A legal battle between Norwegian Cruise Line and the family of a passenger who drowned during a shore excursion in Bermuda has ended in a settlement — reached just two days before a bench trial was scheduled to begin. The case raises important questions about what cruise lines are required to disclose to passengers about known dangers at shore excursion destinations, and what happens when that duty goes unmet.
What Happened
On March 27, 2024, Hyon Duk Shin was snorkeling with his two young sons — ages 7 and 9 — at Horseshoe Bay Beach in Bermuda during a Norwegian Getaway shore excursion. When he observed a young girl being pulled away from shore by a strong rip current, Shin swam to rescue her. He succeeded in saving the child but was himself overtaken by the current and drowned. His wife, two sons, and mother had all been traveling with him aboard the voyage.
The Shin family filed a federal lawsuit against Norwegian Cruise Line on March 25, 2025, nearly one year after his death. The complaint alleged that NCL failed to warn passengers of dangerous currents at the beach, provided insufficient lifeguard supervision during the excursion, and did not disclose prior drowning deaths that had occurred at the same location.
Legal Arguments
Norwegian Cruise Line sought to have the case dismissed before trial through a motion for summary judgment, arguing that the dangers associated with open bodies of water are open and obvious and therefore require no specific warning. United States District Judge Cecilia Altonaga denied that motion in March 2026, finding that there was no clear-cut answer as to whether NCL had advance notice of the hazardous conditions at Horseshoe Bay.
In her denial, Judge Altonaga noted that other swimmer incidents had occurred at the beach and that the Norwegian Getaway’s own captain’s log reflected strong winds in port on the day of Shin’s death — conditions consistent with the rip currents the family alleged were present. The judge further noted that NCL had itself acknowledged a duty to warn passengers of known dangers in places where they are invited or reasonably expected to visit. Because passengers were directed to Horseshoe Bay as part of a cruise line-sponsored excursion, that duty applied.
With the summary judgment denied and trial days away, Norwegian Cruise Line agreed to settle. The financial terms of the settlement have not been publicly disclosed. Under the terms of the agreement, a stipulation of dismissal with prejudice will be filed within approximately 45 days, meaning the Shin family cannot refile the same claims.
What Maritime Law Requires
Under maritime law, cruise lines owe passengers a duty of reasonable care under the circumstances. When a cruise line organizes, markets, and sells a shore excursion — directing passengers to a specific location — that duty extends to warning guests of known dangers at that destination. The fact that excursions are operated by independent contractors does not automatically insulate a cruise line from responsibility when it has prior knowledge of hazardous conditions and fails to communicate that risk to passengers.
NCL’s own website continues to describe the Horseshoe Bay Beach Transfer excursion as an “easy” activity, with no noted warnings about dangerous currents or prior drowning incidents at the location. The tour remains available for purchase by current passengers.
Why Cases Like This Matter
Shore excursion injury and wrongful death claims are among the most legally complex cases in maritime litigation. Cruise lines routinely assert that independent operators — not the cruise line itself — bear responsibility for what happens during excursions. Courts, however, have consistently recognized that when a cruise line has knowledge of prior dangerous conditions at a location it actively promotes to passengers, a duty to warn exists regardless of who operates the tour.
Evidence in these cases is time-sensitive. Witness accounts fade, documentation of prior incidents can be difficult to obtain, and the strict deadlines embedded in cruise ticket contracts begin running from the date of the incident — not the date a family feels ready to pursue a claim. Most cruise contracts require formal written notice within six months and a lawsuit filed within one year.
Read the full report at Cruise Hive: Norwegian Cruise Line Settles Lawsuit Over Bermuda Drowning Death
Contact Waks & Barnett, P.A.
The attorneys at Waks & Barnett, P.A. have represented injured cruise ship passengers, crew members, and the families of those lost at sea for more than 35 years. Based in Miami, we handle maritime injury and wrongful death claims exclusively in the courts where these cases are litigated. We represent passengers and crew members only — never cruise lines.
If you or a loved one has been injured or lost during a cruise ship shore excursion, you have rights under maritime law — and the deadlines to act are short.
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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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.