Can you sue the cruise line if you were hurt on a shore excursion run by a third-party company, not the ship’s own crew? Often, yes. The Miami Personal Injury lawyer, Jonathan Perazzo knows that under general maritime law, a cruise line can be held liable for an excursion operator’s negligence if the excursion was sold or promoted in a way that made a reasonable passenger believe the operator worked for the cruise line, or if the cruise line knew — or should have known — the operator was unsafe and kept selling the trip anyway. How the excursion was booked, and what the cruise line knew about the operator, usually decides the case.
A Miami Pediatrician’s Scuba Lawsuit Puts the Question in Front of a Federal Court
A Miami pediatrician, Hector Trujillo, filed a maritime personal injury lawsuit against Royal Caribbean Cruises Ltd. in the U.S. District Court for the Southern District of Florida, Case No. 1:26-cv-25454-KMM, according to Holzberg Legal’s report on the filing.
According to Holzberg Legal’s report, Trujillo booked a “Discover Scuba Diving” shore excursion while sailing aboard Royal Caribbean’s Star of the Seas. The dive, per that same report, took place in Charlotte Amalie, St. Thomas, on September 10, 2025, run by two local companies — Adventure Scuba & School LLC and Underwater Adventure LLC — not Royal Caribbean’s own crew, though the excursion was sold through Royal Caribbean.
About 30 minutes into the dive, at roughly 50 feet, Trujillo’s breathing hose split, an event the complaint calls an “explosion” that left him disoriented and unable to control his buoyancy, the lawsuit alleges. He ended the dive early and was treated in the ship’s infirmary the rest of the voyage, and now alleges lasting hearing loss, tinnitus, and vertigo, per Holzberg Legal’s summary. This is a filed complaint, not a court finding — Royal Caribbean has not been shown to have admitted or been found liable for anything described here.
“Not My Ship, Not Their Problem”? That Assumption Is Often Wrong
Most travelers assume a cruise line’s responsibility ends the moment a passenger steps off the gangway onto a shore excursion booked with someone else. Under general maritime law, that is not automatically true. Two separate legal theories can put liability back on the cruise line even when its own crew never touched the equipment or ran the tour.
Theory 1: Apparent (or Actual) Agency
A cruise line can be liable for a third-party operator’s negligence if the operator functioned as its apparent agent — meaning the excursion was marketed and controlled in a way that would lead a reasonable passenger to believe the operator worked for the cruise line.
The Eleventh Circuit’s reasoning in Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014), opened the door to agency-based claims against cruise lines more broadly. That case involved a shipboard nurse and doctor, not a shore excursion — but the same question, whether a reasonable passenger would believe the operator was acting for the cruise line, is the reasoning courts have since applied to excursion-operator disputes.
Theory 2: Negligent Selection and Retention
The second theory doesn’t depend on agency at all. A cruise line can be directly liable if it knew, or reasonably should have known, an excursion operator was unsafe or unqualified and kept selling that excursion anyway. Per Holzberg Legal’s report, this is the theory Trujillo’s complaint invokes: that Royal Caribbean continued selling the “Discover Scuba Diving” excursion despite already knowing of problems with the local operator or its equipment.
A negligent-selection claim generally requires showing the operator was incompetent or unfit, that the cruise line knew or should have known that, and that the unfitness caused the injury. Evidence that moves this kind of claim forward: prior similar incidents involving the same operator, safety violations, the cruise line’s vetting or inspection records, and its contract with the operator.
What the Trujillo Complaint Alleges — and What It Doesn’t Prove
According to Holzberg Legal’s coverage of the filing, the lawsuit seeks damages for past and future medical care, lost wages, reduced earning capacity, physical disability, mental anguish, and loss of enjoyment of life. No court has awarded, or been asked to award, any specific dollar figure described in this article, and this pending lawsuit has not been decided. Past results do not guarantee a similar outcome.
If You Were Hurt on a Shore Excursion, What Actually Matters
Not every shore-excursion injury is the cruise line’s responsibility. A passenger who books directly with an independent local operator, found on shore with no involvement from the ship’s booking desk or website, generally faces a much harder path to holding the cruise line liable. The question that decides these cases: how was the excursion sold, and what did the cruise line know about the operator before you booked it?
If you’re sorting that out after an injury, a few things help early:
- Keep the booking confirmation and any cruise-line branding on the excursion listing.
- Photograph the equipment, the operator’s signage, and any injury.
- Get the names of the operator, guide, and any witnesses.
Maritime injury claims against cruise lines also carry short, strict deadlines and are usually governed by a forum-selection clause printed in the ticket contract — worth raising with a lawyer early.
A shore excursion injury lawyer can review how your excursion was sold and what the cruise line’s own records show it knew about the operator beforehand. The Perazzo Law Firm handles shore excursion injury claims under general maritime law and can walk you through whether an agency or negligent-selection theory fits your facts.
FAQ: Shore Excursion Injuries and Cruise Line Liability
Q: If a shore excursion operator isn’t a cruise line employee, can I still sue the cruise line?
A: Potentially — under an apparent-agency theory (the excursion looked like it was run by the cruise line) or a negligent-selection theory (the cruise line knew, or should have known, the operator was unsafe and sold the trip anyway).
Q: Does it matter whether I booked through the cruise line or on my own in port?
A: Generally, yes. Excursions sold through the cruise line’s own booking system are more likely to support these claims than one booked independently.
Q: What is negligent selection and retention?
A: A direct-liability theory holding a cruise line responsible for continuing to sell an operator it knew, or should have known, was unsafe or had a history of problems.
Q: Does a filed lawsuit mean the cruise line did something wrong?
A: No. A complaint contains allegations only. Nothing is established as fact until a court rules or the parties resolve the case, and no outcome in the Trujillo case or any other should be assumed.
Talk to a Maritime Injury Lawyer About What Happened
If you were hurt on a cruise shore excursion and aren’t sure whether the cruise line, the local operator, or both may be responsible, contact The Perazzo Law Firm for a free case evaluation, or call 888-PERAZZO (888-737-2996) 24/7. We work on a contingency basis — no attorney’s fee unless we recover.
Personal Injury Accident Attorney in Miami Advertising. The Perazzo Law Firm maintains a bona fide office in North Miami Beach, Florida. This article discusses an active, pending lawsuit (Case No. 1:26-cv-25454, S.D. Fla.) filed by a third party against Royal Caribbean Cruises Ltd. The claims described are allegations only — no court has made findings of fact or liability, and The Perazzo Law Firm is not counsel of record in that case. This article is general information, not legal advice, and does not create an attorney-client relationship. Past results do not guarantee a similar outcome. No attorney’s fee unless we recover.