MIAMI -- A popular cruise line faces a negligence lawsuit after a honeymooning couple’s zip line excursion ended with the husband’s death. His surviving wife sued Nov. 30 in U.S. District Court for the Southern District of Florida Miami Division.
The suit says Shir Frenkel and Igal Tyszman were recently married when they took a cruise on Royal Caribbean Cruises LTD (RCCL). Although they boarded the ship in Miami, the zip lining incident occurred during a stop at the port in Roatan, Honduras.
The couple was said to have booked the excursion because they wanted fun that was exciting but safe. They were also said to believe the zip line excursion was one of RCCL’s activities since the cruise line is the party that informed them about it.
The suit says the couple paid the cruise line for the zip line tickets, and the actual tickets bore an RCCL logo. The zip line tour allegedly was operated by partners or joint ventures of RCCL. “The plaintiffs [thought] that being a RCCL excursion, it would adhere to the highest safety standards in the industry and would be appropriately vetted initially and on an ongoing basis,” according to the lawsuit.
Unfortunately, the excursion turned fatal after Frenkel went before her husband on the activity. She had yet to complete her trip when her husband came down the line and collided with her. Tyszman was pronounced dead that same day and Frenkel suffered physical injuries of her own, including several fractured ribs, a splenic fracture, left pleural effusion, left pulmonary contusion, multiple traverse fractures, renal lacerations and renal capsular hematoma, according to the lawsuit. Frenkel was flown to Broward Health Medical Center in Fort Lauderdale and taken in at the trauma unit.
The plaintiff insists RCCL is responsible, pointing out it made representations that it was involved with the excursion from the logos to telling its passengers about it. “To all outward appearances, RCCL was the operator of the excursion…,” the lawsuit said.
Frenkel accuses RCCL of negligence, negligent misrepresentation and gross negligence. She said the cruise line had been made aware of nearly a dozen other incidents that happened on the excursion that resulted in lawsuits. She alleges this awareness means RCCL was knowledgeable about the excursion’s potential danger. She accused RCCL of breaching its duty to its guests by implying the zip line was safe.
Frenkel said she suffered loss of support and services, loss of companionship, mental pain and suffering, medical and funeral expenses. She also said her late husband’s estate has suffered medical and funeral bills and loss of prospective net accumulations.
Frenkel also sued the zip line tour operator and RCCL for negligent selection and retention.