Norwegian Cruise Line Settles Lawsuit Over Bermuda Drowning Death
Key Aspects:
Over two years after a father drowned during an NCL shore excursion, the legal battle is finally coming to a close.
The family claimed that the cruise line did not properly warn guests about the risks associated with the Bermuda-based tour.
Norwegian Cruise Line agreed to settle with only days to go before the trial would have begun.
An unfortunate legal battle between Norwegian Cruise Line and the Shin family is finally coming to a close.
Hyon Duk Shin, his wife, their two sons, and Shin’s mother were all sailing together onboard the 145,655-gross ton Norwegian Getaway, when Shin died during a shore excursion in Bermuda’s Horseshoe Bay on March 27, 2024.
The father was snorkeling with his young boys, who were just 7 and 9-years-old at the time, when he noticed a girl drifting away from the beach due to a strong rip current. Shin rescued the child, before becoming overpowered by the current and drowning.
Cruise Hive reported that the Shin family filed a lawsuit accusing Norwegian Cruise Line of negligence on March 25, 2025, nearly one year after the father’s untimely passing.
The filing claimed that NCL did not warn guests of the dangerous currents, that there were not enough lifeguards supervising the excursion, and that the cruise line did not disclose previous drowning deaths in the area.
Norwegian Cruise Line Agrees to Settle
Just two days before a bench trial was due to begin on April 6, 2026, Norwegian Cruise Line and the Shin family agreed to settle the lawsuit outside of the courtroom.
The details of the settlement are not publicly available, but it will take approximately 45 days for the proper paperwork to be filed and for a stipulation of dismissal to be filed with prejudice, which means the plaintiff cannot refile the same lawsuit ever again.
Shin’s relatives claimed that the cruise line should have been aware of the drowning risk at Horseshoe Bay due to previous incidents at the famous pink-sand beach.
NCL, on the other hand, argued that the plaintiffs did not sufficiently prove that the cruise line had notice of the risk to swimmers.
According to the cruise line’s request for summary judgment, which was denied in March 2026, NCL stated that it did not have a duty to warn of “the dangers associated with open bodies of water because they are open and obvious as a matter of law.”
For context, Norwegian Cruise Line would have filed the summary judgement in the hopes of deciding the case without a trial, which is a time consuming and costly undertaking.
However, US District Judge Cecilia Altonaga denied the motion because there was no clear-cut answer on whether NCL had advance notice of the dangerous conditions at the beach.
The judge cited other incidents with swimmers at the beach and pointed out that the captain’s log for Norwegian Getaway indicated that strong winds were present in the port at the time of Shin’s death, which could have caused rip currents.
“NCL acknowledges it owed its passengers a ‘duty to warn of known dangers in places where passengers are invited or reasonably expected to visit,” Judge Altonaga said in her denial.
“Because plaintiffs were invited to or could be expected to visit the beach, NCL had a duty to warn its passengers of known dangers there,” she continued.
Ultimately, settling likely became the best way for the cruise line to concede without spending even more money on things like expert witness costs, court fees, and other legal expenses.
Bermuda Shore Excursion Still For Sale
Believe it or not, the shore excursion booked by the Shin family is still available to other guests. Called the “Horseshoe Bay Beach Transfer,” the 4-hour experience costs $59.99 for adults and $49.99 for kids.
Despite the lawsuit, the tour page on NCL’s website still lists the tour as an “easy” activity and does not note any warnings about dangerous currents or drowning risk.
But elsewhere on its website, Norwegian Cruise Line states that tours are operated by independent providers and the cruise line is not responsible for any injuries, losses, or damages while guests are participating.
“NCL makes arrangements for Guests for Shore Excursions solely for the convenience of the Guest; NCL does not act on behalf of or supervise the parties or persons who own, furnish, or operate such excursions, and the same are provided by independent contractors,” the cruise line wrote.
“NCL assumes no responsibility for, nor guarantees the performance of, any such excursion provider, and Guests acknowledge that NCL shall not be liable for losses or injuries arising from the acts or omissions of such provider,” the brand continued.
The 3,903-guest Norwegian Getaway has moved on from Bermuda and is currently operating round-trip sailings to the Bahamas from Miami.
However, Norwegian Aqua, Norwegian Breakaway, and Norwegian Jewel are currently sailing to Bermuda, where guests can still visit Horseshoe Bay Beach.
Norwegian Cruise Line Settles Lawsuit Over Bermuda Drowning Death