South Carolina Woman Sues Carnival After Alleged Assault by Crew During Anxiety Episode on Carnival Elation
Nakia Graham, a resident of South Carolina, has filed a maritime personal injury lawsuit against Carnival Cruise Line in the Southern District of Florida. The complaint, filed under Case No. 1:25-cv-25234-KMW, alleges that Graham was physically assaulted by Carnival crewmembers while experiencing an anxiety episode aboard the Carnival Elation on November 11, 2024.
Passenger Claims She Was Thrown to Ground by Carnival Crew on First Night of Cruise
According to the lawsuit, Graham began experiencing a panic attack while returning to her stateroom on Deck 7 with her husband. As she tried to calm herself, crewmembers allegedly approached the couple and separated them without explanation. Graham claims that while she was being held by two crew members, a third approached from behind and violently slammed her onto the floor of the ship.
She contends she was not being violent or combative and posed no threat to herself or others. Instead of providing medical assistance or de-escalation support, the Carnival crew allegedly responded with excessive force, causing her to suffer physical injuries and emotional trauma.
Carnival Accused of Mishandling Mental Health Emergency and Failing to Train Staff
The complaint argues that Carnival failed to provide a safe environment for passengers experiencing mental health crises. Graham alleges that the crew lacked proper training in de-escalation techniques and that the cruise line failed to adopt or enforce reasonable policies for responding to passengers in distress.
Carnival’s actions, the lawsuit claims, reflect a broader failure to anticipate foreseeable situations involving medical or psychological emergencies, particularly those that do not call for forceful restraint. Graham further alleges that the cruise line’s staff lacked the skills or judgment necessary to handle her situation with appropriate care and sensitivity.
Complaint Points to History of Similar Incidents Involving Excessive Force by Carnival Staff
To support the claim that Carnival knew or should have known about the risks associated with crew use of force, the lawsuit cites several prior passenger lawsuits involving aggressive or harmful conduct by Carnival employees. These include:
- Gema Garcia v. Carnival Corp., in which a passenger alleged she was punched and thrown to the floor during a panic episode;
- A 2010 federal case involving a claim of sexual assault and false imprisonment by a crew member aboard the Carnival Valor;
- Another passenger lawsuit from 2009 alleging sexual misconduct and negligent training of Carnival staff.
These earlier cases are offered to show a pattern of improper behavior and Carnival’s alleged failure to improve training or oversight to prevent similar incidents.
Graham Seeks Damages for Physical Injuries, PTSD, and Emotional Distress Following Incident
The lawsuit brings five claims against Carnival: negligence, battery, vicarious liability, intentional infliction of emotional distress, and negligent infliction of emotional distress. Graham alleges she now suffers from post-traumatic stress disorder, heightened anxiety, and continuing physical and psychological harm.
She is seeking damages exceeding $75,000 for past and future medical care, lost wages, pain and suffering, emotional distress, and the lost value of her cruise. The complaint states that the impact of the incident continues to affect her daily life and ability to function.
Cruise Lines May Be Liable for Assault or Mishandling of Passengers with Mental Health Conditions
Under maritime law, cruise lines are obligated to ensure passenger safety and to properly train their staff to respond to foreseeable emergencies—including psychological distress. When crew members use excessive force or fail to follow established safety procedures, cruise lines may be held liable for resulting injuries. If you or someone you love experienced a similar situation aboard a cruise ship, legal remedies may be available.
Contact us now to speak with a maritime personal 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.
