Waks and Barnett, P.A. (cruise ship injury law firm)| March 1, 2026
A lawsuit filed on February 26, 2026, in the United States District Court for the Southern District of Florida alleges that three passengers aboard the Carnival Sunrise sustained serious injuries when a bench inside a tender boat became unbolted and collapsed during rough seas. The passengers were being transported from the cruise ship to Princess Cays, a private island destination in the Bahamas operated by Carnival Corporation, when the incident occurred on March 10, 2025.
The lawsuit names Carnival Corporation as the defendant and accuses the cruise line of multiple acts of negligence, including failure to properly maintain the tender boat, failure to warn passengers of known hazards, and negligent operation of the vessel by the tender boat captain. Each of the three plaintiffs is seeking damages in excess of $75,000 and has requested a jury trial.
This case highlights a reality that passengers are often surprised to learn: the journey between a cruise ship and a port of call can present significant risks, and cruise lines have a legal obligation to ensure the safety of passengers throughout the entire voyage—including during tender operations.
What We Know About the Incident
According to the complaint, the three passengers—Brandi Leber, Patrick Leber, and Carol Susie McCabe—boarded a Carnival-operated tender boat to travel from the Carnival Sunrise to Princess Cays. During the transit, the tender boat encountered turbulent sea conditions. The lawsuit alleges that the tender boat captain steered the vessel parallel to the waves rather than into them, which caused the boat to rock violently and increased the instability experienced by passengers on board.
As the vessel pitched in the rough seas, a bench inside the tender boat—which the lawsuit alleges had been improperly bolted to the floor with loose fasteners—became dislodged and collapsed. Brandi Leber was thrown into a metal railing, striking her head and sustaining a traumatic brain injury. Patrick Leber’s left knee became pinned beneath the collapsed bench, resulting in a serious knee injury. Carol Susie McCabe suffered multiple injuries to her left leg, back, and neck.
The injuries described in the complaint are significant. Traumatic brain injuries, in particular, can have long-lasting consequences that affect a person’s ability to work, maintain relationships, and perform everyday activities. The full extent of the plaintiffs’ injuries and the long-term prognosis for their recovery remain to be determined as the litigation proceeds.
Tender Operations: The Gap Between Policy and Practice
Tender boats are used when a cruise ship is too large to dock directly at a port. Passengers board smaller vessels and are transported to shore, sometimes across open water and in varying sea conditions. Cruise lines routinely present tendering as a safe and routine part of the cruise experience, and passengers generally trust that the equipment and crew are prepared to handle the conditions.
However, the gap between policy and practice can be significant. Tender boats must be properly maintained, with all seating and safety equipment securely fastened and regularly inspected. Captains operating these vessels must be trained to navigate in a manner that minimizes risk to passengers, particularly in rough or unpredictable sea conditions. When any of these safeguards fall short, passengers can be exposed to serious and preventable injuries.
The allegations in this lawsuit suggest that the bench in question was not properly secured and that the captain’s handling of the vessel in turbulent waters may have contributed to the severity of the incident. These are precisely the types of failures that raise questions about whether the cruise line exercised reasonable care under the circumstances.
Understanding Maritime Law and Passenger Rights
Under maritime law, cruise lines owe a duty of reasonable care under the circumstances to their passengers. This duty extends to every aspect of the cruise experience, including the operation of tender boats. A cruise line must take reasonable steps to maintain equipment in safe working condition, train crew members to respond appropriately to changing sea conditions, and warn passengers of known or foreseeable hazards.
When a cruise line fails to meet this standard—whether through inadequate maintenance of tender boat seating, improper vessel operation in rough seas, or a failure to cancel tendering operations when conditions are unsafe—injured passengers may have grounds for a legal claim.
Strict Deadlines That Passengers Must Know
One of the most important aspects of cruise ship injury claims is the strict timeline imposed by the cruise ticket contract. Most major cruise lines, including Carnival, require passengers to provide written notice of their claim within six months of the incident. Additionally, any lawsuit must typically be filed within one year of the date of injury. These deadlines are strictly enforced, and courts have consistently dismissed claims filed even one day late.
Passengers are also often surprised to learn about the forum selection clause contained in their cruise ticket. This clause typically requires that all legal claims be filed in a specific jurisdiction—most commonly the United States District Court for the Southern District of Florida, in Miami—regardless of where the passenger lives or where the incident took place. In this case, the lawsuit was filed in the Southern District of Florida, consistent with the forum selection clause in Carnival’s passenger ticket contract.
Why Early Action Is Critical
In cases involving tender boat injuries, evidence can disappear quickly. Maintenance logs for the vessel, inspection records for seating and safety equipment, crew training documentation, and surveillance footage are all vital to establishing what went wrong. Cruise lines aggressively defend claims, and they have significant legal resources at their disposal. Without prompt legal action, critical evidence may be lost, altered, or become unavailable.
For passengers who have been injured during tender operations—or during any phase of a cruise voyage—understanding these realities is essential. The cruise ticket contract contains restrictive clauses that can limit a claimant’s rights if they are not addressed early and properly.
How Waks and Barnett, P.A. Can Help (your local Miami cruise ship lawyers)
For more than 35 years, Waks and Barnett, P.A. has represented cruise ship passengers and crew members in maritime injury claims. Based in Miami, our firm understands the unique legal framework that governs incidents at sea—including the strict deadlines, forum selection clauses, and evidentiary challenges that make these cases unlike any other area of personal injury law.
If you or a loved one was injured during a tender boat operation, or during any part of a cruise voyage, we encourage you to seek legal guidance as soon as possible. Early legal action is the most effective way to protect your rights and preserve critical evidence.
Contact Waks and Barnett, P.A. today for a free consultation.
Phone: 1-305-271-8282
*Waks and Barnett, P.A. has not affiliation with the specific lawsuit mentioned here.
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Durante más de 35 años, Waks and Barnett, P.A. ha representado a pasajeros y tripulantes de cruceros en demandas por lesiones marítimas. Con sede en Miami, nuestra firma comprende el marco legal único que rige los incidentes marítimos, incluyendo los estrictos plazos, las cláusulas de selección de foro y los desafíos probatorios que diferencian estos casos de cualquier otra área del derecho de lesiones personales.
Si usted o un ser querido sufrió lesiones durante la operación de una embarcación auxiliar o durante cualquier parte de un crucero, le recomendamos buscar asesoramiento legal lo antes posible. Actuando legalmente con prontitud es la manera más eficaz de proteger sus derechos y preservar pruebas cruciales.