Key Aspects:
- A former passenger of Norwegian Escape fractured her left femur in a poolside slip.
- The guest is now suing the cruise line for negligence, alleging that the pool area was not safely maintained.
- Norwegian Cruise Line has strict rules in place to ensure the safe operation of its pools for all of its ships.
For the second time this month, Norwegian Cruise Line has been slapped by a lawsuit from an injured passenger.
On March 19, 2026, Cruise Hive reported that a guest had filed a federal lawsuit against NCL after she was injured in an ATV shore excursion that she had booked through the cruise line.
But now, another maritime personal injury lawsuit has come to light. This claim was filed by Donka Kennedy in the United States District Court for the Southern District of Florida on March 2, 2026.
Per the claim, Kennedy was a passenger onboard the 164,998-gross ton Norwegian Escape on January 31, 2025, when she slipped on a wet, slippery substance while walking on Deck 16.
At the time of the incident, she was passing by one of the ship’s three swimming pools while making her way to the Garden Café, which is a complimentary buffet toward the aft (or rear) of the 4,218-guest ship.
The lawsuit claims that the slippery substance was transparent, so the Illinois resident could not see it prior to slipping. She suffered a left femur fracture in the fall, which required surgery and ongoing physical therapy.
Is Norwegian Cruise Line at Fault?
Kennedy’s lawsuit is seeking compensation on multiple counts of negligence, including for negligent maintenance and negligent failure to warn of a hazard.
Her legal team is arguing that the cruise line failed to safely and adequately maintain the pool area and surrounding flooring, and alleges that the crew members did not inspect the high-traffic area enough to ensure the safety of guests.
Kennedy also claims that the cruise line did not use proper non-skid mats or floor coverings and failed to use proper cleaning agents that would have prevented the walkway from becoming as slick.
These allegations have not been confirmed by the cruise line, nor are photos or videos of the conditions on deck at the time of the fall publicly available to verify or debunk Kennedy’s argument. NCL has not publicly commented on the lawsuit.
Additionally, there could be an argument made that it is impossible for pool areas to be completely dry during operating hours – even with crew members actively monitoring the area – as new guests are constantly splashing around and getting in and out of the water.
Read Also: Lawsuit Filed Against Princess Cruises Over Dining Room Accident
This suggests that there is an assumption of risk for guests who choose to walk through the area.
And to play devil’s advocate, information about other factors that could contribute to a fall, such as what shoes Kennedy was wearing, how fast she was walking, and if she was distracted at the time of the fall, is not publicly available.
NCL Enforces Pool Safety Rules
Slippery pool decks are not just unique to Norwegian Cruise Line, but are actually a complaint that guests have for essentially any cruise ship with a pool and/or jacuzzi.
In order to maintain pool deck safety, Norwegian Cruise Line’s website states that all ships have American Red Cross-certified lifeguards supervising at all times and do use slip resistant surfaces.
Additionally, children under 12 cannot use the pools unless they are accompanied by a parent or guardian at all times and no running or jumping is allowed.
As of the time of publication, Norwegian Escape is sailing normally with all pools and hot tubs open for guest enjoyment.
The Breakaway Plus-class ship is currently operating 7-night Caribbean itineraries out of New Orleans, where she will continue to homeport until mid-May.
