Lipcon, Margulies & Winkleman announces class-action lawsuit against Royal Caribbean


Press Release, Marketwatch

A class action lawsuit has been filed against Royal Caribbean in connection to what happened to passengers booked on the Liberty of the Seas, the week of Hurricane Harvey.

Maritime Attorney Michael Winkleman from Lipcon, Margulies & Winkleman is representing dozens of people who were supposed to set sail out of Galveston, Texas August 27 [th] Winkleman has filed a class action lawsuit against Royal Caribbean Cruises Ltd in the U.S. District Court for the Southern District of Florida. The Class Action complaint alleges that despite Hurricane Harvey literally flooding parts of Texas, Royal Caribbean told passengers they would get no refund if they did not board. The suit states:

“RCCL’s misconduct was predicated on a profit motive because, simply put, cruise lines like RCCL make no money when passengers don’t sail.”


“RCCL’s knowing and intentional decision to effectively force individuals who had purchased a cruise aboard the Liberty of the Seas leaving August 27, 2017 to fly to Texas while it was in a state of emergency due to Hurricane Harvey, because RCCL would not cancel or modify its planned cruise. In so doing, RCCL forced hundreds of would be passengers, including children and the elderly, to be subjected to catastrophic flooding and potential loss of life.”

Before flying in from Canada, with her husband and two kids, Nikki McIntosh says she repeatedly contacted RCCL asking whether the cruise would be canceled. Weather reports showed Harvey would have an effect on coastal areas of Texas. McIntosh says, “We were told that despite the category 4 hurricane barreling down, the ship would set sail. We were told repeatedly…if we didn’t make it to the port, we would not be refunded.”

McIntosh says, “We ended up being trapped in Houston at our own expense for 6 days, surrounded by flood waters, our hotel leaking badly. Food shortages were a concern. I didn’t know if we would have to evacuate to a shelter. It was very stressful and completely unavoidable. RCI should not have insisted on a sailing. They should have rebooked and offered credit instead of holding our hard earned money hostage. Between wasted flights, hotel and food, we are out over $4500.”

More information, including how to join the class action, can be found here.

Cindi Avila
[email protected]