Norwegian Cruise Line Faces Lawsuit After ATV Flips During Shore Excursion
Key Aspects:
A former NCL guest has filed a lawsuit against the cruise line after being seriously injured during a shore excursion.
The guest was partaking in an ATV tour when her ATV turned over and fell on her during an accident.
She alleges that the cruise line is negligent in its advertising of the tour and for not properly warning of the danger associated with it.
A former passenger of Norwegian Joy, Kelly Damron, is bringing the hammer down on Norwegian Cruise Line (NCL) after suffering serious injuries during a shore excursion that was booked through the cruise line.
Damron filed a federal lawsuit against the 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.
Almost exactly one year prior to filing, on March 19, 2025, Damron participated in the “Buggy Eco-Adventure & Mayan Eden Park” while the 167,725-gross ton cruise ship was making a call in Roatan, Honduras. The tour involved riding off-road ATV/buggy vehicles on steep terrain.
Read Also: From Mishaps to Maydays – Cruise Ship Accidents
During the tour, the Arizona resident was following another buggy that repeatedly stalled while navigating the hilly conditions. During one of these instances, Damron attempted to maneuver around the stalled vehicle.
Unfortunately, Damron lost control of her assigned ATV in the process, causing the vehicle to overturn and fall on top of the cruise guest.
“As DAMRON attempted to safely maneuver around the stalled buggy, she began descending the steep hill and attempted to brake,” the claim states, which was sent to Cruise Hive by Damron’s attorneys.
“Due to the steepness and dangerous condition of the trail, and the lack of adequate supervision or guidance from excursion staff positioned along the trail, DAMRON lost control of the ATV, causing it to overturn and land on top of her,” the claim continues.
The cruiser suffered significant injuries in the accident, including a shattered right collarbone that required surgery, multiple fractured ribs, lower back injuries, neuropathy in her legs, memory loss, and potential cervical spine damage.
NCL Sued For Negligence
Specifically, Damron and her legal team are pursuing five counts against Norwegian Cruise Line and the unnamed third-party tour operator that NCL partners with to operate the tour.
The accusations are connected to negligence, negligent retention of an unsafe tour operator, failure to warn of unsafe conditions, and arguments that the cruise line is responsible because the excursion operator was effectively acting as NCL’s agent.
“The subject excursion was purchased by DAMRON through NCL’s excursion website. There was no sufficient mention in the advertisement or the purchase confirmation for the excursion from NCL that the excursion was being operated by independent contractors,” the claim argues.
Damron’s legal team is arguing that the cruise line failed to clarify that the excursion was operated by an independent third party and had prior notice of safety problems related to similar ATV/buggy tours through past lawsuits and consumer reviews.
“Prior passengers complained of and/or commented about safety-related dangers involving ATV and buggy excursions, including rollover risks, unsafe terrain, equipment problems, breakdowns, and unsafe operations, through publicly available reviews, complaints, and prior lawsuits involving substantially similar excursions,” the suit alleges.
Additionally, the lawsuit goes on to claim that Damron was not given proper instruction on how to safely operate the ATV on hazardous terrain, nor were enough guides present on the trail to supervise guests and ensure proper spacing between vehicles.
As of the time of publication, Norwegian Joy is operating normally and is based in Port Canaveral, Florida. She will continue offering itineraries to the Caribbean and the Bahamas until repositioning to Seattle to begin her Alaska season in May.
Is There an Assumption of Risk?
Currently, Norwegian Cruise Line offers two ATV excursions for Roatan, Honduras, on its website. These include the 4.5-hour “Jungle ATV Adventure & Beach Escape” and the 4.5-hour “ATV & Mangrove Cruise.”
NCL categorizes its excursions with activity levels, with a level 1 tour being easy and a level 3 tour requiring the most physical exertion. The listings for these ATV tours make it clear that they are both intense, level 3 activities.
The website also makes it clear that only healthy guests should book these tours and warns of potentially dangerous conditions.
“Tours with this activity level involve physical exertion for extended periods of time; can involve uneven or steep terrain or swimming in a light current. Recommended only for physically fit and adventurous travelers,” both tours warn.
Guests are also required to sign a waiver prior to participating in these shore excursions, in which they indicate that they understand the risk associated with the activity.
In a somewhat similar situation, NCL was sued by a family after a father drowned during a shore excursion in Bermuda. The family alleged that Norwegian Cruise Line did not properly inform guests about the hazards associated with the swimming tour. The results of that lawsuit are still pending, but Cruise Hive will be sure to cover it if and when updates become available.
Norwegian Cruise Line Faces Lawsuit After ATV Flips During Shore Excursion