Lawsuit alleges Royal Caribbean served man 33 drinks before his death

Key Concepts

• Negligence: Failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
• Mechanical Asphyxia: A form of asphyxia that occurs when external forces prevent an individual from breathing, often due to physical compression of the chest or neck.
• Alcohol Intoxication: The state of being poisoned by alcohol, leading to impaired physical and mental faculties.
• Cruise Drink Packages: Pre-paid beverage plans offered by cruise lines, allowing passengers to consume a certain number or unlimited drinks (alcoholic and non-alcoholic) for a fixed price.
• Maritime Law: A body of law that governs navigation and shipping.
• Protocols: Established procedures or rules that should be followed in specific situations.

Lawsuit Allegations: The Death of Michael Virgil

A new lawsuit has been filed against Royal Caribbean, alleging negligence in the death of 35-year-old passenger Michael Virgil. Virgil died on board a Royal Caribbean ship last December while on a cruise to Mexico with his fiancée and seven-year-old son.

Specific Claims:

• Excessive Alcohol Service: The family claims that Royal Caribbean staff served Virgil at least 33 alcoholic beverages in a matter of hours, specifically while the family was waiting for their room to be ready.
• Obvious Intoxication: Kevin Haynes, representing Virgil's family, stated, "It stands to reason that he was demonstrably and obviously intoxicated and yet Royal Caribbean kept pouring the drinks."
• Agitation and Confrontation: According to the lawsuit, Virgil, while intoxicated, became lost and agitated while trying to find his family.
• Security Intervention: The family alleges that crew security tackled Virgil to the ground, stood on his body with full body weight, administered a sedative, and used multiple cans of pepper spray to subdue him.
• Cause of Death: Virgil died hours later. An autopsy determined his death was a homicide, due in part to mechanical asphyxia and alcohol intoxication.
• Character Reference: Virgil's family consistently describes him as "the gentle giant," stating his behavior was "very out of character for him."

Royal Caribbean's Response

In a statement, Royal Caribbean expressed sadness over the passing of their guest, confirmed they "worked with authorities on their investigation," and stated they "will refrain from commenting any further pending litigation."

Expert Commentary: Industry Protocols and Passenger Responsibility

Maritime attorney Michael Wkelman provided perspective on the case:

• Shared Responsibility: Wkelman noted that "every single passenger that goes on there also has a duty to drink responsibly," indicating that responsibility "cuts both ways."
• Protocol Deviation: However, he emphasized that if Virgil was indeed served "33 drinks in a period of a couple hours, that's in dramatic derivation of well-established protocols across the cruise ship industry."

Cruise expert Stuart Chiron offered insights into cruise operations and the feasibility of the claims:

Cruise Drink Packages Explained

• Purpose: Drink packages are designed for passenger convenience, allowing consumption of various beverages (soda, water, coffee, alcohol) without individual charges. They are "not to the benefit of the cruise lines."
• Limits and Precautions:
  • Certain cruise lines impose limits on the number of drinks one can consume in a specific period.
  • Passengers cannot buy drinks for multiple people; packages are "for you and you alone."
  • Crew are trained to monitor passenger behavior.
• Timeline Discrepancies: Chiron found the timeline of 33 drinks in a short period, especially starting around 10:30-11:00 AM (typical boarding time), highly improbable. He noted that passengers are usually exploring the ship or at the buffet, not sitting in one area for such prolonged consumption.

Staff Monitoring and Accountability

• Monitoring Challenges: With thousands of people on board, monitoring every passenger is difficult.
• Cruise Line Tracking: Despite the numbers, Chiron stressed that "the cruise lines know exactly what you did and they know exactly when you did it." This is due to video surveillance, accountability systems, and the requirement to use a card for charges.
• Staff Training: Cruise staff are "very well trained" and have "very good procedures" for serving alcohol, as cruise lines aim to avoid over-serving anyone.

Protocol for Rowdy Passengers

• Skepticism on Claims: Chiron found it "hard to believe that 33 drinks were administered were served within a very short period of time, even within a couple of hours." He also questioned the description of Virgil attacking crew members to the extent that one had to hide.
• Safety as Paramount: He highlighted that passenger safety is "paramount" on cruise ships, which are "floating resorts" and are "even more careful" than hotels.
• Ship's Capabilities: Cruise ships have extensive monitoring capabilities, knowing "what everybody is doing" and "where passengers are going," and they "do everything they can to ensure people are safe."
• Local Authorities: If a passenger became unruly while the ship was in port, local law enforcement would typically be brought on board.

Synthesis and Conclusion

The lawsuit against Royal Caribbean presents serious allegations of negligence, particularly concerning the alleged over-service of alcohol and the subsequent handling of an intoxicated passenger, leading to his death. The family's account details a tragic sequence of events, culminating in a death ruled a homicide due to mechanical asphyxia and alcohol intoxication.

However, expert analysis from a maritime attorney and a cruise expert introduces significant skepticism regarding the feasibility of the claims, particularly the consumption of 33 drinks in a few hours and the described confrontation. Experts highlight established industry protocols, staff training, and the extensive monitoring capabilities of cruise lines, suggesting that such an extreme scenario would be highly unusual and difficult to achieve without intervention. The case underscores the dual responsibility of both cruise lines to adhere to safety protocols and passengers to drink responsibly, while also raising questions about the specific circumstances and the extent to which established procedures were followed or failed. The ongoing litigation means Royal Caribbean is refraining from further comment, leaving many details to be uncovered in court.