A wrongful death lawsuit has been filed against Royal Caribbean International following the death of a 35-year-old man on one of its cruise ships. The lawsuit, brought by the man's fiancée, alleges negligence in serving excessive alcohol and the use of improper restraint by crew members.
Key Takeaways
- Michael Virgil, 35, died on a Royal Caribbean cruise in December 2024.
- His fiancée, Connie Aguilar, filed a wrongful death lawsuit in federal court in Miami.
- The lawsuit claims Virgil was served at least 33 alcoholic drinks.
- Crew members are accused of tackling and restraining Virgil, leading to his death.
- The Los Angeles County Medical Examiner ruled the death a homicide.
Details of the Incident on Navigator of the Seas
The incident occurred in December 2024 during a roundtrip voyage from Los Angeles to Ensenada, Mexico. Michael Virgil was traveling with his fiancée, Connie Aguilar, and their son, along with other family members, on the Navigator of the Seas.
According to the lawsuit, crew members on board served Virgil more than two dozen alcoholic drinks. Following this, Virgil reportedly became lost and agitated while trying to find his room on the ship.
Fatal Encounter
The lawsuit details that crew members tackled Virgil to the ground and applied their full body weight, leading to a prolonged prone restraint. This action allegedly compressed his back and torso, impairing his breathing.
The lawsuit further claims that, at the captain's request, crew members administered a sedative and sprayed Virgil with pepper spray. This combination of actions is cited as the cause of respiratory failure, cardiac arrest, and ultimately, Virgil's death.
Medical Examiner's Ruling and Video Evidence
The Los Angeles County Medical Examiner's office investigated the death. Their ruling classified Virgil's death as a homicide. The medical examiner stated that Virgil died from the combined effects of mechanical asphyxia, obesity, an enlarged heart, and alcohol intoxication.
What is Mechanical Asphyxia?
Mechanical asphyxia occurs when an external force or object blocks a person's breathing, preventing oxygen from reaching the lungs. This can happen through compression of the chest or neck.
Video footage, reportedly shot by passenger Christopher McHale and obtained by KTTV of Los Angeles, shows Virgil in a narrow hallway kicking a door. A report by KTTV indicated that Virgil was heard screaming profanities, threatening to kill McHale and a crew member, and chasing them down the hallway. McHale stated that the crew member locked himself in a towel room, which Virgil then attempted to kick down. The video reportedly captures security guards and others holding Virgil down on the floor.
"Nobody deserved to die the way Virgil did."
Allegations of Negligence and Company Policy
The lawsuit contends that crew members should not have continued serving Virgil alcohol. It states he "exhibited obvious visual signs of intoxication." The filing argues that Royal Caribbean was negligent for allowing this to occur.
Maritime common law places a responsibility on carriers like Royal Caribbean. This law requires them to "supervise and assist passengers likely to engage in behavior dangerous to themselves or others." The lawsuit asserts that Royal Caribbean failed to uphold this duty.
Alcohol Service Practices Questioned
A key point of contention in the lawsuit is the cruise line's approach to alcohol sales. It alleges that Royal Caribbean failed to exercise its right to stop serving alcohol to Virgil, which could have protected his life. The lawsuit claims the company's ships are deliberately designed with alcohol-serving stations "in every nook and cranny." It also states that the company "does as much as possible to encourage and facilitate alcohol consumption" on board.
- Allegation 1: Over-serving alcohol to an intoxicated passenger.
- Allegation 2: Failure to intervene despite visible signs of intoxication.
- Allegation 3: Improper use of physical restraint, sedatives, and pepper spray.
- Allegation 4: Inadequate training for crew members and medical personnel.
Medical Personnel and Training
The lawsuit also raises concerns about the qualifications of medical personnel on board. It claims that the medical staff lacked proper education, licenses, experience, and skills. Furthermore, it suggests that Royal Caribbean failed to adequately train its crew members to assess when to stop serving alcohol to a passenger.
The lawsuit was filed in federal court in Miami. Royal Caribbean, one of the world's largest cruise companies, has its headquarters in Miami. As of Tuesday, Royal Caribbean has not publicly responded to an email requesting comment on the lawsuit.
Company Size
Royal Caribbean International is the world's second-largest cruise company by revenue.
This legal action highlights ongoing discussions about passenger safety, alcohol service policies, and the responsibilities of cruise lines. The outcome of this case could impact how cruise companies manage passenger behavior and alcohol consumption on their voyages in the future.
