A recent lawsuit is shining a spotlight on the risks of cruise ship shore excursions — and the legal questions that arise when something goes wrong. A former passenger of the Norwegian Joy, Kelly Damron, filed a federal lawsuit against Norwegian Cruise Line in the Southern District of Florida on March 18, 2026, seeking no less than $250,000 to compensate for her injuries and ongoing suffering.
The incident occurred during a port call in Roatan, Honduras. On March 19, 2025, Damron participated in the “Buggy Eco-Adventure & Mayan Eden Park” excursion while the ship was docked there. Her ATV flipped and fell on her, causing serious injuries.
What Damron Is Alleging
Damron and her legal team are pursuing five counts against Norwegian Cruise Line and the unnamed third-party tour operator, including negligence, negligent retention of an unsafe tour operator, failure to warn of unsafe conditions, and arguments that NCL bears responsibility because the excursion operator was effectively acting as its agent.
A key element of the case centers on transparency — or the lack of it. The claim argues that there was no sufficient mention in NCL’s excursion advertisement or purchase confirmation that the excursion was being operated by independent contractors. Damron’s legal team also contends that NCL had prior notice of safety problems related to similar ATV and buggy tours through past lawsuits and consumer reviews.
NCL’s Position
NCL does disclose that its ATV excursions are intense, Level 3 activities. The listings make clear that only healthy guests should book these tours, warning of potentially dangerous conditions and recommending them only for physically fit and adventurous travelers. Guests are also required to sign a waiver prior to participating.
Why This Case Matters
This lawsuit is part of a broader pattern of litigation involving cruise line shore excursions. In a somewhat similar situation, NCL was also sued by a family after a father drowned during a shore excursion in Bermuda, with the family alleging that NCL did not properly inform guests about the hazards associated with the swimming tour.
For passengers, this case is an important reminder that booking an excursion through your cruise line doesn’t necessarily mean the cruise line is running it — or that you’re fully protected if something goes wrong. If you’ve been injured during a cruise excursion, the legal landscape can be complex, but cruise lines may bear responsibility even when third-party operators are involved.
The attorneys at Waks and Barnett, P.A. have been representing injured cruise ship passengers and crew members for more than 35 years. Based in Miami, we handle cases exclusively against cruise lines and understand the complexities of maritime law and the federal courts where these cases are litigated. If you or a loved one experienced a medical emergency aboard a cruise ship, we encourage you to contact our office today for a free consultation.
For more information from our attorneys, please call us today. There is no obligation with the call—and the call with our attorneys is free.
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Our cruise ship accident lawyers help you understand your rights and will assist you in filing an injury claim against the cruise line. If you believe negligence played a role in your medical emergency—or just have questions—please contact our office today.
The information provided is for general informational purposes only and does not constitute legal advice. Every case is unique and should be evaluated by an experienced cruise ship accident or maritime injury attorney.