Today, Miami lawyers filed suit on behalf of a cruise passenger who sailed aboard the Royal Caribbean Anthem of the Seas on Sunday, February 7th. The Lipcon law firm, based here in Miami, has filed a proposed class action lawsuit against Royal Caribbean in Federal Court for the Southern District of Florida.

Anyone who has read this blog in the last two weeks knows how I feel about the cruise in question. There is little doubt that the cruise line acted recklessly by ignoring weather forecasts of hurricane strength winds and 30 foot waves of this Altantic winter storm.  The winds strengthened, as to be expected in a storm like this, to well over 100 MPH. Many passengers experienced Anthem of the Seas Storm Lawsuitterrifying experiences where some passengers were fearful of losing their lives and those of their loved ones on the cruise ship.

The Anthem of the Seas returned to New Jersey with severe damage to its propulsion system, among other damage.

The captain of the Anthem of the Seas said during a talk to the passengers after the storm that he expected waves of only 12 to 15 foot waves.  But weather forecasts indicate that much higher waves, to over 30 feet, were expected. This means that the cruise line did not provide accurate weather reports to the captain or he ignored them. Navigation officers are required to up load “passage plans” pursuant to the the International Safety Management (ISM) codes before they sail. This information will quickly reveal exactly what weather conditions the captain anticipated during the ill-fated cruise in question.

ABC reports that any passenger who was on the ship can be represented in the lawsuit, which covers both passengers who suffered physical injuries and those passengers who are alleging only severe emotional, psychological and emotional stress.

You can read the lawsuit papers here.

At least one other lawsuit was filed last week by a lawyer in Houston, Texas.

Our firm will be representing passengers who sustained physical injuries during the storm.

Cruise lines ordinarily have a duty of only “reasonable care” under the circumstances. But in instances of rough weather, cruise lines have a much higher duty of care toward the passengers. Some characterize this duty as the “highest duty of care” of the passengers when the ship is expected to encounter rough weather.

Can it seriously be argued that Royal Caribbean exercised “high care” when it sailed 4,500 passengers, including the elderly and children, into a winter storm forecast to bash the ship with hurricane strength winds and waves over 30 feet?

Read our last article on the Anthem of the Seas fiasco.

  • Bruce

    What are the chances that Captain Clause will get fired by Royal Caribbean for sailing into the storm?

    Or is a quiet “retirement” facilitated by a generous (but confidential) package more likely?

  • Allan Horner

    What ever happened to “Innocent until proven guilty”? Jim Walker’s article above even says that it is not known where the fault lies. Let the investigation run its course and then you can hang the guilty party from the yard arm.

  • tinikini

    The answer to your last paragraph….nope.

  • Mary

    I am interested in the 4 injuries they reported. What were they? I was injured also and my husband called 911 but they asked if I was conscious which I was and asked if I was bleeding which I wasn’t. They said to call another number if I got worse. Right now I am dealing with a diagnosed closed head injury with spinal and lumbar injuries. I was diagnosed at urgent care but the referral to the CT scan has to come from my doctor who refuses to do it because he calls it a third party injury. AND my insurance says I am covered under my emergency policy. And the fight goes on without me getting any care as the headaches and nausea get worse. I do not blame the captain or RCL

  • Lorraine Schwartz

    My family and myself, including two pregnant grand children were on that cruise. We were terrified during that storm. I thought we all were going to lose our lives . Being confined to our state rooms for more than 12 hours holding on to our beds and furniture with out food and not knowing if we were going to capsize was the most terrifying time of my life I would never go on a cruise ever again Thank God we made it thru this !!

  • RYBA

    My husband and I sailed on this cruise. We are seasoned cruisers and were fearing for our lives. There were times when the starboard side listed so far and for so long that we thought the ship would never right itself again. We were ready for the abandon ship call every moment of those 12 hours. I horrifyingly thought back to the Costa Concordia where passengers were told to go to their staterooms and stay there. No lifejackets in our rooms and we knew the lifeboats could not be launched in those conditions. I am so thankful that the other azipod did not shut down and that we did not lose power.

  • Kimberlee linette

    Royal did the same thing to us. They took us out in hurricane sandy they took us straight into the hurricane and we got nothing for it but a trip from hell. The captain told us he was told the ship had to leave the pier anyway and no matter if you had insurance for the trip you would lose your money. It was corporate that told the captain to take the ship out..

  • aep736

    We were also on that crazy cruise (not our first cruise either). No life jackets in the rooms, watching the lifeboats go underwater or constantly being hammered by waves, having a vessel of that size and magnitude keeled over for hours, no food except candy and pringles (which led to a 9yo hopped up on sugar and scared – no free movie would change that. ), then attempting to lay in bed while at an angle to go to the vessel “bouncing” and “shuttering” as you lay there for hours, listening to the wind, to having the Captain say the Coast Guard sends their regards…a bit much. The next day the Captain saying the vessel is seaworthy,when that was indeed not the truth.
    What was so discouraging was post cruise learning how much of a desperate situation we were in and this all could have been avoided. Shame on RCC.
    I am hearty New Englander, been in the marine industry, a sailor, and have weathered out many storms, hurricanes, etc on land and sea. This storm was the singular most petrifying time of my life. Knowing also I put my family at such a risk just wrecked me. Now, any rain storm or wind storm makes my heart race, I break out in a sweat, and start to shake. Even when I am safe in my home. No way could I drive in a rain storm at this point. I am on the edge of making an appointment for anti anxiety pills for the next rain storm. Thanks RCC.
    Yes, RCC did credit us for our expenses. And a credit for our next cruise. Ha. That will not be happening.

  • EZ

    Interesting … This ship is just sailing past Statia at 23.4 knots on it’s way to NJ. Time 8:14pm, weather calm. Why so fast? Why so close to the island?

  • Robert falco

    Still waiting for my airline ticket adjustments. Don’t ghink anyone reads their emails at rccl. Want in on that class action lawsuit, read an article that said even if we had to abandon ship, the lufeboats and rafts wud have been crushed by he ship in those swells!

  • Ken Oexmann

    Why didn’t the Anthem stay South where the storm was much less severe? (And could have possibly docked in Cape Kennedy). Also, there was no way we could have boarded the lifeboats in the 180mph winds (152+ nautical mph),with the severe seas and the ONLY boat that could have towed it to shore, if at all possible, would have been a very large aircraft carrier. I’ve been in storms on ships before, but this was terrifying.

  • Lisa P

    My husband, mother, sister and friends were on the Anxiety of the Seas (That’s my new name for the ship). We’ve been on over 25 cruises. This cruise was my worst nightmare! We thought cruising from Canada to Hawaii was rough. Looking back, that was nothing compared to what we experienced on this ship.
    I’m happy to say we’ve done so many cruises, it’s off the bucket list, FOREVER!

  • Robin S. Robbins

    My mother and I sailed on this cruise. We are seasoned cruisers and were fearing for our lives. It was like a roller coaster – rolling from side to side each time at a 45 degree angle. I was tossed around in the bathroom like a rag doll and was almost throw into the balcony glass doors. It was terrifying not knowing if the ship was going to capsize. Not only did they not plan for this by not sailing or taking another route they had no prepared food like sandwiches, fruit or water. 12 – 13 hours without food and water. On top of this there were no lifejackets in our rooms they were 8 decks below us. This was the first cruise we had been on where the like jackets were not in the staterooms, how is this even legal. I know that my mother’s stroke and the re-injury of my ankle was caused by this. Will we use the 50% off our next cruise on RCL, NO, this was our first and last time sailing on RCL!