist in the rescue. With no help coming from the crew, desperate passengers attempted to lower the water level by scooping and splashing water out of the hot tub using serving dishes passed to them from an adjacent restaurant. One passenger administered underwater rescue breaths to C.G. while he remained pinned to the floor of the tub, and other guests worked to clear nearby children from the scene. After several minutes of submersion, the suction was finally shut off and the boy was lifted from the water. Following emergency oxygen administration in the shipboard medical center, C.G. was medically evacuated by air from Nassau, Bahamas, to Orlando, Florida, on April 17, 2025, where he underwent treatment at Nemours Children’s Hospital. Despite the severity of the incident, Carnival allegedly reopened the hot tub to passengers the very next day.
Lawsuit Alleges Violations of the Federal Virginia Graeme Baker Pool and Spa Safety Act on Carnival Cruise Ship
A central component of the complaint involves allegations that Carnival violated federal pool and spa safety laws designed specifically to prevent underwater suction entrapment. Plaintiffs assert that because Carnival is headquartered in Miami, sells cruises to United States citizens, and operates the Mardi Gras out of Port Canaveral as a public accommodations facility, the shipboard hot tub is subject to the Virginia Graeme Baker Pool and Spa Safety Act and Consumer Product Safety Commission rules. Named after a seven-year-old girl who drowned in a hot tub suction incident in 2002, the federal statute mandates that public pools and spas be fitted with compliant anti-entrapment drain covers meeting ASME/ANSI A112.19.8 performance standards.
Furthermore, federal law requires any public spa operating with a single main drain that is not unblockable to be equipped with at least one secondary anti-entrapment system, such as a safety vacuum release system, a suction-limiting vent system, a gravity drainage system, an automatic pump shut-off system, or a drain disablement device. The lawsuit alleges that the Lido Deck hot tub on the Mardi Gras relied on a single, blockable main drain without any of these mandatory backup safety systems, and that it also lacked a clearly marked, readily accessible emergency shut-off switch near the spa. In addition to citing the federal statute, the complaint references industry standards under the Centers for Disease Control and Prevention Vessel Sanitation Program Operations Manual, as well as prior fatal hot tub suction litigation in the Southern District of Florida, such as Van Hoy, to demonstrate that Carnival had extensive constructive and actual knowledge of the lethal hazards posed by uncovered single-drain outlets.
Plaintiffs Seek Damages for Near Drowning, Rhabdomyolysis, and Medical Evacuation Costs Caused by Carnival Negligence
The complaint brings eight causes of action against Carnival Corporation. On behalf of C.G., the lawsuit asserts claims for negligent maintenance and inspection, negligent failure to warn, negligent failure to equip the hot tub with required anti-entrapment protection, vicarious liability for the pool crew’s negligence prior to the entrapment, negligent training and supervision of deck and emergency personnel, vicarious liability for negligent rescue and failure to render aid, and a federal statutory claim for knowing violation of a consumer product safety requirement under 15 U.S.C. Section 2072. Additionally, Franklin Goin brings an individual claim seeking recovery for pecuniary losses, including extensive medical, hospitalization, and air ambulance evacuation expenses incurred during his son’s minority, as well as the loss of his son’s services.
As a result of the prolonged underwater entrapment, the complaint states that C.G. suffered severe physical and psychological trauma, including near drowning and submersion injuries, rhabdomyolysis, a left gluteal hematoma and contusions, mental anguish, disability, and a diminished capacity for the enjoyment of life. The plaintiffs allege that these injuries are permanent or continuing in nature and will require ongoing medical care even after the minor reaches adulthood.
Contact a Cruise Ship Pool and Hot Tub Injury Lawyer Today if Your Child Was Hurt on a Vessel
Cruise lines have a strict legal responsibility to maintain safe recreational water facilities, comply with federal anti-entrapment safety standards, and ensure that lifeguards and deck attendants are properly trained to respond to aquatic emergencies. When cruise operators ignore missing drain covers, fail to install required backup vacuum release systems, or fail to shut down pumps during an entrapment emergency, passengers can suffer catastrophic or fatal submersion injuries.
If you or your child suffered a serious injury in a cruise ship swimming pool, spa, or water attraction due to unsafe equipment or crew negligence, our maritime personal injury attorneys can help you hold the cruise line accountable under federal maritime law. Reach out to our legal team today to discuss your case via our contact page at https://holzberglegal.com/contact-us/
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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.
