A cruise attraction that was meant to be a fun and exciting experience for a newlywed couple turned into a nightmare when the husband lost his life during a zip line excursion on Royal Caribbean Cruise Line (RCCL). Following his death, the surviving spouse filed a lawsuit in U.S. District Court for the Southern District of Florida Miami Division on November 30, 2018. RCCL is now facing potential liability for both her injuries and damages related to the death of her husband.
The couple, Shir Frenkel and Igal Tyszman were on a Royal Caribbean Cruise for their honeymoon. While on a stop at the cruise ship port in Roatan, Honduras, the couple booked a zip lining excursion while exploring the area. In the lawsuit, the wife claimed that they believed the zip line excursion tour was a Royal Caribbean attraction since they were informed about it by the cruise line.
The couple even purchased their zip line tickets through the cruise line using their Seapass cards onboard the ship, and the tickets for the zip line excursion had the RCCL logo on it. The zip line excursion tour was said to be operated by partners or through a joint venture of RCCL, which led the couple to believe it was a RCCL excursion and would be up to the highest standards of RCCL.
However, the company leading the tour, Extreme Caribe Zip Line Tour, was an independent contractor. This same company that was involved in a prior lawsuit where a woman severed both her legs on the same excursion back in 2015.
As the couple took off on their zip line excursion, Frenkel chose to go before her husband. She had not yet completed her trip when Tyszman came down the zip line and collided with her. He was pronounced dead later that day, and Frenkel suffered numerous and catastrophic physical injuries, including fractured ribs, a splenic fracture, left pleural effusion, multiple traverse fractures, a renal capsular hematoma, left pulmonary contusion and other injuries. She was flown to Broward Health Medical Center in Fort Lauderdale for treatment and was admitted to the trauma unit after the accident.
The lawsuit claims that RCCL is responsible for the accident due to the multiple representations the company made regarding its involvement with the extrusion. According to the lawsuit, “to all outward appearances, RCCL was the operator of the excursion.”
The lawsuit accuses RCCL of negligence, gross negligence and negligent misrepresentation. After some research, the plaintiff discovered approximately a dozen other incidents involving the same zip line excursion that resulted in injuries. Frenkel alleged that because of these lawsuits, RCCL was aware of the potential danger that existed through this excursion. The suit accuses RCCL of breaching the duty of care it held to the cruise line passengers by trusting the zip line excursion was safe.
In the lawsuit, Frenkel is asking for loss of support and services, loss of companionship, mental pain and suffering, as well as medical and funeral expenses. In addition, damages on behalf of her late husband’s estate due to medical bills and funeral costs, and future loss of prospective net accumulations.
The lawsuit also names the zip line tour operator, in addition to RCCL, for negligent selection and retention. While excursions at ports can be exciting and adventurous, they often present their own inherent risks. It is important to select off-shore excursions carefully and research them before booking. Injuries can occur at ports of call, as well as on the ship, and depending on the excursion, how it was advertised by the cruise line and the relationship the cruise line company has with the operator of the off-shore excursion, liability issues can be complicated and should be handled by an experienced cruise ship passenger attorney. There are immediate steps you should take after a cruise ship accident. It is important that you speak as soon as possible with a lawyer who specializes in personal injury claims against cruise lines.
INJURED ON A CRUISE SHIP OR CRUISE SHIP EXCURSION? SPEAK TO A CRUISE SHIP ACCIDENT LAWYER TODAY: 1-866-597-4529.
Most cruise lines, including Carnival, Royal Caribbean, Celebrity, Norwegian, MSC, Disney, Holland America, Princess, Costa, Regents Seven Seas and Oceania require that claims against them be pursued in a very specific place under very strict deadlines. Failure to comply with each individual cruise lines deadlines can result in a complete loss of any and all legal rights.
Aronfeld Trial Lawyers is a personal injury firm located in Miami, Florida since 1991. We have fought hard to hold cruise lines accountable when they put their profits ahead of passenger safety. We are available 24/7 and encourage you to contact us even if you are still on your cruise. The sooner we can begin our investigation and preservation of key evidence, such as the CCTV footage of your trip and fall, slip and fall, assault or other type of injury the more likely we will be able to understand and prove how the incident occurred. Remember, the cruise lines have the most aggressive and well-funded defense lawyers in the world- protecting their profits. You need an experienced legal advocate in your corner who will fight to obtain the compensation you deserve for lost wages, medical expenses, transportation reimbursement and pain and suffering. Call us today and speak with a cruise ship claims lawyer about your potential claim- toll free 1-866-597-4529, 305-441-0440, or by email. We are ready to help.