A Miami woman has filed a maritime personal injury lawsuit in the Southern District of Florida against Virgin Cruises Intermediate Limited Inc., doing business as Virgin Voyages, and its Mexican excursion partner, Operadora Aviomar SA de CV. The complaint, filed May 20, 2025, under Case No. 0:25-cv-60998, alleges serious injuries sustained during a July 2024 tubing excursion in Costa Maya, Mexico that was sold and promoted by Virgin Voyages as part of a Caribbean cruise aboard the Valiant Lady.

River Tubing Accident in Mexico Prompts Lawsuit Against Virgin Voyages and Excursion Operator Aviomar

According to the complaint, the plaintiff purchased a tubing excursion marketed by Virgin Voyages under the title “River Tubing at Seven Colors Lagoon.” The activity involved floating down a river that empties into Bacalar Lagoon in Costa Maya. Once on the excursion, the plaintiff alleges she was instructed to leave the float and wade through deep water with a strong current. She became separated from the group, struggled against the current, and sustained a serious shoulder injury. The complaint states that the guides failed to provide meaningful instructions or remain in close proximity during the excursion.

Plaintiff Claims Excursion Was Misrepresented and Inadequately Supervised

The plaintiff alleges that Virgin Voyages failed to warn passengers about the excursion’s physical demands, deep water, or strong currents. She also contends that the cruise line did not disclose that the excursion was operated by a third party. The complaint asserts that Virgin’s promotional materials gave the false impression that the excursion was owned, operated, and supervised by Virgin Voyages itself. The lawsuit states that no adequate safety warnings or restrictions were provided despite the risks.

Lawsuit Asserts Virgin Voyages Is Liable for Negligent Selection and Vicarious Responsibility

The complaint includes several counts of negligence against Virgin Voyages, including failure to warn, negligent selection and retention of Aviomar as an excursion provider, and vicarious liability for the acts of the excursion staff. The plaintiff argues that Virgin failed to exercise due diligence in inspecting and monitoring its shore excursion partners, despite contractual arrangements that made Virgin responsible for passenger safety during these outings.

Injured Cruise Passenger Seeks Damages for Ongoing Pain, Medical Costs, and Loss of Enjoyment

The plaintiff asserts that as a direct result of the incident, she sustained permanent physical injuries and continues to suffer pain, emotional distress, and loss of enjoyment of life. The complaint seeks damages for medical costs, disability, lost vacation value, and future impairment. The lawsuit also alleges that Virgin Voyages benefits financially from its shore excursions, including marketing them via onboard screens and mobile apps, and collecting payments directly from passengers.

Contact a Cruise Ship Excursion Injury Lawyer Today to Learn Your Rights

When cruise lines promote and sell excursions, they have a duty to ensure that those experiences are safe and properly supervised. If you or a loved one were injured during a shore excursion arranged through a cruise line, you may be entitled to compensation. To learn more about your legal options under maritime law, contact us today for a consultation.

Oceania Passenger Sues for Hip Fracture After Fall Through Open Hatch on Halifax Boat Cruise in Namibia

Andrée Tremblay, a Florida resident, has filed a maritime personal injury lawsuit in the Southern District of Florida against Oceania Cruises Ltd. and its South African excursion partner, Expert Africa Ltd. The complaint alleges that Tremblay suffered a fractured hip after falling through an unsecured hatch aboard a catamaran during a shore excursion to Halifax Island, Namibia, on May 23, 2024. The suit is filed under Case No. 1:25-cv-22343-JEM and asserts multiple negligence claims based on agency, joint venture, and product marketing theories.

Cruise Passenger Falls Through Open Hatch on Oceania-Arranged Catamaran Excursion in Namibia

The complaint states that Tremblay was a fare-paying passenger aboard Oceania’s M/S Nautica and booked the Halifax Boat Cruise excursion directly through Oceania’s online system. The excursion was marketed through Oceania’s promotional materials, mobile app, and onboard concierge services as a scenic wildlife tour near Luderitz, Namibia. Upon reaching Halifax Island, passengers were encouraged to move around the deck for better wildlife viewing. Tremblay lost her balance due to the vessel’s motion, and in attempting to stabilize herself, stepped into an open and unsecured hatch, falling approximately six to seven feet into the vessel’s lower compartment.

The lawsuit alleges that Expert Africa’s crew failed to secure or warn of the open hatch despite its location in a commonly trafficked area. Tremblay sustained a fractured left hip requiring medical treatment and continues to experience pain, loss of mobility, and diminished quality of life as a result.

Complaint Alleges Oceania Failed to Disclose Excursion Risks and Negligently Selected Unsafe Tour Operator

According to the lawsuit, Oceania’s marketing and ticketing process gave no clear indication that Expert Africa was an independent third party. Tremblay claims she believed Oceania either operated the excursion or had retained Expert Africa as its vetted agent or partner. The plaintiff asserts she would not have booked the Halifax Boat Cruise had she known it was not operated or adequately controlled by Oceania.

The complaint includes causes of action for negligent selection and retention of a tour operator, negligent misrepresentation, and apparent agency, all based on the allegation that Oceania exercised control over the excursion’s design, promotion, pricing, and safety compliance.

Expert Africa Accused of Failing to Inspect or Warn About Hazardous Deck Hatch on Catamaran

The lawsuit also brings direct negligence claims against Expert Africa for failure to maintain the catamaran in a reasonably safe condition. The complaint asserts that the unsecured hatch was left open for an extended period, that crew members failed to identify or correct the hazard, and that no warnings were provided to passengers despite the foreseeability of injury.

The plaintiff further alleges that Expert Africa was contractually obligated to adhere to Oceania’s safety standards and that its failure to do so reflects a broader breach of duty toward cruise passengers transported as part of Oceania’s excursion offerings.

Cruise Excursion Injury Lawsuit Seeks Compensation for Long-Term Medical and Emotional Damages

Tremblay seeks damages for her physical injuries, ongoing medical treatment, emotional trauma, and reduced enjoyment of life. She also seeks compensation for the loss of the cruise vacation experience, including the excursion she paid for directly through Oceania.

Contact a Cruise Ship Excursion Injury Attorney Today if You Were Hurt on a Shore Tour

Cruise passengers who suffer injuries during excursions arranged or promoted by cruise lines may have legal options, even when third-party operators are involved. If you were injured during a shore excursion booked through a cruise line, contact us today for a consultation to learn more about your rights under maritime law.